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The Lake at Cherry Lane
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O rN b n K r- m ~~ ] d G Y ~ rt ~' `° °O m ~ ~ d ro n ~ O cD '-h Fw-~ ~ rt H • m~a ~ro°H'~• z ~' ~r-a w H ~ .. ro ZN w ~rwr r%rt m 'y O~ N O rt trJ N ~dw w~ os rt~o ~ OK ~ ~ v"C ~ rwh ~c ,. ~ o ~O~]] 'C LTJ k1 H n e~ a~'. a a a r- I yv~~ I~IS~I~ l I i d~ en c~ ro~ ca m m eo m x c~ $ 3 H 4 4 trJ w w o F~• o K o r• m o K w o o r• r- o k K H M tr' G tr' r K p w H fD ~ ~ g tr' r ~c r- m ~ H rt a~ rt O ~ m G~ H rt ~ n w ca m g cn N d r• r- Ctl 3 P~ 3 r O ]' O ro a ~ m rt m m K m z o r- r m m K r~ ro r- rt m m ~C H w k ~ m w ~ G o, rt rt O C H £ m o ~ k w. a• x w m m K H w o w m o m d ~ k k N ~ O £ ~ k 7 K ~ w ~ rox K r e~ zz z~ G7 ~ ~ N [rJ o •• H '~ L1 L7 n~ H r H N V] U) H F-' O~ z~ o ~ ~.~ ~~ ~ x o ~ w ~ ~c ~ o m ~- 7~j ro o rro ~~ ~y~~ a- z x m ~ ~ro ~ icy ~~r M ~ y d ~-m m z~ ~~y ro t~ ~~ o to z r- N m 'K ;v r rt K ~ N [ o ~ ~ o a~ r x o d w ~ z ~ o ~cn n H ~ tx+i ~ ,n H U] H N ~ ~ C<J a ~ FG-' FC R'+ z a '~TJ ~ H N P. ~ H .y'd O Czl] ~ r- m ~ p] £ a t'~ ~a ,w~ H G ~ ~' N ~ rt ~ b] H ~ rt H W m H H ~ ~ n cn C C ,.~ H ~ K ~ 1 H 3 H H H tl 4 C r ~c H r au ~', J n Nm ~ ~ W (D ~ r• r- d ~ mrt A N ~' j7~~ ynd hand U~ rs Civil En9~neers July 22, 1985 Mr. Jack Niemann City Clerk City of Meridian Meridian, ID 83642 RE: The Lake at Cherry Lane No. 2--Variance Request Dear Mr. Niemann, As representative for Kent G. Barney, developer for the above referenced project, I respectfully petition the commission to grant a variance for Section 9-604, items 3a and b, of the Sub- division and Development Ordinance. Saic1 petition is to: 1. Process subdivision application as both 126 lot pre- liminary plat and 23 lot 'final plat. 2. To allow dedication of new streets. Thank you for your time and consideration. If you have any further questions or concerns, please contact our office. Sincerely, a. ~. w Daniel A. T rf n DAT/ndp cc:file 3330 Grace Street Boise,ldaho 83703 (208)342-7298 HUB OF TREASURE VALLEI' OFFICIALS JACK NIEMANN, City Clerk A. M. KIEBERT, Tree9uret BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Wute Weter Supt. KENNY BOWERS, Fire C81af ROY PORTER, Pollee CKiel GARY SMITH, Clty Enolneer A Good Place to Live • CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Psoae 888-0433 GRAM P. KINGSFORD Maror JULY 23, 1985 MAYOR COUNCIL P & Z MEMBERS CITY ENGINEER CORRECTED FINAL PLAT ON THE LAKE AT CHERRY LANE # 2 PHASE I: COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MVERS ROBERTGIESLER BOB SPENCER Chairmen Zonlnp & Plenninp ~ 1 c ;VEERS, Ina: }50 Tovm Twcnvoo0 ~ww~ Tung t - Tas~ q~no T7~ Project: 8432 Date: January 26, 1981 EXFIIBIT "A" DESCRIPTION OF THE KENT G. BARNEY PROPERTY A PORTION OF SECTION 3, T.3N., R.1W., B.M., AD.4 COUNTY, IDAHO A parcel of land lying in Section 3, T.3N., R.1W., B.M:, Ada County, Idaho and more particularly described as follows: Beginning at the Northeast corner of the SE 1/4 of the said Section 3; thence North 88°55'29" West 1,321.64 feet along the Northerly boundary of the said SE 1J4 of Section 3 to a point marking the Southeast corner of the SW 1/4 of the NE 1/4 of the said Section 3; thence North 0°26'04" East 269.70 feet along the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 3 to an iron pin, also said point being the REAL POINT OF BEGINNING; --- ~ thence continuing North 0°26'04" East 1,053.70 feet along the said East- erly boundary of the SW 1l4 of the NE 1/4 of Section 3 to a point marking the Northeast corner of the said SW 1/4 of the NE 1/4 of Section 3; J thence North 89°02'00" West 1,321.04 feet along the Northerly boundary of the said SW 1/4 of the NE 1/4 of Section 3 to a point marking the Norttrwest corner of the said SW 1/4 of the NE 1/4 of Section 3; thence North 89°18'58" West 301.80 feet along the Northerly boundary of the SE 1/4 of the NW 1/4 of Section 3 to a point; -- ~ thence South 0°30'18" West 1,040.55 feet along a line Easterly of and parallel with the Westerly boundary of the E 1/2 of the said SE 1/4 of tt;e NW 1/4 of Section 3•to a point on the centerline of a certain Irrigation Ditch; `~ ~~ thence North 88°23'34" West 264.94 feet along the said centerline of a • certain Irrigation Ditch to a point; .~ thence South 86°50'21" West 61.7b feet along the said centerline of a cert~n Irrigation Ditch to a point; ~' ,/ thence North 82°39'35" West 14.81 feet along the said centerline of a certain Irrigation Ditch to a point marking the point of ending of the said centerline of a certain Irrigation Ditch; - ~~ tt:ence North 69°18'58" Sdest 15.17 feet along a line Southerly of and parallel with the said Northerly boundary of the E ]/2 of the SE 1/4 cf the Nk' ];4 of Section 3 to a point on the said Westerly boundary of the E ]/2 of the SE ]!4 of the FK ] ~4 of Sectfon 3; -- ~: .~ - ,.~'P'`'EER$, In~ SSOSwm 8.«,~rooa.+enu.. suns , - Bwae W,noeJ1P • >' • Project: 8432 Date: January 26, 1981 Page;. 2 -Exhibit "A" -The Kent G. Barney Property / thence South 0°30'18" West 283.36 feet along the said Westerly boundary of the E 1/2 of the SE 7%4 of the NW 1/4 of Section 3 to a point marking the Northwest corner of the W 1/2 of the E 1/2 of the N'E 1/4 of the said SW 7/4 of Section 3; thence South 0°30'11" West 407.93 feet along the Westerly boundary of the 3'aid W 1/2 of the E 1/2 of the NE 1/4 of the SW 1/4 of Section 3 to a point on the centerline of Eight Mile Lateral; / thence Southeasterly, along the said centerline of Eight Mile Lateral the following courses and distances: -~-"~ Y% .South 68°54' 11" East 276.46 feet to a point of curve; / thence Southeasterly along a curve to the right 59.46 feet, said curve having a central angle of 34°04'20", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51°52'06" East to a point of tangent; ~i thence South 34°50'01" East 29.2.99 feet to a point; -thence South 89°48'41" East 147.34 feet to a point; -" /thence North 35°00'00" West 109.03 feet to a point; thence North 51°45'00" West 580.00 feet to a point; - -----~j thence North 0°29'44" East 335.18 feet to a point on the said Northerly boundary of the SW 1/4 of Section 3; /thence South 89°25'06" East 254.51 feet along the said Northerly boundary of the SW 1/4 of Section 3 to a point; 'thence North 25°00' 00" East 64.19 feet to a point; ifthence North 75°59' 31" East 70.00 feet to a point; thence South 40°00'00" East 40.00 feet to a point; --'^ rj/thence South 75°30'00" East 190.00 feet to a point; -^ v thence North 68°00'00" East 265.00 feet to a point; -.i'thence South J7°30'OC" East 770.00 feet to a point; -~- _~jtt;ence South 72`00'00" Wcst 2EO.D0 feet to a point; - ~'.heuce South ]7°00'CO" East 175.00 feet to a point; .' ~ . ~rt~i'vEERS, Inc i:5° 6ou~n Brcn.~ •gni».6~n< t - a°oe. Wa'ws]fiv Project: 8432 Date: January 26, 1981 Page: 3 - Exhibit "A" - the Kent G. Barney Property -~ ~ thence South 44°00'00" West 90.00 feet to a point; ~j thence South 50°30'00" East 114.35 feet to a point on the Northwesterly -~~-~--boundary of Block 9 of Cherry Lane Village No. 2 Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 46 of Pl/ats at pages 3791 and 3792; . -1 ~/ thence North 65°50.'00" East 244.67 feet along the said Northwesterly boundary of Block 9 of Cherry Lane Village No. 2 Subdivision to a point; thence North 22°15'00" East 110.00 feet along the said Northwesterly boundary of Block 9 of Cherry Lane Village No. 2 Subdivision to a point marking the Northwesterly corner of Lot 24 of the said Block 9 of Cherry Lane Village No. 2 Subdivision; ___ v thence South 67°45'00" East 15.00 feet along the Northeasterly boundary of the said Lot 24 of Block 9 of Cherry Lane Village No. 2 Subdivision to a poi/nt; ,/ thence North 22°15'00" East 150.00 feet along the extended Northwesterly boundary and the Northwesterly boundary of Lot 3 of Block 10 of the said Cherry Lane Village No. 2 Subdivision to a point marking the Northwesterly corner of the said Lot 3 of Block 10 of Cherry Lane Village No. 2 Subdivision; ~ thence South 67°45'00" East 240.00 feet along the Northeasterly boundary -~ of the said Block 10 of Cherry Lane Village No. 2 Subdivision to a point marking the most Easterly corner of the said Block 10 of Cherry Lane Village No. 2 Subdivision; ---~'- J thence North 22°15'00" East 151.78 feet to a point; - - / thence North 71°11'51" East 270..18 feet to a point; -~ J thence North 0°26'04" East 87.02 feet along a line Westerly of and parallel with the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 3 to a point; r `- J thence North 89°33'56" West 74.59 feet to a point; -- thence North 0°26'04" East 202.46 feet along a line Westerly of and parallel with the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section 3 to a point; ..vIh'EERS, InL 25p gouty BNCIIMOJC wn.nue, 6upa t - S _ soda WMO e»09 • • Project: 8432 , Date: January 26, 1981 Page: 4 -Exhibit "A" -The Kent G. Barney Property thence South 89°33'56" East 94.59 feet to the point of beginning, com- prising 57.65 acres, more or less. Prepared by: J-L'-B ENGINEERS, Inc. .~~5'SER~ Igti ~~ ~y (. R094~S~ Gary L. Rodenspiel, L.S. EWW/GLR:dm S/ATk Of ID4!!C. COUNiv Of ADA. Ss ~~':~rctc:d r'!hc r~,i-.~~• CHICAGO ~E • / CO. 1Cu -qi l;rA eon ri,_ Dy_ ---_ ~ ._.__. .: .r /D Q"U BY THE LAKE AT CHERRY LANE July 18, 1985 Commencing at the center of Section 3, Township 3 North, Range 1 West, B. M., Ada County, Idaho, thence S. 88°55'29" E., a distance of 2643.29 feet, to the East Quarter Corner of Section 3, T. 3 N.,R. 1 W., thence S. 82°20'46" W., a distance of 1669.67 feet to the POINT OF BEGINNING; thence N. 67°45'00" W., a distance of 365.00 feet to a point, thence N. 50°31'30" E., a distance of 139.15 feet to a point, thence along a curve to the right having a radius of 150.00 feet, a delta angle of 3 45'50°, tangents of 4.93 feet, an arc length of 9.85 feet, a chord of 9.85 feet bearing N. 34°02'55" W. to a point, thence N. 32°10'00" thence S. 80'49'41" thence N. 42°20'59" thence N. 32'10'00" thence N. 32°51'04" thence N. 46°00'00" thence S. 86°10'00" thence N. 03°50'00" thence N. 03°15'37" thence N. 03.50'00" thence N. 86°10'00" thence S. 46°00'00" thence S. 39°18'35" thence S. 32°10'00" thence S. 57'50'00" thence S. 32°10'00" W., a distance W., a distance W., a distance W., a distance W., a distance W., a distance W., a distance W., a distance W., a distance W., a distance E., a distance E., a distance E., a distance E., a distance W., a distance E., a distance of of of of of of of of of of of of of of of of 106.50 feet to a point, 101.30 feet to a point, 66.48 feet to a point, 80.00 feet to a point, 61.81 feet to a point, 197.00 feet to a point, 81.00 feet to a point, 100.00 feet to a point, 50.00 feet to a point, 100.00 feet to a point, 191.37 feet to a point, 261.67 feet to a point, 96.77 feet to a point, 213.18 feet to a point, 100.00 feet to a point, 100.00 feet to a point, thence N. 57°50'00" E., a distance of 100.00 feet to a point, thence S. 67'45'00" E., a distance of 220.00 feet to a point, thence S. 22°15'00" W., a distance of 80.00 feet to a point, thence S. 95°56'54" E., a distance of 53.85 feet to a point, thence S. 22°15'00" W., a distance of 100.00 feet to a point, thence along a curve to the left having a radius of 20.00 feet, a delta angle of 90 00'00", tangents of 20.00 feet, an arc length of 31.42 feet, a chord of 28.28 feet bearing S. 22°45'00" E. to a point, thence S. 22°15'00" W., a distance of 50.00 feet to a point, thence N. 51°48'17" W., a distance of 72.80 feet to the POINT OF BEGINNING. Parcel contains 5.56 acres, more or less. Prepared by LOVELESS ENGINEERING 3330 Grace Street Boise, ID 83703 THE LAKE AT CHERRY LANE N0. 2 JULY 22, 1985 Commencing at the center of Section 3, Township 3 North, Range 1 west, B. M., Ada County, Idaho, thence S. 88°55'29" E., a distance of 2643.29 feet, to the East Quarter Corner of Section 3, T. 3 N.,R. 1 W., thence S. 82°20'46" W., a distance of 1669.57 l:eet to the POINT OF BEGINNING; thence ti. 67°45'00'. W., a distance of 643.57 feet to a point, thence N. 12°00'00" E., a distance of 92.80 feet to a point, C thence N. 11°44"56' E., a distance of 207.40 feet t~ a pe-int, thence N. 03'50'00" thence N. 03°15'37° thenoe N. 03°50'00° thence N. 86°10'00" thence S. 46'00'00' thence S. 39°18'35' thence S. 32°10'00" thence S. 67.45'00" thence S. 22°15'00" thence S. 45'56'54" thence S. 22°15'00" W., a distance W., a distance W., a distance E., a distance E., a distance E., a distance E., a distance E., a distance W., a distance E., a distance W., a distance of of of of of of of of of of of 100.00 feet to a point, 50.00 feet to a point, 100.00 feet to a point, 191.37 feet to a point, 261.87 feet to a point, 96.77 feet to a point, 313.18 feet to a point,. 220.00 feet to a point, 80.00 feet to a point, 53.85 feet to a point, 100.00 feet to a point, thence along a curve to the left having a radius of 20.00 feet, a delta angle of 90°00'00", tangents of 20.00 feet, an arc length of 31.42 feet, a chord of 28.28 feet bearing S. 22°45'00" E. to a point, thence S. 22'15'00" W., a distance of SO.OO feet to a point, thence N. 51°48'17" W., a distance of 72.80 feet to the POINT OF BEGINNING. Parcel contains 8.0 acres, more or less. Prepared by LOVELESS ENGINEERING 3330 Grace Street Boise, ID 83703 THE LAKE AT CHERRY LANE-PRELIMINARY PLAT Addresses of Property Owners within 300' radius %~L. A. Aschenbrenner John Wilkins James Fuller "Claud Johnson ,,~ . ~y City of Meridian 3875 W. Ustick Road ,2~r Meridian, ID 83642 4085 W. Ustick Road Meridian, ID 83642 ~~ 1635 N. Ten Mile Road ,!( Meridian, ID 83642 I 3095 N. Ten Mile Road Meridian, ID 83642 728 Meridian Street Meridian, ID 83642 ~i~Tilliam Teter '" Ken Hyde J: ,'J Richard Cron Grant Walker Lester Smith Jonathan Brougher rFxanklin Service Corp. 2201 Allumbaugh Roads Boise, ID 83704 7504 Maxwell Drive Boise, ID 63704 1111 N. Adams Street Nampa, ID 83651 3810 Sea Island Court Meridian, ID 83642 3855 Sea Island Court Meridian, ID 83642 3845 Sea Island Court Meridian, ID 83642 Franklin Building 9370 S.W. Greenburg Road Portland, OR 97223 s j THE LAKE AT CHERRY LANE-FINAL PLAT Addresses of Property Owners within 300' radius City of Meridian 728 Meridian Street ~~~ Meridian, ID 83642 William Teter 2201 Allumbaugh Road Boise, ID 83704 Richard Cron Grant Walker Lester Smith Jonathan Brougher Ken Hyde Franklin Service Corp. 1111 Adams Street Nampa, ID 83651 3810 Sea Island Court Meridian, ID 83642 3855 Sea Island Court Meridian, ID 83642 3845 Sea Island Court Meridian, ID 83642 7504 Maxwell Street Boise, ID 83704 Franklin Building 9370 S.W. Greenburg Road Portland, OR 97223 . . ,C~ ~ t985 ~e : Thu Ltr.(2e ~ ~ l~ ?so. z ~°'- ~~. ~ - -tvA.a r~,~~if -~- w~ ~ Tw,M.lw,~ ,Caa-!u ,rn~ ~ , ,QC'mt ~ riLta,~.~ /1.e d a ,.~c~Ce ~ ~~ourure~. ~ a,!-Q a ail.t~ o~ ~ X00 s F. G,a .G-~-~h ~- 4. ~~cti~.,4.~ , .fir -w~. ~,.~,e . ~'tvvk -a-avw~d at.aa_ at ~ fird a~/ Lalttvctw- ~JY. .c¢ 7vnu;-A~x aQ ar, 1'-e~2~m.ec~~' ad eiraa G~L/.~u22ciC evil ~`'~~. ,E cep C c, ~ . .~.e GLee.~f ~vr 7u~ ~~-r~ r~ ~ ,ofi.~,( ~1u ~vc~,.k.ee,- ~~a- iU~+l drr.~l-~mi.H~ ~r~z a.~.r -~ '~.,rv{ ~I.~vi.ew~etG/ ~~ . 1 Zvi.CQ ~ L'vK2Lt~,.~.~q aii.~.~..7~e ~.~c.u- ,~;~,~ ~il~ ht~f Q aq oY .~a.e- ~On.c~,-vi,~,..~ n-xyOO"' M.uc.u~r Gcr. '~^o s .~ QUEST FOR SUBDIVISIOt7 APPROVA~ PRELIMINARY PLAT PLANNING AND ZONING CODIl4ISSION TIME: TABLE FOR SUBMISSION: 1. See City policy statement, Submission Requirements, Appendix I. 2. A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. 3. The Planning and Zoning Commission will hear the request at the monthly meeting following the, month the request was made. 4. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision,~i,lG_ Id _d~ ~~/~~ ~ ~ ~/ 4ftJV~Y I,~ I~~_~ N~Li 2. General location, 3. Owners of record, K ~T ~~gg~t Address 2315 pl.' r fE.F.I (v(IL>/ MERIDI , Zips ~~ ` ~Telephone~'f;R'~~ 4. Applicant, ~jQ Address, ~ ~~ 5. Engineer, ~%('`{.~~„ ~f/fl~f Firm(~~ . Address~j~j~j Q (~ RQ(~ !j_T { ~~j~ ~ {[~ fjj'JOTj , Zip ~ ~/ q ~ h Te lep one 'jj'~'2~ /2- --9 6. Name and address to receive City billings: Name l ~ ' ~~ EJ.1~ 1~(T Address 333o C ~~ pl~~ Zip y?j~O3 Telephone ~2-7~ PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres rrl ~~Lfjtj 2. Number of lots . 3. Lots per acre ' 4. Density per acre S. Zoning classification(s) (~1~ild~'r~Q-L -t 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification N ~ 7. Does the plat border a potential green belt ~[~ FJ. Have recreational easements been provided for (\~ h 9. Are there proposed recreational amenities to the City YEh Lxplain~Dlf D1~_ ~ ~Olf. ~D ~XLh~ 9 NOIf ~OL{~ LOS1Q-~~. 10. Are there proposed dedications of common areas?~_ Explain J For future parks?~_Explain ~- fll r REQUEST FOR P_HELIMINARY PLAT: Planning and Zoning Camiission continued =~ • Page 2 , i ~~ !', PRELIMINARY PLAT CHECKLIST: Subdivision features continued 11. What school(s) service the area~(~ S[{~pOLL„ do you propose any agreements for future school sites wjQ , Explain - 12. Other proposed amenities to the City w~(~ Water Supply Fire Department , Other , Explain 13. Type of Building (Residential, Commercial, Industrial oz combination), 14. Type of Dwelling(s) Sin le family, Duplexes, Multiplexes, other ~tLTI F~LI t~~ 15. Proposed development features: a. Minimum square footage of lot(s), b. Minimum square footage of structure(s), U c. Are garages provided for, w(~yj square footage s}~ d. Are other coverings provided for Nd e. Landscaping has been provided for {~d , Describe f. Trees will be provided fore, Trees will be maintained ^~ g. Sprinkler systems are provided for ~~ h. Are there multiple units, Type r--_ , remarks._~ i. Are there special set back requirements. ~ D , Explain =-.__ j. Has off street parking Jaen provided for Y~L~ Explain 2~ ~21Ut~- DD(,Jj~(~ L~K ~fAW1GrE k. Value range of property ~ ~j , 5 A O ' ~ 1. Type of financing for development ~E}/F ~//} Lpr.)~/~'~b~J~y m. Protective covenants were submitted~_, Date -~ 16. Does the proposal land lock other property~~, ]bes it create Enclaves ~ Q STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive .Plan. 3. Compliance with Ordinance N365. (2) /_or / dlcxJc I i µ~ ,CArcE ~"T ,Cf~EKRy /,fwE Sub N J L ~C ~~. Sc~c.~ o,~ NA~\~ ~ v ,~~ ~ i N X70 ~S`©•~ `~s 00\ ~~f/ ~~` zO-o„ ~~ w I ~ ~ s /~ ~ \ ~~ ~2o PAS F D ~, '~~. ~~,6.. `~.,~,.. !J~/ ~/ ~ ~ k~ ~b~e~v ~~e~t~-r~cA. or 1 aLcxk 1 ~ 1~E ~4KE 1~T - C+~~,eRy ~E suB N ~~ ~C ~~. SS O .~ 70.3 7l. ~ ~ ~`'\! ~~ EXr-FiBtT $ ~9,~~ ~ v ~~^'T ~~ ~~ ~w fi~~NG O ~~ us , O~ , ~ ~~f/ ~~i.6~\ SCJ4L~ 1 `. 20'0" c- ~N Con1 pcrA~c~ .- rte: ~_ ~$ ~~ ~: ,, ~` , N ~ ~ 5 y rnei$t ? 6 ' i ~ Sv?a-. V .. ~ ~1 is ' 5y i ~~ 9 THE LAK ~T CHERRY LANE-PRELIMINARY PLAT Addresses of Property Owners within 300' radius L. A. Aschenbrenner John Wilkins ~ames Fuller Cla d Johnson City of Meridia~ illiam Teter ~'~~ ~ent.Hyde Richard Cron ~*-.,. y/~: rant Walker ~ ester Smith ~`~ 3875 W. Ustick Road Meridian, ID 83642 4085 W. Ustick Road ' Meridian, ID 83642 1635 N. Ten Mile Road Meridian, ID 83642 3095 N. Ten Mile Road Meridian, ID 83642 728 Meridian Street Meridian, ID 83642 2201 Allumbaugh Road L~.- Boise, ID 83704 )~ 7504 Maxwell Drive ~~ Boise, ID 83704 1111 N. Adams Street Nampa, ID 83651 3810 Sea Island Court Meridian, ID 83642 1 3855 Sea Island Court Meridian, ID 83642 Jonathan Brougher- anklin Service Co ~ 3845 Sea Island Court Meridian, ID 83642 Franklin Building 9370 S.W. Greenburg Road Portland, OR 97223 r i i •.. N. FOR VALUE RECEIVED BENJFRAN DEVELOPMENT INCORPORATED, an Oregon Corporation. the Grantor , do es herby `rant, barQala, cell and convey unto ~ Kent G . Barney and Mary R. Barney, husband and wife theGrantats ,whoaeaddraaala 2375 N. Ten Mile Road, Meridian Idaho cha fblbwltlR dacrlbad promiasa, to•wit: A parcel of land situated in Section 3, T.3N., R.1W., B.M., Ada County, Idaho, more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. 83642 TO HAVE AND TO HOLD the said premises, with their nppurtenaacea unto the aald Grantees , their heir and awiEns forever. And the acid Graator do es hereby oovemnt to and with the said Grantoe g ,that they are the owner s is fee simple o/acid pnmisea; that acid premLtaa an fne from all ancumbrancu and that they will warrant and defend the aama /tom all lawful claims whataowar. 1985 Dale C. Johhabn President, BENJFRAN DEVELOPMENT INCORPORATED. ~i 2; :2 :~ E3 STATE OF IOwIl07~000NTY OP Washington oa tAt• 11th dq of September , to 85 , -_.A•[oe• ne, a atary twblie la radTaruW 8taC•~pena~•Ily •pp••na Dale C. Johnson, President of BenjFran Development, Inc. Ynovrn to a~eto 0• tA• p•rao• wM Sen•m• wb•eri4id [o ia• wiMin in•truswnt, •ad neWwwl•daad to w ihat he •s•eu d th• •un•. n«..y rtiuw o '•. It;.idink•t• Portland, Oregon ,i1s11tt r., BTATE OF IDAHO, COUNTY OP ~L`~ I Mr•-r e•rti4r Wt tai• in•uwr•at~r•• Md (ur neord iM r / ~ l ~ u • r•awt a ~,., O V t e t S 5 t µQ~µ~, j~wp ~f f ~ 7~ a'~4.~""' ~ R ~ u - - O 'j' ~ainw•r ~..c _~- C `~ 'yw 3:i thi, ~ 8 t a.y.t S to g in AY •~ •na duly readM a<D••d• a pap JOHN BASTIDA 3a ~' a f- ~ ~ ay f' Deputy. 3,3 F•••t i ~ !k°' f' C Y•il W: " ~ : s: ~; . ,;; s '~iy'i)Vi17[xii`_:'1ffii1"9i~SiL('.~..~'Ygw1?[isi^.' 1v. ~:~'iw" i:: ~_.'__ ~.~~: ~7r~~$wrnel. ~.~M WARRANTY DEED r~~~' f-~ s~ r- • EXHIBIT A r(~ r I~ ~ D ~~ p \Y~ ~ ~"fAE LAKE AT CHERRY LANE N0. 