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HomeMy WebLinkAboutSettler's VillageCENTRAL SSTRICT HEALTH MEPARTMENT ENVIRONMENTAL HEALTH ®119151®N �, VuIICv Ada County Boise County Elmore County 1455 N. Orchard 1455 N. Orchard Court House Annex Boise, ID 83706 Boise, ID 83706 190 S. 4th East 375-5211 375-5211 Mountain Homo, ID 83647 Valley County P.O. Box 1448 McCall, ID 83638 634-7194 Serving the rnutuied of ... . 587-9225 Nuiw December 11, 1984 Adu [mnrr Mr, John Bast'ida Ada County Recorder 650 Main Street Boise, Idaho 83702 Re: Settler's Square Dear Mr. Bastida: Central District Health Department, Environmental Health Division, has reviewed and can approve the final plat on this subdivision for central water and central sewer facilities. No lot size may be reduced without prior approval of the health authority. Sincerely, Nancy Goll -Bowser, E.H.S. Supervisor of Environmental Health cc: Meridian City Hall - Gary Smith Don Hubble, Engineer /Meridian City Building Department U.S. Department of. HUD Tom Turco, Director of Environmental Health NCB/ho L�Pgiz.S k Mrs. Nancy Bowser Central District Health Dept. 1455 North Orchard Boise, ID 83706 Dear Nancy: December 5, 1984 Re: Settlers Square Subdivision COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER 808 SPENCER Chairman Zoning 6 Planning The subject project is within the Meridian City Urban Service boundaries and can be served by the Meridian sanitary sewer and domestic water systems. This statement is submitted at the request of Mr. E. Don Hubble, P.E., engineer for the subject project. Sincerely, CI OF MERIDIAN c��r�y��fif�L Gary D. Smith, P.E. City Engineer GDS:dp CC: E. Don Hubble, P.E. • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALSCITY JACK NIEMANN, Citypfsk OF MERIDIAN A. M. KIESERT, Treasurer RICHARD D. NICHO.LS, Chief of Pollos BRUCE D. STUART, Water Worlla, Supt 728 Meridian Street WAYNE G. CROOKSTON, JR.. Attorney MERIDIAN, IDAHO EARL WARD, Waste WatarSupt.- 83842 KENNY BOWERS, Fire Chief Phone BBS 4633 GRANT P. KINGSFORD Mayor Mrs. Nancy Bowser Central District Health Dept. 1455 North Orchard Boise, ID 83706 Dear Nancy: December 5, 1984 Re: Settlers Square Subdivision COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER 808 SPENCER Chairman Zoning 6 Planning The subject project is within the Meridian City Urban Service boundaries and can be served by the Meridian sanitary sewer and domestic water systems. This statement is submitted at the request of Mr. E. Don Hubble, P.E., engineer for the subject project. Sincerely, CI OF MERIDIAN c��r�y��fif�L Gary D. Smith, P.E. City Engineer GDS:dp CC: E. Don Hubble, P.E. 0 CITY OF MERIDIAN O SUBDIVISION EVALUATION SHEET (Recommendations Only!!) Proposed Subdivision Name: SETTLER'S SQUARE Subdivision No. 1984 Date Reviewed: 6/29/84 —Prelim Inary Stage: XXX Final: XXX The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. 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 existing street names shall appear on the plat as: "N. JERICHO ROAD" "E. FAIRVIEW AVENUE" 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 REPRESENTATIVES OR DESIGNEES Ada County Engineer David Collins, P.E. Ada Planning Assoc. Terri Raynor �f Local Fire Dept. Representative *******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!!!!l!!!! TP:ak/DATA1—E3 , I A Q `4`4� .y3 ppM s, k y��`�i£h�% �`I#�� IAY.9 f u. � ' ' `% � e f -e, � � "44s`S� '' p` sk a. •�F , ? � ; a � ty�., . : "r e � .s „ f � �,�ti.'"s# 3 y -,i. M xe+k�°�'3 Ie. .. ..4 4 e X 4 k �§ 8€ PA t�fy NO A qk l: �'y g a i My 4fi -t 1IV 175 '4 T% �£ µ Yy Z *44W,14 i@ 9;. 0w, F Mayon King -6 6otd o peneloot pubtic hearing. • NO COMMENTS: Pub.tie heaxing e toys ed. Mayon Kings Sord, any mote questions JAom the Coune,i t? Councilman ToZ6ma, have at.t the conditions and comments " made by the City Eng.ineeA been taken .into eons.idetati.on? Mayot K.ingz ford, City Eng.ineeA has .cnbotmed me that he wilt not ,442 pta-t un it it is eompteted. Motion made by G.ia teA and ,seconded by Totzma to approve o6 the variance " tequested by Uptand Indwstnies bot TAeasuAe Va2tey Buz ness Parfz. Mot on CaAAied-ALL YEA Motion Made by G.iuZeA and .seconded by Totzma to approve the PAeeiminaty and F.cnat P.tat o f TAeAs uAe Val t ey Bu,,.ines s Pwdz Phase #1 with the conditions as set both by theC.c ty Engineer and a Deed Ru h i.cfi i.on unt t such time ass the covenants are approved. MOTION CARRIED: ALL YEA (ITEM #3) -PUBLIC HEARING VARIANCE AND PRELIMINARY AND FINAL PLAT SETTLERS SQUARE. Norman PW eA and Don Hubb.te Enginee&ptes ent Aepuz ent ing this request. 11 Mayor Kings fiord u ked .ij anyone o � the Counc t had a question. l TheAe weAe none. Meeting opened to the pubt ie Gary Newbetvey -1830 QUEST CAROL -questioned how .land ways to be used 1 .teve.t or 2? Mayon K.injz 6o&d eipta fined this area was at,tuady commeAe iat this concept was to change the way the ta.nd coutd be .so.td. Counc t,tman BAeweA coutd be eitheA one oA -two 6toty and maybe mixed Newberry- as .tong as it .us etean and 6 i n ins hed, no ob1 ect i.onz . Pubt is heaAong CLosed::.... COUNCILMAN Ge.us,teA, adv zed he had gone oveA covenants and they were quite Aest- t i dive aYfd wet t done. Newberry asked about beautig.iaeation 8 foot ba4A eA next to Data sub. Mayor King -6 fiord commented he was pteased with the way Setteetus Vit Cage had deve.toped and commended MA. Fu.2ter jot W pant ,in this development. The divi4ion of the,aeven lots have been Ae6ered heAe as grids and wia have to be u6eAud to ass paAcelz, Counci man Ge i.6 teA a ked .ij covenants would need changed to uitec t th is- NOT NECESSARY There was d icu-s.s.ion on the ba4ur i,eA or z c,%een-ing next to Data SUb . The motion was made by BAewek and seconded by G,ies.teh to appto ve o j the Vanianee Request JoA Settteu Square. Motion Ca4Aied: ALL YEA i kon ways made by Btewdad e econded b M ecus to a Aa the Put i min y y pp �� a&1 and F.cnat P.2.at Jot Setttetus Square. Motion CaAtued : ALL YEA (ITEM #4) -PUBLIC HEARTUG: •CONDITIONAL USE PERMIT REQUEST BY LARRY PALMER. MAYOR KINGSFORD OPENED MEETING TO THE PUBLIC HEARING. COUNCILMAN GIESLER CAN ONE PERMIT BE USED FOR EVERYTHING- ADVISED THIS WAS O.K. Jewry Thomps on- 35 Eatst Bowen Racecau ane thehe racing eng.i,ne,3 untie 2:00a.m. needs to be more quiet they ane d AtuAbing the neighbo"�. Mu. Ewing atz o commented on tAZ6 . Mayon Kings imd commented on the e66oti t PaPmeA had made to etean things up around thi.6 area. MA. PatmeA que6tioned th.ePtanniv:,g and Zoning Ae6ewt to used pants in Finding o6 Fact6 He was' -advised that this was to maze z uAe that a accumuta t i o n o6 junk pants did not occuA. PUBLIC HEARING CLOSED MOTION WAS MADE BY TOLSMA AND SECONDED BY GEISLER TO APPROVE THE FINDING OF FACT AND CONCLUSION AS PREPARED FOR THE PLANNING AND ZONING COMMISION. MOTION CARRIED ALL YEA Motion waa made by MyeA6 and becgnded by Totzma to apptiove the Conditiona.2 upse pehmit Jo& LaAAy PatmeA. Motion CaAii.ed: ALL YEA (ITEM#5)- PRETERMINATION HEARING WATER/ SEWER/TRASH DELINQUENCIES Mayon Kdngs bond Read -- THIS IF TO INFORM YOU IN WRITING,•IF YOU CHOOSE TO, YOU HAVE THE RIGHT TO A PRE -TERMINATION HEARING , AT 7:30 P.M. AUG6th, 1984 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 AND TRASH BILL IS DELINQUENT. YOU MAY RETAIN COUNCIL. THIS SERVICE IS DISCONTINUED AUG.14th 1984 UNLESS PAYMENT IS RECIEVED IN FULL. Mayo& Kings4ond asked i4 anyone pAesent JoA Ptcetehm.%nation hearing. TheAe weAe no pe zona puzent. MAYOR READ: DUE TO THEIR FAILURE TO PAY THEIR WATER BILL OR TO PRESENT ANY VALID REASON WHY THE BILL HAS NOT BEEN PAID, THEIR WATER SHALL BE TURNED OFF ON AUGUST 14, 1984. IN ORDER TO HAVE THEIR WATER TURNED BACK ON, THERE WILL BE AN ADDITIONAL FEE OF $10.'00. t - "gim Johnson- Be.ei.eve we ^ ed move detaitz pAesentat,i.on o he use of the .tand. Motion made b Shearer ann seconded b Morrow to tins y y tnuct .cite/ AaAney to pre- pare Finding and Fact and eoncW ions . ALL VEA % The motion was made by Mom- ow and seconded by A.tdi j an.i, that the jindings and 6actA u6teet teconziendat i.on o f appAovat to the City Counc it. Mot ion CahA ied: ALL IN -FAVOR ' (ITEM 03)- PUBLIC HEARING PRELIMINARY AND FINAL PLAT SETTLERS SQUARE. Mn. Don Hubb.te-engineer 6oA the pAo jeet was present to represent this request. They had 3 .stems 6or which they were asking the CoMi6z.i.on to acct upon. Approvat o6 the P.tat, gAanting a variance, and asking that the Bu,itiding Dept. a at the same gime permits ane .issued to conthot the neces,sany parking spaces Aequihed by ordinance aecoAding to the usage be designated. This prapeAty in now zoned "CG" and has been since annexation appAoximatety seven yearn ago. The usage wound be combine oj6.ice, AetaL.t, and who.tesate. Gamy Smith- It .is the devetopens Ae6pons.ib.c.?.ity to maintain water. tines nes and mete& and s ewer .eines to street. Jim Shea? A- questioned Jackson drain being open. It was exptained this was a covered drain. - Tom Cote- Are .tot connexus going to be staked? State ,taw states that this has to be done. Gary Smith- EngineeA eeAti6.iez that .tots must be staked when he signs o66 on plat. Tam Cote- Do not bet.i.eve we 6houtd eon iden th iS as both pret mi,naAy 9 j.ina.t ptat. Pre Zim.i,na&y onty to many things missing to eons.ideA as a j inert peat. SpenceA opened Jot putt i c. hemi i,ng. .Gary Newbmy 1830 west Caul Finish on bu i tdings, screening, t i.ghtin.g and height o f buitding. It was exp.tained this propeAty was atneady zoned comme&ci,at and this was a reptat and a dig6erent concept. The covenant speak to the new j.in.ished side og the bu.i tding and the city ondinanee eontAo.t the t ight.ing and the s eneeni.ng. There was more discussion. (TAPE ON FILE) MA. Newbe &y Aequuts to be put _an Record as opposing this pAo j ect. PUBLIC HEARING WAS CLOSED. Shearer pointed out covenants show two foot sc&eening .instead o6 its JouA boot as Aequi,%ed by the city ordinance. Tom Cote -suggested eommizion not approve this as a jinat peat du.e to not meeting city ordinances or Idaho Code. Ga . y Smith- Most of the di#s nepenci es ane minora and just a ncit coAAecti.on., P. C&oo stop; uest.ioned AAti.c, a III Sec tion I o the cavena 4 Mot tow -seem to be a2ot of ptobtems with this concept, need to be defined mote. Spencer -There seem to be many unanswered questions on this apptication. The motion was made by Johnson and .seconded by SheauA to receomend approvat to the City Cou.ncit on the P&e iminaty and F.inae Peat and Vat ianee requested. Motion CaAAi.ed: Motvww yea, Atdijani yea, Johnson yea, Sheaux yea, (COLE -NAY)+ ( ITEM #4-Pubt i c heaping PteZcmina+cy and Flnae Peat." Uptand Industk eA. Mt L.eo yd Howe- was pees ent teptes eating Upeand I nduisttui.es . Mt. Howe was in agreement with Ga ty Smith. the City Eng.inee z comment and advized they woued be taken cane o6 by the heaping be6ote the City Councie. Cote -questioned the jog .in.the extension o6 Pine street ,sewer .eine in.6ta ted. Howe- expeai_ned that there was a 606x. easement and the alignment o6 Pine Street had,<been negotiated with toad ACRD. Cote- why not common access Jon the Cott, a- Howe- Access has been negotiated with Ada County and State o$ Idaho and on approved as shown on Peat. DAAi,nage pean has been submitted to Nampa Metui.dian and the app&ovae has not been tecieved back at this time. Spence& -opened Jot pubti,c heating. Sarah Ewing -2280 EAST FAIRVIEW In Gavot o6 this p&oject. A&thun Edwa&d�6-2255 EAST FAIRVIEW Mt. Edward voiced concern that the West ptopetity bounda&y was .ineoAxect. Howe-assu&ed him that the Peat was ont y to the West Boundary o6 Upland ptopetty• The City CZe&k. advised Spencer that he had %ecieved two pieces o6 wtutten testimony on the Upeand IndustAies peat. Spence& .intnodueed this testimony .into the &eco&d. One was .in. Javo&, one against this testimony on Jite with the minutes .in the city cee " o 6 6 ice. Public Hean.i.ng Geos ed. The motion was made by Mot)ow and seconded by Atidlani to recommend to the City Councit apptovae o f the P&etimina&y and F.inae Plat o f Upeand Indu6tt ies- T&ease e Va tey Business Pante. Phase 1 along with the vats ianees &equested. _ Motion Cann.ied; Ate Yea NOTICE OF PUBLIC HEARING 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 Fall of the City of Meridian, 728 Meridian Road, Meridian, Idaho, at the hour of 7:30 o'clock p.m, on the 6th day of August, 1984, for the purpose of reviewing and considering the Preliminary and Final Resubdivision of the following: Lots 4, 5, 6 and 7, Block 1, SETTLERS VILLAGE SUBDIVISION, according to the official Plat thereof, records of Ada County, Idaho. and Lots 1, 2, 3, 4, 5, 6 and 7, Block 2, SETTLERS VILLAGE SUBDIVISION, according to the official Plat thereof, records of Ada County, Idaho. for the purpose of platting said real property in grids for commercial purposes.; and for: hearing applicant's request as follows: Variance from Ordinance 11-9-604 which requires that Preliminary and Final Plats be submitted at separate times to the Planning and Zoning Commission and the City Council except under certain limited circumstances; applicant desires to have its Preliminary and Final Plat considered at the same time. Any and all persons interested shall be heard at said meeting. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors Jac] NIe ian , City Cler P.O. Box 427 Meridien, Idaho t\ 83842 Telephone 8884461 �� j r NOTICE OF PUBLIC HEARING 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 Planning and Zoning Commission of the City of Meridian, at the City Hall in the City of Meridian, 728 Meridian Road, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on the 9th day of July, 1984, for the purpose of reviewing and considering the Preliminary and Final Resubdivision of the following: Lots 4, 5, 6 and 7, Block 1, SETTLERS VILLAGE SUBDIVISION, according to the official Plat thereof, records of Ada County, Idaho. and Lots 1, 2, 3, 4, 5, 6 and 7, 131'ock' 2, :SETTLERS` VILLAGE .SUB- DIVISION, according to -the official Plat -thereof, records of -:Ada County, Idaho. for the purpose of platting said real property in grids for commercial purposes. Any and all persons interested shall be heard at said meeting. AMBROSE, FITZGERALD &CROOKSTON Attomeys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 8884481 REQUEST FOR SUBDIVISIOU APPROVAL ° PRELIMINARY PLAT AND/OR FIPW& PLAT A PLANNING AND ZONING COMMISSION na� y �k TIME TABLE FOR SUBMISSION: — - _ l t 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�f, Zoning Commission.� ' r The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made.x` w ' After a proposal enters the process it may be acted upon at subsequent monthly 4 meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action., a GENERAL INFORMATION:� 1. Name of Annexation and Subdivision, Settler's Square$ 2. General location, Fairview ands Jericho Rd. x �, k 3. Owners of record GKDGProperties Address Aloha, Oregon - - Telephone Zip 4. Applicant, N & D Inc. ' Address, Box 851 Meridian, ID �� E. Don Hubble Hubble . En y y Eng Address 3952 Dais Wa 5. Engineer, Firm y Boise, ID zip 83709 Telephone 362-2082 � 6. Name and address to receive City billings: Name N & D Inc.. P.O.-.Box888-4892 Address 851 Meridian, Iltip 83642 Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features a$zx i 1. Acres 3.45 ac.' 2. Number of lots Not Applicable } K �k 3. Lots per acre N.A, a ry; 4. Densityper acre N.A.a „rxs Rte a 5. Zoning classification(s)��' fir` 6. if the proposed subdivision is outside the Meridian City limits but within then jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt no 8. Have recreational easements been provided for N.A. 9. Are there proposed recreational amenities to the City no £1 w Explain w x 10. Are there proposed dedications of common areas? vp.--�---- Explain If applicable, common parking and 1 ndsca=p aQ p R rained itcoven- For future V p Explain ants arks?n0 g ",s , '", ..4 4 c m" s xa c -. yea � a � .„. .s r? . f w., ! • ...t ter, s'k^�,a t �5 ,� - ` - s v; s� �w 4F Or1,110 'k t jij gi '4' fi .fit's •r 44, o a�a . age 2 PRELIMINARY PLAT CHECKLIST: Subdivision features continue 11. What schools) service the area Meridian , do you propose any agreements for future school sites no , Explain 12. Other proposed amenities to the City 811 installed Water Supply Fire Department , other , Explain 13. Type of Buildin7 (Residential, Commercial, Industrial or combination), CnmmPr�ial 14. Type of Dwellings) Single family, Duplexes, Multiplexes, other 15. Proposed development features: a. Minimum square footage of lot(s), N*A. b. Minimum square footage of structure(s), 1024 Sq. Ft. c. Are garages provided for, no square footage d. Are other coverings provided for non e. Landscaping has been provided for yes , Describe Required landscaping lans will be St,hmitted with build— f. Trees will be provided for yeS , Trees will be maintained ps g. Sprinkler systems are provided for adeguate–i rri a�_ation will be provided h. Are there multiple units Yes , Type Commercial , remarks Townhouse-office andrAtnil i. Are there special'set back requirements no , Explain j. Has off street parking been provided for Yes , Explain in covenants k.. Value range of property $50v000 unit 1. Type of financing for development Conventional m. Protective covenants were submitted will be 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. (2) I"= 300' Settler's Square, BEL ^`fiHNPNy �- FiHUM1A IiUHHfJFi l'f[RHBR I114H FI u1IJW MIIRRIISRl{ MHW7N{1 �B H9iWFiij k7NHMfA' � NER"'� pup"L�1 ! M444 [Ai-. F �19ERAH� I"= 300' Settler's Square, • 0 Fuller and Associates P.O. Box 851 Meridian. Idaho 83642 (208) 888-4892 June 14, 1984 Mr. Jack Niemann City of Meridian Administrator City Hall Meridian, Idaho 83642 Dear. Mr. Niemann, Please consider this plat as a combination of both the Preliminary and Final Plats. This grid concept contains many more than the four lot maximum as -reaui red for a combination plat. However, the plan is to construct only three buildings on all of these grids. If we need a xariance, we request your consideration for such a variance. We also .request your consideration of reduced review fees. Although the plat has numerous grids, a review fee based on this number would certainly create a financial hardship for this project. AN oncerely,rman G, idler 1 S. lit \ ► tj "A P. e' .,.f a nCO C { !G l f o hi I C '• � r' i 4 / f Z � +Ir E h s •s a ,' zf � t t 3 R r� s '� ♦�u+I�;a t'. � �. rn �• H / . I H / RE AVENUE '_•� � o c7 p S TEARS aENUE S BRocTON ,. l 1 1 A . Ds PL- •�. �� a ;v: y 1: ay ROAD e OpSim S e � 1 111 + l•� n � a s+ � II I iri _l .1 � • . � " t w � •� �n i I I .. 1 l��QG � • i i'� J r I a =LAI," M q� Fuller and Associates P.O. Box 851 Mertdiarn, Idaho 83642 (208) 888-4892 June 28, 1984 City of Meridian 728 Meridian St. Meridian, Id 83642 To Whom It May Concern; N & D, INC., approves of the resubdividing of Lots 4 - 7 Block 1 and Lots 1 - 7 Block 2, Settlers Village Subdivision, as proposed. Thank you, A"740�lr 4 . C 1. �14� N & D, INC. Norman G. Fuller, Pres. NGF/sls r�. ��' �" �, a �� � � .� �� ti � � � d � �x z, tis` r f n +' n � � "' i�- x ��� .�,.w" „ r �, .. � z,�.t+ �` atii�n�„��C�xv--�-�r �. ^`� d t�„ i� z:. _ , a�.. �.... r ., � � . �'��'.._ '''3 I '"YOGNI ARMS tot V Must! no mass tot WANT:; W W TIT 0�4 m1pumvp Mew ty "J! MITI In will 1 ROTPw WROTE;! Meridian City Council #3 Cont'd . . . . . . 2. • •��i4Q� ole days be dispensed with and that Ordinance Number 433 as read be passed and approved. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Item 4 Amended Resolution for Industrial Bonds, Newberry, Resolution #86 Mayor Kingsford Read: "An amended resolution approving an amended agreement of the Economic Development Corporation to issue bonds for Dale Newberry." 21;19 The Motion was made by Brewer and seconded by Tolsma to approve of Amended Resolution #86. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Item 5 Norman Fuller - Imput on Commercial Development Settler's Village Mr. Don Hubble, Civil Engineer was present representing Mr. Fuller and the request for imput on a Commercial Development on the front 7 lots at Settlers Village. (This is _ currently zoned Commercial) - Hubble showed the Council Members a rough concept of the proposed plan for retail/office spaces. Hubble explained that Fuller was proposing to sell space in small grids with a common area around buildings. Hubble said that there would be one meter for each occupant. Hubble said that they will not have to redo any streets, watermains etc. and are hoping that the involved agencies will reduce their review fees. Hubble also said that they are hoping that the building department will requlate the parking spaces to insure adequate parking when the building permits are issued. Hubble also questioned as to if the City would be willing to reduce its review fees, if so would be willing to send out a letter to other agencies. There was discussion concerning the costs of replat. (Tape on File - City Clerk's Office) There was much discussion concerning the parking and the ability of the building department to regulate the parking as the grids are sold. (Tape on File - City Clerk's Office) -r It was the suggestion of the Mayor and Council that the covenants be worked out so that the Council could take a "good look" at them before proceeding. It was the general concensus that many of the questions by both Fuller and the Council could be resolved with the covents. The Mayor and Council agreed that this was a very good concept with great possibilities. Meridian P1 & Zon 0 3. 14. 1984 City Attorney Crookston said that he felt a replatting would have to be done, and signature would be needed for a changed plat to be recorded. Hubble said that this is one of their biggest concerns - the review fees that would be charged on amended plat. There was discussion. (Tape on File - City Clerk's Office) Chairman Spencer suggested that Fuller go to the Council to see what they would want done, as the Planning & Zoning had no authority to give them direction. Being there no other business to come before the Commission . . . . . . The Motion was made by Morrow and seconded by Shearer to adjourn at 8:40 p.m. Motion Carried: Morrow, yea; Johnson, yea; Cole, yea; Aldijani, yea; Shearer, yea; ATTEST: Jack Niemann, C ty Clerk APPROVED: Bob Spencer, Chairman DECLARATION OF RESTRICTIONS, CONDITIONS AND COVENANTS SETTLERS SQUARE SUBDIVISION ' ADA COUNTY, IDAHO Pm+":q 3.' > inti '.i.• THIS DEC.ARA TION, made on the date hereinafter set forth N & D, INC., an.. Idaho Corporation, hereinafter referred to as "Declarant." WITNESSETH Whereas, Declarant is the owner of certain property in the City of Meridian, County of Ada, State of Idaho, which is more particularly described as: Settlers Village Square, a Resubdivision of Lots 4 through 7 Block 1, and Lots 1 through 7 Block 2, of Settlers Village Subdivision, Meridian, Ada County, Idaho. Now therefore, Declarant hereby declares that all of the properties desc- ribed above shall be held, sold and conveyed subject to the following easements, conditions and covenants, which are for the purpose of protecting the value and t desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part therQbf, their heirs, successors and assigns, and shall inure to the $fi`x benefit of each owner thereof. :� x= ARTICLE. I DEFINITIONS y Section 1.110wner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple lot title to any lot which is apart` of the properties, including contract buyers, but excluding those having such int- erest merely as security for the performance of an obligation. t r -- Section 2. "Properties" shall mean and refer to that certain prapert real ' + hereinbefore described, and such Additions to said real property thereto as may be added and therefore come under the terms of this declaration. r` E Page 2 Section 3. Parcels 6" shall mean and refer to any plot of land shown upon the recorded subdivision map of the properties hereinbefore described in this declaration, and lots. Section 4. "Declarant" shall mean and refer td N & D, INC, , an Idaho Corporation, their successors and assigns, or such successors or assigns that should acquire more than one undeveloped lot from the Declarant for the. purpose of development. A "MT/ T T TT AREA OF APPLICATION G.. Section 1. Fully protected Business Area. The business area covenants of Article III shall apply to all the area included within the subdivision herein- before described.and zoned "General Retail and Service , Commercial (C -G), by ordinance of the City of Meridian. ARTICLE III BUSINESS AREA COVENANTS Section 1. Land Use and Building Type. No parcel shall be used except for Commercial purposes as defined in applicable ordinances. No industrial, light industry, fabrication, or manufacturing functions, or facilities shall be permitted on any lot, parcel, structure or building. Light auto- motive repair shops in conjunction with fuel dispensing facilities will be permitted only, on lots with frontage on Fairview Avenue. No storage facilities, 4 temporary or permanent, shall be maintained outside of any buildings or struc- tures. truc-tures. No building shall exceed two stories in height or thirty-five (35) feet measured from peak of roof to ground or fine grade elevations. Section 2. Architectural Control. No building shall be erected,placed or altered on any parcel until the construction and specifications and a plan showing the location of the structure have been approved by the Business Architectural Control Committee as to quality workmanship and materials, harmony of exteriordesign with existing or planned structures, and as to location, with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered cn any parcel nearer to any Page 3 street than the minimum building setback line unless similarly approved. No building shall be considered without plans showing possible effects on parking, loading, and unloading and trash storage and removal. Approval shall be as provided in Section V. Some buildings will have a temporary wall. where an additional building will be attached in the future. These walls shall be covered with a permanent siding and painted with a harmonious color if it is going to be more than 60 days until other building is attached. Section 3. Building Location. a. No building shall be located on any parcel nearer to the side street line than the minimum building setback line shown on the recorded plat. In any event no building shall be located on any - parcel nearer