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HomeMy WebLinkAboutArnie Subdivision PP7 r LOUIS W. RIGGS TUDOR ENGINEERING COMPANY RALPH A. TUDOR (19021%3) ROBERT N. JANOPAUL CORPORATE OFFICE PAUL E. POTTER CONSULTING ENGINEERS AND PLANNERS 149 NEW MONTGOMERY ST. KEITH D. BULL SAN FRANCISCO. DOUGLAS J. MANSFIELD 1802 NORTH 33RD STREET CALIFORNIA 94105 ORAL 1.CONYERSBOISE , IDAHO 83703 ASSOCIATED CONSULTANT DAVID C. WILLER DAVIS C. TOOTHMAN TELEPHONE (208) 342-5511 MICHAEL B. HARRINGTON PAUL S. KUNZ THEODORE H. PURCELL STANLEY L. McHUTCHISON WALTER F. ANTON RICHARD F. ORTON ROBERT W. MYRDAI DONALD G. PAYNE r _o 0 BUILDING RESTRICTIONS AND COVENANTS ARNI E SUBDIVISION KNOW ALL MEN BY THESE PRESENTS: 6. Paul A. Stutzman and D'Arlene Stutzman, Husband & Wife, the owner of the property :hereinafter described, does by this instrument impose upon said real property the hereinafter contained building and occupancy restrictions and covenants and for that purpose duly makes, executes and files of record herewith, in the Office of the County Recorder of Ada County, Idaho, this instrucment. Said premises are described as follows: Arnie Subdivision, an addition to the City of Meridian, Idaho, according to the official plat thereof, of record in the Office of the Recorder of Ada County, Idaho, as the same is shown in Book of Plats at page Instrument NO. Said restrictions and covenants are as follows, to -wit: 1. Said land and the whole thereof shall be used exclusively for residential purposes. Lots may not be sold or conveyed in tracts of any size smaller than the lots as recorded in the orginial platting, without the written approval of the Architectural Control Committee. 2. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the loca- tion of the structure have been approved by the Architectural Control Com- mittee as to quality of workmanship and materials, harmony of external design with existing structures, as to locations with respect to topography 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 set back line unless similarly approved. Complete plans and specifications of all proposed buildings and structures, together with a detailed plan showing proposed location on the particular building site, shall be submitted to the Committee before construction or alteration is started, and such construc- tions or alteration shall not be commenced until written approval thereof is given by the Committee. As to all improvements, construction and alter- ations upon building sites, the Committee shall have the right to refuse to approve any design, plan floor area or color for such improvements, construction or alterations which is not suitable or desirable in its opinion, for any reason, aesthestic or otherwise, and in so passing upon such design, Committee shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built and the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surroundins, and the effect of the building or other. structure or alterations therein as planned on the out- look of the adjacent or neighboring property, and the effect or impairment that said structures will have on the view of the surrounding building sites, and any and all other factors which, in the Committee's opinion, shall affect the desirability or suitability of such proposed structure, improve- ments or alterations. Actual construction shall comply substantially with the plans and specifications as so approved. -1- a .k'�'s�Js��"3 `'�.�.'''�.i"i s r i aFa. v�, 7 a r 4 { u i F ,s %it �0 t �T +s/f' V^'3o- ^• OF "k- 41 s i ^-16V, s AR,. x t If tF a ii '� 5 pa ro Y{a 11 x �j ay` �, {•..:{%�''S i,y'S i# Fk'",^i;''J'�4t z,, "j#.�"312 .. s t,n'i'# w` k:*� Imo. A.$ `rC i k tq�n,,, I p�1+\i`#vh "l �xa�tA"M. A*ac '�N�}���d'. 4t,.,�j: ZE,, gr pkS�t"7'Y,F �r d ; 4 t F a {� Aft ft 1100"R,9,10 � 1 Should the Committee fail to approve or disapprove said plans and specifications within thirty (30) days after the same have been sub- mitted to it, such approval will not be required and the provisions of this paragraph will be' deemed to have been fully complied with. 3. No dwelling shall be permitted on any lot in said subdivision with less than 860 square feet�of space for a single story building or 600 square feet on the ground floor for a two story building, exclusive of attached open portions, carports or garages, and provided further no other structures shall be permitted except proper sanitary housing for pets. Provided, how- ever, the total square feet of space to be occupied by all buildings and struct- ures on any lot cannot exceed 40076 of the total area of the lot upon which constructed. 