2 September 16, 1985 Roadway Description Extended Turnberry Way Commencing at the center of Section 3, Township 3 North, Range 1 West, B.M., Ada County, Idaho, thence S. 88 55'29" E., a distance of 2,643.29 feet, to the East Quarter of Section 3, T.3N., R.1W., thence S. 82 20'46" W., a distance of 1,669.67 feet to the POINT OF BEGINNING; thence N. 22 15'00" E., a distance of 151.78 feet to a point, thence N. 71 11'15" E., a distance of 66.31 feet to a point, thence S. 22 15'00" W., a distance of 25.34 feet to a point, thence along a curve to the left, having a radius of 20.00 feet, a delta angle of 90 00'00", a tangent of 20.00 feet, an arc length of 31.42 feet, a chord of 28.28 feet bearing S. 22 45'00" E. to a point. thence S. 22 15'00" W., a distance of 50.00 feet to a point. thence along a curve to the right, having a radius of 20.00 feet, a delta angle of 90 00'00", a tangent of 20.00 feet, an arc length of 31.42 feet, a chord of 28.28 feet bearing S. 67 15'00" W. to a point, thence S. 22 15'00" W., a distance of 94.29 feet to a point, thence N. 51 48'17" W., a distance of 52.00 feet to the POINT OF BEGINNING. Parcel contains 0.234 acres, more or less. Prepared by: LOVELESS ENGINEERS 3330 Grace Street Boise, ID 83703 CITY COUNCIL • DECEMBER 2, 1985 j PAGE $ 2 J/ City Engineer, I notice that they call for streets, our Ordinance calls for a 35 foot to eight foot fence in the covenants while six foot fence. 30 foot set back on certain front setback, it also speaks the Ordinance only addresses Mayor Kingsford, in regards to this our Ordinances would take precedence over the covenants. There was discussion on these items. Mayor Kingsford, could we approve these subject to our Ordinances? Crookston, it would be better to approve subject to the changing of these two items. Mayor Kingsford, it probably would be in the best interest of the City to amend the Ordinance to allow eight foot fence in Industrial Zone rather than .having to grant Variance, I might recommend to Mr. Spencer to start this process. The Council concurred with this. The Motion was made by Tolsma and seconded by Giesler to approve the covenants of Treasure Valley Business Park Phase I subject to conformance to the City Ordinances: Motion Carried: All Yea: Item #3: Findings of Fact and Conclusions on Variance Request by Kent j' Barney: "/ Mayor Kingsford, I might at this time have the City Engineer make some comments on this as he had some concern about not having street lights in a subdivision, I think it might be good to have on record his comments: City Engineer, I think the Council needs to be aware of the fact that we are dealing with two different kinds of lighting, one is the yard lighting which is very pleasing and attractive from the homeowners stand- point, I made a trip there tonite and there were a great number of lights that were lit, many more than were not, I also went to Settlers Village Subdivision and the street lights provide an intersection visibility so that you can see vehicles coming to the intersection before you get there with your headlites, you also have dark areas in Settlers Subdiv- ision between the street lights. In Cherry Lane Village you do not have the intersection lighting, you do not see what is in the intersection until you get there with your headlites, but down the street you have the yard lights that do provide some lighting, You have the two diff- erent kinds of lighting both attractive in their own way, both necess- ary in their own way but the street light itself from an engineering stand point is appropriate for safety, for emergency vehicles and I think this is probably a difficult situation because of what has happen- ed prior to Kent Barneys Subdivision as far as requiring street lights and that is why he has made his request for a Variance. The combination of the two would be great. 'Mayor Kingsford, certainly we are looking at a lot of trade offs and the reason I wanted this brought up was it bothers me the precedent we are looking at developers are now responsible for the costs of those ERZDIAN CITY COUNCIL • • DECEMBER 2, 1985 PAGE # 3: street light installations under our current Ordinance, if we grant this certainly we will have othex developers requesting that we grant Variance for the same thing, we have approved of a concept plan several years ago on this development and if it were to run through the whole development there would be continuity in not having street lighting, with the cost of street lighting to the City, it might be down the road with the tight budget constants this could be a low priority iten: I know several ' Cities have evaluated this and turned off every other light. There are several ways to look at it, my recommendation would be that we go ahead and grant the Variance for this development but make it clear that it is not our intention to vary from the Ordinance as a general rule, but it is the Councils decision to make. Myers, I think it is the only way we can go because of the concept of that area, the concept of the whole area out there was designed that way and if it was still the same developer it would be that way. I think the continuity is very important to keep that way. There was discussion on,how the yard light could be policed as far as making sure they were maintained and also discussion on not have a separate switch for the yard lights, they be strictly on a photo-cell. It was the decision that this would have to be in the form of an Ordin- ance as the Electrical Code does not speak to this subject and the Ord- inance would be only where a Variance to the Street Light requirement had been granted. The City Attorney and Electrical Inspector are to proceed with this matter. The Motion was made by Myers and seconded by Tolsma that the Meridian City Council hereby adopts and approves the Findings of Fact and Conclus- ions as prepared on the Kent Barney Variance. Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: The Motion was made by Giesler and seconded by Myers that the Variance request by Kent Barney be granted under the conditions as stated in the Findings of Fact and Conclusions. Motion Carried: All Yea: Item #4: Ordinance #459: Annexation of Terteling Property: Mayor Kingsford, this is the annexation which was approved at the last meeting and tonite we have the Ordinance. An Ordinance annexing and zoning certain real .property which is described as a part of the South- west Quarter, Section 18, Township 3 North, Range 1 East, Boise- Meridian, Ada County, Idaho and providing an effective date, is there anyone present who wishes Ordinance # 459 read in its entirety? There waS no response. The Motion was made by Tolsma and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance Number 459 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: OFFICIALS JACK NIEMAN N, Clty Clerk A. M. KIEBERT, Trossurer BRVCE D. STUART, Water Works Supt W AYNE G. CROOKSTON, JR., Attorney EARL WARD, Weete Water Supt. KENNY BOWERS, Fire Chief ROY PORTER, Police Chlei GARY SMITN, CItY Engineer HUB OF TREASURE VALI_F~ • A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone BBBi497 GRANT P. KINGSFORD Mayor December 3, 1985 Mr. Kent Barney 2375 North Ten Mile Road Meridian, Idaho 83642 re: Variance Request: Dear Mr. Barney, COUNCILMEN BILL BREWER RONALD R. TOLSMA 1 E. BERT MYERS ROBERT GIESLER BOB SRENCER Chairman ZOninB 8 Planning Your Variance Request for not being required to install street lights in The Lake at Cherry Lane Subdivision # 2 was approved by the Meridian City Council at the reg- ular meeting held December 2, 1985 under the conditions as stated in the Findings of Fact and Conclusions. It will be necessary to amend the Covenants for this Subdivision and have them approved by the City Council before the Plat can be sign::d by the City Engineer and the City Clerk. Sincerely, ~ /~ y, Ja k Ni@ma Ci y Cler Ci y of e ID. 83642 pc: City Engineer Loveless Engineering '1Pi1e Enclosure BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF KENT BARNEY FOR A VARIANCE The above entitled variance request having come on for consideration on November 4, 1985, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for November 4, 1985, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 9, 1985 hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-9-612, 11-2-416 E and 11-2-419 D of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. AMSROSE, FITZG ERALD d CROOI(STON Altornsye and Coonselon Msritllen, Itle~o &1M2 Talapnone BS6~e81 AM EROS E, FITZG ERALO d CROOKSTON Attorneys en0 CounselOro P.O. Boa 42T MerlOlen, IOehO 83848 Telephone BBBMBI 3. That the Ordinances of the City of Meridian, 11-9-606 B 13 require that streetlights shall be installed throughout all subdivisions and said cited ordinance sets forth the standards and specifications for said streetlights. 4. That the Applicant has requested that he not be required to install streetlights in Cherry Lane by the Lake No. 2 Subdivision and has thus requested a variance from Section 11-9-606 B 13. 5. The Cherry Lane By The Lake No. 2 is adjacent to Cherry Lane By The Lake and Cherry Lane Village; that those subdivisions were developed when streetlighting was not a requirement for subdivisions; that the Cherry Lane Village covenants and restrictions require that each lot have an outdoor yard light that is adjacent to the road in front of the house located on the lot. 6. That the Applicant bases his request for a variance on continuing uniform development throughout the Cherry Lane Village area which at one time was under the control of one developer and a single concept plan was approved. 7. That if the variance were granted and after development was completed the residents of Cherry Lane by the Lake No. 2 wanted streetlights the cost of installing them could not be placed on the Applicant; that it would be the cost of the residents or the City; that the City does not have funds to j install streetlights. C, • 8. That the yard lights proposed as a substitute for streetlights do provide lighting but not as bright as streetlights and maintenance of the yard lights is unenforceable by the City. 9. That the testimony at the public hearing was not unfavorable to the granting of the variance. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's AMBROSE, FITZGERAL~ 6 CROOKSTON Attomsya Ane Couneabrs P.O. Box s2] MedCien, IGAeo 83 W2 Telepftone BB&~~el property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 and 11-9-612 of the Zoning Ordinance. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That there are special circumstances and conditions affecting the property and the area such that the strict ',application of the provisions of the Zoning Ordinance would be AM SROSE, FIT2GERALO B GROOKSTON Altornsys en0 Gooneeloro P.O. Ba. t2y MerlElen, IGaNo &1&1 Talsplrone BBSJe87 impracticable and unreasonable. 6. That strict compliance with the requirement that Applicant install streetlights would result in a loss of uniformity to the area which would not be the result of actions by the Applicant. 7. That the granting of the variance will not be detrimental to the public's welfare or injurious to other property in the area where the Applicant's property is located, provided the requirements set forth hereinafter are met. 8. That the variance will not have the effect of altering the interest and purpose of the Zoning Ordinance and of the Meridian Comprehensive Plan and will likely further their goals. 9. That this Applicant shall submit Restrictive Covenants to the City which require that each lot owner install a yard light of uniform standards, design and specifications, and that the yard lights be controlled, i.e., off and on, by a photo electric cell so that it comes on and shuts off automatically and that each lot owner shall be required to immediately replace burned-out light bulbs and any defective equipment in or pertaining to the yard light which causes the yard light not to function and be on during night hours; 10. That the Restrictive Covenants shall also require that in the event the residents of Cherry Lane By the Lake No. 2 desire to have streetlights installed within the subdivision that the cost thereof shall be the responsibility of the lot owners AM BROSE, FITZGERALD d CROOKSTON Allomsye and Couneelon P.O. Bow X27 MerlElen, IOe~o B3B/Y TelepMns BBB~e61 and that each lot could be assessed for its proportional cost of installing streetlights if the majority of lot owners so elect. 11. That this variance shall apply to the land and shall not be transfered to another parcel of property or to another individual but shall not be effective until the Applicant's restrictive covenants have been approved by the City Council and have been recorded. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Geisler Councilman Myers Councilman Tolsma Councilman Brewer Voted~_~ Voted Cq Voted ~GY Voted Q~li• v Mayor Kingsford (Tie Breaker) Voted APPROVED: f A 11 ~P~) DISAPPROVED: MERIDIAN CITY COUNCIL • :,~~~ • NOVEMBER 4, 1985 PAGE # 2 Giesler, in the minuted it was not stated if the services were going to be extended to South boundary of property, I was absent from that meet- ing what was decided? City Engineer, Discussion was services would be extended to and through the property but the County would not allow any access on Locust Grove Road therefor any connections to services would have to be made on the East-West Street. This was the way the discussion ended. Tolsma, being~that they could not front any lots on Locust Grove Road and would have to bring any service to that piece of property from the East-West Street, he did not see any reason why they should have to run the service along the front cf that property: Brewer, Counselor is their home excluded from this request? Crookston, no, this includes the property where the home is located. The Motion was made by Brewer and seconded by Myers that the Meridian City Council hereby adopts and approves the Findings of Fact and Concl- usions on the Hosac request for Annexation & Zoning. Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea: Item #4: Resolution #103: Conditional Annexation & Zoning of Hosac Property: Mayor Kingsford, any questions or comments of the Council? There was no response. The Motion was made by Myers and seconded by Tolsma to approve Resol- ution #103 for the Conditional Annexation and Zoning of the Hosac property. Motion Carried: Roll Call Vote: Brewer, Yea: Tolsma, Yea: Myers, Yea: Giesler, Yea: Item #5: Request for Variance by Kent Barney from the Street Light -~j Ordinance at The Lake at Cherry Lane #2: Mayor Kingsford opened the Public Hearing, is there anyone present who wishes to testify in this matter? Brewer, I would like the Fire Chief, Mr. Bowers to state his feelings on this request. Bowers, in talking to the Police Chief, they were out in this area the other night and few of the residents had their yard lights on, my concern is trying to find the fire hydrants and the addresses in this area. If the residents do put up yard lights, who is going to maintain them, will they be maintaining them theirselves if they burn out? If the yard light is turned on from the inside of the house 90~ of the residents will not turn them on. ' MERIDIAN CITY COUNCIL • NOVE?~1BER 9, 1985 PAGE # 3 ~J Moe Alidjani, 2022 Turnberry Way, Mr. Alidjani was sworn by Attorney Crookston. Alidjani, I live in Cherry Lane Village and we have to take care of our own light and under the homeowners association every light is supposed to be on. They are supposed to be automatic with a timer to come on at dusk . Kingsford; this is something that should be in the covenants that the lights are automatic. Kieth Jacobs, Loveless Engineering, Mr. Loveless was sworn by Attorney Crookston. Loveless, the rest of this area does not have street lights and we want this subdivision to blend with what is already there. Mayor Kingsford, is there anyone else who wishes to comment on this request? There was no response, Public Hearing was closed. Brewer, just a few comments, lights as we are talking about in this subdivision are hard to maintain and we are not assured they will be turned on. It is very important that the Fire & Police be able to find addresses arri locate the fire hydrants during the night tim? hours and I think it should be more under a public utility controlled main- tenance program than leaving it up to the residents . Myers, if we are going to require By the Lake to have street lights, it will not blend with the other parts of this development Tolsma, we could require that the covenants state automatic control lights with no internal switches on them, so they could not be shut off. Myers, if we approve this I believe something should be put in the covenants that if in the future the residents want street lights that the homeowners would have to pay for them. Mayor Kingsford, I firmly agree with you on that. For everybody's information in the past we did not require street lights in subdiv- ions and when the residents requested them we had Idaho Power install and the City paid for them on a contract basis since the new Ordinance was adopted it is the developers responsibility to install lights, this is what Mr. Barney is asking for a variance from, this runs along with the same theme that the development out there has. It would be my recommendation, even though Chief I certainly agree with you, to have continuity out there and the Council did approve of a concept plan for that whole area , I believe it would be in the best interest to allow this variance. The Motion was made by Brewer and seconded by Giesler to instruct the City Attorney to prepare Findings of Fact and Conclusions of Law on this request with the recommendation that should in the future street lights be installed they would be at homeowners liability and that the yard lights be controlled by photo-electric cell. MERIDIAN CITY COUNCIL • • 'NOVEMBER 4, 1985 PAGE # 4 Motion Carried; All Yea: The Motion was made by Myers and seconded by Tolsma the the covenants of the subdivision be amended to reflect that if street lights are installed at later date it would be at homeowners expense and that the yard lights be controlled by photo-cell . Motion Carried: All Yea: Item #6: Request for Lot Split on Leisure by Cecil Cherry: Mayor Kingsford, any questions or comments of the Council? Tolsma, this area is on a septic system, would Central District Healh have to approve this for additional housing? Mayor Kingsford, Yes, in order to obtain building permit. The Motion was made by Tolsma and seconded by Brewer to approve the Lot Split request on Leisure Lane by Cecil Cherry subject to Central District Health recommendation before any buildings are erected and that this split be recorded with the Ada County Recorder's Office. Motion Carried: All Yea: Item # 7: Pre-Termination Hearing Water/Sewer/Trash Delinquencies: Mayor Kingsford, you have been informed in writing, if you choose to, you have a right to a pre-termination hearing, before the Mayor and Council, to appear in person to be judged on facts and defend the claim made by the City that your water/sewer/trash bill is deliquent, You may retain counsel. Is there anyone present who wishes to have a hearing? There was no response. Duex~heir failure to pay their water bill or present any valid reason why the bill has not been paid, their water shall be turned off on November 13, 1985. In order to have their water turned back on, there will be an additional $10.00 fee. They are here- by 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 will be turned off. The Motion was made by Tolsma and seconded by Brewer to approve the turn-off list. Motion Carried: All Yea: Mayor Kingsford, the total amount of the overdue is $5,421.70. Item #8: Approve the Bills: The Motion was made by Brewer and seconded by Giesler to approve the Bills: Motion Carried: All Yea: VARIAFIC~S~REQUEST FROM STREET LIGHT ORDINANCE THE LAKE AT CHERRY LANE # 2: C O M M E N T S 1: Police: Would prefer street lights for crime deterent purposes and pedestrian saftey: 2. Fire: We need street lights to find address and fire hydrant: Are yard lights hooked up to house? Are yard lights maintained by home owners? 3. Engineer: See Comments Attached. s~~.~o~i i i i i i~~ ~~ ~ i ~ ~ r C - '~ rS r, r. ~~ 6 0. r ~ 3 ~+ z (~ b b 3 S (~ b1 a .~ ~ 5- B o a m a a m m .- w f.' E K M frtD 7? b K w a N. N: K r 5 m s K ~ w p a a~ coc °r °~ o fyy •G N m C G 7~ O~~ 7 7 5 7 r n + w< ro n 7 £ h d 7 rt O P. 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P N " o"R- ~ ~ ~ y ~ ~ •~ ~ \~ ~ ~ u `~I r G N ,'7 C~] H ~ ~, ~. 7 rr H '< ~ ,~ ~ ~r 7 R ~ y ~ q t•1 ~ N .~ 7 ~ ~ a C k 7 R H N Hy r 0 H cn x H C) 7 z H z c~ N z H Z c~ 3 ~ ry N k m r- a 3 wm w k -° a r- v~ W VI w rt O~ ~ N LESS G LTV EER~~ 0~5 ~' INGIK nd Land gurney October 4, 1985 Meridian City Council City of Meridian 728 Meridian Street Meridian, ID 33642 RE: The Lake at Cherry Lane No. 2 Dear Council Members; As representative for Kent G. Barney, developer of The Lake at Cherry Lane No. 2 subdivision, I respectfully request a variance for the exclusion of street lights, and that yard lights be provided for each building lot instead. Inspection of adjacent development shows that this has been accepted in the past. Thank you for your time and consideration regarding this matter. Sincerely, ~tX-~ ~. Daniel A. Torfln Engineering Technician DAT/ndp cc: Kent Barney file 3330 Grace Street •oise, Idaho 83703 (208) 342-7298 • 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 the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on November 4, 1985 for the purpose of reviewing and considering the Application of Kent Barney for a Variance from the Meridian Subdivision Ordinances Section 11-9-601, et. seq. which requires that street lights be installed throughout all subdivisions. The subdivision for which the Variance is requested is the Lake at cherry Lane No. 2, Phase I, a more particular description of which is on file in the City Clerk's office at the above address. DATED this 15th day of October, 1985. ~'r Jac Nieman City Clerk AMRROSE, FfTZGERAID /CROOKSTON AKOmeya Ano GOUn\NOn P.0.8oa ~T7 IMOOIAn, IANO NM2 • . T~NgKOM M6aMt n c o 0 H I ~ ~ 1~ ~ I I I I I I I I ~ I I I I ( I I 3 " Crl I I I I L ~ G ,- n n a r. r. ro= a n r 6 n '•+ 3 r-i Z O b ?