than t.Alerty (20) feet to the front street l ine, or nearer than twenty (20) feet to the side street line, and must be approved by the Architectural Control Committee. b. Some parcels will have buildings with common walls and common access for utilites. The declaration of this common wall covenant and ease- ment is contained hereinafter in Article V, Section 1. These parcels will be designated and approved by the Business Architectural Control Com- mittee prior to the construction of the dwelling units. Section 4. Parcel Area and Width . . parcel shall be defined in area and width in accordance with the recorded plat of the subdivision. The floor area ratio of all buildings, structures and required off street park- ing area, shall^be approved by the City ofMeridian, . Building Inspector and ■ Architectural Control Committee. Section 5. Easements for installation of ingress, egress and protective screening are reserved as shown on the recorded plat. Section 6. Signs. All business signs, whether identification, advertising, or nonaccessory in nature will first: be subject to approval by the Architectural Control Committee. In any event, the applicable City and County ordinances ' controlling the use of signs will apply and be strictly adhered to. Section 7. Garbage and Refuse Disposal. No parcel shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All trash storage areas will be special use areas, shielded from public view by protective screening. M Page 4 Section 8. Landscaping. All parcels shall be landscaped with lawn, shrubs, planting beds, and trees in accordance with the owners discretion except that Vie deciduous shade tree area pattern shall be approved by the Architectural Control Committee. All landscaping shall be maintained by the owner in such manner as to cause a pleasing appearance and in such manner which will sustain property values in the community. All landscaping shall be in reference to the final plat and landscaping plana In the event the owner fails to follow this provision the Business - Owners Association may do so and assess the cost to the owner pursuent to the assess- ment provision. Section 9. ;, Protective Screening. A protective screening area as shown on the recorded plat shall be established along the north two (2) feet of par- cel , , A4, Block l and parcel A7, Block 2. The purpose of this screening is to seqarate the Commercial area from the Residential area. Section 10. Noxious or Offensive Activity, No noxious or offensive activity shall be carried on upon any _ parcel nor shall be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Section 11. Temporary structure. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any parcel at any time as a residence either temporarily or permanently. Section 12. Parking., No recreation vehicles, trailers, automobiles, boats or other,such vehicles shall be parked permanently on the streets. All permanent parking shall be in garages or attached driveways. Section 13. Oil and Mining Operations. No oil drilling, oil development operation, oil refining quarrying or mining operations of any kind shall.be permitted upon or in any parcel nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any parcel . No derrick or other structure designed for use in boring for oil or natural gas scall be erected, maintained or permitted upon any . parcels.. Section 14. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any parcel except that dogs, cats or other household pets may be kept provided that they are '4ot kept, bred or maintained for any commercial purpose. The applicable City of Meridian ordinance providing for leashes or pens will be strictly observed ■ Page 6 Each owner of the parcels by acceptance of a membership in the associa- tion therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assess- ments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which such assessment is made. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be a the personal obligation of the person who was the owner of such property at the time when the assessment fell due. The personal obligation for del- inquent assessments shall not pass to his successors in title unless expressly assumed by them and (3) additional assessment resulting from members" failure to abide to the requirements of this document. Section 18 A. At the time of sale or transfer of any parcels there rc must be adequate parking available to meet the requirements set by the City of Meridian. Section 19. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the businessess in the properties and for the improve- ments and maintenance of the Common Area. Section 20. Maximum Assessment. Until January l of the year immediate- ly following the conveyance of the first parcel to an Owner, the maximum 4A monthly assessment shall be determined by the pro-ratus share of parking spaces required for his business divided by actual cost of maintenance provided, a. Assessment shall be pro -rated in relation to each owners parking space, requirements Section 21. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, re- construction, repair or replacement of a capital improvement upon the Common Area, including fixture and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of membe3•s who are voting in person or by proxy at a meeting duly called for this purpose. gj rfi i 7stf r-�t »�5a Vagi : ,x WA ���, 714 1 NI 3 i yy p Page 7 ; Section 22. Uniform Rate anc`. Date of Commencement of Assessments; Due Date. The monthly assessments provided for herein shall commence as to all members on the first day of the month following the conveyance of the Common Area. Both monthly and special assessments must be fixed at a uniform rate for required parking spaces for their-4ype of business. The board of Directors shall fix the amount of the monthly assessment against each par - eels by December 1 preceeding the annual assessment period beginning Janu- ary 1. No further notice of the monthly a,"essment is required by the Association. The due dates shall be established by the Board of Directors. The Asoociation shall, upon demand, and for a resonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessmentg-on a specified parcel have been paid. Section 23. Affect of Non-PaS,ment of Assessments, Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at rate of fifteen percent (15 %) per annum. The association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or ot''herwise escape liability for the assessments provided for herein by non-use of the .Common Area or abandonment of his parcel Section 24. Subordination of the Lien to Mortgages. The lien of the assess- ments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any parcel shall not effect the assessment lien. However, the sale or transfer of 'any° parcel pursuant to mrorgage foreclosure or any 4 proceeding in lien thereof, shall extinguish the lien of such assessne nts as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve sucl parcel from liability for any assessments thereafter becoming due or from the lien thereof. »i % 4 b K 4: E a Y OR~ t! � t t 1�Y K G=. fi yr � »i % 4 b K o.. S a Page 8 A T R TI9T T:. V - ARCHITECTURAL CONTROL COMMITTEE Section 1. Membership. a. The Business Architectural Control Committee is composed of the following: Norman G. Fuller Men Gordon 1103 W. Camellia Meridian, Id 83642 1735'0 South West Shaw Aloha, Oregon 97005 b. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Section 2. Procedure. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the approval thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. s ARTICLE V GENERAL PROVISIONS Section 1.,' Declaration of Party Wall Covenant and Easement. a. Some of the buildings shall be constructed on . parcels with common walls and common access for utilities. b. These common walls and common access areas require covenants and easements for the use, enjoyment and benefit of the subsequent individual, separate owners succeeding to the ownership of the several units and parcels. c. The Declarant or its assigns shall commence and complete construction upon the parcels of land certain dwelling units or buildings which have common party walls upon the lines forming the boundary between said parcels or property. d. The owner or partowner of either or any of said parcels shall have the right to enter upon, over, under or thr().;gh the parcel and premises opposite the side of such common party wall or structure wall which faces the wail of such owner or occupant for the E)urposes of repairi ng, replacing, main- taining and renovating such wall or the utilities serving the premises. Page 9 e. The owner oroccupantof any of the above described parcels shall not drive, place or cause to be driven or placed, any nails, screws, bolts, or other objects into the party or structural wall or that wall which forms a common boundary and line with the parcel and unit of any other owner. Excepting, however, that any party may use screws or nails or similar objects to such wall which do not penetrate to a depth of over one-half (1/2) inch. f. The owner of any parcel or unit herein described, shall not erect or maintain, any structure which may impede or interfere with any necessary maintenance, repairs or restoration of the party or structural wall.. g. The wall constructed or to 1)e constructed shall form a common wall or party wall on the boundary line ;adjoining properties described, and shall remain a party wall, and each of the adjoining owners shall have the right to use such as a common party wall jointly with the other adjoining owner. h. The respective owners or occupants of each of the parcels and units shall be responsible for any mars, scratches redecorating, or refurnishing of the wall on that portion of the wall which forms a party wall or structural wall on that side facing their particular unit or parcel. That any damage done to the Nall as a whole caused by the act of any owner, his 'tenants, agents, g=tests of invitees, shall be the responsibility of each owner. That any repairs or replacements necessary through ordinary wear and tear shall be the joint responsibility of the joint owners. A. That any conveyance of either or any of the . parcel , or its assignee shall be subject. tot he terms of this agreement and declaration, and these covenants and agreement and declaration, and these covenants and agreements shall be binding; upon, and inure to.the benefit of, the respective and successive owners of the several parcels and units and shall run with the land to be of benefit to the respective dominant states and a burden upon the respective servient estates of all successive owners thereto. Section 2 . Term. These covenants are to run with'the land and shall be binding on all parties, and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive .period of ten (10) years unless an instrument signed by a majority of the then owners of e.� t ) �k f �t Page 9 e. The owner oroccupantof any of the above described parcels shall not drive, place or cause to be driven or placed, any nails, screws, bolts, or other objects into the party or structural wall or that wall which forms a common boundary and line with the parcel and unit of any other owner. Excepting, however, that any party may use screws or nails or similar objects to such wall which do not penetrate to a depth of over one-half (1/2) inch. f. The owner of any parcel or unit herein described, shall not erect or maintain, any structure which may impede or interfere with any necessary maintenance, repairs or restoration of the party or structural wall.. g. The wall constructed or to 1)e constructed shall form a common wall or party wall on the boundary line ;adjoining properties described, and shall remain a party wall, and each of the adjoining owners shall have the right to use such as a common party wall jointly with the other adjoining owner. h. The respective owners or occupants of each of the parcels and units shall be responsible for any mars, scratches redecorating, or refurnishing of the wall on that portion of the wall which forms a party wall or structural wall on that side facing their particular unit or parcel. That any damage done to the Nall as a whole caused by the act of any owner, his 'tenants, agents, g=tests of invitees, shall be the responsibility of each owner. That any repairs or replacements necessary through ordinary wear and tear shall be the joint responsibility of the joint owners. A. That any conveyance of either or any of the . parcel , or its assignee shall be subject. tot he terms of this agreement and declaration, and these covenants and agreement and declaration, and these covenants and agreements shall be binding; upon, and inure to.the benefit of, the respective and successive owners of the several parcels and units and shall run with the land to be of benefit to the respective dominant states and a burden upon the respective servient estates of all successive owners thereto. Section 2 . Term. These covenants are to run with'the land and shall be binding on all parties, and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive .period of ten (10) years unless an instrument signed by a majority of the then owners of e.