4. No building shall be erected, placed or altered on any lot nearer than twenty (20) feet from the front street lot line, twenty (20) feet to any side street lot line, six (6) feet from the side lot lines, except in cases of zero lot line structures, nor six (6) feet from the rear lot line, for the purpose of this covenant, cornices, canopies, eaves, stairs, steps or open porches shall not be constructed upon nor encroach upon easements. 5. In connection with paragraph 4 above, the following structures or projections are permitted within the set back areas therein described: A. Cornices, canopies, eaves, or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than two (2) feet. 0 8. All property will be serviced by public water and public sewer disposal systems. All residences must be connected to these utilities at the time of construction. All platted streets will be Paved and provided with' concrete curbs and gutters. 9. Each lot owner shall control the drainage and storm run- off from his lot so as to prevent damage or burden to adjoining property. 10. No nuisances or offensive activities shall be carried on on any building site or in any structure built thereon, nor shall anything be done thereon or therein which may be or may become an annoyance or nuisance to the neighborhood. 11. NQ building site shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers and disposed of as directed and authorized by municipal authority. 12. Each lot owner shall construct a garage or carport for at least one car and shall provide for offstreet parking for any unhoused motor vehicles, trailers, and boats. No inoperative motor vehicle or any of its detached parts may be maintained or stored on any premises longer than seven (7) days except in an enclosed garage. 13. 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 any commercial purpose. 14. Each lot owner shall promptly, after constructing a dwelling and attached garage, and in no event later than five (5) months from occu- pancy thereof, seed the yard to lawn or place sod thereon and provide and maintain landscaping and trees aesthetically acceptable for the neighborhood. 15. These covenants and restrictions shall run with the land and shall be binding upon the undersigned, and all successors in title or interest to said real property or any part thereof, for a period thirty (30) years from the date these covenants are recorded; after said thirty (30) year period these covenants shall be automatically extended for successive periods of ten years, unless an instrucment signed by owners of a majority of the build- ing sites within said tract has been recorded, agreeing to the change or cancellation of these covenants, in whole or in part. If it should be found necessary or advantageous to make changes in or to modify the covenants and restrictions prior to the initial 30 years as stated above, this may be done by an instrument signed by the owners of at least two-thirds of the building sites. 16. Enforcement of these covenants may be prosecuted by any owner of any building site within said tract by proceedings at law or in equity against any corporation, firm, person or persons violating or S- -3- y 4 i t h A j b `ei� FVyt G k c M W S' R 1 F 1-_ } N r i 4 persons violating or attempting to violate any covenant, either to restrain violations or to recover damages. 17. Th'e Architectural Control Committee is composed of: Paul A. Stutzman Meridian, Idaho D'Arlene Stutzman Meridian, Idaho Crystal Allen Boise, Idaho 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. Neither the members of the Committee nor its designated representatives shall be entitled to any compensation for services perf- ormed pursuant to this covenant. No Committee member shall be respon- sible for any violation of the within covenants and restrictions. At any time the then record owners of two-thirds of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or withdraw from the Committee or restore to it any of its powers and duties. 