~ 3 3 O O b ~+1 ~ [tl trl ~ 07 7d L7 £ S H 4 4 W w •c c~ o o a w m a a m m ~ w o w o n o ~• m o n w o o r- ~ o K w ~* G w 3 C w w n n n• n r n tr' G CY r n 7 w r N B 9 3 V t•- r- K `< F•- N n N rt w 7 rt ,U+ r~ r~^~ '. `~ ~~t r7r o a H ro O a a n 3 m c~ r n Y n cn c, cn n 5 >• K 3 w ~ w r O r~ r• 9 ~. 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J U ^7 4 4 7 n J N ^ 7 y •~ :• ~~ ~ . ~ I U Z ~pVEI'ESS~NG E~GI Ciuil E y'neelss nd ~ynd Suru ~J° • October 4, 1985 Meridian City Council City of Meridian 723 Meridian Street Meridian, ID 33642 RE: The Lake at Cherry Lane No. 2 Dear Council Members; As representative for Kent G. Barney, developer of The Lake at Cherry Lane No. 2 subdivision, I respectfully request a variance for the exclusion of street lights, and that yard lights be provided for each building lot instead. Inspection of adjacent development shows that this has been accepted in the past. Thank you for your time and consideration regarding this matter. Sincerely, fl ~. Daniel A. Toz Engineering Technician DAT/ndp cc: Kent Barney file 3330 Grace Street • Boise,ldaho 83703 • (208)342-7298 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 the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on November 4, .1985 for the purpose of reviewing and considering the Application of Kent Barney for a Variance from the Meridian Subdivision Ordinances Section 11-9-601, et. seq. which requires that street lights be installed throughout all subdivisions. The subdivision for which the Variance is requested is the Lake at cherry Lane No. 2, Phase I, a more particular description of which is on file in the City Clerk's office at the above address. DATED this 15th day of October, 1985. ar%J ty RMBROSE, FIRGERALO d CROOKSTON Attomaye entl Counselds P.O. Bus ~l MNIEIM, MNq 83M3 TNaPlwne 8BBM61 i@s; .. N O . N W N _ • •~ a ro a v w m s i m a w ~ x F U H b C7 ~+ F a~ N N ~.~ H W a' N 7 H ~ '~ . ' .7 z ~ a ' rz W ~ ~~ w x o a z c v ~' F H ~ ° -~ N U . i .a H ~ w ro x ro ~ o z x ~ F ~+ .~ H o a $ ~ z ~ ~ ~ o ai •• H W ~ 4" U .. N z ~ v ~nz~ ~ $ $ z z ~' ~~H a " v z a' H O H H N M N (.~ Z P4 a. O' H Y, d O ~ O ro W Q a c v y ~' a f A ~ s + a w W D v v a ~.+ z w ~.~ f.Z cn a W ~ ££ Z ~ a F U A U H ~ u z '' ~ c ~ `~ w a zaF 3 ~~ o U a H U `~ H U ~' O ~ ~ H Ifl O W ~ V A ~ i' O to ~ ro . ~ H T o rn w a .- + ,~ H F ~ c ro ,~~ ,~ m uo H A ro O b a N a m , N P. N C7W p, .. H U ro H Z .~ N °i G fY. ~ a •. + N a ~ w o wo ,t u a •.a b .+w c ~ Q • F xz ~ v v a w U v - . ~ A C ~ a y y. ~~ ~ 6 `a U ai O .C W - b v E o a a ~ u v Q m -. + + N U u x V O v . i .. i >. 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H 4 H N T / -'I ~ •H fy ro roc . ro? ~ / s • + o ro ro ~+ a v ~ v v v o c o ~~+ ~~+ o o ro r~ o v •~ o + o ~ a a u z~£ H m h '7 F £ 3 u a m m m m m w a u W u £ £ H ro N N ,, v y .G N 9 c 0 i+ a ro 4 N A H U .-1 O 3 N C c o o -.~ -.a a L N ro -.•I ro c U a 000 a~ m u c~ A H C O 'O N H C 3 ro ~ C N N ro C Q• i+ ro c c rn ~~+ v c s. c ~~ a o G O N ro s a > u p ro y L C 4 T .C 1~ U .~ N ++ 3 C V1 ro T s A ~. ro c .~ a .. ro v E a .+ ;~ m T? 4 4 ~ 7 J 7 ~ ~ 7 ~ -. ~ '~ ~ C F ? ~+ x O O O .. z F U U S I~ LpVEL~~~G E`~^Tx nd Land Suru¢yors October 4, 1985 Meridian City Council City of Meridian 72~ Meridian Street Meridian, ID 33642 RE: The Lake at Cherry Lane No. 2 Dear Council Members; As representative for Kent G. Barney, developer of The Lake at Cherry Lane No. 2 subdivision, I respectfully request a variance for the exclusion of street lights, and that yard lights be provided for each building lot instead. Inspection of adjacent development shows that this has been accepted in the past. Thank you for your time and consideration regarding this matter. Sincerely, ~- Daniel A. Tox Engineering Technician DAT/nap cc: Kent Barney file 3330 Grace Street • Boise, Idaho 83703 • (208) 342-7298 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 the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m, on November 4, 1985 for the purpose of reviewing and considering the Application of Rent Barney for a Variance from the Meridian Subdivision Ordinances Section 11-9-601, et. seq. which requires that street lights be installed throughout all subdivisions. The subdivision for which the Variance is requested is the Lake at cherry Lane No. 2, Phase I, a more particular description of which is on file in the City Clerk's office at the above address. DATED this 15th day of October, 1985. ~- Jac t Nyman , City C AMBROSE, F1T2GERALD O CROONSTON Attomay •nE Coonwlon V.U. BOF I27 M.nai.n.IE•iw ese•s i•t•Vtwna mBNat CUSTOMER ~c~rir aF n~~~~ta~~-= - ~ "HUB OF7REASURE;YALLEY" .,~:. CITY CLERK'S OFFICE " M8 MERIDIAN $T. MERIDIAN, IDAHO EMi42 (~ (~. DATE iR ~•~ ~ 18"+ RECEIVED ~" ~• 1C CASH ^ M. O. ^ CWECK ~ -. ~ Vf ACCOUNT NO. ~ ~ ~ ~ WATER W TAX OR SEWER ai $ MISC. OR TRASH MAUL T rarer. D ~' z No~101310 ~ UarCO gu.imeevam. . cb.clnt•. omo. August 14, 1985 ~" City Council City of Meridian 728 Meridian Street Meridian, ID 83642 RE: Variance request for lot line adjustment for Lots 8, 9 and 10, Block 1, The Lake at Cherry Lane. Dear Council Members, This variance request is based upon the following existing conditions: Condition 1: An Idaho Power transformer is encroaching upon the exist-r ing platted lot line for Lot 8, Block 1. This condition would prohibit service of the transformer if and when a fence is constructed along said lot line. The adjusted lot line .. would enable Idaho Power Company to service the transformer without interference. Condition 2: The proposed adjustment of the lot line common to Lots 8, 9 and 10, Block 1, more closely represents the edge of the existing golf course fairway. As owner/developer, I grant a lien to the City of Meridian to secure payment of all costs incurred for processing this variance application, inclusive of new~~paper advertising costs and City Engineer and City Attorney revi,~w ~e Thank you for your time and consid~SY'stion on this matter. ReBpee;tfully, Kent G. Barney Owner/Developer DAT/ndp cc:file •~. ,, ETTY OF MERIDIAN • 728 Meridian St. Meridian, ID 83642 VAPIANCE APPLICATION (RE: Meridian Zoning Ordinance NAME: er or on $88-Zo3o ADDRESS: ~~75 ~ T~ (`/~I~~ Kb N(~$~blA~ l~ ~'Z GENERAL LOCATION: ~~--~~~`-~'~~~~--E--( ~ ~ M . ~~~ ~~fY LEGAL DESCRIPTION OF PROPERTY:( h 8 , ~ ~ ~~-T ~~/ y~~ LdKG_. ~t.T._<<1c RR~ ~auE PROOF Of OIJtJERSHIP OR VALID_OP710N: agreement must be attached. PRESEWT ZONC CLASSIFICATIORL Yl - A copy of your property deed or option 1'ICINITY S~:ETCH: A vicinity map at a scale approved by the P'{ayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY O~:NERS: A list of all property owners and addresses within contiguous to, directly across the street from, and within a 300' radius of the parcel (s) proposed for a Variance must be attached. (This information is available from the County Assessor.) DESCRIPTION DF PROPOSED VARIANCE: L U ~ U SIGNATURE: Date Rece Received Y COUNCIL RECORDS City Council Hearino_Date ,.: ,' • REQUIREMENTS: VARIAN6E • Attach a site plan showing all details of the proposed development, Complete the following questions and return with the application. 1. What is intended to be done on or with the property? p,,,, 'S ~~- lO ~ ~~- R on.t./ ~1~yv~~ ~" " ~t2d~t.~.a^~i'~R C.~n~Oxw.~t-~/+'~ ~ ~ ~ ld d,la.c.o~''~tA- ~t.G ~LA.tJU-~Q.~.c. ,~.p.~ Gb~.utdt . 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands. structures, or buildings in the same district? 0 A~~~~- i O /_.11,_ ~ ~~„pi~~~zoyj. 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? "Yb. ~ iwwCot,i~.~ 'vr~ -~:o~~l, ~i^`aM,t,C, .~'~ ~~ ~L ~~~ O 4. 4!t.at special conditions or circumstances exist that were not a result of your actions? Yt_ 5. Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, structures, or building in the same district? -s~ v~u-.r~rY ertpp 'f1{E t,AKE aTc+~~~`( t1tNFi. va~a~, rtEa~t~ ~ -' ~o'(Uat~ A-u1UhtM.u'~ ~ ° ~ P"l t~£ ~ ' : 6 ~ ~( tt 3 2 ~- ~ _{I \ 1 „_ v3 I iU 2q/ 3. ~T i 22 ~ 2 ~Pe 3 f ~9~ 0 21 ~a - ~ HE `JtfiNE , --- ---__ IB ~ ~ i7 ~ 20 6 \ 5 ~ ,I 'Iq'15~16`17 ~ g -. 7 ID Y' DR 16 8 9 STANN'ICH J \ •. '~'' 12 ~ 23 ~ 15 w 57w000~h± 9 10 7 t3 4 \ \ ~ 2 \ 13 2 ~ 12 ~ G~. ~ a"r 14 JS 2i ~ 3 C \~ ~~'+ S5 59 62 6 ~~q \r 60 61 63 ~ 5 ' I q +a 6 5 10 54 O 65 q I 3 - ~_: ~. B ?'~ ~ r 66 3 _ _ _._ 7\~8 .,~aNB~-~ 5' ~.. y~~ x,53 JVC- 67 2 _~ ~~ .~ <y ~' ~ ~ ., ~,r.~ ~ ` _ ~ ~ ~ - e _ ~ ~ 6_ 6` r ~~ ~ ~ ~ ;' +f i THE LAKE AT CHERRY LANE Variance Request for Lots 8, 9 and 10, Block 1 (Addresses of property owners within 300 feet) Benj/Fran Franklin Building 9370 SW Greenburg Road Portland, OR 97223 Richard Cron 1111 N. Adams Street Nampa, ID 83651 Kevin Milner P.O. Box 302 Glenwood Springs, CO C. A. Davenport 2145 Woodmont Meridian, ID 83642 Lester Smith 3855 Sea Island Court Meridian, ID 83642 Ken Hyde 7504 Maxwell Drive Boise, ID 83704 City of Meridian 728 Meridian Street Meridian, ID 83642 George Scovell 820 Meridian Street 81602 Meridian, ID 83642 Grant Walker 3810 Sea Island Court Meridian, ID 83642 Jonathan Brougher 3845 Sea Island Court Meridian, ID 83642 CITY COUNCIL OCTOBER 7, 1985 PAGE # 3 r would have to go alon{l with the Findings we have received, that it be denied, but there again I would say I have no problem with your project as it stands and if you. want to start over or whatever, I have no problem but feel it should be handled under a rezone. Mayor Kingsford, Mr. Giesler for your information a rezone does not require the petition signatures, it only require the mailings. It was my recommendation when you started Mrs. Brewer that you go for a re- zone, I do not have any problem with that, I personally think the Conditional Use is the wrong way to approach this. It would be my recommendation to the Council if you decide to go along with these findings and deny the application that you consider waiving the fees and so forth on a rezone. The Motion was made by Tolsma and seconded by Giesler that the Meridian City Council hereby adopts and approves the Findings of Fact and Conclus- ions on the Brewer application for Conditional Use Permit with Variance. Roll Call Vote: Brewer, Abstain: Tolsma, Yea: .Myers, Yea: Giesler, Yea: Motion Carried: The Motion was made by Tolsma and seconded by Myers that the Meridian City Council hereby decides that the Applicant's request for Conditional Use Permit and Variance be denied based upon the Findings of Fact and Conclusions. Motion Carried: All Yea=with Brewer abstaining: --.._ . _,__"ztem #3: Variance Request for Kent Barney, Lot Line Ad~ustmen tdr. Kieth Jacobs, Loveless Engineering was present to represent Mr. Barney's request. Mr. Jacobs explained the purpose of this request, request is two fold one to adjust the lot line away from the transformer for the pump on the west side of lot #8 and also the lot lines that front on the fairway of the golf course to have them abutt the planted area. Mayor Kingsford, opened the Public Hearing, there was no testimony, the public hearing was closed. Any questions of the Council? There was some discussion on this. It was explained this was necessary to correct the original plat which was in error. The Motion was made by Brewer and seconded by Tolsma to approve the Findings of Fact and Conclusions on the Variance request by Kent Barney. Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Motion Carried: The Motion was made by Myers and seconded by Tolsma to approve the Variance request by Kent Barney for a Lot Line Adjustment at The Lake at Cherry Lane # 1 Subdivision: Kotion Carried: All Yea: OFFICIALS JACK NIEMAN N, C11y Clsrk A. M. KIEBERT, Treasurer BRUCE O. STUART, Water Worke Supl. WAYNE O. CRDDK$TDN, JR., Altornay EARL WARD, Weele Weler BYDL KENNY BOWERS, Fire C111e1 ROY PORTER, Pollee Cnlei OARV SMITN, CItY Engineer October 9, 1985 HUB OF TREASURE VALLF.S' A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 63848 Phone 8884933 GRANT P. KINGSPORD Meyor Mr. Kent Barney 2375 North Ten Mile Road Meridian, Idaho 83642 Dear Kent, COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER CAalrman Zoning d Planning At the regular Meridian City Council meeting held October 7, 1985 your request for a Variance for a Lot Line Adjust- ment for Lots 8,9 & 10, The Lake at Cherry Lane was approved and the Council authorized the signing of the revised plat to reflect these changes. ~_ Sincerely, pc: City Engineer File BEFORE THE CITY CODNCIL OF THE CITY OF MERIDIAN APPLICATION BY KENY BARNEY BY THE LAKE AT CHERRY LANE NO. 2 ,wosr. ..F RgLU N NSTON ..,..,,a "e~bn u.~. @/ . ~~JA~nu uw~ .!W .NI FOR A VARIANCE .The above entitled variance request having come on for consideration on October 7, 1985, at approximately 7:30 o'clock p.m, on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the. variance was published for two consecutive weeks prior to the scheduled hearing for October 7, 1985, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 7, .1985 hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-9-612, 11-2-416 E and 11-2-419 D of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. ~BROBE. tuERRED i00RBTON ~n~y. "q un,aIX~ 1«~. 1]/ .n JaNa a.M.: ~•. tlIN11M1 3. That the Ordinances of the City of Meridian require that a plat be submitted and approved by both the Planning and Zoning Commission and the City Council where land is being subdivided; that subdivision is defined as "the result of an act of dividing an original lot, tract, or parcel of land into two or more parts." 4. That Applicant proposes to change the boundaries and lot lines of lots 8, 9 & 10 of the Lake at Cherry Lane; that by changing the lot lines, technically there is a subdivision of lots requiring a plat or an amended plat be filed. 5. That lots 8 and 10 are owned or under the control of the Applicant; that Lot 9 is owned by the City of Meridian as part of the Cherry Lane Golf Course. 6. That there exists an Idaho Power transformer on the lot i~ line of Lot 8 which if Lot 8 is fenced along the boundary line would prevent serving of the transformer. 7. That the Variance request is being processed under Section 11-9-612; that in regard to the above section the City Council finds that the variance requested does not involve a I health or safety requirement; that the variance would not violate I provisions of the Idaho Code; that the granting of the variance would not have the effect nullifying the interest and purpose of ~ this Ordiance or the Comprehensive Plan. 8. That the testimony at the public hearing was not unfavorable to the granting of the variance. CONCLUSIONS nnaose. GE NALO i00N5TON nMY~ AM •unNlor• tln. q/ nn. IOYIo r IM) . Atltl M01 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 2-9-612 of the Zoning Ordinance. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That there are special circumstances and conditions affecting the property such that the strict application of the provisions of the Zoning Ordinance would be impracticable and unreasonable. 6. That the granting of the variance will not be detrimental to the public's welfare or injurious to other property in the area where the Applicant's property is located; that this is evidenced by the fact the variance is only to adjust lot lines in a previously platted subdivision and does not pertain to a health or safety regulation. 7. That the variance will not have the effect of altering the interest and purpose of the Zoning Ordinance and of the Meridian Comprehensive Plan. 8. That this variance shall be personal to the Applicant and shall not be transferred to another parcel of property or to another individual but shall run with the land. 9. That the Applicant shall record a Certificate of Property Line Agreement so that notice of the lot line adjustment shall be provided to all persons dealing with lots S, 9, and 10 of the Lake at Cherry Lane. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Geisler Voted Councilman Myers Voted Councilman Tolsma Voted Councilman Brewer Voted Mayor Kingsford (Tie Breaker> Voted eHOSE, LEP~ID )OKS70N nq. MIE n Nlp, uo. QI ~~ IMI~o w: w NM ~M1 APPROVED: DISAPPROVED: KENT BARNEY LOT LINE ADJUSTMENT VARIANCE THE LAKE AT CHERRY LANE #1 COMMENTS City Engineer: See Attached: .T x i w: a U O V ~^ F 1-i V, z _ ~~ £ 3 C O U Y O 4 4 O: ro V 3 m ~' r F a~ F. z w F U) 5 h w Z H a F O a v :J Y U O m M T Y w H W a a r a a W x U Q w x a W x F 4 C ~ I r T v _ ~' ~~ 0 3 t .~ ~ :-~ _ ~ ~~ 3 " m n -~ -~ a ~~ ~3 ~a 9 y Y ^ A f IG-1 r / Z '6s1 1 '-'f ~ '~~ 0 o w W oe ~ ~ d ~ U / ~~_. ~ ~~~~os ~~ O ~ O d ~~ N m •.i D ~ ~ C 4' / v m z ~ S c 4 m G ~ ~ p j ~ 3 4 m G .~ -4- 5 E ~ ~ ~ e+ ,.g G c: E ~ T rr~` sj~ T ^+ O' ~ ~ ~ ~ ~' ~ N Tf ~ . S ~~{{ ~ N °~0.~ N ~ ~n Q H ~C ~ T H _ 3 ._ U ~- ct z ~. .- ~~ ~. C~ m -~ ,-- . or ~ U c ,-. R, L-~ ..' -- c W F m r ~ W H G :17 ~ ~ m Ul V -" .. W ~ 9 N G. Z ^ U ..+ .--~ G C ~ m s-~ A -.. F ~ / = H w cn F G m -.. m a / E / -.i G. c i.e ~ ., u v .a w d -.~ O c E H O o" a p o ~ -u E -. . m -. . ~ -- < ~ y m U ..~ v -.~ w .~ G v -. i A U~ ~+ 0. N ,,-, ~ c ~ w 3 m ~v ~ -. i / v .-i O L m U C7 ~ c O ti G A U i. y - .~ C H ~ ~ M 4 ~ C U O C m 'O M L A r 1.. 3 N :n m . O a C C _ r E T d m / -.~ d -'~ / ^ C C G d O G 7 ~+ E 0. ~-~ N Y C C Y m /a O N / ~0 A 7 . E., _ . i ti 0 y, (!1 T C7 N E U 4 r 1 4 4 N ~0 C E^ G/ .] E E e 9 ~0 C 1+ ~. idOTICE OF HEARIt]C NOTICE IS HEREBY 6ZVEN that the City Council of the City of Meridian will hold a public hearing at 7:30 o'clock p.m. on October 7, 1985, at the Meridian City Hall, 728 P•ieridian Street, Meridian, Idaho, for the purpose of considering the Variance Application of Kent Barney; the Variance is from the Subdivision Ordinance which requires platting of land anytime a parcel of property is sub- divided. The request for the variance is for Applicant to be allowed not to follow the platting process for the reason that lot lines are being adjusted for Lots 8, 9 and 10, Block 1, the Lake at Cherry Lane and no new lots are being created. Any and all interested persons may testify. Amore detailed description of the parcels of land involved is on file with the City Clerks office and is avai for inspection: , DATED this~~ ~~da ,1985. ty eRROSE. JGFRALU ~OONSTON ~MY~ NC ~~1NIp~ Ro. ~]I ~IMo AYMI .r„ W WI -s- _--- v~u~~'fY Map 'fL{E LAKE ATct+~~+`( t.4NFi. VARIM~K.E RE ~~~ Lof U-.1~. aroJUhtM~'r 5 `pwr ~~ ` ~ ~ z 6 ~ 3 2 ~ ~~ pE (4H0~ \\ ` h a ~E .u 24, 3 , Ors ~ zz ~ z gee 3 .1 2 i S J~~O 4 16 HE ~ ~L~4NE ~' S i7 ~ 20 / 6 \` ,I ~ W IS 1- \,E - - ~~ 10 ~__-- 7 8 STANWIOH OA \ rt- ~ i6 15 14 woo 9 i0 I I I i n 23 \\ \ 13 57 o~hr S t3 ~r 2 \ \ /- ci 7 S 2 ~~ 12 G~ ~ Oq 14 "J' 2~ 62 6 i i ~ 3 C. ~ E.hr.. 55 55 63 ., \f 60 61 64 5 ~ q , ya F ~ - ~ 10 54 SQ 65 4 I g y ' ~ ~~ 7 9 .N? ~ r`. 66 3 - - - - - - \ S V B . ~ - -- -. ~ ` ~ ~ ~~ ~V ~ .•. ti4 ~ 1 '~ -a~---'l 1 ' 6° E` ~ :, ~~~ ! r . ~~ 4 > _ . ;. is / 4t = 7~ j: Y ~ __I~ ~ ~~ ~' i ~ ; ~1 _ _ _ _~ z ~' ~, 4t~ ~ ~ j J ~,'~~/ ~ ~~~~R~ ~O ~ ; --~ ~-"~ .. ~~ ~ PC,E , `~ - i~ - ,r.. 2NOTICE OF HEARItIC NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a public hearing at 7:30 o'clock p.m, on October 7, 1985, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, for the purpose of considering the Variance Application of Kent Barney; the Variance is from the Subdivision Ordinance which requires platting of land anytime a parcel of property is sub- divided. The request for the variance is for Applicant to be allowed not to follow the platting process for the: reason that lot lines are being adjusted for Lots 8, 9 and 10, Block 1, the Lake at Cherry Lane and no new lots are being created. Any and all interested persons may testify, Amore detailed description of the parcels of land involved is on file with the City Clerks office and is available for inspection. DATED this~~~ da _ ~ ,1985. -``Jac c ' an ty C erk gMBROSE, P1T2GERgLO B CROONSTON gno,~.y..Pa Cwnlalaro P.O. Boz 171 Mer10NR, IOYq 33017 TalaplloM 00&IM7 HCB OF TREASURE VALLEI' A Good Place to Live OFFICIALS JACKNIEM"NN.°uy°'°" CITY OF MERIDIAN A. M. KIEBERT. Truaure~ BRUCE D. $TGART, Water Worka Supt. WAYNE G.CROOKSTON,JR.. Attorney 728 Meridian SSreet EARL WARO, Waete Water Supt. KENNY eowERS, F1.e CMe+ MERIDIAN, IDAHO ROY PORTER, Pole Chlel &7B~2 GARY SMITM.. City Enplneer Pfione SBB~1{~3 GRANT P. KlNGSFORD Maym September 3, 1985 Mr. John M. Clark, L.S. Loveless Engineering 3330 Grace Street Boise, Idaho 83703 COUNCILMEN BILL BREWER RONALD R. TOLSMA d E. BERT MVERS ROBERT GIESLER 80B SPENCER Chairman Zoning d Planning Dear Mr. Clark: Re: The Lake @ Cherry Lane "Lot Line Adjustment" Attached is a print of the subject project with a couple of comments in red pen. I am also enclosing a copy of my comments for the Council. Please return my check print with your new submittal, It is my under- standing this project will be heard by the City Council at their meeting on October 7, 1985. If you have any questions concerning these comments please call. Si cerely, ~~ Gary Smith, P.E. City Engineer c.c. City Cleri: Enclosure '3 3 n C C~ I I I I ~ ( ~ ~ ~l ~ ~~ I I I I I I I •~`..: ~\' I I I ( I I _ ~~ .