� Page 10 the, parcels • has been recorded, agreeing to change said covenants in whole or in part. Section 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damage. Section 4: Severability. Invalidation of any 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. f x 3 �P eEi> s r; vm t 06 4 d z' k1. xt e A S�T § r z � c i_ c E Page 10 the, parcels • has been recorded, agreeing to change said covenants in whole or in part. Section 3. Enforcement. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damage. Section 4: Severability. Invalidation of any 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. f 3 �P eEi> s 06 � rt k1. xt e S�T § Page 11 ARTICLE VI IN WITNESS WHEREOF, N & D, INC., an Idaho Corporation., have caused this Declaration and Agreement to be executed the day and the year herewith states. IN WITNESS WHEREOF, we have hereunto set our hads this day of , 1984. ATTEST: Shannon Spenc6r, Secretary 11 =,fry r rEo 3ty t t ��sxx v Norman G. Fuller, President "'Ao4 F x® a • �.. I / �_ .�-Mill • 1 Ili : l ' �_� ♦ ' •SHEET NED(: L I I I _ ISP FIrJ2,7Z 4L R 10.78 1z � 0 u iy x a a. 3 h iA " t M x t 0 le i' x * - t i s 4 A u , 5 rt+ �fi ; # q A i 6a# 5;M s r • �.. I / �_ .�-Mill • 1 Ili : l ' �_� ♦ ' •SHEET NED(: L I I I _ ISP FIrJ2,7Z 4L R 10.78 u x a a. x a h iA " M x t 0 le i' • �.. I / �_ .�-Mill • 1 Ili : l ' �_� ♦ ' •SHEET NED(: L I I I _ ISP FIrJ2,7Z 4L J -U -B 460 10.78 u a a. h M t i' x * - t i s u , rt+ �fi Fv i 6a# s s�< . S 143 PROJECT JOB NO. SHEET ® DESIGNED DATE fr— �4- ITEM CA -t "✓- Sf-fi� S ,ta�oQ- CHECKED DATE J.u.a 460 1078 9X. d 5 4 n+` � r i, in x 5 +t ) k. is ' • C O M M E N T S 1. ADA COUNTY HIGHWAY: SEE LETTER ATTAHCED: 0 SETTLERS SQUARE Preliminary & Final Plat: Norman Fuller 2. Earl Ward; Sewer use & Hookup Charges to be in compliance with the City Ordinances. 3. Ronald Tolsma: Councilman: Would be enough room for Fire Equipment at back of Complex. 4. Police: No Comments 5. Central District Health: Central Sewer & Water, No Mosiquito problems. 6. Nampa Meridian Irrigation: Development must include in the Final Plat exclusive right way for the Jackson Drain which is 75' in width --35 ft on left side of centerline 40 feet on right side of centerline. 7. Gary Smith, City Engineer: See Comments Attached. 8. Planning & Zoning Meeting held July 9, 1984: Commission recommends approval to City Council. 3,s �p t!"Rr t 3; a K 4 t' 2k - y Alf 1-0. ® o ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT DWIGHT V. BOARD, VICE PRESIDENT GLENN J. RHODES, SECRETARY July 18, 1984 N & D Inc. PO Box 851 Meridian ID 83642 Re: SETTLER'S SQUARE - PRELIMINARY PLAT Section 6; T3N; R1E; B.M., Ada County, Idaho Gentlemen: 318 E. 37TH STREET BOISE, IDAHO 83714 PHONE 344-6111 On July 12, 1984, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below: 1. Submit a site drainage plan showing elevations in critical areas and drainage flow direction for approval by the District. � 2. Any work within the right-of-way requires a permit. s 3. t �pi{ In F ® o ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT DWIGHT V. BOARD, VICE PRESIDENT GLENN J. RHODES, SECRETARY July 18, 1984 N & D Inc. PO Box 851 Meridian ID 83642 Re: SETTLER'S SQUARE - PRELIMINARY PLAT Section 6; T3N; R1E; B.M., Ada County, Idaho Gentlemen: 318 E. 37TH STREET BOISE, IDAHO 83714 PHONE 344-6111 On July 12, 1984, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below: AN EOUAL OPPORTUNITY EMPLOYER 1. Submit a site drainage plan showing elevations in critical areas and drainage flow direction for approval by the District. � 2. Any work within the right-of-way requires a permit. 3. Access to parcel to be reviewed and approved by the District. �pi{ 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 .k satisfied prior to District certification and endorsement: G. �� 'e s t 1. Drainage plans shall be submitted and subject to review and approval by the District. 80 ft.. 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: Y�r, r 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/ } t testing services. ` c. Complete all street improvements to the satisfaction of the k District, or execute Surety Agreement between the Developer and the District to Guarantee the completion of construction of all street improvements. 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 insta a�Tation of all street signs as required. AN EOUAL OPPORTUNITY EMPLOYER II �pi{ G. �� 'e s 80 ft.. Y�r, . o • N & D Inc. July 18, 1984 Page 2 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 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, Extension #420, should you have any further questions. Sincerely, ADA COU HIGHWAY DIST ICT K�,thl een Yourryyg Development/Services KY/ev cc: Hubble Engineering Development Services Meridian Planning & Zoning n r 141 'net r r. s 45 r k�a � x s 6 p *50 r Mr. Don E. Hubble, P.E. Hubble Engineering 3952 Daisy Way Boise, Idaho 83709 Dear Mr. Hubble: Re: Final Plat Review Settlers Square At the request of Mr. Jack Niemann, Meridian City Clerk, I have reviewed the referenced plat for compliance to the Meridian Subdivision Ordinance and existing conditions of the Settlers Village Subdivision as recorded for record in Book 51 of Plats, pages 4206, 4207 and 4208. I am returning, herewith, a red -lined blueprint of the subject plat containing my comments for the benefit of others reviewing your plat but not having my red -line. My comments are as follows: a. Insert Section, Township, Range in Subdivision Title. b. Identify brass caps in Fairview Avenue. C. Call -out Fairview Avenue Centerline. d. Dimensionally locate the Southeast and Northeast corner of grid square block shown to the West side of Jericho. Is this to be Block 2? e. Dimensionally locate the Southwest and Northwest corner of grid square block shown to the East side of Jericho. Is this to be Block 1? f. Show bearing and distance for each side of Block 1 total grid square and Block 2 total grid square. I suggest you make the front and back of each block parallel to Jericho Road and each side perpendic- ular theretc. g. Why is it necessary to show the existing lot lines? I think all of the area surrounding the grid squares can be denoted as "Common Area" and not show the existing lot lines. h. Dimension easements shown on the boundary of the plat. ® HUB OF TREASURE VALLEY O A Good Place to Live OFICIALS JACK NIEMANNFCity Clerk CITY OF MERIDIAN COUNCILMEN BILL BREWER A M KIEBERT, Treasurer RONALD R. TOLSMA RICHARD D. NICHOLS, Chief of Police 728 Meridian Street J. E. BERT MYERS BRUCE D. STUART. Water Works, Supt. ROBERT GIESLER WAYNE G. CROOKSTON,JR.. Attorney MERIDIAN, IDAHO EARL WARD, Waste Water Supt 83642 808 SPENCER KENNY BOWERS, Fire Chief Phone 888-4433 Charman Zoning 8 Planning GRANT P. KINGSFORD Mayor July 10, 1984 Mr. Don E. Hubble, P.E. Hubble Engineering 3952 Daisy Way Boise, Idaho 83709 Dear Mr. Hubble: Re: Final Plat Review Settlers Square At the request of Mr. Jack Niemann, Meridian City Clerk, I have reviewed the referenced plat for compliance to the Meridian Subdivision Ordinance and existing conditions of the Settlers Village Subdivision as recorded for record in Book 51 of Plats, pages 4206, 4207 and 4208. I am returning, herewith, a red -lined blueprint of the subject plat containing my comments for the benefit of others reviewing your plat but not having my red -line. My comments are as follows: a. Insert Section, Township, Range in Subdivision Title. b. Identify brass caps in Fairview Avenue. C. Call -out Fairview Avenue Centerline. d. Dimensionally locate the Southeast and Northeast corner of grid square block shown to the West side of Jericho. Is this to be Block 2? e. Dimensionally locate the Southwest and Northwest corner of grid square block shown to the East side of Jericho. Is this to be Block 1? f. Show bearing and distance for each side of Block 1 total grid square and Block 2 total grid square. I suggest you make the front and back of each block parallel to Jericho Road and each side perpendic- ular theretc. g. Why is it necessary to show the existing lot lines? I think all of the area surrounding the grid squares can be denoted as "Common Area" and not show the existing lot lines. h. Dimension easements shown on the boundary of the plat. Im Mr. Don E. Hubble, P.E. -2- July 10, 1984 i. Check bearing and distance in Northwest corner of subdivision against record plat. j. Add note to North boundary line "Barrier" with subsequent statement under "Notes" as shown in Note 8 of the Settlers Village Subdivision plat of record. k. Show "Real Point of Beginning" and monumentation. 1. It is my understanding if an existing road right-of-way is included within a subdivision boundary, the right-of-way owner must be signa- tory to the plat as an owner. M. You call -out "common area" in the notes, but it does not show on the plat. n. Add Note No. 1 from the Settlers Village Subdivision plat of record to your notes. o. Suggest to add the following note: "Grid lines shown are along the finished face of future buildings". p. Place Land Surveyor stamp on plat front and sign. q. Consider defining grid as: "Grid means a rectangular parallelepiped, the basis of which are sixteen feet square". A similar description was used on a plat similar to yours by the lawyer for the owner. I would suggest you contact your lawyer for confirmation to use this statement. r. Correct spelling of "Boundary" in legend. S. Where are the 1/2" diameter lot pins on the plat, as shown in the legend? t. Submit covenants for review. It will be necessary for you to submit record drawings of sewer and water services (existing) so decisions can be made as to how they can be used with the buildings that will be constructed. A site drainage plan will need to be prepared showing finished grades and disposition of runoff water. As you prepare your development plans I would think it appropriate to construct a screening fence on the Doris Subdivision side of your subdivision. r ;kat uP � tg C g, � s31 } ' r { N—•i 1 d tL r �r t - r t c tl�}4 i;uav�u xf� IAl Im Mr. Don E. Hubble, P.E. -2- July 10, 1984 i. Check bearing and distance in Northwest corner of subdivision against record plat. j. Add note to North boundary line "Barrier" with subsequent statement under "Notes" as shown in Note 8 of the Settlers Village Subdivision plat of record. k. Show "Real Point of Beginning" and monumentation. 1. It is my understanding if an existing road right-of-way is included within a subdivision boundary, the right-of-way owner must be signa- tory to the plat as an owner. M. You call -out "common area" in the notes, but it does not show on the plat. n. Add Note No. 1 from the Settlers Village Subdivision plat of record to your notes. o. Suggest to add the following note: "Grid lines shown are along the finished face of future buildings". p. Place Land Surveyor stamp on plat front and sign. q. Consider defining grid as: "Grid means a rectangular parallelepiped, the basis of which are sixteen feet square". A similar description was used on a plat similar to yours by the lawyer for the owner. I would suggest you contact your lawyer for confirmation to use this statement. r. Correct spelling of "Boundary" in legend. S. Where are the 1/2" diameter lot pins on the plat, as shown in the legend? t. Submit covenants for review. It will be necessary for you to submit record drawings of sewer and water services (existing) so decisions can be made as to how they can be used with the buildings that will be constructed. A site drainage plan will need to be prepared showing finished grades and disposition of runoff water. As you prepare your development plans I would think it appropriate to construct a screening fence on the Doris Subdivision side of your subdivision. r ;kat uP � tg C g, � s31 } ' r { t - c • • Mr. Don E. Hubble, P.E. -3- July 10, 1984 If you have any questions concerning these comments, please call. GDS:mz bcc: .4 Planning & Zoning Earl & Bruce Sincerely, CI OF MERIDI Gary D ith, P.E. City Engineer iV } 3 i e t� X Jc', m -4 x • s 7 m M ID ",a rn wro coo o VA m r+ r+ r N N I a r•+ I C. -s --� O O Syr. t 0 0 a 3 s r+ m S ro n ro .. d N r•+ 03 r O 0 H N a3 r _m yl 0 Cr In �o 1. fir. .= , • Or C+ H V I .S _ c A .^r. 0•' N o m D. a n V tHn' P*4 ID ': ro c Z R! n A 3 3 t s rn v 0. C W cu 0 O CL 7h r X 0 3 a s sti -� r .•+ 3 m v m 0. 06 rt '� H o CDa d 6c cr S `C d C, cu -.a o �. r. � v ro (D v s d C Or d ro t I n rJ rt ri Or c -1 d < M-1 d tom' o VC R a r tv -- ?f — n c0 0 �� opo `t ... i o d v o o c -�• -s ro % x n — ro - a ro w elr n. N N NI > a � CL of 7 elp p m -S N 0. ro A �+ o v v C+ =• =' � N n 3 0 r•+ r ®o •�-i no C4 C-1 +� �. • GI C r N fT ul IA �O O fA rn e+ 00 n �+ {< V -n tcgo ti �? •rte0 ci in M CJ SO rD 3 rb __4 m H z ti c� z 0 rh Ul Oro r 3 t-4 t.4 O�D OD K co ` ko O w koE 00Hz c A �• f_ n -i • s 7 m M ID ",a rn m v► -s -S VA m r+ r+ r N N a r•+ N C. -s --� O O Syr. t 0 0 a 3 s r+ m S ro n ro .. d N r•+ 03 r O 0 H N a3 r _m yl 0 Cr In �o .= < Or C+ H V rfl a .S _ c A o m D. a n V tHn' P*4 ID ': d 7 a t • s 7 m M ri POP a Q! rn Syr. t s �4 cu z . z v O 0 H N z o ►.r .