18. Should any covenant contained herein be rendered invalid by judgement of any Court of competent jurisdiction, such invalidation shall in no way affect any of the other provisions herein contained. ATTEST: Dated this day of , 1979. Secretary Paul A. Stutzman D'Arlene Stutzman STATE OF IDAHO COUNTY OF ADA On this day of 1979, before me, the undersigned, a notary public in and for said State, personally appeared Paul A. Stutzman and D'Arlene Stutzman, known to me to be owners of the said property known as Arnie Subdivision that executed this instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho -4- l 4� ZZ 3 4y t t a r'4� ro -S^_ S _ s`a'}ah ti",C'..yx' ._ ' 'I -- ^ 1"- F' �F€ io{ p S ;� tF�- 01 a 4F kFy�""�.`4f .< kyry�" _ ,. 45a. a'"-. a a a' ma Y4 A - Fy71 FaY Y 1' i- �'y{, `) k til �✓^ i F�� �s'f! $ �itp, : �' $ �,.a' .. 4 v t S# $jy u#,4 t 3 C Y �,��,!^k 'D gY. K P g -L ! d- ?Ci2°, `; al`. ♦—vt�, rt��� ."dP1F{kl $.QCT `i rr•LW"} %l ;i P!1' 4 { X C } � s AI 1 9. { i t}rZ yy ) ADA COUNTY HIGHWAY DISTRICT CHARLES L. WINDER, PRESIDENT DWIGHT V. BOARD, VICE PRESIDENT GLENN J. RHODES, SECRETARY Darlene Stutzman 1960 E Franklin Meridian ID 83642 January 7, 1985 318 E. 37TH STREET BOISE, IDAHO 83714 PHONE 344-6111 Re: ARNIE SUBDIVISION - PRELIMINARY PLAT Section 7; 173N; R1E; B.M., Ada County, Idaho Gentlemen: On January 3, 1985, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below: 1. Make deposit to the Public Trust Fund for the future improvement of Pine Street. 2. Obtain written approval from irrigation/drainage jurisdiction for storm run-off into irrigation/drainage system(s). 3. Relocate all irrigation/drainage structures outside of the public right- of-way. Prior to relocation, obtain written approval from the applicable jurisdiction. 4. Submit a site drainage plan showing elevations in critical areas and drainage flow direction for approval by the District. 5. Provide turnaround capabilities on lots fronting East Pine to preclude backing out on the street, delineate on final plat. 6. Any work within the right-of-way requires a permit from ACHD Quality Control Divison. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable/standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs as required. AN EQUAL OPPORTUNITV EMP! OVER 4:4, 3 j 4 k. i § tN VVi a E r A E�•, ti j I £ .!figs t A t �y P!, !,.?aAM �w a€" x F. a y 3 u•k'! , i - rsa;'. �hh.; r s • µ Vt` { Pill l k 4 5 ' '� Xli itfYti4t$5�� a m ° * x +x, a " 5 � s gg fiti-;, 4 s5i"•� i5 q �Iedn P 9µ *�'F[�.L�rr.tj�3 M'"E °Kx € - y+i 'T 'de.w�nlS.s i,_?T Darlene Stutzman January 7, 1985 Page 2 3. 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. 4. Furnish easements, agreements, and all other datum or documents as required by the District. 5. 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 COUNTY RIGHWAY DISTRICT n D. Thompson✓ velopment Services JDT/ev cc: City of Meridian, City Council Toothman-Orton Engineering Development Services ' 1 s a " t x # r Ytz 5 5 X' dsgY'i Y � Y� R,SY tf F FF F 004 44 { y �"�*�� � A ��T d� 5 9 yyj 'l A v $� •�` 5 i t, � Y J1 e. 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FA C+ L C= Yf''Q% 4""-, F< n r > �01) tA -x' 0 0- a LL �t ®R -,Xaa 0 m ;10 fu > w= CA rTi rt z H io :E> C) F-3 F' 71J. m :3 m z 0 F-3 �v CO C:) F' Ln cr -n > 110 OD C-) En 0 IQ m I C-) — - :E 0 -n C) =3 :3 0 mm 'm En (D XD M 1-3 > n cz rFl C-) n > z =r rn 0 Cr 0 z CD = n trj 0 _0 H (D CD w (D Ln (D r+ C+ En CA > Ln Ln 4 C7C) O (D t -j 0 C-) CD En in. C) CL 1-3 (D M fD 0 H 0_ > t1i rn 0 0 op r+ 0 1+ (D z 0 z ro (D =3 t7j c CL H tV L q 00 w rEn ::E: t. -I 0 13 ro Ln �d t7l 0 tri z -3 =3 0) m 0- Ht1i z 0 > En > C+ F-3 t-4 r+ -0 C3 to z cli ➢ r+ M rD IA m CD OL CD t7l > r P2�0� If -a Yf''Q% 4""-, -x' LL �t ®R -,Xaa MERIDIAN CITY COUNCIL• APRIL 21, 1987 PAGE # 2 • year extension as requested by Burt Smith for the recording of the Final Plat on Meridian Manor #5: Motion Carried: All Yea: Item #5: Request for extension in recording Final Plat on Arnie Subdivision:- -Mayor -Kings -ford, this is the same situation as item #4: _The•Mo-tion was made by Tolsma and seconded by Myers to grant a one year extension in the recording of the Final Plat on Arnie Subdivision as requested by D'Arlene Stutzman: Motion Carried: All Yea: Item #6: Ordinance # 476: Amending the Water Ordinance: Mayor Kingsford, an Ordinance amending the Water Ordinances of the City of Meridian by repealing Sections 5-101,5-102, 5-104, 5-105, 5-110, 5-111, 5-112,5-113, 5-114, 5-116, 5-117, 5-119, 5-120, 5-122, 5-124, 5-124A, 5-125, 5-126, 5-127, 5-129, 5-120, 5-131, 5-133, 5-134, 5-135, 5-136, 5-140, 5-141, 5-142 in the Water Ordinances of the revised and complied Ordinances of the City of Meridian and re-enact- ing said Sections to make new additions and corrections, and providing an effective date. Is there anyone.in the audience who wishes Ordin- ance #476 read in its entirety? There was no response. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordin- ances be read on three different days be dispensed with and that Ordin- ance # 476 as read be passed and approved. Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: Mayor Kingsford, we have a summary of Ordinance #476 prepared by the City Attorney to use for publication iii -the newspaper that needs the Council approval. The Motion was made by Myers and seconded by Tolsma to approve the stummary .of Ordinance #476 for publication purposes. Motion Carried: All Yea: Item #7: Ordinance #477: Amending the Sewer Ordinance. Mayor Kingsford, an Ordinance amending the Sewer Ordinances of the City of Meridian by repealing Sections 7-501, 7-503, 7-505, 7-506, 7-506A, 7-507, 7-508, 7-509,,.7-517, 7-5211, 7-527,7-527A, 7-530, 7- 533, 7-536, 7-537, 7-539, 7-543 in the-- ewer Ordinances of the revised and complied Ordinances of the City of Meridian and re�-enac,t- ing said Sections, execpt Sections 7-5:36 and 7-537 to make new additions and providing an effective date. Is there anyone in the audience who wishes Ordinance #477 read in its entirety? There was no response. i1 8, 1967 Agsford & City < tinsel: _� or Ki: year Sirs, I,iay I have an ex'der.=- :tn of -� year to file IV 1.1at on the Arnie Subdivision on East'Fine in heridian? I have the house on Lot 3 Catherine Park Sub. on the market and will, have money to deposit street improvement funds with A.C.H.D. when it sells. It is my plan to record at that time. . r'Ytf VS ctcm � ®Z G=;7antud rbr&w s� 899-1,929 Thank You, D.R. Lynn Homes 1t / — 1 t� r tt i #m1=2 - y ^F� } 4 s�a�ea a f� f a e+t k 5d 4 Si 0 --OF w,✓�Ep'Ne �T'� �1a. � -y �' {ass MERIDIAN CITY COUNCIL MARCH 3, 1986 PAGE # 2: Mayor Kingsford, any none. Ell or comments of the Council? There were The Motion was made by hers and seconded by Tolsma that the Meridian City Council hereby adop*js and approves the Findings of Fact and Conclus- ion as prepared for the Meridian Planning & Zoning Commission on this request: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Myers and seconded by Tolsma to instruct the City Attorney to prepare an Ordinance on this Annexation & Zoning request. Motion Carried: All Yea: Item #3: Public Hearing: Ammendments to the Zoning & Development Ordinance: Mayor Kingsford, this is a Public Hearing on the proposed Amendments to the Zoning & Development Ordinance that the Planning & Zoning Commission have requested. I will now open the Public Hearing, is there anyone present who wishes to testify in this matter? There was no response, the Public Hearing was closed. There were no comments or questions of the Council. The Motion was made by Myers and seconded by Giesler that the Meridian City Council hereby adopts and approves the Findings of Fact and Concl- usions as prepared for the Meridian Planning and Zoning Commission: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tplsma, Yea: Brewer, Yea: The Motion was made by Myers and seconded by Tolsma to instruct the City Attorney to prepare an Ordinance on these Amendments to the Zoning and Development Ordinance: Motion Carried: All Yea: Item #4: Request for extension in recording the Final Plat on Arnie Subdivision by D'Arlene Stutzman: Mayor Kingsford, Mrs. Stutzman has requested the City of Meridian grant them a one year extension on the recording of the Final. Plat of Arnie Subdivision due to financial reasons. I do not have any problems with this request. Are there any comments or questions of the Council? There were none. The Motion was made by Myers and seconded by Tolsma to approve the request of D'Arlene Stutzman for a one year extension in the recording of the Final Plat of Arnie Subdivision: Motion Carried: All Yea: Item #5: Pre -Termination Hearing, Water/Sewer/Trash Delinquencies: F 1 TO: _ Mayor Kingsford, City clerk do council, Please grant me an extension of one years time to record tip plat to the Arnie subdivision. I have to take a large sum of money ( nearer $7000.00) to AOMD -for Pine Street improvements before they mi]l sign off on the plat. Icy re- sources are all tied up in Catherine Park at this point. Thank you for your consideration. Sincerely, jj al i p d l»35 F C t b � �� •di'.iA'w. eY kJ c. rV z rS s 1� a al i p d l»35 F C t b � �� •di'.iA'w. eY kJ c. rV r W41- 10 0 25 February 1985 Mayor Kingsford City of Meridian 