- - c a^ ~ 3 .- z t) a a 3 3 ~ m c., ro~ a¢ cz c to m~ S 3 ~ c: ti m n K -- - c a p r, a a c r. r a c c r o k c r R o k w c o r r c ~"i 'G w 1"' C w 8~ 0.' w k Y r k k ~ k CT G Q r k 5 w r (G ^~ B 9 C s H£ r rt _"^ rt r K H K r 2 O r rt w 7 rt rt FC rt rt ~. rt G W k ro r: a a n 3 N L) r rt a n U V n K - n i w~ O r~ r• a E m O d r~ r- ¢ 3 a 3 r O ~' o R n S rt C O r~ b 3 N w C 0.' w rt w 9 N rt ~ N k (D 7. O r~ r-• f9 .~ (C ~. ~ 7 O (L 7 ~ .- ~ ~+ '. k r~ b r• rt N fD K ~-3 rt' k wR' rt k N (: rr ~ G ro k £ k d rt G, a rt rt n C r E ti O k C 2 r rt Q O r r. r~ K •v V k? 7' w O O k r ~ O w rt O 2 w (] w (C k a N 5 O n 7 ~ ~ ~'{ k k N N N £ ."- k 5 k C] < D r~ H r~ rt u^ T N 7 O rt W O r H O 7 ~ r+ C7 w K r~ rt O K to h C G r~ 3 O 7 r~ a ~' O 5 Q, k 2 C --. n N 7 O r W ~ 7 w b H rt N £ ~'*~ ~''' w rt N k k 0 w M O 7 w N (C ro k "' O K r r' O x U,w r k w R r~ O N fD [rJ E d 7 ro~ N w H rt ~~ O k k ~ k N a (D r' rt 1* r. Nr r. ~ tr' 7 h r ¢~ ° O~ ~' O hi k rt H K 7 0 ~ 'i7 N 7~~ A h0-' Z ~G ~ r~ O 'O rt r~ C7 e, ] •*J r~ r* B ~y ~ ~ ~ w r N asy b~ 7 r- ~ w K H ¢~ Ci] a ~ ro r r z ~ r a w r n N rt r w '~ rt r~ l] Cn a u n r C T 'ti ~ L=] r k ~,. G `• ~' w O try! N ~ K ~ O ~ '.d rt C ~' ,~, ~ r rn ,~ .. . n r r-. ~o .~ ~; ~ 3 ~n ~ K ~ ¢ y n~ z o co ~ n ? z7` r ~ en ~.b m ~ ~ z M `~ y ~Z v m n ~ rkr ~ w ~p C p r~ N N K aj b ~, y [* o n rOS H m~ 4 p Z H O a k (] r [~fl N < z rt ~ ~ r°, ~ a .. ~ z ° ° %~ K b] n H 7y ° z o x ~ ~. H m ~ 'C a H ~ C'7 O~ z n w `G H w x O :" N. p~ LTJ [A ~ Lam] H a d 0 r~ m yr ~ £ ~ t' r, ~ w ~ H H $ ~ z ~ ~ ~ ~ ro ~- c 5 rt a+ ~ d 7 rt H ~ ca O r ~ H ~ m o (f1 ~, r y 5 m r z ~ N f~GD ~. CIJ j rt H H 1 y 3 H yH t' d H C C U> H N H 3 r•. x 0 ., ~n H H FC CJ O z H t~ 3 ~ (D N k W ary 5 ~ • a r a o] ~~ w rt O~ A N THE LAKE AT CHERRY LANE Variance Request for Lots 8, 9 and 10, Block 1 (Addresses of property owners within 300 feet) ~, ., Benj/Fran Franklin Building 9370 SW Greenburg Road Portland, OR 97223 Richard Cron 1111 N. Adams Street Nampa, ID 83651 i" Kevin Milner P.O. Box 302 I Glenwood Springs, CO 81602 .% Ken Hyde - /~ 7504 Maxwell Drive V Boise, ID 83704 City of Meridian ,// 728 Meridian Street " Meridian, ID 83642 George Scovell 820 Meridian Street! Meridian. ID 83692 C. A. Davenport 2145 Woodmont ~/ Meridian, ID 63642 r Lester Smith 3855 Sea Island Cour~ Meridian, ID 83642 Grant Walker 3810 Sea Island Court Meridian, ID 83642 Jonathan Brougher ~' 3845 Sea Island Court Meridian, ID 83642 ,~ , CONUITIONS ANU kESTkICTIONS AFFECTING THE LAKE AT CHEkkY LANE SUBDIVISION WHEREAS, KENT G. BARNEY and MAkY k. BAkNEY, husband and wife hereinafter referred to as 'Ueclarant', is the owner of certain real property situated in the City of Meridian, State of Idaho, known as the Lake at Cherry Lane, and WHEREAS, The Lak..e at Cherry Lane Subdivision is a duly recorded plat; and WHEREAS, the Ueclarant desires to declare of public record certaan protective conenants, conditions and restrictions upon the ownership of real property: NOW, THEkEEOkE, in consideration of the foregoing, the Ueclarant does hereby declare that the following protective covenants, conditions and restrictions: 1. Shall become and are hereby ^ade a part of all DECLAkATION OF YkUTECT'1VE COVENANTS, conveyances of Block 1, Lots 1 through 11 inclusive; within the plat of The Lake at Cherry Lane Subdivision, recorded on the day of 1984, an Book.. of Ylats at f'agets) of the kecords of Ada County kecorder, Ada County, State of Idaho; and, 2. Shall by reference t~ecowe a part of any such conveyances of whatever kirni and shall apply thereto as fully and with the same effect as if set forth in full therein. ARTICLE 1 DEFINII'lONS 1.01 'Ueclarant' ehall mean gent G. Barney and Mary k. Harney, husband and Wlf e, their SuCCe550C5 and a5519n5. 1.02 'Uwner' shall wean the owner oY record, whether one or ^ore persons or entities, of a fee simple title to any lot, or rultiple family dwelling unit, which is a part of The Lake at Cherry Lane Subdivision, including contract sellers. 1.03 'The Lake at Cherry Lane' shall wean all real property -1- ~/ ~J now and hereafter contained in the plats of The Lake at Cherry Lane Subdivision. 1.04 'Lot' shall Wean plats of land designated for residential use within The Lake at Cherry Lane Subdivision and identified on the plats thereof by Arabic nunerals. 1.05 'Golf Course' shall Wean all real property now and hereafter contained in the Cherry Lane Village golf course. 1.UG 'These covenants' shall mean the Protective Covenants, Conditions, and kestrictions as set forth in this Declaration with respect to The Lake at Cherry Lane, together with the Architectural Control Committee rules as set forth in Article IV hereof, as the same may be amended and supplemented from time to time in accordance with the provisions of this Declaration. AkTICLE lI PkUYEkTY SUDJECT 1'0 THESE COVENANTS x.01 Initial development. Declarant hereby declares that all of the real property described above is held and shall be held, conveyed, hypothecated, encumt~ered, used, occupied and improved sub,7ect to these covenants. The above property toghether with other real property from tine to time annexed thereto and made sub,7ect to these covenants shall constitute The Lake at Cherry Lane.. l.U~ Anne•r.ation of subsequent phases of The Lake at Cherry ---------- -- ---------- ------ -- --- ---- -- ------ Lane. Declarant nay from time to time annex to The Lake at Cherry Lane any adJacent real property now or hereafter acquired by it. The annexation of such additional phases of The Lake at Cherry Lane shall be accomplished as follows: A. The Declarant shall record a declaration which shall be executed by Declarant, and shall, among other things, describe the real property t.o be anne>:ed, establish any additional or different limitations, restrictions, covenants and/or comiitions which are intended to be applicable to such property, and declare that such property is held and shall be held, conveyed, hypothecated, -2- • encumbered, used, occupied and improved subject to these covenants. B. The property included by any such annexation shall thereby Gecome a part of these covenants. C. Notwithstanding any provision apparently to the contrary, a declaration with respect to any annexed area may: 1. Establish new land classifications and such limitations, restrictions, covenants and conditions with respect thereto as Ueclarant may deem to be appropriate for the development of the annexed property; and 'L. With respect to er.istin9 land classifications, establish such additional or different limitations, restrictions, covenants and conditions with respect thereto as Ueclarant may deem to be appropriate for the development of such annexed property. AkTICLE III kESTUENT.IAL CUVENANI'S 3,01 Land use and t~uilding type. No lot shall t.e used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed tuo and one-half (2-1/2) stories in height, and a private garage for not less than two cars. The foregoing. provisions shall not exclude construction of a private greenhouse, stc „ ge unit, private swimming pool or a shelter or port for the protection of such swimming pool, or or the storage of a boat and/or camping trailer kept for personal use, provided that the location of such structure is in conformity with the applicable municipal regulations, and is compatible in design and decoration with the residence constructed on such lot, and has been approved by the Architectural Control Committee. The provisions of this section shall not be deemed to prohibit the right of any homebuilder to construct residences on any lot, to store construction materials and equipment on said lots in the normal course of construction and to use any single family residences as a sales office or yodel home for the purposes of sales in The LaY.e -3- • at Cherry Lane. 3.02 Luellin9 size. The ground floor area of a one story dwelling constructed on lots S,G,7,8,9 and 10, exclusive of open porches and garage shall be not less than 1,300 square feet. The ground floor area of a one story dwelling constructed on lots 1,3 and 4, exclusive of open porches and garage shall be not less than 1,200 square feet. The ground floor area of a one story dwelling constructed on lots 2 and 11, exclusive of open porches and garage shall be not less than 1,100 square feet. Ir. the case of a two story dwelling constructed on lots S,G,7,8,9 and 10, the lower or ground floor level shall be not less than 1,000 square feet. In the case of a two story dwelling constructed on lots 1,3 and 4, the lower or ground floor level shall be not less than 925 square feet. In the case of a two story dwelling constructed on lots 2 arni 11, the lower or ground floor level shall be not less than 850 square feet. In the event of a multi-level dwelling constructed on lots 5,6,7,8,9 and 10, the area of the one story portion and the area of the upper level. of the two story portion shall constitute a minimum of 1,300 square feet. In the event of a multi-level dwelling constructed on lots 1,3 and 4, the area of the one story portion and the area of the upper level of the two =_tory portion shall constitute a minimum of 1,200 square feet. In the event of a multi-level dwelling constructed on lots 2 and 11, the area of the one story portion and the area of the upper level of the two story portion shall constitute a minian~m of 1,100 square feet. A split entry or split foyer type home arn~ a daylight Casement home constructed on lots 5,6,7,8,9 and 10, shall have a main floor area of not less than 1,000 square feet. A split entry or split foyer type hose and a daylight Casement home constructed on lots 1,3 and 4, shall have a main floor area of not less than 925 square feet. -9- A split entry or split Yoyer type hone and a daylight basement home constructed on lots 2 and 11, shall have a rain floor area of not less than B50 square feet. 3.03 Building setbacks. Mo building shall be located on -------- -------- any lot nearer then twenty-five (25) feet to the front lot line; nearer than twenty-five (25) feet to the rear lot line, or nearer than five (5) feet to a side lot line, on corner lots the side yard shall be a rinirur of twenty-five (25) feet on the side abutting the street. Such building setbacks shall be in effect with the exception of the following: A. All odd numbered lots as designated on the plat in Arabic numerals. and with the exception of odd numbered cornered lots, shall have a front setback. of at least thirty (30) feet unless specifically waived in writing by the Architectural Control Committee. All odd numbered corner lots shall have setback. restrictions as set Yorth in Section 3.01 above. B. For the purposes of setback. determinations, all lots which are bordered on one side by a public street and on an adjacent side by a cul-de-sac ('tee' type) shall be considered corner lots. C. All lots which have a common lot line with the golf course shall consider such side as the rear yard and therefore no structure shall be located within a thirty (30) foot rear yard setback. of such lot line, unless specifically waived in writing try the Architectural Control Committee. The Architectural Control Committee, upon application, may in its descretion waive any violation of this subsection which it Yinds to have been inadvertent, provided the save would not constitute a violation of local governmental ordinances. 3.04 Easements. Easements for installation and maintenance of utilities and drainage, and irrigation facilities are reserved, as shown on the recorded plat. Within these easerents, no structure, fence, planting or other raterials shall be placed or perritted to retain which ray dotage or interfere with the installation and/or raintenance of such utilities, or which ray change the direction of flow of water through a drainage channel in the easerents or which ray -S- obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except Yor those improvements for which a public authority or utility company is responsible. Easements to permit access for the standard play of golf during regular daylight hours on the golf course adjacent to the lots which are subject to these restructions are hereby granted and tstablished. These acts shall include, but not be limited to, the recovery of golf balls from such lots, the flight of golf balls over and upon such lots, the usual and common noise level created try the playing of the game of golf, together with all, the other common and usual activity associated with the game of golf. 3.05 Temporary structures. No structure of a temporary --------- ---------- nature, trailer, basement, tent, shack., garage, barn or other outbuilding shall be used on any lot at any time as a residenct, either temporary of permanent. 3.OG Irrigation. In accordance with the provisions of Idaho Code, Section 31-3N05, the Leclarant assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: A. That irrigation water deliveries have not teen provided by the Declarant; b. That the purchaser of the lot must remain subject to all assessments levied by the irrigation entity; C. That the purchaser shall be responsible to pay such legal assessments; U. That the assessments are a lien on the land within the purview of the irrigation entity and as provided for by law; and E. That the Leclarant is not now, nor will it be in the future, responsible for the maintenance of any existing or future irrigation systems, canals, or pipe, either running through The Lake at Cherry Lane or any individual lot. -6- • 3.07 Fences. No fence shall exceed six (G) feet in height from the finished lot grade. In no event shall side yard fences project beyond the Yront walls of any dwelling or garage. Chain-link. fences are hereby prohibited on any residential lot, except where required by the Declarant or any public agency in order to secure utility sites, irrigation or drainage facilities or other public use as deemed necessary. Hedges or other solid screen planting nay be used as lot line battlers subject to the sane height restrictions as fences, provided; however that no such fence or hedge shall be permitted along the front of a lot or dwelling structure. Both fences and hedges located on the lot lines in common with the golf course shall include a gate for Weans of access to and from the golf course and shall be erected directly on the lot line, and all fencing shall be of a grape-stake design and construction. No fence or hedge intersecting a lot line which is in common with the golf course shall exceed six (6) feet in height. 3.06 Offensive activity. No noxious or offensive activity --------- -------- shall be carraed on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or a nuisance to the neighborhood. 3.09 Business and commercial uses. No trade, craft, business, profession, commercial or similar activity of any Y..ind shall be conducted on any lot, nor shall any goods, equipment, vehicles, raterials or supplies used in connection with any trade, service or business be k..ept or stored on any lot, excepting the right of any homebuilder and the Leclarant to construct residences on any lot, to store construction materials and equipment on said lots and the normal course of said construction, provided, however, that nothing in these covenants shall prevent the declarant, or any assignee, from the construction of and the normal t~usiness conduct connected with a clubhouse, pr ofess~onal golf shop, country club, and/or related facilities, as a part of the golf course. 3.10 Signs. No sign of any kind shall be displayed to the -7- public view on any let or improvement, except one professional sign of not more than six square feet advertising the property for sale.. This restriction shall not prohibit the temporary placenent of political signs on any lot by the owner, or placenent of a professional sign by the Declarant, which must comply with the local sign ordinances. This restriction does not apply to signs used by the builders during the construction and sales. 3.11 Parking. Parking of Goats, trailers, motorcycles, trucks, truck-campers and like equipment shall not be allowed on any part of any lot or on public ways adjacent thereto excepting only within the confines of an enclosed garage, storage port, or behind a screening fence or shrubbery which shall in no event project beyond the front walls of any duelling or garage. 3.12 Animals. No animals, livestock. or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes. 3.13 Trash or rubbish. No lot shall be used or maintained ----- -- ------- as a dumping ground for rubbish. Trash, garbage or other waste shall Ge k.ept in sanitary containers and out of public view. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean ar~d sanitary condition. 3.14 Construction completion. Construction of any dwelling ------------ ---------- shall Ge completed including exterior decoration within eight (8) wonths from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris, and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 3.15 Landscape completion. All landscaping must be --------- ---------- completed within ninety (90) days fro• the date of occupancy of the residence constructed thereon. However, all lots abutting the golf course must be sodded and such sodding must be completed within -8- forty-five (45) days of the completion of the residence, unless otherwise approved in writing by the Architectural Control Committee. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon writen approval of the Architectural Control Committee. 3.1G Antennas and service facilities. Exterior antennas -------- --- ------- ---------- shall not be permitted to be placed upon the roof of any structure on any lot so as to Ge visible from the street in front of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. 3.17 Trees. Each Guilder, or property owner within forty-five (45> days from the date of final yard grading of the residence, shall plant at least two 1-1/2 inch caliper, five gallon ornamental trees adjacent to the street right-of-way in the front yard. Ir. the case of corner lots such trees shall be planted so that each side fronting an a street contains at least one tree. Such trees shall be placed in a manner equidistance from each other and from the adjacent lot lanes, unless otherwise approved in writing by the Architectural Control Committee. 3.1b Water supply. No individual water supply system shall Ge permitted on any residential lot. 3.19 Exterior finish. The exterior oY all construction on -------- ------ any lot shall be designed, built, and waantained in such a manner as to gland in with the natural surroundings. existing structures and landscaping within The Lake at Cherry Lane. Exterior colors shall Ge of the Ylat, non-gloss type and shall be limited to subdued tones. Exterior colors must be approved Gy the Architectural Control Committee in acccodance with the provisions of this Article. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages and other accessory Guildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. 3.20 Roofing. Only shake or the roofing shall be used on -9- ~i any structure constructed on a lot unless approved otherwise in writing, by the Architectural Control Committee beforehand. 3.21 Yard lights. Upon completion of a residential structure a yard light shall be installed in a location not more than seven (7) feet from the inside of the sidewalk, and adjacent to, the driveway of such premises. Said yard light shall be of a standard six (6> foot height and the location and type shall be shown on all plans for construction of each particular structure, and be subject to approval, and submitted to the Architectural Control Committee pursuant to section 4.04 herein. AkTICLE IV AkCHITECTUkAL COMTkOL COMMITTEE 4.01 Membership: appointment and removal. The ----------- ----------- --- ------- Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons, not less than three, as the Declarant may Yrom time to time appoint. Declarant nay remove any member of the Committee from office at any time, and may appoint new or additional members at any time. Declarant shall keep on file at its principal office a list of names and addresses of members of the Committee. The powers and duties of such Committee shall cease in one year, or prior at Ueclarant's sole descretion, after completion of construction of all the single family dwellings, and the sale of said dwellings to the initial owner/occupant on all of the building sites within The Lake at Cherry Lane and properties sut~sequently annexed thereto. 4.02 Procedures. In the event the Committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in arty event, if not suit to en 7o in the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 9.03 Action. Except as otherwise provided herein, any two -10- • rerbers of the Architectural Control Corrittee shall have power to act on behalf of the Corrittee, without the necessity of meeting and without the necessity of consulting the reraining members of the Corrittee. The Corrittee way render its decision only by written instrurent setting forth the action taken by the rerbers consenting thereto. 