= < z 0 rfl a rt b -I _ c A G z n V tHn' 'AJ 0. cu 0 O 7h r X 0 3 a a 3 _? rt H J rn C, ELI c _. ;, v C. trj oo n ro t I n rJ t • t POP Syr. t �4 C July 9, 1984 Re: Final Plat Review Settlers Square At the request of Mr. Jack Niemann, Meridian City Clerk, I have reviewed the referenced plat for compliance to the Meridian Subdivision Ordinance and existing conditions of the Settlers Village Subdivision as recorded for record in Book 51 of Plats, pages 4206, 4207 and 4208. I am returning, herewith, a red -lined blueprint of the subject plat containing my comments for the benefit of others reviewing your plat but not having my red -line. My comments are as follows: a. Insert Section, Township, Range in Subdivision Title. b. Identify brass caps in Fairview Avenue. C. Call -out Fairview Avenue Centerline. d. Dimensionally locate the Southeast and Northeast corner of grid square block shown to the West side of Jericho. Is this to be -Block 2? e. Dimensionally locate the Southwest and Northwest corner of grid ' square block shown to the East side of Jericho. Is this to be Block 1? v° t Mr. Don E. Hubble, P.E. Hubble Engineering r 3952 Daisy Way Boise, Idaho 83709 01 Dear Mr. Hubble: a ,.:. July 9, 1984 Re: Final Plat Review Settlers Square At the request of Mr. Jack Niemann, Meridian City Clerk, I have reviewed the referenced plat for compliance to the Meridian Subdivision Ordinance and existing conditions of the Settlers Village Subdivision as recorded for record in Book 51 of Plats, pages 4206, 4207 and 4208. I am returning, herewith, a red -lined blueprint of the subject plat containing my comments for the benefit of others reviewing your plat but not having my red -line. My comments are as follows: a. Insert Section, Township, Range in Subdivision Title. b. Identify brass caps in Fairview Avenue. C. Call -out Fairview Avenue Centerline. d. Dimensionally locate the Southeast and Northeast corner of grid square block shown to the West side of Jericho. Is this to be -Block 2? e. Dimensionally locate the Southwest and Northwest corner of grid ' square block shown to the East side of Jericho. Is this to be Block 1? v° t r July 9, 1984 Re: Final Plat Review Settlers Square At the request of Mr. Jack Niemann, Meridian City Clerk, I have reviewed the referenced plat for compliance to the Meridian Subdivision Ordinance and existing conditions of the Settlers Village Subdivision as recorded for record in Book 51 of Plats, pages 4206, 4207 and 4208. I am returning, herewith, a red -lined blueprint of the subject plat containing my comments for the benefit of others reviewing your plat but not having my red -line. My comments are as follows: a. Insert Section, Township, Range in Subdivision Title. b. Identify brass caps in Fairview Avenue. C. Call -out Fairview Avenue Centerline. d. Dimensionally locate the Southeast and Northeast corner of grid square block shown to the West side of Jericho. Is this to be -Block 2? e. Dimensionally locate the Southwest and Northwest corner of grid ' square block shown to the East side of Jericho. 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T ;o 3 o m^ m M v y in a Z N bd d a mac. n o w Z O n x 0 rp i i tv y 2.op U] sP p- 3 txj J• m H rt no Z . a. W- o� (n v N C bd o H t7l ca CENTRAL &TRICT HEALTH DEPARTMENT 10 Review Sheet Return to: Boise Rezone # Eagle Conditional use # Meridian Peliminary/Final/Short Plat _ Kuna -q-h5, q-h5j D k I �&1�- 2� _ AC Z 1.' We have no objections to this proposal. V 2. We recommend denial of this proposal. 3. Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage dis- posal. 6. We can approve this proposal for individual sewage dis- posal to be located (2,4) feet above high seasonal ground water, 4 feet above solid lava layers. 7.7nd can approve this proposal for: entral sewage _Interim sewage _Individual sewage )CCentral water _Individual water _Community water well. 8. Plans for XCommunity sewage _Sewage dry lines, and 4Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Office. 9. 4 Street runoff is not to create a mosquito breeding problem. 10. This department would recommend deferral until high season- al ground water can be determined it other considerations indicate approval. 11. eview9ld by: `Date J. 7 CL v Q 3 7 cn 7 00 W • ON -n N 7J rz r 3 U3 0 O 0 O ` CX (A m l f T r ! (D 0- 0- (D ( CU' w 3 a rD c7+ �_ �. :I ab . cO' p i to A iT m C+ o. -1 v n a C]_ (D :3: CD := — Ci C Oi rh wQ H rD C+ -1 p O C+ C L c 1� CD S ( C ` J. J. 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'j ti j y W 1 1-3 a r O J x I N ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT 318 E. 37TH STREET DWIGHT V. BOARD, VICE PRESIDENT BOISE, IDAHO 83714 GLENN J. RHODES, SECRETARY July 3, 1984 PHONE 344-6111 Meridian Planning & Zoning Commission 728 Meridian Street Meridian ID 83642 Re: SETTLER'S SQUARE PRELIMINARY PLAT Gentlemen, The Ada County Highway District's staff has reviewed the preliminary plat of Settler's Square and the recommendations are attached. The recommenda- tions are to be considered as preliminary since the District's Commission has not reviewed the subdivision. We will forward any changes which may evolve subsequent to the Commissioners' review. If there are any questions, please call me at 344-6111. Sincerely, ADA COUNTY HIGHWAY DISTRICT Carol C. Kirby Development Services CCK/ev cc: Development Services , A®A COU TY HIGHWAt DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 83714 = Inter -Department Correspondence To: Ada County Highway District Commission Date: June 28, 1984 From: Development Services Subject: PRELIMINARY PLAT - SETTLER'S SQUARE FACTS AND FINDINGS: 1. To resubdivide Lots 4 thru 7, Block 1; and Lots 1 thru 7, Block 2; Settler's Village in order to construct three (3) commercial buildings using the grid concept. Parcel is located on the east and west side of Jericho Road north of Fairview. 2. Jericho Road is fully improved and has a 60' right-of-way, which is adequate. 3. A section of Jericho Road is included as part of the plat. This section is dedicated right-of-way, therefore, the District will be required to sign the plat as partial owner. 4. Fairview, a State Highway in this area, has adequate right-of-way. Access and improvements to be determined by Idaho Department of Trans- portation, District III. RECOMMENDATIONS: 1. Submit a site drainage plan showing elevations in critical areas and drainage flow direction for approval by the District. 2. Any work within the right-of-way requires a permit. 3. Access to parcel to be reviewed and approved by the District. SIGNATURE OF STAFF SUBMITTING: Allan F. Samuels, P.E. The recommendations presented herein are those made by the Ada County Highway District's staff and are to be considered as preliminary. The District's Commissioners have not reviewed/approved the recommenda- tions. Changes which may result from their review will be forwarded. y d§ 7 n r tea. iA <' F ?XA,t N gg�{yyt $1-"a'• ^; ��°�xU'i� YG Lel J8'ix . A3 T M',�,'� �Q a 4 .�N.dl`x r a6 i IkiA 4 % i :' • r. Qb �K vc da ff�( a> } s 0.ii0 x Y t Id } i r s,., a T'' -r`sy. 'fin ``t? 3--i3 ro N (D 'S GJO 'S Jr J. C. 3 C_ CL -.4-0 H QI J 3 N 3 00 a+ J. W 3 rn %n N �+ 3 C. n C. C. cm ^C^_ CL J. Q 3 a N S C+ (A 01 ul 3 (D A co N N a (Q c-) A -� z 00 O O A J. 3 J. C. 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N O A h (D C. m t3j H H r t� 1d ( H r G) i i I H I z n ro H z° r O H Cf' K 0 r - Lo v rb r O n x H cCt-4 _ CA C� :n 3 D 0 x --4 tri m � t H z �C-4 G7 Itxj tr7 ro 00 N c ' r I N 00 k o m m z• m Cl 0-4 CD O -� z ,g 9t • r 4t z a gJ t•td 1--I N z � a n �{ ' J• H rD N ao n3 3 J- 3 t/t 00 r. T t � k R5w k c A. a•'+ sib_ na a i ,g 9t f �rwr2A 4t a gJ 0 SETTLERS VILLAGE VACATION OF WALKWAY EASEMENTS C O M M E N T S 1. Walt Morrow, P & Z Member: No Objections 2. Moe Alidjani, P & Z Member: Like this Idea, no objections. 3. Ada County Highway: Have no concerns regarding vacation of walkways. 4. Bill Brewer, Councilman: No problems. 5. Mayor Kingsford: Believe this would improve subdivision: 6. Police: No Comments: 7. Earl Ward: No Comments: 8. City Clerk: List of Property Owners within 300 ft. received and receipts received that they received notification of hearing. -) COUNCIL 4.2.84: The Motion was made and seconded to allow the vacation of the walkways in Settlers Village by N&D Inc. 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O 3 Ci Z (D c+ m � � � a � O � C 3 7 A o+ r+ Cr 'I a C � N :3 rr rn ti y H r tzi io rn C H r G7 En C td d H C H En H O z -3 O� v C� �s 0• � F3 J. fi � o, Z N� t-1 't o y Cci a t f✓ R c w >a In VJ J H tlio H ti •H tri tz v H U) En I w t 0 O 9 0 ti ro x H r N 1✓ 9D 00 Ob xi{ tJ H z 0 d y t9 -n Z 3z A m � 7® rrTl m v 0-4 r a z 3W iv Cg E lam• z CA 3 —, J. CL x CL er p ® 3 00 rip t..t N I J J \ t. .yy OL 1 0 (T) cn m t .-h J - ft s rn ti y H r tzi io rn C H r G7 En C td d H C H En H O z -3 O� v C� �s 0• � F3 J. fi � o, Z N� t-1 't o y Cci a t f✓ R c w >a In VJ J H tlio H ti •H tri tz v H U) En I w t 0 O 9 0 ti ro x H r N 1✓ 9D 00 Ob xi{ tJ H z 0 d y t9 -n Z 3z A m � 7® rrTl m v 0-4 r a z 3W iv Cg E lam• z CA 3 —, J. CL x CL er p ® 3 00 rip t..t N CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 L/Q r,,:t 4e- APPLICATION (RE: Meridian Zoning Ordinance NAME: N & D, Inc. (Norman G. Fuller) PHONE 888-4892 Owner or holder of valid option JDRESS: P.O. Box 851 Meridian, Id 83642 GENERAL LOCATION: Settlers Village Subdivision, Meridian, Iftho LEGAL DESCRIPTION OF PROPERTY: Lots 12, 13, &- 45, 46 Block 3 PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESEfJ ZONE CLASSIFICATIONL A -Residential VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: 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 frgm the County Assessor.) ,J DESCRIPTION OF PROPOSED E: The southerly 2 1/21 of lot 45, Northerlm 2 12' of lot 6, Southerly2 1/2' of I003. Northe ly-=-2' o lot 12 Blo .k � Settlers Village Subdivision. Meridian,_ Idaho Date Rec Received SIGNATURE; CITY COUNCIL RECORD /A & D, Inc. S Norman G. Fuller Cit Council Hearin Date Fuller and Associates F er P.O Box 851 Meridiani. Idaho 83642 (208) 888-4892 March 2, 1984 Honorable Mayor and Council; 0 I would like to vacate the walkway easements on Lots 45, 46 and 12, 13 Block 3, Settlers Village Subdivision. As it now stands with these lots, we have an approx- imate 54' lot and an approximate 88' lot divided by a walkway easement on the recorded plat, in Which the only purpose for the walkway easement was to pro- vide access to the rear of in side dwelling units on these lots, the walkway ease- ment serves no purpose at all. It would make a better subdivision to have two (2) approximate 71' lots, rather than a 54' lot and an 88' lot side by side. The lots in question are still mine, I would hope it is just a simple matter for the City Council to vacate the walkway easements, as it only pertains to these lots and not the general public as shown in the recorded covenants. Thank you for your consideration of this matter. Sincerely, "." f"'"d " Norman G. Fuller NGF/sls walls kn groups* clusters of three or motoof the said dwel- ling units, t1ion no dwe11inn unit sball be erected or placed on any lot having a wi(lth of less than eighteen (18) feet at the minimum building setback line, nor shall any dwelling unit in said groups or clusters be erected or placed on a lot having an area of less than 1,800 square feet. (b) When dwelling units are joined together by common walls in groups or clusters of t.,ro of the said dwelling units, then no dwelling unit shall be erected or placed on any lot having a width of less than thirty (30) feet at the minimum building setback line, nor shall any dwelling unit in said groups or clusters be erected or placed on a lot having an area -if less than 3,000 square feet. Section 5. Easements. Easements for installation and Maintenance of utilities and drainage facilities are reserved is sh.)wn un the reL•o17k10k1 I)Jat liner over the rear five (5) feet of each lot. ;also on lots containing dwelling units joined together by coaunon walls in groups or clusters of three or more of the said dwelling units, the rear five (5) feet of each lot shall be ri:iintained as, an access; walkway, providing rear lot access to otherwise inaccessible interior dwelling units. --------------- Within these easements, no structure, planting, or other matter shall be placed or permitted to remain in which AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -5 56 fie egg Paso -N —Ar-••+Iy^ -+I 1 I H 10 l B I — � N m •I I� I tc m I a. in p M Kf s Ih r rn -PY N i N• N r' N iI i N i Nr N aI N / N N t. • #F �' I nog �6 �$ �I� � '�§ 4"§ $ E �� �4 �d �I IQ � � $ � �,` �II �� •.I Q {g •lil$ I I a `.j i� e! it i i i it I i r •I l N I — .ao M pttAt •i po •, pt t,np I A.aI Ooo 'Pa tAttwt' .atp wo pi. wu ,i -a I I .I �- E • a +tea I i tl � scpavoa •tea cy c I ... n .. . m• w.. ter,. 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CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 ftRIMME APPLICATION (RE: Meridian Zoning Ordinance NAME: N & D, Inc. (Norman G. Fuller) PHONE 888-4892 Owner or holder of valid option JDRESS • P.O. Box 851 Meridian, Id 83642 GENERAL LOCATION: Settlers Village Subdivision, Meridian, Idaho LEGAL DESCRIPTION OF PROPERTY: Lots 12, 13, & 45, 46 Block 3 PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must.be attached. PRESENT ZONE CLASSIFICATIONL A -Residential VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: 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 frgm the County Assessor.) l�w e q'11 C �J DESCRIPTION OF PROPOSED E: The southerly 2 1/21 of lot 45- Northerly 2 1/2, of lotfJ6. Southerly 2 1/2' of lot 13.