728 Meridian Street Meridian, Idaho 83642 Dear Mayor Kingsford: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The developer of the proposed Arnie Subdivision has not complied with the District's requirements. They have not filed a Land Use Change or Subdivision Application along with the appropriate plans for irrigation and surface drainage retention for our review. The proposed development borders the Five Mile Drain. The right- of-way for the operation and maintenance must remain clear of any obstacles or encroachments. Any assistance on this would be appreciated. Sincerely, Richard W. Haumann District Manager Nampa & Meridian Irrigation District cc; Each Director Secretary of the Board Ada County Highway District File RWH: j j L APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS --23,000 BOISE PROJECT RGHT&--40,000 I Vj MOMARW fV,� 80i 0 ]�V T n;!'uvM, g '7 wl"T K 04 INJ.- ,0010* AN A` ;�p TOOTHMAN-ORTON ENGINEERING COMPANY DAVIS C. TOOTHMAN CONSULTING ENGINEERS AND PLANNERS RICHARD F. ORTON, JR- 1802 NORTH 33RD STREET BOISE, IDAHO 83703 TELEPHONE (208) 342-5511 February 13, 1985 File: 401-7090 Mayor and City Council City of Meridian 728 Meridian Street Meridian, ID 83642 Dear Mayor Kingsford and Council Members: Re: Arnie Subdivision In addition to the two variances requested in a letter from Tudor Engineering Company dated December 7, 1984 to the Council on behalf of Mrs. D'Arlene Stutzman, there are some other issues that need to be resolved with the City before final platting of Arnie Subdivision. 1. The minimum lot area in an R-8 zone under the current ordinance is 6000 sq. ft. Lots one through six average approximately 4300 sq. ft. each. Furthermore, these six lots are designated as zero lot lines. A variance from the Council is requested for both the lot areas and the zero lot line concept. PAULS.KUNZ DON G. PAYNE 2. The 16 foot sewer/utility easement will be gravelled by the owner to provide access for the City's maintenance personnel and emergency vehicles. The plat will contain a note prohibiting fences or structures within the easement. Mrs. Stutzman has agreed to increase the presently shown 15 foot ease- ment to 16 foot along the west side of Lot 7. However, realizing that Lot 8 is not owned by Mrs. Stutzman (Hvezda property), the owner requests that the currently shown 12 foot portion of Lot 7 be accepted as the sewer easement. The revisions requested for the sewer and water plans in the City Engineer's letter of January 30 will be made pending resolution of the 12 vs 16 foot easement mentioned above and the location of the sewer service to Lot 8 is still unknown. 3. The Ada County Highway District has requested a note on the plat that driveway turnaround capabilities be provided for Lots one through six to preclude backing out onto East Pine Street. The owner wishes to appeal this condition with ACRD. If the City will accept the final decision of ACHD, this issue can be treated separately with the Highway District. TOOTHMAN-ARTON ENGINEERMWOMPANY e Mayor & City Council City of Meridian February 13, 1935 Page two The owner requests that the two previous variances and the issues contained in this letter be considered and approved by the Council at their February 19 meeting. Hopefully, the Council can approve the final plat,subject to a few conditions, at this meeting. The required revisions to the plat and sewer/ water plans can then be made and Council approval would then not be needed again for final plat approval. Your consideration of these issues is greatly appreciated. Very truly yours, TOOTHMAN-ORTON ENGINEERING COMPANY Paul S. Kunz, P.E.�. PSK:mr cc: Gary Smith, J-U-B Mrs. D'Arlene Stutzman Mr. Paul Kunz -2- January 30, 1985 2. Show an increase in width of the sewer easement for Lateral A to 16 feet on the north side of Lot 8 and the east side of Lot 8. 3. Show the six-inch diameter sewer of Lateral B as an eight -inch diameter to facilitate cleaning purposes. 4. Move the location of the water meters from the lot corners out to an area immediately adjacent to the back of the sidewalk on Pine. This location would be in accordance with the Pine Street typical section required by ACHD. 5. Relocate the fire hydrant at the southwest corner of Lot 1 to a point 12 inches north of the back of the sidewalk. 