9.04 Approval of plans by Architectural Control Corrittee. -------- -- ----- -- ------------- ------- --------- No building or structure, including swirming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specificiations, and a plan showing the nature, shape, height, materials, colors, together with detailed plans showing the proposed location of the same on the particular t~uilding site have been submitted to and approved in writing by the Committee. All plans and specifications for approval Gy the Committee must be submitted at least twenty (20) days prior to the proposed construction starting date. 4.05 Nonwalver. Consent by the Corrittee to any matter proposed to it and within its jurisdiction under these covenants shall be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. 4.0G Liability. Neither the Committee nor any member thereof shall be liable to arty owner, occupant, builder or Declarant for any damage, loss of prejudice suffered or claimed on account of any action or failure to act of the Committee or a rerber thereof, provided only that the ^erber has, in accordance with the actual knowledge possessed by hir, acted in good faith. AkTICLE V CENEkAL FkOVISIONS 5.01 Term. These covenants shall run with the land with respect to all property within The lake at Cherry Lane and any subsequently annexed properties and shall be binding on all parties -11- • and all persons claiming under them until amended or evoked in the manner provided in section 5.08. 5.02 Severability. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. In the event the provisions of these covenants are declared void by a court by reason of the period of time hereinstated for which the same shall Ge effective, then in that event such terms shall be reduced to a period of time which shall not violate the rule against suspension of alienation as set forth in the laws of the State of Idaho. 5.03 Standing. Should any person violatt or attempt to violate any of the provisions of these covenants, the declarant, or any other person or persons owning any real property embraced within the plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said covenants, either to prevent the doing of such or to recover damages sustained by reason of such violation. Should the Leclarant employ council to enforce any of these covenants, conditions or restructions, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and the declarant shall have a lien upon such lot or lots to secure payment of all such accounts. 5.04 Effect of breach. The breach of any of these covenants, conditions, or restrictions shall .not defeat or render invalid the lien of any wortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, _ Gut these covenants, conditions, reservations, and restrictions shall Ge binding upon the effective against any such wortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired Gy foreclosure, trustee's sale, or otherwise. 5.05 Delay. No delay or omission on the part of the Declarant or the owners of other lots in the properties in exercising -12- any rights, power, or remedy hereinprovided, in the event of any breach of the covenants, conditions. or restrictions hereincontained. shall be construed as a waiver thereof or acquiesence therein, and no right of action shall accrue or shall any action be brought or •aintained by anyone whatsoever against the Declarant for or on account of the failure to bring any action on account of any breach of these covenants, conditions, or restrictions. or for imposing restrictions herein which may be unenforceable by the declarant. 5.06 Extent of remedies. these covenants, conditions and ------ -- -------- restrictions, are cumulative, and all remedies provided herein for breach are in addition to any rising remedies provided by local or state laws, and not in lieu thereof. 5.07 Approvals. Approval by a city or county governing board, vested with the responsibility of reviewing planning and zoning having jurisdictions over Lhis subdivision, of an application Wade try the Declarant which is in conflict with arty covenants, conditions or restrictions of these Covenants shall in no way affect or invalidate these Covenants, but these Covenants shall remain in full force and effect, and subject to enforcement and remedies for violation hereof. subject to the right of the Declarant to change the land use designation as provided in Article II herein. 5.08 Amendment and repeal. These Covenants or any --------- --- ------ provision thereof, as from time to tine ~n effect with respect to all or any part of The Lake at Cherry Lane Subdivision reay Ge areended or repealed only by duly recording an instrureent which contains an agreement providing for terminations of revocation or amendment which is signed by the Uwners of not less than seventy-five percent (75:C) of the Lots. IN WITi1ESS WHEkEOF, we have set our hand this -~l-i day of ~~liB , 1944. ~~ -13- (ITEM~k2)-UNITED CABLE T• RATE INCREASE. '" ~` • ,a Councilman Myers asked the council why there was such a sudden increase in price. Mayor Kingsford explained the joint use of utilities, universal, and that Northern Idaho wants to increase the rate not just to gain back the money loss but so there will not be a loss of sub- scribers. The motion was made by Myers and seconded by Tolsma to approve of the rate increase requested by United Cable T.V. Motion Carried- All, yea. (ITEM~~3)-APPROVAL OF COVENANTS OF THE WILLOWS SUBDIVISION. Councilman Tolsma asked if the new covenants were going to be changed. Councilman Geisler stated that the plans were drawn up very well. - Councilman Tolsma asked for an explanation of the article in paragraph 11 about no r.v. or boats, on the lot, and that they must be parked somewhere else. It was stated that there had been some problem with the Police Department in that people would live in an R.V. or driveway for months and that there were complaints from the neighbors. Motion made by Geisler and seconded by Myers to approve the cov- enants of the Willows Subdivision with the recommendations made by the City Attorney. Motion Carried- All, yea. (ITEM~~4)-APPROVAL_OF COVENANTS ON BY THE LAKE AT CHERRY LANE SUB. It was stated that Page 7-3.07, (FENCES) a grape stake fence. None of the fences at the golf course are Grape stake fences, (6ft. high), as compared to the original covinances. Keith Jacobs, stated that the covenants were the same as the ones from Cherry Lane Village. Counsilman Brewer said it would be advisable to table until City Attorney could compare the Covenants. Mr. Kent Barney asked that they be approved as if tabled it would delay the project. ---- There was some discussion and i4r. Jacobs produced a recorded copy of the covenants for Cherry Lane Village. The motion was made by Myers and seconded by Tolsma to approve the covenants of By The Lake at Cherry Lane if after comparison by the Mayor and City Attorney with the covinants of Cherry Lane Village were basiclthe same. • Motion Carried, All yea. (ITEM~pS)-WEED ABATEMENT ORDINANANCE. Councilman Geisler stated that the ordinance is very well done and that the Police Department is under staffed and that this ordinance disignates the Fire Department to enforce. Councilman Brewer states that consideration must be taken and the Fire Chief is not full time. He asked who had the authority to issue citations. It was stated that the authority could be given to anyone who was to perform the enforcement of the ordinance. There was further discussion of the ordinance(TAPE ON FILE). Mayor Kingsford Read: An Ordinance Repealing Title 8 chapter (9), Nuisances, Section 8-903.Entitled offensive or noxious weeds, revised and complied ordinances of the city of Meridian, Ada County, and Re-enacting said section 8-903, title 8, chapter 9, nuisances, to read as set forth herein and to be effective upon approval hereof. Mayor Is ..there anyone present that wishes ordinance d6 434 read in its entirety? No Response The motion made by Myers and seconded by Geisler that the rules and provisions reguarding 50-9002 and all rules and provisions re- guarding that ordinances be read on three different days be dis- penced with in and that ordinance ~p433 be passed ans approved. Motion carried, Tolsma, yea; Myers, yea; Giesler, yea; Brewer,nay; (ITEM~k6)-RESOLUTION APROVING THE ADOPTION OF JOINT VOTER REGISTRATION WITH ADA COUNTY. Cousilman Myers felt it was a good idea when a petition needed to be signed. Motion was made by councilman Brewer and seconded by Myers to app- rove resolution ,~p88 adopting joint voter registration with Ada County . Motion Carried. (All Yea) (ITEM~~7)-DEPARTMENT REPORTS Mayor Kingsford stated that the Department Budgets needed to be turned into him by a week from this Wednesday, which is the 27th day of June 1984. Building Inspector Bob Mitich advised,_the council that the City Clerk and he had made a visit to the Hoalst and Anderson Insurance Agency as requested at the June 4th meeting and of the present time the basement is not occupied and is in the stage of being re- C O M M E N T S Kent Barney By the Lake, Cherry Ln. #2 Prel. & Final Plat Designation of Sq. foot of Houses 1. Police: It appears that there is very little room to operate an emergency vehicle at the dead end sections of Sea Island Court. 2. P&Z 3.12.84: The Motion was made and seconded to recommend to the City Council approval of the Preliminary & Final Plat, and designation of Square Footage of Houses for By the Lake, Cherry Lane Village #2, subject to compliance of Gary Smith's comments. (see attached) All Yea. 3. Gary Smith, City Engineer: See Attached. 4. Vern Schoen, Building Inspector: House Square Footage Designation meets requirements of Ordinance. 5. Ada County Highway: See Letter Attached: 6. Central District Health: City Water & Sewer. 7. Ada County Street Name Committee: Street Name W. Sea Island Court. 8. Earl SVard, Wastewater Dept: Need more information on proposed sewer Location. 9. Bill Brewer, Councilman: It is my understanding work is being done on a change in street configuration which is a must. Good to see some 10. City Clerk: Residents within 300 ft have been notified and returns received. -------) COUNCIL 4.16.84: The Motion was made and seconded to approve the Preliminary and Final Plat and Square foot designation for By-the-Lake at Cherry Lane provided that: all existing covenants be followed with the exception of the square foot minimum; that definate steps be taken to work on the pump noise problem; and that the concerns of City Engineer, Central District Health, and ACRD be worked out. Motion Carried. Meridian City Council 1 Regular meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m. Council Members Present: Bill Brewer; Ron Tolsma;Bert Myers; BobGiesler; Others Present: Vern Schoen; Bruce Stuart; Kenny W. Bowers; Elizabeth Ryan; David Davenport; Dexter King; Earl Ward; Keith Jacobs; Gary Schaffer; Harriet Guthertz; Gary Smith; Lee Roy Nelson; M.L. Nelson; W.C. and Lois Milner; Kent Barney; Lee Nelson; Ted Davenport; Wayne Crookston; Jack H. Niemann; Minutes of the previous meeting held April 2, 1984 were approved as written. Item 1 Mayor Kingsford: Proclamation April 17, 1984 - Vern Schoen Day Mayor Kingsford read the following Proclamation: "WHEREAS, the City of Meridian commends Vern Schoen for his thirteen years of service to the City of Meridian as Building Inspector. THEREFORE, as Mayor of Meridian, I do hereby proclaim April 17, 1984, as Vern Schoen Day and urge all residents to join in our salute." Mayor Kingsford presented Schoen with a plaque for his outstanding service to the City. (APPLAUSE) Item 2 PUBLIC HEARING: Senior Citizens Conditional Use Permit Mayor Kingsford opened the Public Hearing. Elizabeth Ryan representing the Senior Citzens told the Council that they are seeking a Conditional Use Permit to operate a Senior Citizens Center at 133-143 W. Broadway. The building is currently a Church. There was no other Public Testimony. Mayor Kingsford closed the Public Hearing. The Motion was made by Brewer and seconded by Giesler to approve the Findings of Fact and Conclusions of Law as presented by the City Attorney. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; The Motion was made by Tolsma and seconded by Myers to approve of the Conditional Use Permit by the Senior Citizens to operate a Senior Citizen Multi-Purpose Center at 133-143 W. Broadway. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; (APPLAUSE) Item 3 PUBLIC HEARING: Preliminary & Final Plat & House Square Footage Designation /` By the Lake at Cherry Lane Mayor Kingsford Opened the Public Hearing. David Davenport, an adjacent homeowner urged the Council to delay decision on the request. Davenport cited traffic problems as a major concern. Davenport said that the developer had guaranteed some relief by virtue of a new road built out to Ten Mile, providing a second access. "That's the big problem," said Davenport, "There's only one way out of there. Turnberry to Interlachen, and that's not designed to be a _ through street." Davenport also said that he is concerned with the house sizes. Davenport expressed that any new housing should have to go by what the rest of the Subdivision has gone by. Lee Nelson also expressed his concern over the house sizes. "I would hate to see the value of my home go down because they're building smaller homes across the way," he said. Meridian Cit Council 2. A ril 16, 8A Item #3 Cont'd . Ted Davenport, complained of the noise that the pump for the golf course made. Lois Milner was concerned the proposed subdivision would be allowed to build any type of home they desired. "I want to know if they will operate under the same covenants that we have," she said. "We don't want crackerboxes built there." Councilman Brewer and Councilman Giesler both pointed out that smaller doesn't necessarily mean cheaper looking homes. "A smaller house can be built to quality and not degrade the neighborhood," said Brewer. "They don't have to be a shack." Developer associate Kent Barney, assured the residents the new subdivision intended "to meet and match the covenants" of neighboring subdivisions. "The size was not intended to degrade the value, but to make it more economic for builders. We still intend to put on the redwood siding and things like that. We're trying to maintain quality in that area," Barney said. Mayor Grant Kingsford pointed out that existing city ordinance allows for the percent of square footage for which By-the-Lake has applied. "I've seen some awfully beautiful 1,000 square foot homes," added Giesler. "I think if they go by the covenants, I would have no problem with the 1,000 square foot minimum. Just because there is a minimum doesn't mean they will be built that small, anyway." Mayor Kingsford closed the Public Hearing. The Motion was made by Brewer and seconded by Myers to approve the Preliminary and Final Plat and square foot designation for By-the-Lake at Cherry Lane provided that: all existing covenants be followed with the exeception of the square foot minimum; that definate steps be taken to work on the pump problem; and that the concerns of City Engineer, Central District Health, and Ada County Highway Department be worked out. (Comments on File - City Clerk's Office) Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Item 4 Dexter King: Request for Waiver of Hookup to City Water & Sewer New Home on Leisure Lane Mayor Kingsford pointed out that there are no services available there. Brewer said that as long as there is a clear understanding by Dexter that he must hookup to City Services when they are available, he had no problem with it. Dexter said that he understood that. The Motion was made by Tolsma and seconded by Brewer to grant the waiver of hookup to City Water & Sewer by Dexter King for a new home on Leisure Lane. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Item 5 Joint City-County Voter Registration It was discussed that City Clerk Jack Niemann had met with John Bastida of Ada County concerning joint voter registration. A letter xitkt-thecomments was distributed to Council Members. (Letter on file with these minutes) It was the concensus of the Council that this was a very good concept. The Motion was made by Myers and seconded by Tolsma to instruct the City Attorney to draw up and Ordinance to adopt the Joint City-County Voter Registration. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Meridian Planning & Regular meeting of the Meridian Planning & Zoning Commssion called to order by Chairman Bob Spencer at 7:30 p. m. Members Present: Marvell Chenowith; Jim Johnson; Walt Morrow; Jim Shearer; Members Absent: Moe Aldijani Others Present: Gordon Leishman; J.W. Gibbs; Max Steinbach; Wayne Crookston Jr.; Jack Niemann; .~ Minutes of the 3-12-84 meeting were approved with correction to item #4, from At the ----/ Lake, Cherry Lane Village #2, corrected to read By the Lake at Cherry Lane. Minutes of the special meeting held 3-19-84 were approved as written. Item 1 Preliminary & Final Plat: The Willows Subdivision Wayne Gibbs, JiJB, was present representing the request. Gibbs discussed the hammer-head turn-a-round, and told the Commission that the Fire Department and Sanitary Service had been contacted regarding the hammer-head turn-a-round and had no problem with it. Gibbs also said that the hammer-head has ACRD approval. Gibbs said that he has gone over the City Engineer's comments (Gary Smith) with Smith, and that there is "no problem with them." Gibbs told the Commission that there have been provisions made for Willowbrook to continue to the North. There was discussion concerning the new Ordinances and Codes that may go into effect before the request is heard before the Council. (Tape on File - City Clerk's Office) Chenowith questioned as to if they would be willing to conform to the new Ordinances and Codes. Gibbs said that he is not familiar with the changes, but what he does know of them, there would be ho problems. Spencer pointed out that the frontages do not comply with the changes. Gibbs commented that the sewer and water would be brought in from the North. The Motion was made by Jim Johnson and seconded by Walt Morrow to recommend to the City Council approval of the Preliminary & Final Plat for The Willows Subdivision. Motion Carried: Chenowith, yea; Johnson, yea; Morrow, yea; Shearer, yea; Item 2 Max Steinbach: Input on Possible Annexation of Parcel on North 10 Mile Rd. Mr. Steinbach, 1625 W. Pine, told the Council that he is seeking input on the possibility of annexation of a 1.4 acre parcel on North l0 mile, just off of Cherry Lane. Steinbach said that he would like to build a single family dwelling on the parcel, and be zoned at Residential. The parcel is currently zoned agricultural. Steinbach told the Commission that he has contacted ACRD, and they will check for the use of a septic system. Steinbach said that he understands that he will be required to hookup to City Services when they are available. Spencer commented that this would create an even bigger enclave, and if the come in with Steinbach he would have better feelings about annexation. ~® 3 PROJECT JOB NO. ~ SHEET 2-~ ITEM DESIGNED DATE [HECKED DATE i,~,,~ D~ o~d~-a-I.~-a, .u~,r.r~r.~.~.~ 60' /2~~ u.~rlcdo- a vrr~,ur.~e.c., ov~.~.ae. ~a -a-u.GC.~~ Y.c~+-~1.t-, .~~t~~ ~ , ~ tr~2 ~~.u,~.a~ ~ moo- C' 3 ~ C -L/~ C~ -~ aM-d C'-9 ~a Z o, o a GOvwti~LLt,~,~d~.an.~ ~ir~ a n.ew~,~~l ~ ~.c ~ ~ ~~ [~. ~ `12[.ce~ a6 A~Q. ~. .Qw~ /+a,2Q"" ~Y aii.e.~ via ~i e. 7.carz~, ~cr,J,.-~ ~' dz ~.~ tee. ~c~.e a~.¢..-st ~'u ..r:~o a Gfe.R.-~( ~ ~ tico ~t~1 ~''~ A-i~c~.~c.~o~i~ - •i A.U~9 MO - ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT DWIGHT V. BOARD, VICE PRESIDENT GLENN J. RHODES, SECRETARY March 19 , 1984 Kent Barney 2375 North Ten Mile Road Meridian, ID 83642 Re: BY THE LAKE AT CHERRY LANE - PRELIMINARY PLAT Section 3; T3 N; R1W; B.M.; Ada County, Idaho 318 E. 37TH STREET BOISE. IDAHO 83714 PHONE 344-6111 On March 15, 1944, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below. 1. All dedicated streets to be constructed to Ada County Highway District standards and specifications. 2. Submit street and drainage plans with hydraulic calculations prepared by a Registered Engineer (Section 54, Chapter 12, Idaho Code) for review and approval by Ada County Highway District. 3. "T" turnaround to be designed to meet the District's design criteria. Radius of the throat to be a minimum of 20' and a 15' radius of the curb at the ends of the "T". In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement. 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If Public Street Improvements are Required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District: a. Two complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer together with payment of plan review fee. b. Execute an inspection agreement between the Developer and the District together with initial payment deposit for inspection/testing services. c. Complete all street improvements to the satisfaction of the District, OR execute surety agreement between the Developer and the District to guarantee the completion of construction of all street improvements. AN EDUAL OPPORTUNITY EM PLOVER Kent Barney March 19, 1984 Page 2 3. Furnish copy of final plat showing street names as approved by the local government agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs as required. 