__Northerly 2 /2t Settlers Village Subdivision. Meridian. Idaho Date Rec Received SIGNATURE: CITY COUNCIL RECORD /jf & D, Inc. S Norman G. Fuller City Council Hearing Date • Fuller and Associates P.O. Box 851 Meridian. Idaho 83642 (208) 888-4892 March 2, 1984 Honorable Mayor and Council; I would like to vacate the walkway easements on Lots 45, 46 and 12, 13 Block 3, Settlers Village Subdivision. As it now stands with these lots, we have an approx- imate 54' lot and an approximate 88' lot divided by a walkway easement on the recorded plat, in Which.the only purpose for the walkway easement was to pro- vide access to the rear of in side dwelling units on these lots, the walkway ease- ment serves no purpose at all. It would make a better subdivision to have two (2) approximate 71' lots, rather than a 54' lot and an 88' lot side by side. The lots in question are still mine, I would hope it is just a simple matter for the City Council to vacate the walkway easements, as it only pertains to these lots and not the general public as shown in the recorded covenants. Thank you for your consideration of this matter. Sincerely, XX'Z N & D, Inc. Norman G. Fuller NGF/sls ti ,;" ae"(" #0-5T�6� AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS SETTLERS VILLAGE SUBDIVISION ADA COUNTY, IDAHO This Declaration is made by N & D, INC., an Idaho corpora - as the "Declarant" on this 24th day of May , 1983; WITNESSETH: WHEREAS, the following documents were recorded as Instru- ment Number 8117357 in the office of the Recorder of Ada County, Ida o: Declaration of Restrictions, Conditions and Covenants Settlers Village Subdivision, Ada County, Idaho; Articles of Incorporation of Settlers Village Homeowners Association; and Bylaws of Settlers Village Homeowners Association, which docu- ments were exec>>ted on the 7th day of April, 1981, by the then owners of that certain real property encumbered by said instru- ments; and WHEREAS, another set of Restrictions, Conditions and Covenants encumbering Settlers Village Subdivision were recorder] as I strument Number 7863739 in the office of the Recorder of Ada Pounty, Idaho; and WHEREAS, Declarant herein is the owner of the residential portion of Settlers Village, an Ada County subdivision, located in tae City of Meridian, Idaho, which portion of real property is m re particularly described as follows: A portion of the S1/2, SE1/4, Section 6, T. 3 N., R. 1 E., Boise Meridian, recorded as Settlers Village Subdivision on Book 45 of plats at pages 3697 through 3698, records of Ada County, Idaho, excepting lots 1 through 7, Block 1, and Lots 1 through 7, Block 2 thereof; and WHEREAS, Declarant desires, by this instrument, to set forth rest ictive covenants and conditions affecting the said real AMEN�ED RESTRICTIONS, CONDITIONS AND OVENANTS-1 property that will amend, supersede and in all respects replace any and all existing restrictive covenants on the said property as reflected by Instrument Numbers 8117357 and 7863739. NOW, THEREFORE, Declarant hereby revokes Instrument Numbers 8117357 and 7863739, as recorded in the office of the Ada County Recorder, Idatlo, in their entirety, declaring the same to be null and void, with none of the provisions thereunder to have any further force and effect. In their place, Declarant hereby declares that the real property described above shall be held, sold and conveyed subject to the following easements, conditions and covenants, which are for the purpose of protecting the value and desireability of, and which shall run with, the said real property and be binding on all parties having any right, title or interest in the described property or any part thereof, Llieir heirs, successors and assigns, and shall inure to the heriefit of each owner thereof. ARTICLE I DEFINITIONS Section i. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple lot title to any lot which is a part of the properties, includ- ing contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 2. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions to said real property thereto as may be added and therefore come under the terms of this Declaration. Section 3. "Lot" shall mean and refer to any plot of land AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -2 shown,upon thd6corded subdivision map Oahe properties hereinbefore described in this Declaration. Section 4. "Building lot" shall mean any lot or combina- tion of two or snore of such lots, as defined in the previous definition, which are purchased as a unit, and upon which is built a single building. ARTICLE II AREA OF APPLICATION Section 1. Fully -Protected Residential Area. The restric- tions and covenants set forth hereinafter shall apply and are intended to apply only to the area of Settlers Village which is currently zoned residential by ordinance of the City of Meridian. This portion of the subdivision consists of the following lots, and none others, as set forth upon the recorded subdivision map: Block 1, Lots 8 through 37; Block 2, Lots 8 through 13 and Lots 15 through 20; Block 3, Lots 1 through 68; ;_luck 4, Lots 1 through 16; Block 5, Lots 1 through 20. These covenants shall further apply, and are intended to apply to any building lot created by combining more than one of the forego- ing platted lots. ARTICLE III RESIDENTIAL AREA COVENANTS Section 1. Land Use and Building Type. No lot or building lot shall be used except for residential purpose. No building shall be erected, altered, placed or permitted to remain on any lot other than one attached or detached single family dwelling not to exceed two and one-half stories in height. Each such dwelling shall have as a minimum a private enclosed garage. AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -3 No such dwellitoshal.l be constructed with flat roof nor shall carports, attached or detached, be permitted. Section 2. Architectural Control. No building shall be erected, placed or altered on any lot, or building lot, until the construction plans and specifications and a plan showing the location of the structure have been approved by the Residen- tial Architectural Control Committee as to the quality of workmanship and materials, harmony of exterior design with existing structure, and as to location with respect to topo- graphy and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback lines unless similarly approved. Approval shall be as provided in Article VI. Section 3. Dwelling Cost, Quality, and Size. No dwelling shall be permitted on any lot at a cost of less than $42,000.00 sales price, based upon cost levels prevailing on the date these covenants are recorded, it being the intention and pur- pose of the covenants to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1,030 square feet for a one- story dwelling; not less than 540 square feet for dwellings of more than one story. Section 4. Lot Area and Width. (a) When dwelling units are joined together by common AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -4 walls i'n groupor clusters of three or more of the said dwel- ling units, then no dwelling unit shall be erected or placed on any lot having a width of less than eighteen (18) feet at the minimum building setback line, nor shall any dwelling unit in said groups or clusters be erected or placed on a lot having an area of less than 1,800 square feet. (b) When dwelling units are joined together by common walls in groups or clusters of two of the said dwelling units, then no dwelling unit shall be erected or placed on any lot having a width of less than thirty (30) feet at the minimum building setback line, nor shall any dwelling unit in said Y groups or clusters be erected or placed on a lot having an area ,if less than 3,000 square feet. Section 5. Easements. Easements for installation and maintenance of utilities aria drainage facilities are reserved as shown on the recorded plat and over the rear five ( 5 ) feet of each lot. Also on lots containing dwelling units joined together by coiamon walls in groups or clusters of three or more of the said dwelling units, the rear five (5) feet of each lot shall be maintained as an access walkway, providing rear lot access to otherwise inaccessible interior dwelling units. Also some lots containing dwelling units joined together by common wall.; in groups or clusters of three or more will have easements as shown on the recorded plat over the side two and one-half (2-1/2) feet of those lots, said easement is for the purpose' of providing walkways from the streets to the rear access T walkw.iys. Within these easements, no structure, planting, or other matter shall be placed or permitted to remain in which AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -5 may damage or iarfere with the installat0 and maintenance of utilities, or which may change the direction of a flow of drainage channels in the easements. Except that in the ease- ments reserved for and maintained as walkways, there may be erected or placed, materials on the surface of the surface of the ground to be used as a footpath. The purpose of these improvements shall be to limit maintenance, improve appearance and provide use as a walkway. The easement area of each lot and all improveinents in it shall be maintained continuously by 4 the owner of the lot, except for those improvements for which a public authority or utility company is responsible. Section 6. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Section 7. Teiuj)OUary Structure. No structure of a tempo- ary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a resident either temporarily or permanently. Section 8. Parking. No recreation vehicles, trailers, automobiles, boats or other such vehicles shall be parked permanently on the streets. All permanent parking shall be in ' garages or attached driveways. Section 9. Signs. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than five (5) square feet advertising the property for sale of rent, or signs used by a builder to advertise the { property during the construction and sales period. AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -6 Section Oil and Mining Operatio�. No oil drilling, oil development operation, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. Section 11. Livestock and Poultry. 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 airy commercial purpose. The applicable City of Meridian ordi- nance providing for leashes or pens will be strictly observed with reference to all household pets. Section 12. Garbage and Refuse Disposal. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary cont? it ion. Section 13. Sewage Disposal. Ivo individual sewage dispos- al system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the require- ments, standards and recommendations of the City of Meridian. Approval of such system installed shall be obtained from such authority. Section 14. Landscaping. All lots shall be landscaped with Lawn, shrubs, planting beds, and trees in accordance with the owner's discretion, except that all owners shall maintain at AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -7 least. one decid*s shade tree placed five 0) feet from the sidewalk on the front lot line and three (3) feet from the side lot line opposite the driveway. (Corner lots will comply with Section 15.) All landscaping shall be maintained by the owner in such manner as to cause a pleasing appearance and in such manner which will sustain property values in the community. Section 15. Sight Distance of Intersections. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. No tree shall be permitted to remain with such .iistance of such intersection unless the foliage line is main- tained at sufficient height to prevent obstruction of such sight lines. ARTICLE IV ARCE11TECTURAL CONTROL COMMITTEE Section 1.. Membership. (a) The Residential Architectural Control Committee is composed of the following: NAME ADDRESS Glen Gordon 17350 South West Shaw Aloha, Oregon 97005 Norman G. Fuller 1103 West Camellia Meridian, Idaho 83642 Either me,;lber may designate the other to act on his behalf AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -8 on the ArchitAral Control ConUnitt ee provided such designa- tion be in writing. (b) In the event of death or resignation of either member of the committee, the remaining member shall have full author- ity to designate a successor. Successors shall be designated from the recorded owners of the residential lots. Section 2. Procedure. The committee's approval or dis- approval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, approval Will not be required and the related covenants shall be deemed to have been fully complied with. ARTICLE V GENERAL PROVISIONS rection 1. Declaration of Party wall Covenant and Easement. (a) Some of the dwellings and buildings in the residential area shall be constructed on lots with common walls and common access for utilities. (b) Tine,00 common access areas require covenants and 0asemecits for the use, enjoyment and benefit of the subsequent individual, separate owners succeeding to the ownership of the several units and parcels. (c) It is contemplated that the owner(s) may complete construction upon parcels of land of certain dwelling units or buildings which have common party walls upon the lines forming the boundary between said parcels or property. (d) The owner or part-owner of either or any of said AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -9 parcels shall love the right to enter upo, over, under or through the parcel and premises opposite the side of such common party wall or structure wall which faces the wall of such owner or occupant for the purposes of repairing, replacing, maintain- ing and renovating such wall or the utilities serving the premises. (e) The owner or occupant of any of the above described parcels shall not drive, place, or cause to be driven or placed, any nails, screws, bolts, or other objects into the party or structural wall or that wall which forms a common boundary and line with the lot and unit of any other owner. Excepting, however, that any party may use screws or nails or similar objects to attach paneling, pictures or decorative objects to such wall which do not penetrate to a depth of over one-half (1/2) inch. ( f) The owner of ally lot 011- unit herein described, shall not erect or Maintain, within a distance of four (4) feet of any common party wall or structural wall forming the boundary between such lot and the lot or unit of any other owner, any structure whicliinay impede or interfere with any necessary maintenance, repairs, restoration of the party or structural wall. (g) The wall constructed or to be constructed shall form a common wall or party wall on the boundary line adjoining properties described, and shall remain a party wall and each of the adjoining owners shall have the right to use such as a common party wall jointly with the other adjoining owner. (h) The respective owners or occupants of each of the AMENDED RESTRIC'T'IONS, CONDITIONS AND COVENANTS -10 ' providing at let, three-fourths of the . pr*rty owners, as of the date of said amendment, execute such amendment duly made and reduced to writing as provided for in Section 2 herein. Section 4. Enforcement. Enforcement shall be by proceed- ings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain viola-. tion or to recover damage. Should any person entitled to enforce these Restrictions, Conditions and Covenants do so by legal action, then the prevailing party of such legal action shall be entitled to an award of reasonable attorney fees. Section 5. Severabilit . Invalidation of any 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. ARTICLE V ATTEST IN WITNESS WHEREOF N & D, INC., has caused this Declara- tion and Agreement to be executed the day and the year herewith stated. N & D, INC. ;NOR AN G. FULLE resident ATTEST Y � Secretary STATE OF IDAHO ) :ss County of Ada ) On this ?4_- day of � 1983, before me a notary Public in and for said state, personally appeared NORMAN G. FULLER AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -12 9 ( w and Shannon L. Spencer known or identified to me to be the President and Secretary, respectively, of the corporation that executed the above instrument or the persons who executed the instrument on behalf of said corporation, and acknowledged to ►ne that such corporation executed the same. WITNESS MY SEAL. i Not ry Public for Idaho Resi ing at Boise, Idaho n ;'cnty• Idaho, "IrRST AMEFUNJI LL CO. DATE 'C By Deputy *Ir.00 y: � AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -13 N 0 50-1306A MUNICIPAL CORPORATIONS 556 where no area of city impact has been officially adopted, all plats situate within one (1) mile outside the limits of any incorporated city shall first be submitted to the said city, and approved by the council of said city before the same shall be recorded. Items which may be considered by the city include, but are not limited to, continuity of street pattern, street widths, and drainage provisions. If the city has adopted a subdivision ordinance and/or a comprehensive plan, then these documents may be used as guidelines for approving plats. Such city approval shall be in addition to county approval. Within one (1) mile of the city, a city subdivision ordinance shall prevail over a county subdivision ordinance unless the 6ity and county mutually agree upon any differences. Where the jurisdiction of two (2) cities overlaps, then the jurisdiction shall be assumed by the larger city. [1967, ch. 429, § 224, p. 1249; am. 1979, ch. 88, § 2, p. 214.1 Sec. to sec. ref. This section is referred to in § 31-3805. 50-1306A. Vacation of plats — Procedure. — When any person, persons, firm, association or corporation may desire to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city, it shall be lawful for such person, persons, firm, association or corporation to petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem neces- sary in the public interest. When the platted area lies more than one (1) mile beyond the city 116its, the procedures set forth herein shall be followed with the county commissioners of the county wherein the property lies. The county commissioners shall have authority, comparable to the city council, to grant the vacation, provided, however, when the platted area lies beyond one (1) mile of the city limits, but adjacent to a platted area within one (1) mile of the city, consent of the city council of the affected city shall be necessary in granting any vacation by the county commissioners. All publication costs shall be at the expense of the petitioner. [I.C., § 50-1306A, as added by 1971, ch. 6, § 1, p. 16.1 60-1307. Designation of townsite and addition — Necessity of distinctiveness — Limitations on rule. — Plats of towns, subdivisions or r I VAC*.JN OF PLATS AND EASEMENT4 Nowr The following procedure shall be followed whenever a vacation of a plat or easement is desired: 1.' File a petition to vacate all or a portion of a recorded subdivision or an easement with the City Clerk. The petition shall set forth the particular circumstances of the requests to vacate, contain a legal description of the platted area or property to be vacated and the names of the persons affected by the vacation. 2. The City Clerk, simultaneously with the filing, sends -" copies of all pertinent material to the City Engineer, City Attorney and Planning and Zoning Administrator. 3. The City Clerk shall set a date before the City Council for a public hearing of the petition to vacate, and shall notify petitioner as to date and time. 4. Petitioner shall provide written notice of public hearing by certified mail with return receipt at least ten (10) days prior to the date of public hearing to all property owners within three hundred (300) feet of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the Idaho Statesman, the last of which shall be not less than seven (7) days prior to the date of said hearing. All. publication costs shall be at petitioner's expense. 5. The Public Works Department shall process the staff report and recommendation to the City Council after consulting with the City Attorney and Planning and Zoning Department. Required Standard Conditions for Vacating of Subdivision Plats 1. A letter is required from each utility giving consent and relinquishment of all utility easements within the boundary of the proposed vacation. 2. Developer and/or owner shall provide the Department of Public Works -with an affidavit certifying that no lots within the boundary of the proposed vacation have been sold, including to contract buyers. 3. Developer and/or owner shall provide the Department of Public Works with an affidavit certifying that there are no outstanding loans, mortgages or commitments based on the original subdivision lots. 4. Developer and/or owner shall provide the Department of Public Works with certification by the Boise City Attorney that all legal requirements have been fulfilled. r�oT�i�r• •sr sig 1.90 woo N >pN x 01 A iri Ri ^ iii '�' ai a►, O+ r A ro r . ♦ In �•N�r_N•N rl a i isIn t ry t ARM. MOO � —moi --1 a._� �. � � .��� ����",r•= 149- 7- ill ml In It fs � •r N • 1 1• 1 +' 'd 1 p • y 1 Y l Y � y� . J i+liiiU• .t�•� /'x_;,11.. .. .— V V r PI 11 i •iwKi3.:. .°� i tinier'--- ..+ ..l . r 7.1.7•-'- �I * 7.w -- Allow SO 2 L6 r I 4 I �.p7"•" wr G.M.►• \ 1 NM w • r wwAS AveLil _`pr • � _ , liw• � a�d � � t t =8 r .-mareft 0 in _- �. 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MON two&& n.0 tr e a1ta���ln y W _J .i tQ"Olvar11 r 1oT�•w� ,s► to a."Am o N ..e+ on � r I r ' i I I 1 Y- gg A i war s-meIm - coil i . t ft ��II Mc F i ,,An"'Yb�g �etFp$1SM7 rTy f V V i zAll Mos mXt 1x3C�i i,�r 4�s ,s► to a."Am o N ..e+ on � r I r ' i I I 1 It N 1 A i war s-meIm - coil i . -'�---- —"7th __ _--�?".r---�J91�7I-` • - — 1 ,00oaa It N 1 A i war s-meIm - coil ��II •i.aii:.n -'�---- —"7th __ _--�?".r---�J91�7I-` • - — 1 ,00oaa Meridian City Council 2. 1984 Regular meeting of the Meridian City Council was called to order by Mayor Kingsford at 7:30 p.m. Council Members Present: Bill Brewer; Ron Tolsma; Bert Myers; Bob Giesler; Others Present: Doug Nichols; Vern Schoen; Bruce Stuart; Gary Smith; Earl Ward; Norman Fuller; R.C. Spencer; Marnell Chenowith; Gary Schaffer; Steve Gratton; Kenny Bowers; R.B. Glenn; John Matzinger; Elaine Schlekeway; Harriet Gutertz; Wayne Crookston Jr.; Jack Niemann; Minutes of the previous meeting held March 19, 1984 were approved as written. Item 1 Proclamation Declaring National Wrestling Week Mayor Kingsford Proclaimed: "Whereas the City of Meridian commends the amateur wrestlers of the Meridian School District and all other amateur wrestlers in the State of Idaho. Therefore, as Mayor of Meridian, I do hereby proclaim the week of April 1-7, 1984 National Amateur Wrestling Week and urge all residents to join in our salute." Item 2 Proclamation Declaring National Library Week Mayor Kingsford Proclaimed: "Whereas, Americans have access to unlimited knowledge at their local libraries; and Whereas, America's libraries are free and open to all people; and Whereas, the quality, diversity and quantity of information provided by local libraries is dependent upon community support; and Whereas, the library in Meridian are celebrating'National Library Week with the Theme, "Knowledge Is Real Power;"and Whereas, that theme encourages everyone to use resources available to them in their libraries to help them succeed in all aspects of life; Therefore, I, Grant P. Kingsford, Mayor of the City of Meridian, Idaho, proclaim April 8-14, NATIONAL LIBRARY WEEK in Meridian, Idaho, and encourage all citizens to use our library to gain the knowledge they need." Item 3 PUBLIC HEARING: Vacation of Walkways Settlers Village Mayor Kingsford opened the Public Hearing. There was no testimony. Mayor Kingsford closed the Public Hearing. Kingsford mentioned that this was to accomodate a change from hight density dwelling to single family dwellings. The Motion was made by Giesler and seconded by Myers to allow the vacation of the walkways in Settlers Village by N&D Inc. Motion Carried: Brewer, yea; Tolsma, yea; Myers, yea; Giesler, yea; Item 4 Pre -Termination Hearing; Water/Sewer/Trash Delinquencies Mayor Kingsford read: "This is to inform you, if you choose to, you -have the right to a pre -termination hearing, at 7:30 p.m., April 2nd, 1984, 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, and Trash bill is delinquent. You may retain counsel. This service will be discontinued April 10th, 1984, unless payment is received in Full." Mayor: "Is there anyone present that wishes a pre -termination hearing?" There was no response. s b , PETITION TO STOP FUR1& LOT SPLITING AND CONSTRUCTIONO DEVALUING PROPERTIES. We the below signed homeowners of Settlers Village Subdivision hearby petition further lot spliting and construction of homes which devalue existing properties. The subdivision has progressed well with attractive homes being constructed until recently. We are now seeing our properties being devalued by overcrowding of homes on remaining lots and construction of which are offensive in appearance, WE REQUEST IMMEDIATE ACTION BE TAKEN IN THIS MATTER TO PREVENT THE IMPACT OF THESE PRACTICES FURTHERING THE DAMAGE DONE TO EXISTING HOMEOWNERS. Si ned 4k Llk Signed LU Signed ��"� 4? l - T . Signed C Signed Signed Signed Signed Signed Date Date t/ -s - Date Date Date Date Date Date Date i.•� k& vfi rvgi y } x III i s b , PETITION TO STOP FUR1& LOT SPLITING AND CONSTRUCTIONO DEVALUING PROPERTIES. We the below signed homeowners of Settlers Village Subdivision hearby petition further lot spliting and construction of homes which devalue existing properties. The subdivision has progressed well with attractive homes being constructed until recently. We are now seeing our properties being devalued by overcrowding of homes on remaining lots and construction of which are offensive in appearance, WE REQUEST IMMEDIATE ACTION BE TAKEN IN THIS MATTER TO PREVENT THE IMPACT OF THESE PRACTICES FURTHERING THE DAMAGE DONE TO EXISTING HOMEOWNERS. Si ned 4k Llk Signed LU Signed ��"� 4? l - T . Signed C Signed Signed Signed Signed Signed Date Date t/ -s - Date Date Date Date Date Date Date i.