6. Replace the length of pipe from the valve at the tee to the new location of the hydrant. The Water Superintendent will not allow a coupling to be used in an extension of the existing pipe. 7. Water service lines to the lots fronting Pine Street must be connected to the existing water main using saddles and stainless steel straps. If you have any questions concerning these comments, or anything else that we have discussed over the telephone, please don't hesitate to call. GDS:dp Enclosures CC: City -Clerk. Bruce Stuart Earl Ward Sincerely, CI OF MERIDIAN ary D. mith, P.E. City Engineer D'ARLENE STUTZMAN VARIANCE & FINAL PLAT ARNIE SUBDIVISION COMMENTS 1 1. Central District Health: Approve with Central Sewer & water. 2. Police: No Comments: 3. Earl Ward, Sewer Superintendent:Sanitary Sewer, to conform with City standard specifications. 4. Letter George Strellner 527 East State: Not in favor of any "High Rise" homes or large buildings that will obstruct view, that pertains to East Pine and East State Ave. 5. Nampa Meridian Irrigation: See Attached: 6. Gary Smith, City Engineer: See Attached: D CL Iz 0) OL CL Iy LA cD r+ �n rD m s . � J �wE�nry w 1 IJ r• � 1 m C a rt N m m 'd rt P3 m a' m rt POO t -t On n O n C7 y H. Ft .y. ®r`, G 93 H. m M n a Cc rt m n C rt R H rrt m S7 E m w _ C_' M H c ti :E ' : oma C]- Ltj (D [n 2 L 2 n+ i L) F' rD 'D Z ri _ F- rS to 7 Q L -J. 2 n O � d •' -1 - C 'C .' G G R rt O � K w rt rc H. H w r• Co Q OL C+ H ar•P) C_ _E I"� r• Oc Oo 0 03 0 0 A< O ` CL r n ; OR n G d m pC t� t< C i a _ o — . DX: o i -n n P3 a• O l< a p: C M M ct & O 'd "d d r+ Iym rD W G N H F_ = F+ n _.+. rL r tri z r• Fspnnw�a O CL o = rt J. 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H w r• Co i H ar•P) N O'm n r• Oc Oo 0 03 0 0 n O 0�7' m a G m 0 r• OR rt OG 0 rt r, ^� m pC t� m rt P3 O O N O n rt o i -n n P3 a• O FJ- i d 'd p O 8 O O 'd "d d (D W G N H F_ H �C rt rn r• W r• U n z r• Fspnnw�a ED o c� rt rt P) m C r•FJ- aQ H d rt r• rt 0 0 r• r• G m Ili d rt n p N r• w w rt m m Oc w w H d w N C rt rtm rtO m =1 ED W Hr•p (D • O' O O9 rt m .7 O e o H OD zr� � �wE�nry w r r IJ r• r4 r• r• �:r m n m C a rt N m m 'd rt P3 m a' m rt POO t -t On n O n C7 y H. Ft .y. ®r`, G 93 H. m sr n a O r• n m n C rt r-nN�nC rrt m E m w r• P3 - N i i r• � x �C r'i m aw m PFi3 arnl~m n FJ- (M G o+ r• n m O .n w m P G m m G C � K w H. H. 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(D O to C+ En H H tai t=7 En t-3 O h]. -1 r fD v 0 'O 0 i r+ �c N O n d R CD G w tzi H tx] t3i z t=7 G) H ro H z r2i R+ tlj U] h r i y OOPA ` ' h r 0 q CA w z0 Z � r -I n � C •• z J H 0% tzi > zH 1-3 ti 0 CHx1 MH�.{ cn Mzy t1i >t•J En O n- J. a Z 0 0 OL A O C CL Chi_ J H z r ro r a m i i C r^ [� C • -S .J a rT CD .^ i p tj �. Q r h C (D D x F r{ Q N N a N F 2 ►� O H z r C-) 0 3 3 m z Vf 9 z v .'v m C-) 0 3 3 m Z, D 0 Z N :E D- 0 o v o_ CD J. -0 CD N -S = N CD r+ J- N N O M > > O r+ i CD O R n o R =r CD (D CL 3 a (D R Q 2. Ln a � a v -V O c a rY r+ to N a :3 rp CL D c r.. (D O to C+ En H H tai t=7 En t-3 O h]. -1 r fD v 0 'O 0 i r+ �c N O n d R CD G w tzi H tx] t3i z t=7 G) H ro H z r2i R+ tlj U] h r i y OOPA ` ' h r 0 q CA w z0 Z � r -I n � C •• z J H 0% tzi > zH 1-3 ti 0 CHx1 MH�.{ cn Mzy t1i >t•J En O n- J. a Z 0 0 OL A O C CL Chi_ J H z r ro r a m C [� C 0 x H z O H L C4 z c N \ r kDO M+ m O z m .. c m LA z C • H v � � tr1 r � z '+J tTJEn H z H r C 1-3 1 rD 71 z - C a c; 4�- l� 0 -- 1_'j I-DJNG RESTRIC*1-S AND (.GVt �-%A TS 4 Afi^ I i SUBDI VISION KNOW ALL MEN Bl' 'T ESE PRESENTS: 1. Paul A. Stutzman and D'Arlene Stutzman, Husband & Wife, the towner of the proFerty hereinafter described, does by this instrument impose ulon said real property the hereinafter contained building and occupancy restrictions and covenants and for that purpose duly makes, executes and files of record herewith, in the Office of the County Recorder of Ada County, Idaho, this instrucment. Said premises are described as follows: Arnie Subdivision, an addition to the City of Meridian, Idaho, according to the official plat thereof, of record in the Office of the Recorder of Ada County, Idaho, as the same is shown in Book of Plats at page , Instrument NO. Said restrictions and covenants are as follows, to -wit: 1. Said land and the whole thereof shall be used exclusively for residential purposes. Lots may not be sold or conveyed in tracts of any size smaller than the lots as recorded in the orginial platting, without the v< ritten approval of the Architectural Control Committee. 2. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the loca- tion of the structure have been approved by the Architectural Control Com- mittee as to quality of workmanship and materials, harmony of external design v,-ith existing structures, as to locations with respect to topography 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 set back line unless similarly apFroved. Complete plans and specifications of -all proposed buildings and structures, together with a detailed plan showing proposed location on the Particular building site, shall be submitted to the Committee before construction or alteration is started, and such construc- tions or alteration shall not be commenced until written approval thereof is given by the Committee. As to all improvements, construction and alter- ations upon building sites, the Commit tee shall have the right to refuse to approve any design, plan floor area or color for such improvements, construction or alterations which is not suitable or desirable in its opinion, for any reason, aesthestie or otherwise, and in so passing upon such design, Committee shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built and the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surroundins, and the effect of the building or other structure or alterations therein as planned on the out- look of the adjacent or neighboring property, and the effect or impairment that said structures will liave on the view of the surrounding building sites, and any and all other factors which, in the Committee's opinion, shall affect the desirability or suitability of such proposed structure, improve- ments or alterations. Actual construction shall comply substantially with the plans and specifications as so approved. MW pw-0s *A , 1.0 0 • e Should the Cornmittee fail to approve or disapprove said plans and specifications within thirty (30) days after the same have been sub- mitted to it, such approval will nut be regaired and the provisions of this paragraph will be' deemed to have been fully complied with. L LA oeps4wh 47 3. s e,rmitted on any o su n with less t n 84g; uare fe t of space for a single story ilding or 600 square feet on roun floor for a two story building, exclusive o a ac ed open portions, carports or garages, and provided further no other structures shall be permitted except proper sanitary housing for pets. Provided, how- ever, the total square feet of space to be occupied by all buildings and struct- ures on any lot cannot�ceed a total area of the lot upon which constructed. a 1p Ordiwahee, says S pop Oors 4. No building shall be erecte aced or altered on any lot nearer tha twenty (20 eet from t rout street lot line, twenty (20) feet to any a street lot line six (6) et from the side lot lines, except in ca s of zero lot line struc ures, or J%Upt r et from the rear lot line, for e purpose of this covenant, cornices canopies, eaves, stairs, steps or pM%pen porches shall not be constructed pon nor encroach upon easements. 5. In connection «•ith paragraph 4 above, the following structures or projections are permitted within the set back areas therein described: A. Cornices, canopies, eaves, or other projections which do not increase the volume of space enclosed by the building; provided, however, that none of these shall project into any required yard more than two (2) feet. B. Exterior stairs of open design; provided that no such stairs shall project into a required front or side and more than four (4) feet and into any rear yard i4tse Vlore than six (6) feet. CQ.MVW :544tt is M�OtE�5 farK tv rLi` 6. Not v,ihstanding the provisions of paragraphs 3, 4, and 5 CQ� above, multiFle housing by way of apartments, duFlexes, condominiums, '00 townhouses, or similar housing may be constructed and operated upon two (2j or more contiguous lots in this subdivision so long as the set- back lines of said structures are observed from the front and rear there- of, and the outside side lines for the lot upon which each side of the struc- ture is located. Provided, however, if multiple dwellings or buildings are constructed on one or more lots in said subdivision, the side lot lin ,r requirements shall not apply to the newly created lot line if the multiple • dwelling shall be divided and sold as a separate dwelling or dwellings 4u= as townhouses, condominiums, duplexes or apartments. 