4. Submit payment of $214.00 for plat review. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish final plat drawings for District acceptance certification and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. Please contact our Development Services office at 344-6111 (ext. 420), should you have any further questions. Sincerely, ADA COUNTY HIGHWAY DISTRICT ~a~ C} /C~c~j Carol C. Kirby ~/ Development Services CCK/ev cc: Meridian City Council Development Services ~ 1 i I ~ a1 0 ~ °x z ~- a ~, o F ~t - • q G C a r 2 i O' N i ~ -- Y RC 'ya i ~ U i W ~ .~ a '." r a ' ~: ~~ O G c ~ ~' w ( ~ + ~' a, z a ~ al T ~ ~ ~: a s ,~ I z ~ ~; a T a ~ wI o ~ ( a` ~' c ~ o ~~~ z `' i H~ z C ~ Y U' C C C C .~ a H ~" L ~ i w [n Qi G Q ~ of Q: O \~ Q +-- ~ N a' ,n Z c_i Wja ti-_ ~ c z~'~ E GE vCi ~ \ z ~. ~'1 E E ,,C ,~ ~ -- L a L - V ~ .- ~ li W C L ~ L ~ C- C C v a~ i m m rnrn ~. r-I rl lL' --, W ,_ a ,, a N tC L Sj -.y- IY1 '"y '-~ O H r?-- r Ci Cf] ` w a 3 ~ U H p ~ ~ p o 1 a ~ a ~,+{~ W ~a ~ ~ Gocn, ~' I h •• d - -'- V ~i ~ o ~ ~v ,,. ^ z ~ ~ T-EEro C7 2 c N c E0~ ++ n, c cn ~ ~~ H ONa ~ u ~~' c~ H ~ ~- ~ c o.~ :J i rt W V V-- +~ u c~ E +~ -.- L ~ L a+ x oo ~~ zo _~ a ° ~N L p H U c' ° c c a .. w z ~ L L c O ro z 3 H ~ ~ N 'f- Y i~ V~ T C o a H L .- +' .- T +~ T W a U a~ v. u ~ c, a~ c >_ U ~ ~ c c 4- 2 0 .LL-. ~ c c - ~ _ C w 3 v y o c >~ - 3 ~ c o O c. C ~ c " ~-` a o c. a c ~, - C ~ ~ ~ C~ = U: C~ >> O N -~- L m i d> a a L .n - L d C 1` F v S. L ~ L O +~ C V C ~ v~ ~ O C~ L ~i -C t' ~ + ~ m C C d ~ 3 Q - O r'- fo i L L T p; 1 , , a y C '- , JJ aJ O C! V ~ a 'O (-.) d i ~p Y ~ ,.~ E. .- T C ~c F c ~, .- ~= L _,.a .- L u L t- fc .o c E a~ a E __ 3 ~- ° ;.- ~~ a a F, o ~ +c ~c -~ a~ a~ v -c ai .o L s. r. c - m ~ c c~ w v f f Q C u z ~ c: ' it ti -~ CENTRAL DIS~CT HEALTH DEPARTMENT Review Sheet Return to: _ Boise - Rezone li ~A/T ~~IRl7&/- _ Eagle ____ Conditional use l) ~ Meridian _~ Prelimin~~~a~~r~~y/Final/Short Plat /~,", ' / _ Kuna - ~(~TI1~_I A <' ~~ 0 1J / ~-lUYLD- S/~gii/~/OiJ ACZ 1. We have no objections to this proposal. 2. ~ We recommend denial of this proposal. 3 4. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7. ~ We can approve this proposal for: Central sewage Interim sewage Individual sewage and ~CCentral water -Individual water -Community water well. 8. ~ Plans for Community sewage -Sewage dry lines, and Central water -Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Office. 9. X Street runoff is not to create a mosquito breeding problem. 10. T_ This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. SUBDIVISION EVALUATION SHEET (Recommendations Only!!) Proposed Subdivision Name: RY THE IAKF AT ('HFRRV IAN Subdivision No. Date Reviewed: 3/9/84 Preliminary Stage: XXX Flnai: XXX The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. BY THE LAKE AT CHERRY LANE X. The street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under the direction of the Ada County Engineer) regarding this subdivision. The following existin street name is approved and shall appear on the plat as: "W. SEA ISLAND COURT" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee, in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY RI~PRESENTAT.IVES OR DESIGNEES Ada County Engineer David Collins, P.E. (/(~.~~-~( ~~-~- ` Ada Planning Assoc. Terri Raynor Local Flre Dept. Representatly *******NOTE**********A COPY OF THIS EVALUATION SHEET MUST BE PRESENTED TO THE ADA COUNTY ENGINEER AT THE TIME OF SIGNING THE "FINAL PLAT", OTHERWISE, THE PLAT WILL NOT BE SIGNED!!!!!!!!! TP:ak/DATA1-E3 n ~ -i z o ~ 0 0 c ~ -i J ,r ~ m ice. ~ .. a n ~ ,'D C ~ ~ V (D ~ 1 a rr ~ S S ~ '1 f ~ 9 t S ~ D J y < J S !p ~,~ n '~c J o c ~- 3 J 3 D n J v ct J 1 J~ A J E ~ y O J Z V 0_ J ~J~ `-C -'- D ~ n ~ ~ 0 O ~~ ~m~.a ;o ~ ~.y z ~ r. ~~•~ U] O ~ 7 » ~o £ cn ' ~i~ m.~• r'~ o e~ fll !I~ III'`ill z n n n 3 3 n m c~~ ~ I A m y d (p o~ ~ 'O O d d n E CC ~ ~~ O (D /U > > J J ri l 'J n C J O J c' O d ~ ~C v v+ ^~ ~ TJ S 1 7 n u+ ~ ,.~ n ~ rr o -t c+ ~p = -n s :V T j Y D n ,~ J J: n N 3 O Ll .-F -n £ -h i o y -~, o ~ D :7 n ,~ ~ y y O D R Z rt ct n S O K 7 n O J ~ l .Y > > n a n ~7 D M ~• 3 ,r ~ rr -{ J ~ p ~ ~. r. 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M T ~ T O C { { l?7 I 1 _,~ nn ~ z O O O O C 3 -i ~ ,J ~ m ~ ~ .. a ~ -• O c m m ~ 2 d rf ~ ~ s o+ £ f* ~ s~ S J J y c < J Z v y n ~ ~ o c ~• 3 ~ J A a J a. r+ 3 y n f J E 3. y D J ~ .V O_ O S ~ T ~ ..~ J~ ~ n :~] UI 1 ;9 o i~ a ~. 1 z„ ~ ~- O to o ~ J s ~~o E 11~~ 7~~J ~.~ s r'~ a f II!I~ -1 ~, n n 3 3 n m c~ o+ m a n rD .v ~- ~. ~ ; 3 J a ~+ J J `r ~ o. y v o a n. n~ 1 -• y c o, a ~+ o, 3 T > > > > ~ ~ J o f ,Y o a ~ • `G ~ N Z J n. n J~ o n ~ `r cp n s ,v a ~ rr O `K T ~ ~- n 'n o J n v~ s O ~ tt N E ~ Z O y -h O ~ J 2 (~ ~C ~ ~. r0 rp .-, n N 9 a a. c,~ o v .-r z y ~ c-r _ ~ t-f h n ~ O r* ~ n O J ~ Z .Y ~ O ~ 7 .L fl O D r+ n ~ J ~ ~ n .. r. :n l A y m ~+ 0 m J 0 =-~ m a v ~~~; m dCCS m ~ ~~2 a 3¢Q •••~ d s ;$( m ~3 o ~~ ~~~ ~~ilil~ ~ ~ G W W ~ ~ 3 ~ ~ 1Y l :~ ~ ~ ~ £ S ~ ' rt o z - -s t D .~' 9 JI ~ j y 1 l ~~ .J r* n t ~ 7 ~ ~ J. _~ ~. .~ 7 J 4 ~ ~. y ;~ J y ~~ 3 ~ ~m ~n ~ o ~ r~ zm ~ " ~ -I A9 ~ ` ~ ~ G. t? z ~ .. ° m' ~ ~ ~~ a > ~' -i > ~. ~ s l ~ ~ ~ _ 33 3 V ~ N 3 3 I z ~ Z ~~ 'H 9 ~ r j z .v ,-+ a ~ . n ~n H ~ A 7 J O ~ 1 i : f 's ~ n I a 3 ~ ~ o 3 r i m O o ~ y z 3 .~ cT ~ m~ r z a~ z 10 rt ., ; ti N ~ ~ ~ m >- h ° c i m c ~ n ~ ~ ~ 3 c1 ~R F'- ~• ~ N O ~ ~ ~~ ~ n .~ v + y ~ 'w ~ ~ D • 1 ] ti ~. p W y z A ',i7 ~ ~~ N r r N a, Z J ]. m __. !~ ~ 'Jt ~ D F S =; s y 7 7 J a n 0 v a rn ~ ~ j D ~ro Hr kz z (] H oz c~ nm N ro z H z L1 ro H CI rx r r-~ Ol N r r ~~ ~~ ~~ C1 Cs7 0 C r d x e~ H z 0 b H e~ O O O O ~ I ~ n m ~ n - J I f ~ l Q of ~~ c z c") '.~ n 3 3 cl m V .D 3 J ~ ~+ J ~ rr -s 3 2 a .+ c~ _ ~,~~,. d rr o. Y v n o_ n ~G T S 1 O' O i7 ~ CC < y -• d C 'Y d rt y 3 rt J J ~ ;t -S O 3 N O d ~ T ~G - ~G ~ Vt Z J T] O = ~n J O n 3 1 - rt ~ 2 N ~ .9 ~ 'S y Z .~ O ~G R 9 ~ J -• '.~ t7 O ~ :v n n N s o -~ ! '-c ~ o .... ~. s £ ~ O J 3 1 O ~+ -'f rJ J c ~- 3 j i. n ~ ~ ,9 ~ 7 D D ~ n m ,9 ~~ n y y o ~9 rt z os rt ]~ -~ N. ~ 'S 3 Y /~ Y rY s ~~ ~ S O ~ 7 n E i y o J Z S rt 9 J ~ ~ ~ z v i 9 n -- o ~ ~. T J Z cY 3 '< ~- 1 IA ~ ~ n rr -t ' ~ a 3 j -~ ~ i ~ 3 n ~• ~ 'cn J a r. ,o3 3 O y _ ~ 1 y - z C r -. ~ ~ '°. o ~o J n y ~ n m ~+ o ~' ! m ~ ~~ ~ £ J' r o by ~+ O- -1 ty 'C 9 '+'1 ti] •.~~ •• .T o ~ ,,~D ~ b ~ uS N- ~ C '] ~ N n J n .Y -• ti n ~D o m cr lD J ~] w ~ `^ r- ~ '~ ~ c ~~ £ '" ~ S ]! ] 9 J rt o ~ -' -s .c • ~ ~* A n 3 n 3 z -, 2 O A i~'1 A 3.7 m z 1 0 z yr 7 1 O J -- E a ] -+• J .~ '-~ "C ~J~ o ~ o ~~~ sa 9 N Z ~ m N N ~- Jf Ut O O ~ 7 O • ;Y 'S !D n z fD eY n O O ct 33 ~ n1 N 7 a d rp rr J .~ ~~ 'n y ~ o~ S 7 O y J y ~. 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G1 5 ~ ~/ G ' ~ A :Y 3 '- 9 ' > n ~ ~ ~ ~ r~,~ 3 'J ~ ~ p t !x ~ iN :-~ 3 ~ n -7 .. O 'y j rn cn o a r. ,. Z ~ ~ . ~O~ ~ ~ H z .. -. ;, c~ ~ i ~ ~~ T~ n- o ~ ~ ~ ~ V] 0 ~ A v ~ ~ n m rt .d ~ I 'do ~ .~-. o ~~ j x ~0~~ E ~ r i ' H o ~ ,~ ~ttS '9 Q1 N r < a -, _ ~ ~ r, .. ~ r ~ ~ a ~ i '~Y y--' ' "t J J 3 T S J .~ 1 '4 ~ -' '~ _ I e c ~ ~ 9 ~ iz ~ H _ afz _ .i n '7 .9 D . ~ Z 'j z ~ ' ,y ~ y d 'r o f U ~ . ~ a. ~ I - ,~ ~ ICJ m I 'c7 ~ 2 ° ~ 7 D ~ b 7 ~ f/1 [ cJ ' m ~ a m ~ ~ l ~ n 1-+ ~ ~ ;V ~ ~ U In C z Y b o a~ f~ V] !k~'' H ~ ~ ~ N n. 2 o o ~ v p H~ ~z z ~ K ~* fZ n O, o i `+ ' m~ a ( ~ z `~ c ~ a r y b a 0 ~ I I~ m o N I 1 ~ Y u ~ z ~ ~ n y Ky 3 m ~ '~ a~ C ~N. p z m -~+ H o ~ £ ( ~?~ s~- '^ ~ r ~~ " r ~ ' d ~ ~ z ~ r`' 2 ~ m °° ci ~ m i s r ~~ ('I' ~ ' ( ~ i 1~ ~ ^ ~ I ft ~ 1 O O H -a ~ ~ m C ~ r~ 7 lk ~N I-~. ( I ~ ~ C 2 ~ = ~ ~ ~ _ y ~ •--~ 9r 7 O N i ~ ~ ~'j 7 J ,~'j D 7 -' y l i ~w ~ ~ j ~ 'n f '2~ O , 1 ~ H T , ~ I ~. 9 W ~ ~. ~ z x 0 ~' ~ ~ ff { ! NO'S'ICE OF PUBLIC HEAPING NOTICE IS HEREBY GIVEN pursuant to Ordinances of the City of Meridian, and the laws of the State of Idaho, that a hearing will be held before the City Council of the City of Meridian, at the City Hall, 728 Meridian Road, Meridian, Idaho, at 7:30 o'clock p.m., on the 16th day of April, 1984, for the purpose of reviewing and considering the Preliminary. and Final Plats of the subdivision known as By the Lake at Cherry Lane, which is adjacent to Cherry Lane Village No. 2 north of Cherry Lane between Ten Mile Road and Black Cat Road, and is more particularly described as follows: A portion of the SE 1/4, Section 3, T. 3N,, R. 1W., B.M., Ada County, Idaho. .and NOTICE IS FURTHER GIVEN, that a hearing will be held pursuant to 9-615 at the same place and time on said date to designate the minimum house sizes that may be constructed on each lot of said subdivision, By the Lake at Cherry Lane. Any and all persons interested shall be heard at said meeting. DATED thisa~ day of r~larch, 1984. AMBROSE, FITZGERALD 6 CROOKSTON Attomeye ono Counseloro P.O. Boa e27 Merltllen, IEMIO B3S11 Tslsplwne SlB~NE1 _ -- - .. „C ~ ra,~ loge. ~v~ cG~• .fin ~O~r _ ~l~-~ _ ~ ~_ q _~~ - ~- Qf -~ ~. ~- .. ~^0'° __ G~14~' ~ . - ~ - f'~'-`"'-"'`~'- - --- _ _ f _ ~~ ®_ r ~ 1 a ..~(_.~.b..._-_~L ~.-. ~aGhQ ~~~ ~~ ~~~ C/~~~ Cz'E~d~GF_ ~(ZESI icy ~- ~~~ 1`z~ces~t es ~-x, >~~2k:~~ ~~ ~~ ~~ ~ 2r N 0.5 E.- - ''. . ~ }, .`..'7 ~ :1F3 uJcLnIV~TION ol•' n1:oTec•rtvr; covrNnla•rs, ,_, ~4,~. ! ~~ ,~~ ~; ~ ter ~ ;,y-- CONDI`i'IONS AND 1<LSTI:ICTION:> T~.F'I'i'C`1'1NG )r /~ ~~ ~. t~-"-.Y SUIiDiVISION j ,: t kGr~~- G, f34-,-n ~-~ d ~m.-y R, f33~-n~~ ~.,,sba...,1 ~..,dca~,~, WIILREnS, AJH4~-n ~i'-1-E'--eFitfit':F~t~}Y, liaE.. , hereinafter referred to as "Declarant", is the owner of certain real property situated in the City of Meridian, State of Idaho, 7},e Li..ke v~-~~^rry (ten e known as Ches~3t-E•~aze ""'--- y~ WHERL'AS, ~~Q~i~bar~l~-}zi2r~~--rn~-}- Subdivision is a duly recorded plat; and t~lll?RE,1S, the Declarant dcc,i.res to declare of public record certain protective covenants, conditions and restrictions upon the ownership of real property: NOW, TIf1:RL-'L'ORF., in consider'ati.nn of the foregoing, the Declarant does hereby declare that tl~e z.ol.lowiny protective cove- nants, conditions and restrictions: 1. Shall become and are hereby made"a part of all conveyances of Block 1, Lots 1 through( inclusive; ' usiue-; - ;- .. -ae_ . _ _ _ __. ,_ T ,. ~v .~ 133~:'c'-TIT'G ~ ~ I ~...u-~----a. , vrv~. i. u, ~~...s 1 \.I,L VUyi! 1G 1114..{-/ •~I`~' ~,~-~Z~--~~ w.itlrin the plait of G-ki~ Subdivision, recorded on the day of 19~, ~ - ~ - in Book '~~r of Plats at Payc(s):of the Records of nda County nuditor, Ada County, State of Idaho; and, 2. Shall by reference become a part of any such convey- ances of whatever kind and shall apply thereto as fully and with the same effect as if set forth in full therein. -1- ,..!_.•-...:4~__.. .-.'.....,,,,~ YjY.i t Kr ~~Vd~t1'.~i. N, .'hem .~ ~ l_ 1-(:.HHi~.1a L'-n~. ~+ .._ . f i 1 " ~~' t/r 1 _'^N ~ -~ ,, r ~ ` ~ '. 4~°r~~~ ~_!.{: , ~j! ~ 1~.. '.• ~ T{.-!~a.~t? i ~ of y^~ Li •'. .!4 . / ;4. Fr h~ X17 ice'. rv4"~..A _~4~ ~~> 1~ II 1.01 "D~/cla(r.an t" shall mean ~'- , iJC..v'ne hu5~4w~c] c_..,~( Wi}C. ' I -('~re i r ~.. suc:•.•:, :cars anc] assigns. ]..02 "ut;,:cr" shall nur:,n t h,• c,tmcr of record, whether one or more persona or entities, of a tee simple title to any tf, e ZQ ke a,7' lot, or multiple family dwelling unit, t•,hich is a part of f-Merry G~,e,iry lu,n~ i,~:.~ ~r''I t -, "' ~ Subdivision, includir+g contract sellers. y'{-,•e L~ll<e a~f' (~.'ry Lane 1.03 °~ shall mean all real property Y'he Lake ~' cl.•e,~.~ now and hereafter contained .in the pl..,r:c of r Lcti1~ . td8z~ Subdivision. 1.04 "Lot" shall moan p]nts: of land designated for fitie Luke Q.-F C{~evey La.n~ residential u,e t:ithin Subdivision and identified on t:hc platy thereof: by Arabic numerals. 1.05 "Golf Course" sh:+ll mean .ill real property now and hereafter cont;t.im:d in the Cherry Lane Villayc golf course. 1.06 "'I'hcse covenants" shr.+al. rncan the Protective Covenants Conditions, and R~~-sr-tr'riclti.onti nsL/s~/et forth in this i r1 L° L.cc-~<e ~t.T C~/~ •CV V ~ Lan C Declaration with respect to t'h ~'.~ ~ together with the Architectural Control Conunittee rules as set forth in Article IV hereof, as the s:une may be a!uended grid supplemented from time to time in accordance with the provision:. of this Declaration. AR'PICJ.I: l I ['1cOF'1:R'1'Y .SU13JF.("1' '1'O '1'IIli51; COVENANTS 2. U1 Initial devel<1>ment. Urclarant hereby declares that all of Che real property described above is held and shall be held, conveyed, 1!ypot-hecat:ed, encwubured, used, occupied and improved subject to these covenants. The above property together with other real property from time to time annexed thereto and t'h .e Ltil<~ at made subject to these covenants shall constitute ~ CF-,P^rr7 Lan-t ~ o 3ge• _2_ , -~~. +::,. ~•-r~3 • 3ss-,, ~,~~ ~-~c~~~,~y 2.02 .:nncxnti.,n ol'. sut,sc~yucnt phases of ~Fte-rr_~-bR»e u;/.-~/" Decla..:rt u,;ry f torn Ciu~e to t.imu annex? to C41`P~Yr ~~ Zte.~it ~@. any adjacent real property nu~,.~ or hereafter acquired by `{~e LQ.ke a~--~~rr~ it. The annexation of such ac]diticn:al phases of [_u~-t e. 'f' shall be. to:c:uraplished a:: follows: A. The Declarant shall xvcc.rc] a declaration which shall be executed by Declarant, and shall, among other things, describe the real property to be annexed, establish any additional ;;~ or different limitations, restrictions, covenants and/or conditions r,' which are intended to be applicable t.o such property, and declare that such property is helri and she]]. I,c held, conveyed, hypothe- cated, encumbered, used, occupied and improved subject to these covenants. -. Tl:e pr~~l.,erty inclurlecl by any such annexation shall thereby become a part of these covenants. C. Not::ithstanding any pruvi:;ion apparently to the ~ contrary, a declaration with respect to any annexed area may: 1. EaCablish new land classifications and such limitations, restrictions, covenant: arul conditions with respect thereto as Declarant may deem to be ap;,ropriate for the develop- meat of the anne:;~:,1 property; and 2. With respect to exit:tinq land classifications, establish such additional or different limitations, restrictions, covenants and conditions with respect thereto as Declarant may .,•u deem to be appropri<rte for the development of such annexed property. `~ nRTICl.L III RG;SIDI.'N'1'IAL COVIiNANTS ti. .3.01 Land usu and buildi~ ape. No lot shall be used u~{` except for residential purposes. No building shall be erected, ,,. altered, place:! or permitted to remain on any lot other than one ,~ , detached single fami.ty dwelling -3- ... ,rte,,, }y r~^~ ~ ~ ~ ,. r•- .~.~ . -+ : ' '^. _ ± .~ •.a: :-• t. ..rra i s....~ns:,:~ . •_..,`t, .. .,T1.(v~ w r•.' -Y" f' ~ 'zr '=•e:~ ~~?''"-rte ~ 'ts..yY•- '.S"i_rI'w~ 1... ..,.1?i'~.5,...... ..~1'_(t....s t11s..?...t:.•...~.•t.~,~,r.nM~ ~~V~.~1~ w 7 I - --- -- . _. - - --- -. _,. Jrf?Z ~4.1e6~lYLG~S~~`.~s~G, `4C~YYeyR (~~ (~ ~. one s,~Yy d-we~lin~ c~si~'v(~ on lnz`-'~ ~6t7t3~`?.~~1_Q~; ___ _ek.G'USrv~ o ~ o e-1'1 dY~S_.~ad- __ P ~ ~~ e T7o r ~~e.55 `~n, n _l ~ QQ g ~ v?-+ S d-4re/; ,;__, co~s~-r~~~~l a R _Idfs t, ~ ~d 9,_ ~~l~sr~~ a~ ~,~ -- -_ porgy&s ~ ~. ~~~e _st, ~~. ~~- ASS ~z«~ ~~ __ _~.-_ ~eeT. `fL~~ ,,~-rauh~ ~J aoY . r re4~ a~ ~-c2AQ S-~_c~w~~/i~. ~. Can s'~r vc~~ . o ~ /fl ~-S ~, ~-n~_ 1 / ~ _. ~_k Glsz ~ i try„---°- ~" °~-~ ~QYS~i~S - 1 // 11~~ ,/f 11 and _~- a,^~ay ~- s h4.1 / +c~. ~ OT .~eS S ..~~ _ -~L ~ QQ-:-~- U 4!Y e. ~ -: J~ ~e cQ.Q.e o ~ ~, -~o-s-lar y oduze%~r~. ~eas~r~~-rQrt ~a~s__5,~, Z - --- _:--- _ ,-_~ooo ~ ~~.~-~ ~~-F _In_~,~-_~.a.~_a~~.-1-~.~,a--sue- ~ el/r•~ ~ 's ---- ~ns~(-ruvEodmn ~nfs ~ 3 ~,d ¢~ fie-. ~oc.v.w.~-_~~wu~s~_~oQY~ ~r~.~~~~f __ _. be no-f- /ess// ~-n /qZS -s~z.~~:e.~'eQ7~/ ~~:.~.--Caa.a.. a)~r(~~ ft.~-Si~+~yr ~well~r"~ Ceemb'Yruv~p~pgJd~S Z~,.,d!/~ ~'se.-L,41~L~Y_.onnY~//Y~uncY c}-~ool'~"'-. 1 eve! S~ar'/ ~e rm`>L ~ess _ZYls,/Z ~SO s~~.Y~ p-eQT, -- ~n ~,e ~even~'" o•~_Q.-_rnu/~i.- /ev~el. ~i~sts~/<;,.~_~n~~~v~„ -_ - -- - w~. i o ~ -))~o1J~,/-s s, 6~ 7~ S,9/Q,,o~ 1~?J _ 7/L1~e- a~rer~...sy~. 1._ ©2e-_S [~~-~~1?~''°°~-_ --- -.. Gl"'7 Cl rh,'e 4/`r.+P c'~ Q ~ 0 h'2 l.t.../~~^f"_.L'E~°~-~.4 P- ~'~ TkL1Q- Fj ~'~! L'~ /g1~}_ ,_ ,. b~ ~~~~Z'~u-~e_ a1 rrt/~;1i-rnum_c~_1n3A~._~~~.a,-rre_~~-e.1~.` --- _-~ _ ~ ~-~,,~e. ~v~e.h`E' ~ ~- e~ t'r1 u/~ i - r~~v~2 ~ ~~ l~_r n~ Gan s~i^vc - --- - on /o`~S 1, 3~.,d 4~ ~~ G.re~, cr~- ~.~_an~_ s~w y ~irrio~ _a.,;~ ~~.~e~ ~ T_Y-~~. U ~p~-/~~~:(~_~ ~n~, _-sue-: P~~, _-~~_ ..:,_ CCr?-r g~f-~'~u~e a- 17~ i'n r rr~ u 1'rz o ~. l ~Q~__J ~i 3~~e ~~~_ ...: _ , Oh /O TS Z ~. U. l~J Y'h!~ ~~ ° ~ Yhl°._ L'>!]-L?-.~?'~~~Y"~'/flt> ~'+'1,~ Cam, s ~; `~-v~e cc.. tT1 i h trn ufi o ~_ l lQp__ ~~"-',-~ ~-±eo-~, ----- ., ~ __. ------ Aff 5''JJP _~ ~ `f' +~'~- ry IcN' ~~O ~'E' ~) w-,rt.__ `~~P~. ~ om.+e /a-.-: c~~3;; -_ ~- ~li7nT~ ~~m~~ h01TI?r~_ _~D'rt-SlYUt_Ok?~9~-rJjfit~j~-l_ _ ~~ lC~ ~ S r'~S•-ih f~411~ 0.. ~csd!1 _~L~/ A.~i'~_.Q~_~~.~L'.S ~ 4'"="- ~ -,- - - t r4- 5 P/~: T" ~2.r~~-v7 oY SPIN 1+' ~y~e.,- ~fP'e ~o-»e. a,..id a.:, cGcul~iyn~- 6~seme.n"~- ~om'e. Gons~'uc~e~Dn /o-f-s /,3¢~`'S(tiw,~ F7CC.WE a._ r'7'~Lt e°, ~/dov a-~~c:. o~ Ctoa~ /e.~S r".ee-r1 ~'Z 5 S~.c,o1~r-~ ~W'~ ~a-52rn e,n T (1 a M~ Co-n s v a n ~ a Z o-.: // ~ 5 ~a.Q~ ~ve 2'. _ ,t' 1~ • ) not t<~ ex.c-c c;l two - and one-half ~~ . (2-1/2) stories in he.i,!:t, and a privat:u yarnc;e for not less than two cars. 1'he forcyo.Lny lrovisions :;h.:cl l not ex clude constru ction of a pzivate ~7reenLous~:, staraye unit, 1'riv.ctc swimming] pool or a shelter or port t:oi: the protection c,l such swimminy pool, or for the storage of a boat and/or c:rm}, i.ne.; Lr,,i.ler kept. for personal use, provided thaC th~~ locat.ion of su~•L structure is in conformity with the applicable muni.c.ipal regulations, and is compatible in design and decoration with the resiclr•nc•~: constructed on such lot, and has been approved9 by the Architoctur:cl Control Committee. The provisions of this scacCion shall. not be deemed to prohibit the riyltt of any homel.,ui.lcler to construct residences on any lot, to store construction materials and equipment on said lots in the normal course of construction and to use any single family residences as a :;ales of!:.ice or model. home for the purposes '~"";fir LQ_/~ a~~ Cl.r~~~y L-a-neo r,~-~ of sales in , trace YZ ~irc.. Ihu ~ ruund~fioor--ar-"~Z5°f-'a-arte~-: P"y~- - _ ~T __ 1 _~ ~ story dwelling, exclusive of open porches and garage shall ~no 300 n 1 ess than -~~ „luar,~ ir~ut.d'ov ~We~~t~~a. Cs•+ ~'~rvc~ra a~~,~oTS Si 6i7 B ! , In the case of a two-:;Cory dr+clling, the lower or ground floor level :;hall In' not. le:;r: t.h.ur IQpO square feet-. In the event of a u:ult.i-level dwell.i~, the nrca of the one-story rtion and the .;rca o[ the upl,or ]evcl"'t>f~thc two-story porti hall cons titutc a n.iniuwm of 1.3n0 s~luare feet.~9a.~split entry Ior split foyer t~~pc home and ;~ d:~yli.yht hasrment home shal main .floor area ol: r:oC lee>s Cha - .« ess than 9E0'sczu:trc~f oc.l. 1'urth~r, with rec]~t~'~uplex unitls, ach unit shall Ir;tve con:;truct.er`fi'-`f~-~y;i.rac;c for not less than two _ .. _. ars, unless oche=7:weo approved by the nrchitectu~a~Control -~~ omR, i t tee _ __ _ ___.___ __ _~... -4- '~ :ter--- ~ ,. • :. . ~ ~ . ,.•., ,,...r:.r - -~•, 2=.' ~ 4' ,a'/,., .~ .r+ ....v ~ w :,- .~ o. r r.., - 'y ~. . ~~. r'+'^': -r= i`=.-'ti <::,. ~ ~r{ f~i~` r~l':1. ' :i'73 ' 3+0~ x+' ~n 3.03 13uildinq setbar.ks. PJO building' shall be located y:.' on any lot nearer titan twenty-f.ive (7-~i) feet to the front lot line; nearer than twenty-five (25) feet to the rear lot line or , nearer than five (5) feet to a side lot line, on corner lots the ~' ,,'r4rl side yard shall bu a minimum of twenty-iive (25) feet on the side '~~ abutting the struo.t. Such building r;etl~acks shall be in effect with the exception of the following: A. All odd numbered lots as designated on the plat in Arabic numerals, and with the exception of odd numbered cornered lots, shall have a front setback of at least thirty (30) feet unless specifically waived in writing by the Architectural Control Committee. All odd numbered co rater ].o Ls shall have setback restrictions as set forth in Section 3.03 above. I3. 1'or the purposes of set:hack determinations all , lots which are bordered on one side by ~ public street and on an adjacent side by a cul-de-sac shall be considered corner lots. C. All lots which have a common lot line with the golf •' course shall consider such side as the rear yard and therefore no ~; ~'~~` structure shall be located within a thin y (30) foot rear yard ,r,' setback of such lot line, unless specifically waived in writing by the Architectural Control Committee. The Arc~l:itectural Control Couunittee, upon application, may in its discretion waive any viol.:rti.on of this subsection which it finds tc> have been inadvertent, provided the same would p. .R .{ not constitute a violation of local governmental ordinances. ~,t`. :i~~:{ 3.04 Easements. Easements for installation and main- ~~ ~+ tenance of utilities and drainage, and irrigation facilities are reserved, as shown on the recorded plat. Within these easements, "' .: M. no structure, fence, planting or other materials shall be placed. ~~rY or permitted to remain which may damage or interfere with the .r~~n { installation and/or maintenance of such utilities, or which may ~;. ,~ ;S }~ -5- ti ~-+r4. ..i.+.. t.'+-r i~ .:" ~ i~~ ~ ',. .. .... ~.~~..