•� k& vfi rvgi y } x v FR � t 3 bt 411 Y 45.sYg e PETITION TO STOP FURTHER LOT SPLITING AND CONSTRUCTION OF DEVALUING PROPERTIES. We the below signed homeowners of Settlers Village Subdivision hearby petition further lot spliting and construction of homes which devalue existing properties. The subdivision has progressed well with attractive homes being constructed until recently. We are now seeing our properties being devalued by overcrowding of homes on remaining lots and construction of homes which are offensive in appearance. WE REQUEST IMMEDIATE ACTION BE TAKEN IN THIS MATTER TO PREVENT THE IMPACT OF THESE PRACTICES FURTHERING THE DAMAGE DONE TO EXISTING HOMEOWNERS. Signed ,�f� �I b7��NAlIZ �6yT��S Date 1 Z,ZlPJZ g� lot-, 1`Hi'//7 c r &q2. Signed$��s✓o.�- Date Ceti _ p Si ned �Date r� Signed Date Signed Da e f' (o /wet, t4't !:;* e��� Si ned ff����i Date l l� .LLL_r`P Signed .arm e� S�/r� . Date Signed Date Sioned Date PETITION TO STOP FURTHER LOT SPLJTING AND CONSTRUCTION OF DEVALUING PROPERTIES. We the below signed homeowners of Settlers Village Subdivision haarby petition further lot spliting and construction of homes which devalue existing properties. The subdivision has progressed well with attractive homes being constructed until recently. We are now seeing our properties being devalued by overcrowding of homes on remaining lots and construction of homes which are offensive in appearance. WE REQUEST IMMEDIATE ACTION BE TAKEN IN THIS MATTER TO PREVENT THE IMPACT OF THESE PRACTICES FURTHERING THE DAMAGE DONE TO EXISTING HOMEOWNERS. 61 ned Date SiQned Date 107el C— SiQned DateL ne L- Date ��.�����'�� / r ' w.� Signed �� ----�-- Date � r-~ J /�-�0� Signed Date - '/-��_5�� ~ - _/�/u�L�uo w -~ Signed Date / ~ Date� ,�, lb—L-1 LW�� ���.� _ L�� ��_��� /6�/� � /O�����n��iQ�_ " _ - Sioned D�� . S i cine� DateL , op k � �x r S4$�. 3 �F 4� • • PETITION TO STOP FURTHER LOT SPLITING AND CONSTRUCTION OF DEVALUING PROPERTIES. We the below signed homeowners of Settlers Village Subdivision hearby petition further lot spliting and construction of homes which devalue existing properties. The subdivision has progressed well with attractive homes being constructed until recently. We are now seeing our properties being devalued by overcrowding of homes on remaining lots and construction of homes which are offensive in appearance. WE REQUEST IMMEDIATE ACTION BE TAKEN IN THIS MATTER TO PREVENT THE IMPACT OF THESE PRACTICES FURTHERING THE DAMAGE DONE TO EXISTING HOMEOWNERS. Signed 1-76 f I?- ® 1-Y if/, e ,®d/6;74 -C/ Signed Signed,�� Si nes` Signed Date 8110 Date A010 Date k-ko-e5 Date L/[ of c� Date �/ Date Date Sinned ^�� �� � Date Sioned �' (' Date j9;;_ /0/S V/0-2ilr ME ^ .. �� �� ^ ^ �N�� �N�� �� �� PETITION TO STOP FURTHER LOT SPLITING AND CONSTRUCTION OF DEVALUING PROPERTIES. We the below signed homeowners of Settlers Village Subdivision hearby petition further lot 5pliting and construction of homes which devalue exi5ting properties. The subdivision has progressed well with attractive homes being constructed until recently. We are now seeing our properties being devalued by overcrowding of homes on remaining lots and construction of homes which are offensive in appearance. WE REQUEST IMMEDIATE ACTION BE TAKEN IN THIS MATTER TO PREVENT THE IMPACT OF THESE PRACTICES FURTHERING THE DAMAGE DONE TO EXISTING HOMEOWNERS. i ran a d Date. Date'. � Lined , Date. Si ne Td- Date AXL Signed Date allSiQned ' ===� Date =-- Date ���/ ^^' � Sicined Date q ~ 13' • _ • AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS 1630 wEsr sCATE� P. O. BOX 427 GRANT L.AMBROSE (1015-1968) MERIDIAN, IDAHO 83642 IOHN O.PCfZGERALD April 10 1985 TELEPHONE 6884461 wAYNE G. CROOKSTON, IR. , P . A • AREA CODE 206 FRED 1. FRAHM Douglas M. Ewing 3784 Farlight Place Meridian, Idaho 83642 RE: OPERATING A BUSINESS IN A RESIDENTIAL ZONE Dear Mr. Ewing: I am writing to you in my capacity as City Attorney, for the City of Meridian. You have previously been informed that your operation of your construction business out of the residence at the address, 1902 Teare Avenue, Meridian, Idaho is in violation of the Meridian Zoning Ordinance. The City Clerk previously forwarded.to you a notice that you had to cease doing business at that location. You responded by informing Mr. Niemann, the City Clerk, that you would be leaving within a week. More than a week has lapsed since you InformednMris Niemann that you would be moving. Therefore, HEREBY MADE UPON YOU to cease operating your construction business from that location. If you do not cease to so operatbe within institutedee das of against youetoipt of injointhis you fromethu it willill that use. Very Truly Yours, Wayne G. Crookston,Jr. WOE/ms CC: CITY CLERK JACK NIEMANN OFFICIALS JACK NIEMANN, City Clerk A.M. KIEBERT, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief March 8, 1985 • • HUB OF TREASURE VALLEI' A Good Place to Live CITY OF MERIDIAN COUNCILMEN BILL BREWER RONALD R. TOLSMA E. BERT MYERS 728 Meridian Street ROBERT GIESLER R MERIDIAN, IDAHO BOBSPENCER 83642 Chairman Zoning & Planning Phone 888.4433 GRANT P. KINGSFORD Mayor Mr. Doug Ewing 1902 Teare Ave Meridian, Idaho 83642 Dear Mr. Ewing, The City has received several complaints that you are conducting your construction business from the house located at 1902 Teare ave. This property is zoned residential and it is in viol- ation of the City of Meridian Ordinance's to conduct a business in a residential zone without first obtain- ing a Conditional Use Permit. Pursuant to Idaho Code 67-6527 violation of the Ordinance is a misdemeanor punishable by a fine up to Three Hundred Dollars ($300.) and a maximum of six months (6) in jail. Applications for a Conditional Use Permit are available at the City Hall. Sincerely, J cR--lie A inst for of Zoning &IDDevekopment Ordinance. Mayor Council Attorney File OFFICIALS JACK NIEMANN, City Clerk A.M. KIEBERT, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief March 8, 1985 0 • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN COUNCILMEN BILL BREWER RONALD R. TOLSMA 728 Meridian Street J. E. BERT MYERS ROBERT G ESLER MERIDIAN, IDAHO BOB SPENCER 83642 Chairman Zoning S Planning Phone 888-4433 GRANT P. KINGSFORD Mayor Mr. Doug Ewing 1902 Teare Ave Meridian, Idaho 83642 Dear Mr. Ewing, The City has received several complaints that you are conducting your construction business from the house located at 1902 Teare ave. This property is zoned residential and it is in viol- ation of the City of Meridian Ordinance's to conduct a business in a residential zone without first obtain- ing a Conditional Use Permit. Pursuant to Idaho Code 67-6527 violation of the Ordinance is a misdemeanor punishable by a fine up to Three Hundred Dollars ($300.) and a maximum of six months (6) in jail. Applications for a_Conditional Use Permit are available at the City Hall. Sincerely, J cR�-�Yie `"WA ' A inst for of Zoning & Dev opment Ordinance. Mayor Council Attorney File OFFICIALS JACK NIEMANN, City Clerk A.M. KIEBERT, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief March 8, 1985 0 • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN COUNCILMEN BILL BREWER RONALD R. TOLSMA . Tl8 Meridian street J. E. BERT MYERS ROBERT GIESLER MERIDIAN, IDAHO BOBSPENCER 83642 Chairman Zoning & Planning Phone 86&4433 GRANT P. KINGSFORD Mayor Mr. Doug Ewing 1902 Teare Ave Meridian, Idaho 83642 Dear Mr. Ewing, The City has received several complaints that you are conducting your construction business from the house located at 1902 Teare ave. This property is zoned residential and it is in viol- ation of the City of Meridian Ordinance's to conduct a business in a residential zone without first obtain- ing a Conditional Use Permit. Pursuant to Idaho Code 67-6527 violation of the Ordinance is a misdemeanor punishable by a fine up to Three Hundred Dollars ($300.) and a maximum of six months (6) in jail. Applications for a Conditional Use Permit are available at the City Hall. Sincerely, J c7F-�Yie A inst for of Zoning fl& Dev opment Ordinance. Mayor Council Attorney File AMBROSE FITZGERALD $GROOKSTON Attorneys and Sounselore P.O Box 427 Meridian, Idaho BW2 Totepnone 888-4481 .0 N©TICE OF PUBLIC HEARING 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 in the City of Meridian at the hour of 7:30 o'clock p.m. on the 2nd day of April, 1984, for the purpose of considering and hearing the petition of Norman G. Fuller for the vacation of two (2) pedestrian easements in Settlers Village Subdivision, Ada County, Idaho, which are described as follows: EASEMENT 1: The South 2 1/2 feet of Lot 45, Block 3, and the North 2 1/2 feet of Lot 46, Block 3, Settlers Village Subdivision, Ada County, Idaho. EASEMENT 2: The South 2 1/2 feet of Lot 13, Block 3, and -the North 2 1/2 feet of Lot 12, Block 3, Settlers Village Subdivision, Ada County, Idaho. 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H O z z 0 N rt 0 Hi W r- �t C N• m W � S tai 0. tij m tri �+ z N7 ti 'TJ t-3 C CCD t21 0 - r � O x� r Ea w tv ry /� ,,EnK^ J ti O y bd g ti .H til W ',,w^ rH,^^ V, VJ <d� N C En tori H iw i A H z CJ E- m %D 00 IP rn m 6 �y '® H H ..� O Z >: r En 3 `4 CD CL -% p„ F-. cp • 03 CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 L/Q c.a4e- M.&EAM APPLICATION (RE: Meridian Zoning Ordinance NAME: N & D, Inc. (Norman G. Fuller) PHONE 888-4892 Owner or holder of valid option _)DRESS: P.O. Box 851 Meridian, Id 83642 GENERAL LOCATION: Settlers Village Subdivision, Meridian, If.ho LEGAL DESCRIPTION OF PROPERTY: Lots 12, 13, & 45, 46 Block 3 PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must.be attached. PRESENT ZONE CLASSIFICATIONL A -Residential VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: 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 frgm the County Assessor.) it DESCRIPTION OF PROPOSED' E: The southerly 2 1/2' of lot 45, Northerly 2 1/2' of lotJ6. Southerly 2 1/2' of lot13, Northerly 2 1/21 of lot 12 Block 3, Settlers Villaae Subdivision. Meridian_ Idaho Date Rec Received SIGNATURE: CITY COUNCIL RECORD ,"A & D, Inc. S Norman G. Fuller City Council Hearing Date AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 NOTICE OF PUBLIC HEARING 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 in the City of Meridian at the hour of 7:30 o'clock p.m. on the 2nd day of April, 1984, for the purpose of considering and hearing the petition of Norman G. Fuller for the vacation of two (2) pedestrian easements in Settlers Village Subdivision, Ada County, Idaho, which are described as follows: EASEMENT 1: The South 2 1/2 feet of Lot 45, Block 3, and the North 2 1/2 feet of Lot 46, Block 3, Settlers Village Subdivision, Ada County, Idaho. EASEMENT 2: The South 2 1/2 feet of Lot 13, Block 3, -and' -the North 2 1/2 feet of Lot 12, Block 3, Settlers Village Subdivision, Ada County, Idaho. Any and all interested persons shall be heard at said meeting. This Notice is given pursuant to Section 50-1306A of the Idaho Code. DATED this 7th day of March, 1984. Fuller and Associates P.O. Baur 851 Meridian, Idaho 83642 (208) 888-4892 March 2, 1984 Honorable Mayor and Council; I would like to vacate the walkway easements on Lots 45, 46 and 12, 13 Block 3, Settlers Village Subdivision. As it now stands with these lots, we have an approx- imate 54' lot and an approximate 88' lot divided by a walkway easement on the recorded plat, in Which the only purpose for the walkway easement was to pro- vide access to the rear of in side dwelling units on these lots, the walkway ease- ment serves no purpose at all. It would make a better subdivision to have two (2) approximate 71' lots, rather than a 54' lot and an 88' lot side by side. The lots in question are still mine, I would hope it is just a simple matter for the City Council to vacate the walkway easements, as it only pertains to these lots and c not the general public as shown in the recorded covenants. Thank you for your consideration of this matter. Sincerely, N & D, Inc. Norman G. Fuller NGF/sls walls in grouhar clusters of three or A of the said dwel- ling units, then no dwelling unit shall be erected or placed on any lot having a width of less than eighteen (18) feet at the minimum building setback line, nor shall any dwelling unit in said groups or clusters be erected or placed on a lot having an area of less than 1,800 square feet. (b) When dwelling units are joined together by common walls in groups or clusters of two of the said dwelling units, then no dwelling unit shall be erected or placed on any lot having a width of less than thirty (30) feet at the minimum building setback line, nor shall any dwelling unit in said groups or clusters be erected or placed on a lot having an area `-)f less than 3,000 square feet. Section 5. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five (5) feet of each lot. ;also on lots containing dwelling units joined together by corunon walls in groups or clusters of three or more of the said dwelling units, the rear five (5) feet of each lot shall be iii.iintained as an recces walkway, providing rear lot access to othu_rwise inaccessible interior dwelling units. s Within these easements, no structure, planting, or other matter shall be placed or permitted to remain in which AMENDED RESTRICTIONS, CONDITIONS AND COVENANTS -5 0 ,6b'£IB • "3.•.6 9Ze0'N *,f OLL C-� m rfivar.) 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