- ~It!~ ~ ~~Y':f. [ i ~~t7.r. _r-.,~j'.`Vr 'M./LM,. ~w~~~=1~IL`Y YI' M~,71. A..rY i'~.. .,~(~ .:.'7,:3 ' 368 chanye the direction of flow of water tlu'ough a drainage channel in the easements or which may el~sCrucL ur retard the flow of water through drainage channols in thc~ crrscments. The easement area of each lot and all itnhrovement_; in it shall be maintained continuously by thQ o~,aner of the lot e>:cept f.or those improvements for which a.public ciuthori.ty or utility company is responsible.. Easements to permit access for the standard play of golf during reyu.lar daylight hours on the golf course adjacent to the lots which aie subject to these restrictions are hereby granted and establi::hed. 'Phew acts shall include, but not be limited to, the recovery of golf balls from such lots, the flight of golf balls over anii upon such .lo Cs, the usual and common noise level created i.~y the playing of t:he gar,ic of golf, together with all the other comr,ion and usual activity associated with the game of golf. 3.05 Tcmporar~tructures. c.o structure of a temporary nature, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent. 3.06 Irr.i~~tion. In accordance with the provisions of Idaho Code, Section 31-3805, the Declarant asswnes no respon- sibility for providing wafer for irrigation purposes other than throuyh the domesCic system, and the purchaser acknowledges the following: A. That irrigation water deliveries have not been provided by the Declarant; 13. Thal. the purchaser of Cher tot must remain subject to all assessments levied by the irrigc~C:ion entity; C. That the purchaser ;;hall bo responsible to pay such legal assessments; D. That the assessments arc a lien on the land within -G- ,~; '; .' F ;~ -~ r,. ~ - i. . .~-~ sa.....-.11... ..~-... .. .: .. .a~ff'r .: ..-.~. r ~, ^3... ~.1 ~- ~c `. ~~ Y ~~y...:. ~~- l:rt-,.•~'~, ~.1~~'~r•'~•:/-.~"''.1....:A-'T*\'~f! '.1 _..'aw~~~' ~'.. ~. kwu...i.+.,~ra wuxl.:'1+:-r.. .~lui~Ya3~IW~ . 3'73 ' 369 '; ; • ~;:: the purvicti~ o!: LLc irrigation c:1:.iL~.• and as provided for by law; and F.. That ehe Ucclarar,t in n~~t row, nor will it be in the future, re~p.~n:: il,le for Chc ma int ~.•n.uu.c of any existing or future irrigaticnl ~,~•,,Ccw:,, canol.s, c,r pipl•, either running through rr , r .. rhA,-r7 r ' ~~ ~ ~ _ or way .indivil3u':l lot. 3.07 I'cncc~s. No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. Chain-).inlc fences are hereby prohibited on any residen- tial lot, excei.~t whr~re required by thct Declarant or any public agency in order to secure utility site:-~, .irrigation or drainage facilities or other public use ns dc~caned necessary. fledges er other solid screen planting may be used as lot line l.~arricrs sul>jcct t.o th~~ r~au,r• h~~irlht rc;lrictions as fences, provided, however Chat no such fence or hedge shall be permitted along r:he front of a lot or c3well.iny structure. Both 1~nccs and hedc,le:: loc•rtc•cl on the lot lines in common with the g~l.f course access to and frow the golf. en the lot line, and all fe and construction. No fence which is in cocunon wiCh the in height. . shall .include a gate for means of course and shall be erected directly nciny shall be of a grape-stake design or hedge intersecting a lot .line golf course shall exceed six (6} feet 3.08 i~ffensive activity. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon c:~hich may be, or may become an annoyance or a nuisance to the neighborhood. 3.09 Business and commercial uses. No trade, craft, business, professir,n, cormnercial or similar activity of any kind shall be conducted on arty lot, nor shall. any goods, equipment, -7- }.. t 1 -L~K.4w W..Ktl+u.'¢~rf,~,(~.rel.,'?'-.~..~:..1 ^ ; ,...:~ .~..,.1' 1...Yyi '-:: __ ~~.v.,"_ _-_ _ f..4_ ~~ .a 4 ;' ~-~~:~..~r - ~ ~ti..1-~... _.:: ~.. ,..a ~sca '1 ~i. -12.'2 .•'~.'~ T Y,t ~i ~f.",~-'.'Y' F~_ b.)° r.,/. ~ i..\.,.. ~ 571..' ~ ..ii.: .a.., : r !^'S .R~`rr'+*~ "+h- w.. .! .... we+t-+,Qr+!+-"~.. 1. a... ^ti,~"~"ny>SiN ~, ' ~ ~ 373 .3'70~'~'~;~~j ;~!..!. vehicles, materials or s>upplies used in connection with any `I trade, service or business be Y.ept or ,Cored on any lot, excepting the right of any homabuil.der. and Llw :~rclarant to construct residences on any lot, Lo store con ;traction materials and equipment on said lots and tho norm.rl course of r,riid construction, provided, . however, that nothing in these coven::nt.r r;hall prevent the Declarant, or any assignee, from tho construct.i.un ui and the normal business conduct connected with a clubhouse, kne~fcssional golf shop, country club, and/or related facilities, as a part of the golf course. 3.10 Signs. No sign of any kind shall he displayed to the public view rnr any .lot or improvc~m,'nt-, excel:t one professional sign of not more than s.ix square foot advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any lot by the owner, or placement of a professional sign by the Uccltu ant, which must comply with the local sign ordinances. 'this restriction does not apply to signs Used by tl;..' huildcr:; during tLc• construction and sales 3.11 I~arki.nct. Parxinct ni Lunt:, trailers, motorcycles, trucks, truck-ccunpcrs and 1ik.e cyui.inncnt- shall not be allowed on any part of any .lot or on 1?ublic w+r'y:; adjacent thereto excepting only within the confines of an enclc,sed c.larage, storage port, or behind a screenin~l Lance or shrul~Lery which shall in no event project beyond flee front walls of nny dwelling or garage. 3.12 Animals-. No animals, livestock or poultry of any kind shall be raised, bred or }:cpt on any lot except that dogs, cats or other household pets may be kck,t: provided that they are not kept, bred or maintained for any commercial purposes. 3.13 Trash or rubbish. No ].ot shall be used or main- tained as a dumping ground for rubbish. Trash, garbage or other Y waste shall be kept in sanitary containers and out of public view. All incinerators or of.hcr. equil-~ment for the storage or -E3- ~,.. ~'... ~.•v ~'-'.+.'~,r .'\.• ,:~~~ ~ ~..•-; .. i.Y,-.r~• --~!".~'-.I Y'S.~"f.~~AIF ''d"l" ~'ty.'."+~'~Atzkn +u.yF ..,t ~!~~}~.-1`9 ry H~ •/ V L disposal of such materials shall be kept in a clean and sanitary condition. 3.14 Construction complcCic,n. Construction of any dwelling shall be completed including e.:tcr.i.or decoration within .3'71,.• 'r':~~ eight (8) months from the date of fhe alert of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris, and thu grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 3.15 Landsc~~c con~rletion. All landscaping must be completed within ninety (90) days from the date of occupancy of the residence constructed Chercon. Iluw,.vrr, all lots abutting . the golf course must be sodded and such sodding must be completed within forty-five (d!"i) days of the ccxuplution of the residence, unless otherwise al>I,roved in wriCin~l by the Architectural Control Committee. In tL~' event of undue }rardship due to weather condi- tions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Control Committee 3. 1G Antennas and service facilities. Exterior antennas shall not be permitted to be placed upon the roof of any structure on any lot so as to be visible from Ll;e street in front of said lot. Clothes lir,,~s and other f.aciliticr, shall be screened so as not to be viewed from the street. 3.17 Trees. L:ach builder, or property owner within forty-f.ive (4S) d.rys from the date of final yard grading of the residence, shall ulant at leasC two 1-1/2 inch caliper, five gallon ornamental trees adjacent to the street right-of-way in the front yard. In the case of corner lots such trees shall be planted so that each side fronting on a street contains at least one tree. Such trees shall he placed in a manner equidistant from each other and from the adjacent lot lines, unless otherwise approved in writing by the Arc.h.itectural Control Committee. -9- 'tf: ~. . '~' i. I r .;.~ ., ;~,i, '..Cr~J..T~ ) J ~ , ~ ~ M'.I l 1'S.w~ nT _ 't. 1~/( ~ ~ _ '1 ... '1`„~w ti. 1~r.1. .P ." • .. ~ ..I 1 - ~y . ~ ~~r( . ~. ... +1-.,~ ~ . ~nr.\..~n ni'• 1 .!1 SIT O/V .1~~. ~ ~4'y A Ql~~j'~~~ ~) \ ./~.L.1 ,~~`I~~ ll ~ ~ t ~ y ~ ' '` - ~ f }• ~r~ w : l .,l. . M ^'T~~/ ~TS~~~== 3. 1Q 1;'a ter suE1~1~~. P:o individual water supply system shall be permitt:cd on ani~ res:irL`nCinl .L~~t. 3.19 E:;turior finish. 'i'lur c~xtcrior of all construction on any lot shall be de:;igned, built, and maintained in such a manner as to blrr;cl in with the nat.ur:cl ,urroundings, existing 'I't,c ~ake Q~ Cl,~<~~r ~r~ structures and lan,i~;capiruj within e. Exterior colors shall be of the flat, non-ylo:;s type and shall be limited to subdued tones. Exterior colors must be approved by the Archi- tectural Control Committee in accordance with the provisions of this Article. L•'xterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior fini~;h of garages and other accessory buildings shall be des.iync~<1, built and maintained to be compatible with the exterior of the ~;CrucCUre they adjoin. 3.20 I;~otiny. only shake i.,- file roofing shall be used on any structure constructcrd on .:r lot unless approved other- wise in writing, Ly the Arclritar,Cural Control Committee beforehand. 3.21 1'~u'd lic7hts. Upon ce,nq,letion of a residential structure a yard light shall be installed in a location not more than seven (7) feet from the inside of the sidewalk, and adjacent to, the driveway of such premises. ::u.id yard light shall be of a standar3 six (6) foot height and the location and type shall be shown on all plans for construction of each particular structure, and be subject to approval, as submiCtod to the Architectural Control Committee h~ursuant to §4.04 herein. - ARTICLL•' IV ARClIITL•'CTURAL CON1`ROL COMMITTEE 4.01 ht_~mbershi1~a _a~pointment_and removal. The Archi- tectural Control Committee, here.inaf.tcr referred to as the Committee, shall consist of as many pc=r.sons, not less than three, as the Declarant may from time to time appoint. Declarant may . remove any member of the Committee from office at any time, and may appoint new or additional members at any time. Declarant -10- :.+ ~; .., ~ ~,' _.. __! _. - ..... -Y .J) Iy..{/ q.. ~/~'<... P1. i.~ .. I.. ~ ;.. / i.., ,Z .,. C r ~"`. ~: '. t.~, l' ;: . c,._, ::~~`~ "~ 3'7;3 .3'73 "~ ~, ~, •;, shall keep on file at. its L~rincipal office a list of names and addresses. of mc~,nbcrs of the Cornui.LCr~t. 'fhe powers and duties of such Committee shall case in one ;•ear, or prior at Declarant's sole discretion, after completion of construction of all the single family dwellings, and the s.~lo of said dwellings to the ' ~~~ initial owner/occupant on all of the! Iw.ildiny sites within fherry (; hw.Y r~ La.ti~e ~! and properties subseducntl.y annexed thereto. 4.02 Procedures. In the event the Committee fails to ~, ' ~I approve or disapprove within 30 days after plans and specifications I i:. ,1 have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be rcquirod and the related covenants shall be deemed to have been fully complied with. 4.03 _'~ct.ion. Except as otherwise provided herein, any { t•.~o members of tho Architectural (,'ontrol Committee shall have power to act nn behalf of L-he CortuniLtec, without the necessity of meeting and without the necessity of consulting the remaining i ~'.:~ '.: i members of the Committee. The Committee may render its decision •; only by'~arittcn instrument sctCi.ny I'ur:h the action taken by the members consent.inq thereto. 9.04 ,~~roval of pl.nns_hi Architectural Control Committee. No building or structure, including swimming pools, animal runs and storage units shall be coa:rneneec?, erected, placed or altered on any lot until the construction plans and specifications, and a „,l'i plan showing the nature, shale, height, materials, colors, together, G I" with detailed plans showing the proposed location of the same on ' ;. the particular building site have been submitted to and approved in writing by the Committee. All plans and specifications for approval by the Conunittee must be submitted at least twenty (20) days prior to the proposed construction starting date. 4.05 Nonwaiver. Consent Uy the Committee to any matter proposed to it and within its :jurisdiction under thr_se -11- ..: „ .ice/:3 .., ; :,H',;; s 74 ,, ~y~e l ;i covenants shall not be cieemec! to con•;r.iluCC a precedent or waiver impairing its rights to withhold approval as to any similar matter ,thereafter proposed or t:uli:nitteel to it for consent. 4.OG Lial~iliL1_. Ncithc~r the Cucmnittce nor any member thereof shall be liable to ^ny owm~r, occupant, builder or Decla- rant for any dam:ulc, loss; of !~r~rjuclic•r nutfercd or claimed on account of any action or failure: to act. of the Committee or a y, member thereof, provided only that th,_ cumber has, in accordance with the actual knowledge possessed by hi.m, acted in good faith. ATt'f ICLI. V GliNliRAt, YROVISTONS S.O1 Term. These covenants shall run with the land ;ir with res ect to all pro ert within Y~.e ~~`~~ l~nc.v~,~~, !s. ,,E P l P Y `~''"""'1 T "•'~' and any subsequently anne:.ed properties and shall be bi.ndiny on all parties and all persons claiming under them until amended or evoked. in the manner provided in 55.08, I1.~I` 5.02 Sevcrabili~. Tnval.idation of any one of these covenants by judgment or court orclc~r sfn11 in no way affect any of the other l:,rov.isions which shall rewain in full force and effect. In the event the provisions of these covenants are declared void by a court by reaon of lhc: period of time herein- stated for which the same shall L,e efCect.ive,~then in that event such terms shall be reduced to a period of time which shall not i violate the rule against suspension of alienation as set forth in the laws of the State of Idaho. 5.03 Standin~c. Should ar.y person violate or attempt to violate any of the provisions of these covenants, the Declarant, ' `tli;'~ '~, -12- i ~i 3"'ra 3t. rk +.~ ~ 1,". ..-.i i r L• ../..a .`v 1, t. .!!ytp ~.~ ors- ~ r -- .. .,, .,.~, ,\. h'.r ~ fit.., h m 1'i~ )r".. ~ ct v f t ~. a.,y K, N ~ ~ aY . .' i ./~ r .. .. .. ..~ irk ,. yip • ..tr r~,r..,~',rfi1 . 'rS r~ ~ f~tyi.(S~~IC ..i'7~s ~ J 7J ;,r..~ ~~ ; Y~~ or any other person or persons ow~ninq any real property embraced , within r_he plat, at its or their out.ion, shall have full power and authority to prosecute any prococdings at law or in equity against the pcr:son or persons violating or attempting to violate any of the said covenants, either to prevent the doing of such or to recover dammlcs sustained by reason of such violation. Should the Declarant emt~loy counsel to enforce any of these covenants, conditions or restrictions, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and the. Declarant shall have a lien upon such lot or lots to secures payment of all such accounts 5.04 Effcct_of breach. The breach of .any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgago or deed of trust made in good faith for value as to any lot or lot.n or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or ~,~as acquired by foreclosure, trustee's sale, or otherwise. 5.05 Delay, tJO delay or omission on the part of the Declarant or tlrc oo-rners of other lots in the properties in exer- cising any rights, power, or remedy }iercinprovided, in the event of ,any breach of the covenants, conditions, or restrictions hereincontained, shall he construed as a waiver thereof or acqui- esence therein, and no right of action shall accrue or shall any action be brought or maintained by anyone whatsoever against the Declarant for cr on account of the failure to bring any action on account of any breach of these covenants, conditions, or restric- tions, or for imposiny restrictions herein which may be unenforce- able by the Declarant. -13- 1F• ~' Val.,,. 1 ~ ~- , \'- ~ ~` H7'. t:~. ~ :~:•, i ~ • it Y 1.. '.'.~L..T ~C '~.~5 .. 1L 4.. ,... ..: ,...t ..~~?l~wh v~I i) :~17 s 5. 0(. 1:x Cent of rc•mi•.lir•:, and restrictions, are cuunrlat.i.vc', 'i'I~ese covenants, conditions nul alL ramcdie: provided herein for bra acir arc in :uklit.ion tc~ any rising remedies provided by local or staCC laws., anal nc>t in li~'u thereof. 5.07 Aphiov~tls. Approva] h.~ ,~ city or county governing board, vested t:'.ith the responsibil.iC}~ of reviewing planning and zoning having jurisdictions over this ;:ubdivis.ion, of an appli- cation made by tl~e Declarant whictr is in conflict with any cove- nants, conditions or restrictions of these Covenants shall in no way affect or invalidate these Covenants, but these Covenants shall remain in full force and effect, and subject to enforcement and remedies for violation h~'rcof, subject to the right of the Declarant to change thr_ land use designation as provided in Article II herein. 5.08 Anx+ndment and repeal. 'Phc:se Covenants or any providinn thereof, as front time W Cimc in effect with respect to ~rF-)4rl~e a~ ~~.,~vey Ca.l~~e all or any part of ~--~„~T3~la.r.,~-~,H~_Subdivision may be ~ amended or repcalecl only by duly recording an instrument which contains an agreement providing for termination and revocation or amendment which is signed by the Owners of not less than seventy- five percent (753) of L'he Lots. IN wl'1'NL'SS WIIERL•'OF, the Declarant. caused its corporate name to be s ubscribed by its c__'____ this ;ifiith day ~'i / Dy ~ Jir,~ -19- .~, tl w• ~`~li.°1.:~~._?'w..{~ ~ i - ~ {,.. h:r'.+~-,;ei^ ~y' ~ ~.,~ qt,.. ,r..'P::• 1 :.,'++~''K'4:. r~a~ ,/-~r ~ J\. -.rT''~' .: ''^t:' ~c '. x ,. I,.' T:•~ q' r.rL".^~~:` ••cT.=''Y'~ln.;~.~ 11 ltt}, aA Y... t.w.. y.. Lw,~ ' •~o4'^P.".M~'`.•.'"4~..V.r ~ ' ..tr~~ _. ..~'.Fi !w . ~•-~.: T I. STATC OF t County of ~'! .;:s . ' ^'.. /. ~.~'' , ~'I x'7:3 ' 3'7~ ' ' i on thi • day i>~r5orally al~~.,A~,irrc before me, kWl-rG, (~-r~~~ ~ei~-d~~ /F5c-he+ ~^ ~ "A ~ ~ ~ N/~,~ry ~'-- ccyry to me known to be the indivi-duals ~lescri.bc~l hcr~~~in ~+nd who executed the fore- ~~ going' instrumcnc €e~t€~1s~-P.iea~ie E~ +a}::.r,=Tr•~,•ae-~ and acknowledged that they signed the same as Lhci:' :rc:~~ ..-end voluntary act and deed, for the uses and purposes the::ain nr:~ntiuned. Given under my hand ,uid ui iicial seal this r~iiMr day of - 19~. ~= A N 51/, 11. -15- i Y, sJ, _ 1;'/~w. ~.\~A- s.r .-.rte' -,J :41`4- -~..a ~..1~ ~i.Y!~'~{'.Jw ~-. if„ . w. ~1 .,'~+wiY ` ~ _ YT.. p !'rf_ ' ~ L .~'l,'t~~ ~..M\ ~ ~ ~ Ste." r; ... :+~w-.Y o.~.'Y .r{ ~. s _ j5..nt.Yn. • .~ A. 1.4,'7 i~:, i. /"" ), re~rn o: ~~any lJA ~., 98009 --- Notc+ry, }'ublic in and for the State of __ _Hrrriem_ _, Residing at: -i~erlfierte} Fty connuission expires: 6q~8g~-- Ft ~:ari~_1ia.r-~, I~dt+.h~; ;..:~;E:.3:: • I~:i~-i <:~.r~d ._=:=_.t. _.rt~our-rt.s> fc~r- The L<iH.~~ a. t. Cher-r-:.• L~.r-~~ ha ~:~ . 1 ~ .4_14_1 L_i , L_i L LOVELESS ENGINEE~G 1704 North 32nd Street BOISE, IDAHO 83703 J (208) 342-7~2f98 / TO C < T'l~ ti ~ 1 " ('t%'~t O 1 Q.. rZ ~~~~a ors ~aa~~~o~~a~ ~~ o T1'r4. GENTLEMEN: WE ARE SENDING YOU ^ Attached ^ Under separate cover via_ ^ Shop drawings ^ Prints ^ Plans ^ CI Copy of letter ^ Change order ffl./s2 the following items: ^~ Specifications COPIES DATE NO. DESCRIPTION __ THESE ARE TRANSMITT-ED as checked below: ^ For aPpwval ^ Approved as submitted or your use ^ Approved as noted ^ As requested ^ Returned for corrections J For review and comment C ^ . C FOR B I D S DUE _ 19 ' ` j ~ / -- / , REMARKS ~ ~-~-Ia Se~~i i ~~1~'~-s r 7- ._ ~ A I nU _ ^ PRINTS RETURNEDLAFT~E/R' LOAN TO US ~. DOPY TO SIGNE FORM 2ao-2 Hueneme tram ~~inc.. cmron, mass. olaw If enclosures are not as noted, kinCly o[ify us at once. ^ Resubmit copies for approval ^ Submitcopies for distribution ^ Return corrected prints HUB OF TREASURE L'ALLEI' • A Good Plac~to Live OFFICIALS JACK NIEMAN N, City Clerk CITY OF MERIDIAN A. M. KIEBERT, Treasurer RICNA RD D. NICHOLS. Chief o(POlice '('f,$ McTldlBn Street BRUCE D. STUA RT, Water Works, Supt. WAYNE G. CROOKSTON, JR., Agorney MERIDIAN IDAHO EARL WARD, Waste Water Sept 89892 KENNY BOWERS, Fire Cniel Phone 8889933 GRANT P. KINGSFORD Mayor September 6, 1984 Mr. Kent Barney 2375 North Ten Mile Meridian, Idaho 83642 Subject: By the Lake Subdivision Sewer System Dear Mr. Barney, COUNCILMEN BILL BREWER RON ALD R.TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPE NCER Chairman Zoning fl Rlanning The sewer system for By the Lake at Cherry Lane Sub- division has been air tested and visually inspected and can be accepted by the City of Meridian Waste- water Department for maintenance and operation. The standard one year warranty by the contractor would apply. If you have questions concerning the system, please contact me at 888-2191. Sincerel , GyP%~l Earl Ward Wastewater Superintendent City of Meridian, Id. pc: File City Engineer Council Myers CENTRALSTRICT HEALTH ~RARTMENT ENVIRONMENTAL HEALTH DIVISION r-- ,.,II~, Ada County Boiae County Elmore CouNy Vnlley County 1455 N O:cnartl 1456 N O:fh :~I ~ - H ..v.. a P ~ ~ ... ..i Crnl qr Ihr } noise.;D 83706 nose. In U3~Oli ±90 ~ a n cast M < I , v 6P.8 315-5211 3]5-5111 Mounlem Home .D B:i6:' Lid ~ :q.l •'nbrp ¢'~ ui . SB1-9225 Il,:nc July l2, 1984 ,~„ 1 :.n:er Mr. John Bastida Ada County Kr~cordor 650 Main SCreet Boise, Idaho 83702 Re: By the Lake at Cherry Lane Dear Mr. Bastida: Central District Health llepartment., Environmental Health llivis.on, has reviewed and can approve the final plat on t.h-is suhrli.vsion for central. wnC.cr and central ~~r~wer fncilil iron. No lot size may be reduced without prior approval. of the health authority. Sincerely, ~y CL~L'I-t'/.~ ~ t70Cx-c.-~.~ Nancy Goodell, E.H.S. Sr. Environmental. Ilcalth Speci;3lisC cc Loveless '?ngineering Meridian City 11.11 -City Clerl: Ada Counly Building Dcporanu~nl U.S. llepartmcnl u! IIl1D Tom'Purco, Di rocCor of I~.nvironnu~nUll Ilrallh N(./ha ~~~~~ ,'~ ~~ ,~-~'~~ ~ ~~.r .-~ ~~ LpVEL,E.S~~G ~~eers a~ ndL~'d Su~~~ Civil En9 • July 20, 1984 Nancy Goodell, E.H.S. Sr. Environmental Health Specialist Central District Health Department 1455 N. Orchard Boise, ID 63706 Re: Revision to The Lake at Cherry Lane Dear Ms. Goodell: Please .consider the following information as soon as practical for you and write a letter of approval to Mr. Bastida. I would hope to have this plat recorded as soon as possible. The enclosed bule line prints show the revised plat for The Lake at Cherry Lane. The lot lines of Lots 8, 9, and 10 are the only lot lines affected by this revision. Lot 9 will be transferred to the City of Meridian's ownership to preserve the integrity of the golf course hole that is south of this subdivision. The lot line of Lot 9, co~non to lots B and 10, marked in red on one blue line print, is the north edge of one hole in the Cherry Lane Golf Course. Lot 9 will not, under this subdivision plan, be sold or used as a residential lot and public access from Sea Island Court will not be provided. Lots B and 10 are and were intended to be sold and used for single family residential building lots. The lot areas of Lots 8 and 10 were decreased from 11,485 square feet and 9,602 square feet to 9,280 square feet and 6,793 square feet respectively. The lot area of Lot 9 is increased from 12,907 square feet to 15,921 .square feet. In addition, the public utility easements along the public street .right-of-way was increased form 5 feet to 10 feet wide as per request by the utility companies involved and approved by the City of Meridian. If you have any questions that I have not explained or answered, please do not hesitate to contact me by phone. The developer, City of Meridian, and I would Greatly appreciate your assistance. :- ..- _ ,._- 3330 Grace Street Boise, Idaho 83703 • (208) 342.7298 y~ • page 2 I wish to assure you that the City of Meridian is aware of this problem and wishes it's quick resolution. Thank you for your time and consideration. Sincer~Jel~yoG,~~"!_' Keith L. Jacobs, P.E., cc: Jack Niemann, City of Meridian eno: as stated F TREASURE VALLEI' • • UB H O A Good Place to Live OFFICIALS COUNCILMEN JACK NIEMAN N, City Clerk CITY OF MERIDIAN BILL BREWER A. M. KIEBERT, Treasurer RONALD R. TOLSMA RICHARD D. NICHOLS, Chief of Police 728 Meridian Street J. E. BERT MVERS BRUCE D. BTUART, Water Works, Supt. ROBERT GIESLER WAVNE G.CROOKSTON,JR., Attorney MERIDIAN, IDAHO EARL WARD, Waste Water SUpt. 83842 BOB SPE NCER KENNY BOWERS, Fire Chief Phone 888.9493 Chairman Zoning 9Planning GRANT P. KINGSFORD Mayor T0: Mayor Grant Kingsford FROM: Gary D. Smith, City En DATE: July 18, 1984 SUBJECT: The Lake at Cherry Lane Subdivision In accordance with your instructions, I have made telephone contact with Ada County Highway District and Central District Health .Department concerning adjustment of the Southerly boundary of subject development. Their comments are: Ada County Highway District - Allan Samuels, P.E., Desiqn Review Engineer: It will not be necessary to resubmit as long as street design/ alignment does not change. Please provide a copy of the new plat for our records. Central District Health Department - Nancy Goodell: If the City does not require a new signature sheet, the plat does not have to be resubmitted. Please provide a brief narrative (letter) as to what happened, along with a copy of the revised plat front sheet_ It doesn't appear that there will be any agency problems as long as they are kept informed and provided with copy(s) of the new plat front. GDS:mz OFFIO14 ~6 '~CK NiEMgNN Cny Clerk A v MiE BERT. neseure• RICHARD G. NIC rO:S C~let of Police BRUCE D 6TUA RT, We~e• Worke. 6upt 1KA5NE G CROON6TO N. JR.. At mrney EA R~. W 4R C. Weete Wet er Supt K EN Nr BOWER6. Pve Onlel July 3, 1984 • HCB OF TREASURE VALLEI' • A Good Place to L1ve CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 PAOne 888-6133 GRANT P. KINGSFORD Mryor Ms. Nancy Goodell Central District Health 1455 No. Orchard Boise, Idaho 83706 r Subject: By the Lake at Cherry Lane Subdivision. Dear Nancy, COUNCILMEN BILL BREWER RONALDR TOLSMA J. E. BERT MYER6 ROBERT GIESLER BOB BPENCER Cblrmen Zon~np 8 Plenninp The minutes of the Meridian Planning & Zoning Commission dated March 12, 1984 refer to the above subdivision as At the Lake, Cherry Lane Village #2. This reference was ir. error and these minutes were corrected at the April 9, 1984 meeting to reflect the correct name of this subdiv- ision to By the Lake at Cherry Lane. (see copy attached) Sorry for the confusion, hope this letter will serve to correct the discrepency. Sincerely, Jack ~Nihman~`°° ^~- City Clerk pc: Keith Jacobs File Meridian Planni Regular meeting of the Meridian Planning & Zoning Con¢nssion called to order by Cnairman Bob Spencer at 7:30 p. m. Members Present: Marnell Chenowith; Jim Johnson; Walt Morrow; Jim Shearer; Members Absent: Moe Aldijani Others Present: Gordon Leishman; J.W. Gibbs; Max Steinbach; Wayne Crookston Jr.; Jack Niemann; 9 Minutes of the 3-12-84 meeting were approved with correction to Item #4, from At the Lake, Cherry Lane Village #2, corrected to read By the Lake at Cherry Lane. Minutes of the special meeting held 3-19-84 were approved as written. Item 1 Preliminary & Final Plat: The Willows Subdivision Wayne Gibbs, JUB, was present representing the request. Gibbs discussed the hammer-head turn-a-round, and told the Commission that the Fire Department and Sanitary Service had been contacted regarding the hammer-head turn-a-round and had no problem with it. Gibbs also said that the hammer-head has ACHD approval. Gibbs said that he has gone over the City Engineer's comments (Gary Smith) with Smith, and that there is "no problea with them." Gibbs told the Commission that there have been provisions made for Willowbrook to continue to the North. There was discussion concerning the new Ordinances and Codes that may go into effect before the request is heard before the Council. (Tape on File - City Clerk's Office) Chenowith questioned as to if they would be willing to conform to the new Ordinances and Codes. Gi.bb~ said t;~at he is not familiar with the changes, but what he does know of them, there would bc- no Fs oblcros. S_~;er~cer pointed out that the frontages do not comply with the changes. Gibbs co;n~iented that the sewer and water would be brought in from the North. The N,ot.ion was made by Jim Johnson and seconded by Walt Morrow to recommend to the City Council approval of the Preliminary 6 Final Plat for The Willows Subdivision. Motion Carried: Chenowith, yea; Johnson, yea; Morrow, yea; Shearer, yea; Item 2 Max Steinbach: Input or. Possible Annexation of Farcel on North 10 Mile Rd. • ' • HUB OF TREASURE VALLF.} A Good Place to Live OFFICIALS JACK NI EMANN, City G~erk CITY OF MERIDIAN A. M. KIEBERT, Treasurer RICHARD D. NICHOLS, Chiet of Police 728 Meridian Street BRUCE D. STUART, Water Works, Sypt. WAYNE G.CROOKSTON,~R., Attorney MERIDIAN, IDAHO EARL WARD, Waste Water SUpt. 83642 KEN NY BOWERS, Fire Chief Phone 888-4433 GRANT P. KINGSFORD Mayor June 27, 1984 Mr. Keith Jacobs, Jr., P.E. Loveless Engineering 3330 Grace Street Boise, Idaho 83703 Dear Mr. Jacobs: Re: The Lake at Cherry Lane Subdivision Meridian, Idaho COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MVERS ROBERT GIESLER BOB SPENCER Chairman Zoning 8 Planning The subject project is within the boundaries of the City Urban Service area and the City of Meridian can provide sanitary sewer and domestic water service for this development. Sincerely, CI OF MERID~IA~N ~j,/~ Gary D mith, P_E. City Engineer GDS:dp cc: Nancy Goodell bcc: Meridian City Clerk HUB OF TREASURE VALLEI' • A Good Place to Live OFFICIALS F MERIDTA JACK NIEMANN, Clty Clerk CITY N O A. M, KIEBERT, Troeeuror RICHARD D. NICNOLS,CMef of fbllu 7l$ Meridian 'Street BRUCE D.6TUART, Water Workn. Supt. WAYNE G.CROOKSTON, JR., Attorney MERIDIAN, IDAHO EARL WARD, Weete Weror Supt. 83848 K ENNY BOWERS. FIro Cnlsl phone 8884433 GRANT P. KINGSFORD Mayor June 7. 1984 Mr. Keith Jacobs, Jr., P.E. Loveless Engineering 3330 Grace Street Boise, Idaho 83703 Dear Mr. Jacobs: Re: The Lake at Cherry Lane Subdivision Sewer, Water and Street Plans COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERB ROBERT GIEBLER BOB SPENCER Chairman Zoninp d Planning Your revised resubmittal of the subject plans has been reviewed and found to be in conformance with the City review comments. Please send two additional prints of this revised plan to me for forwarding to the Meridian Water and Sewer Superintendents. It is my understanding that you need to arrange for a preconstruction meeting with ACHD prior to commencing construction on-site for trenching and street improvements. Please keep the City advised of the schedule for this preconstruction meeting and submit "record drawings" of the sewer and water installation to the City as soon as possible after each is completed. Sincerely, GDS:mz cc: Mayor and Council Bruce Stuart Earl Ward RIDIAN ~t ith, P.E_ City Engineer CI OF ME ary D. m HUB OF TREASURE VALLEI' . A Good Place to Live OFFICIALS D A JACK NIEMAN N, City CIeA CITY OF MERI I N A M KIEBERT,Troaaurer RICH ARD D-NICHOLS, Cnlel of POllu 728 Meridian Street BRUCE D. STUART, Water Worke, SuDI. WAYNE G. CROOKSTON,JR., Attorney - MERIDIAN, IDAHO EARL WARD, Waare Water Supt 83642 KEN NY BOWERS, Fire CNel PDOae 888-N93 GRANT P. KINGSFORD May 7 , 1984 Mayor Mr. Keith Jacobs, Jr., P.E. Loveless Engineering 3330 Grace Street Boise, Idaho 83703 Dear Keith: Re: The Lake at Cherry Lane Sanitary Sewer/Domestic Water Plans Review COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOBSPENCER Chairman ionin9 6 Planning The plans for the subject project have been reviewed by myself and the City Water and Wastewater Superintendents and found that they can be approved subject to the conditions shown on the red-lined sheet herewith attached. Most of the comments are self-explanatory; however, if you have any questions, please don't hesitate to call. Please return the attached red-lined plan to me with your resubmittal. As I mentioned in one of my notes on the plan sheet, it would be less confusing, on your next project, to submit a plan for the sewer/water improvements and a plan for street/storm drain/irrigation. All of the construction details for the water and sewer system materials and workmanship shall be in accordance with the City of Meridian Standard Specifications and Drawings. Sincerely, CI OF MERIDIA'N~ ~ ~~ ~~ ary D~ilith, P.E. City Engineer GDS:ss Attachment cc-: Monte Marchus, P.E. bcc: p)w ~„Cgt~c~i Bruce Stuart Earl Ward VE~ESS ~n9 ~~ nd find uNeN°rs Ciuil Mr. Jack Niemann, City Clerk 728 Meridian Meridian, ID 83G42 Dear Jack: March 29, 1984 Re: By the Lake at Cherry Lane Today we sent a copy of the legal notice and a copy of the vicinity map in accordance with City Ordinance No. 3G5 to the following property owners: Franklin Service Corporation 2611 S.W. 3rd Sp. 303 Portland, OR 97201 Lots 35-18 Block 9, Lots 20-24 Plock 9, Lots 1-3 Plock 30, Chesley A. Davenport 2145 WoodmonL Drive Meridian, ID 83692 Walter Milner 2190 Turnberry Way Meridian, ID 83G91 Lot 19 Block 9 Lot 6 Block 11 The return receipts are addressed to return to Meridian City Clerk. Enclosed please find a copy of the vicinity map and notice sent to property owners. Sincerely, Keith L. Jacobs, P.E. enclosures 3330 Grace Street Boise,ldaho 83703 (208) 342.7298 ~ - li • NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to Ordinances of the City of Meridian, and the laws of the State of IdahoC," that a hearing will be held before the City Council of the City of Meridian, at the City Hall, 728 Meridian Road, Meridian, Idaho, at 7:3~ o'clock p.m., on the 16th day of April, 1984, for the purpose of reviewing and considering the Preliminary and Final Plats of the subdivision known as By the Lake at Cherry Lane, which is adjacent to Cherry Lane Village No. 2 north of Cherry Lane bete~een Ten Mile Road and Black Cat Road, and is more particularly described as follows: A portion of the SE 1/4, Section 3, T. 3N., R. lk'., B.M., Ada County, Idaho. an d NOTICE IS FL~RTHEP GIVEN, that a hearing will be held pursuant to 9-615 at the same place and time on said date to designate the minimum house sizes that may be constructed on each lot of said subdivision, By the Lake at Cherry Lane. Any and all persons intereste3 shall be heard at said meeting. DATED this,~~~ day of 1larch, 1984. III 4ueNOSE F RIGEA~:O { eilOOKSTON •tltMMyF ~n0 (,q~nMlon -O b. K` Mv~Qwt IWnC p{17 T~NpM+N ~M{1 ~ ~ ~. . ~ .~~ .1. -s. ,~ . S 4 ~ 3 2 ~ 3 ~ 11 ~ -~ S 2 4 I T°,o 'Q ~0 < 9 z P 3 r 1 w 8 J 4 ANE 2 13 14 1S 16 17 IB B ~ IG b 11 8 gTANwI~ ~ 9 IS K i0 11 t2 i 23 ht7.,_ ~ 2 \ ~ 4 S7 NT 8 0 ^ es , q rQ v 17 `, _ ~ 3 \ y ~ ~ - 49 14 v' 2i 6 ~ 4 ~~ S 63 ~ ~1 60 T6 ~' _6 S ~ 9 ~ ® 6S ' 4 \ . d ~ 7 V1P \ - ~+~ n ~ 3 ~ . .7 T. - .. S~ ~-~ - F4~53 SU9 Jiyc+BER~ 2 S 7 6 . 67 ~ \ 1 ~ ~ S e ~ 40 S ~\ M 69 - 4 47 f ~. I ~. $ <Z 10 3 ,~ 11 x`44 NE P 1 t . ~, z 4z ~ ~ ~. ~ ~. xq u ` al ~ GA' to 40 ;, ~. ` I . yy~~ ' a .40 P 39 ., _ .18 ' ' ~ C ' ' C • ~ ~ ~ ~ >; ~.J . _ S ~ '1' ~ ' ~ e~ ~ ~ ~ D6, ~ve r Ee ~gi "p ~Y µ ~ ~ - N 13 .~ c . 3~, ,. i.. _~ , . ~ 7 6 b6 ~ ]0 1 P ~ 1 5 4 ~ 12 tt = 11 r~ a a ~~ ~~'~ - • t7 . J~ ~ sa a ~ ~ ~ ~ • ~ ? O ~S~ridiar, Plar.ninc b Zor,ina 2. .____-- --- ._.<_--------- 1--_-- -- - Item 3 Crestwood Industrial Fark - Freliminary & Final Plat 12. 1984 h;r. G1E.nr: was present representing Crestwood Industrial Park. Glenn explained that in putting Crestwood Industrial Park on the market it was discoved tt:at no p'at was ever filed, and it is basically an i~.<~a_ suhdiv~sicn. _ .,-,atY., C_t~ En,c_neer, co-~;:er,ted: . , ~ ~ `: e:=.-_ ~:ace s'~~~+r. or, plat shall conforn, to the existing recorded se ~^ts. _. ..~_, _, -.<~ ~= eacY- parcel must be sicnatory to the certificate of _. .. <,~::-ode _ _at. 4. ~ i,r~,.t_ .ec eecri r~or.s of each parcel sold to compare to ]ots _ ~.,.., ._ o:. uat. -'+ ,.~ r c -v: ~:°~,r and w ter syste:r in subdivision. C;e:r -~ ~ha~ none o t`,e=~ ~Laents was o proY,iem. The ^ ae made b-• r,sor_ and seconded by M::rrow . to reco;nmend to the ___ Cit;~ ~~~*~- - .~,e~_ _ ch^ prciiminary b fir,ai plat for Crestwood ~•; `__ _.. Carried: ~s.e::c~•ith, yea; Johnson, yea; Aldi-ani, yea; ?;-;,-row, yea; Shearer, yea; ~t~- 4 ~.t tt.e _,a~c-, Chou}' lane Village $2 - Freliminary S Final Plat ?:er.'.- &arr,c~ ___. - - i , ;•.r. f,arnci aras present re0uestrng approval of the Preliminary S Final Pleat. fo: At the Lake., Ci,erry Lane Village #~, and also a variance on the desi~snation of square footage of houses. Chairman Spencer reported that he had spoken to Fire Chief Bowers who was concerned with the elongated lots at the ends of the streets, (Lots 9 E 5), as tc access to the homes in ar. emergency. .i;cre ~,as discussion. (Tape on File) T;:ere was discussion regaring the "T" turn-a-round. (Tape on File) fian;ey told the Commission that ACHD had approved the Plat as it now stands. Gary Srnith reported that it was his understanding that as of the present, ACHD was not approving the "T" turn-a-round until such time as more research could be done. Smith had the following comments: 1. Submit letter of approval from ACHD for use of "T° turn-a-round-.- -- 2. City Ordinance requires 60' right-of-way unless a variance is granted. Add to note #3 that the easement (5') is to be used for public right- of-way. ~ *-id ~ _T'la nc b ~ ninc 3. Itei:. 4 - At the Lake, Cherry lane Villaye ~2 Cont'd Gary Smith Con,.m2r.ts Cont'd March 12, 1984 3. Submit Pre'•iminary Piat showing adjacent development - a. Distance to existing water, sewer b. Direction of drainage - (street) c. distance to existing thru street 4. Re~~-se radius Gf curves C-3, C-4, C-5, and C-9 to 20.00 feet. ~. CGr.sider temporary turn-a-round at the end of Turnberry because it is ar. =_>:ist3nc read cr.d. ,. _- _v tc see de~~e cn~,ent plan fo= area to the tiorth and East t: ;_°'r:c Slue b:E ar '9r:'t blll J.d]nC lnt0 a Oeac 2nd, nO way Olit SltlldtlGn. she ..- _~ cr. ,:a~ r~~ad2 b•. n, ;rroti and s2condeo b~' Ai d_ 'rani to recommend to t'~,~. ~. ._.__ ~~~sc~~:al of By the T,~};e, C~r~err}' bane Village #2, Frei .~ .are Inc Final Piat and Uesianation of Square Footage of Houses, c`vb _;c t th COP'.L'_lanCE t0 Gar}' Smith' S CG?T~'T,entS. (L1Eted abOVe ??^ti:~ _ ~?ie_': C`enowith, yea; Johnson, yea; Aldijani, yea; h;orrew, yea; St:earer, yea; :ter. 5 St2r-2:_ Hc:sac - I::out ~.- Possible D2celoP~ment Se~.~~r: Hcsac was present. Hesa~ e>:piair.ec that he is "cor.siderina" d2-aeiopinc properties _.. tt;e City and is see?;ina the opinions of the C OII1''-.15.57^_ regardlnC t. r: E`QS pl-GDertiC'8. HGSaC tO10 tr:e C.O^Li . 1 SSlOr_ :,nE piece O~ propcrt}' h' S anC a DaYtner art considering, tc. bu}- is lxat2c at Cherry Lane b Linder, just Norti,_ of the H~o.~: School. Hosac 5a1C he Y,ad sever-1 Ideas, among them, beinC Si?1C12 famly d~:elling On the hlyher enC Of the SCale, and COmmeTCial, possibly a neighborhood shopping area. v?, r:roperty c_~4~ned by Ilosac located at P1eridiar. Road and Cherry Lane, ad;acc-nt tG Chc-rr}' Plaza, Hosac said there is a pcssibility of developing a retirement, home. The Comruissior, h;emL,crs all agreed that this "sounds interesting." The Otr;er piece of property, located at Locust Grove, and contigiuous to Settlers Village and Meridian Place, is owned by Hosac's parents. Hosac said they would like to develop this into 1/4 or 1/3 (maybe ever. 1/2) acre residential lots. The Commission agreed that all of Hosac's ideas were good ones, but as Chairman Spencer pointed out, they would have to see plans, plats etc. Spencer expressed that he feels they should get away from "land banking." Being there no other business to come before the Commission The Motion was made by Morrow and seconded by Shearer to adjourn at 9:06 p.m. Motion Carried: Chenowith, yea; Johnson, yea; Aldijani, yea; Morrow, yea; Shearer, yea; Meeting adjourned 9:06 p.m. ~ I 0 0 0 O ` ~ ---• rD c 2 D ~ 3 e Gi r. ~ h] ~ ~, W Cu ~' ~ 4 U p m m 3 ~ o~ y -7 j ~r -s ~' ~ W,c 0 (D ~ i W ~ ~ ~ . CY m e-r m 's v n a a c~• rp o ro '-~r- J .7 rt ~ ~ ~ ccn ~ o- s ~ m -. o .~. ~. D E cl m ~ ,7 m a t ~ J '~ ~ '~ m y C m N ct m ~ N Z .~ SSG ~ ~C ~ V1 Z 3 'L3 S y 1 N D ~ u ~ U. 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'.aa N~ i ' ~ p - a -- 7 `N IO ' '~ ~ -. y v -. v ~ w Cil ] 7 D ~ ~ Xf . 1 _] y ~~ . ~ 7 ~~ ~ ~ n 7 5E ,~ ~ ~' ` .. ~, ~~ J RE~T FOR SUBDIVISIOt7 APPROVAL • • PRELIMINARY PLAT PLANNING AND ZONING COP4dISSION TIME TABLE FOR SUBMISSION: 1. See City policy statement, Submission Requirements, Appendix I. 2. A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. 3. The Planning and Zoning Commission will heat the request at the monthly meeting following the month the request was made. 4. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision,~3s The Lake at Cherry Lane 2. General location,~_portion of Section'3 T 3N R 1W 3. Owners of record,_~ent Barney Address X375 T,7 Tan Mila RnaA, MariAi$#p$36Q2 Telephonej208) 888-2030 9. Applicant, Kent Barney Address, same at above 5. Engineer, Keith Loveless FirmLoveless Address 3330 Grace St. Boise, ID zip 83703Engi Teleplho~ie(208) 342-7298 6. Name and address to receive City billings: Name LOVE leS$ EngiIIPer=ng Address 3330 Graee St. Boise, IDZip 83703 Telephone (208)342-7298 w PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 2,gg 2. Number of lots 11 3. Lots per acre 3.81 ' 4. Density per acre 4 5. Zoning classification(s) Residential 6. if the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt Nn 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City Tl~ Explain 10. Are there proposed dedications of caamion areas? No Explain For future parks? No Explain (1) ' REQUEST FOR P3ELIMINARY PL~Planning and 2'aninq Cammission~ntinued Psge 2 PRELIMINARY PLAT CHECKLIST: Subdivision features continued 11. What school(s) service the area M ;d;an D~ do you propose any agreements for future school sites No , Explain 12. Other proposed amenities to the City No Water Supply Fire Department , Other , Explain 13. Type of Building (Residential, Commercial, Industrial or combination), uacident~al 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other ~inole Family 15. Proposed development features: a. Minimum square footage of lot(s), 7~ 000 sq. ft. b. Minimum square footage of structure(s), 1,50 sq_ _ft. c. Are garages provided for, yPG square footage 440 sg. f t. d. Are other coverings provided for N/A e. Landscaping has been provided for Np , Describe f. Trees will be provided for No , Trees will be maintained g. Sprinkler systems are provided for No h. Are there multiple units I.7o Type remarks i. Are there special set back requirements T,7o. Explain j. Has off street parking been provided for vac Explain Two ~arking spaces k. Value range of propertyS10,000 to 515,000 Aer lot 1. Type of financing for development ca..; r,qc anA i.nan m. Protective covenants were submitted No , Date 16. Does the proposal land lock other property No Does it create Enclaves NO STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Compliance with Ordinance N365. (2)