7. No trai er, mo i e ome, basement, tent, shack, garage, barn or other outbuilding erected in said tract or on any building site thereof shall be used at any time as a residence, temporary or permanent. No structure of a temporary character shall be used at any time as a residence. - 2 - QpNdi��"a 1 . y9 F 1S 0 a, € i Si'4�ry�36€�''7m£ "'g x s S w s r, a 440 '. �Q �r ,wF r€e .a - �. J, A,"; " i W A 8. All property v.ill be serviced by public -water and public sever disposal systems. All rcE, `6_ncf-s —JUS1 be connected to these utilities at the time of construction. A Tatted streets ill be � aved and provided with concrete curbs and gutters. Eqs+ Yl�t., h0� 31�owr► Qs ,dart 44 140 IPA+ 1+ Vk"s * b& 1"WO 9. Each lot owner shall control the drainage and storm run- 4V ACRO 9bt. off from his lot so as to prevent damage or burden to adjoining property. lct% 1^6' 10. No nuisances or offensive activities shall be carried on on any building site or in any structure built thereon, nor shall anything be done thereon or therein which may be or may become an annoyance or nuisance to the neighborhood. 11. Nq building site shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers and disposed of as directed and authorized by municipal authority. 12. Each lot owner shall construct a garage or carport for at 4 least one car and shall provide for offstreet parking for any unhoused *' TV** motor vehicles, trailers, and boats. No inoperative motor vehicle or any � �P'�"'"� of its detached parts may be maintained or stored on any premises longer 41100d than seven (7) days except in an enclosed garage. PW 1040- 13. 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 any commercial purpose. 14. Each lot owner shall promptly, after constructing a dwelling and attached garage, and in no event later than five (5) months from occu- pancy thereof, seed the yard to lawn or place sod thereon and provide and maintain landscaping and trees aesthetically acceptable for the neighborhood. 15. These covenants and restrictions shall run with the land and shall be binding upon the undersigned, and all successors in title or interest to said real property or any part thereof, for a period thirty (30) years from the date these covenants are recorded; after said thirty (30) year period these covenants shall be automatically extended for successive periods of ten years, unless an instrucment signed by owners of a majority of the build- ing sites within said tract has been recorded, agreeing to the change or cancellation of these covenants, in whole or in part. If it should be found necessary or advantageous to make changes in or to modify the covenants and restrictions prior to the initial 30 years as stated above, this may be done by an instrument signed by the owners of at least two-thirds of the building sites. 16. Enforcement of these covenants may be prosecuted by any owner of any building site within said tract by proceedings at law or in equity against any corporation, firm, person or persons violating or, -3- ''`r c persons violating or attempting to violate any covenant, either to restrain violations or to recover damages. 17. The Architectural Control Committee is composed of: Paul A. Stutzman Meridian, Idaho D'Arlene Stutzman Meridian, Idaho Crystal Allen Boise, Idaho MR' �' G S SAOP&J" �+ 19�q sL46 A majority of the Comi'nittee may designate a representative �k' 9 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. Neither the members of the Committee nor its designated representatives shall be entitled to any compensation for services perf- ormed pursuant to this covenant. No Committee member shall be respon- sible for any violation of the within covenants and restrictions. At any time the then record owners of two-thirds of the lots shall have the power through a duly recorded written instrument to change the membership of the Committee or withdraw from the Committee or restore to it any of its powers and duties. 18. Should any covenant contained herein be rendered invalid by judgement of any Court of competent jurisdiction, such invalidation shall in no way affect any of the other provisions herein contained. Dated this . day of 1979. c. 3 a • G � o _ a N O m w C .o 1t:b N O+ CL CL OL CLI OL _n R Ln rD c-+ V) 0) an 0 rD n rD Lr) CA 1. t✓fl s I i CA co C+ y cz 94 CA cn n A w �! • I � P) O w 0 � M M 9 � w c..te n w c+ 4e O M A W a W I n (D cam47 + as M cam+ t - (D t! [7 0 3 3 m z N a Z v m C-) 0 3 3 m Z v 0 M7 N I1 W o H G L ,'- CrC � .L+• J .t rt (� C) O M (D •- n a' o (p 1'D N• -S ri rA '-I ti P, rr, O n J c z n a a R n a w Z a M n rt rD rD __ = n a -1 Z r Ca. c+ a Z n n n �C O=r J O �. A lc a 3 a c a i c+ rD O = = = r+ J. rt r -+J a (, (r+ O (p O Q` N O O n L+ C J• c•r to 2 t/1 --.3- (D c+ O SC R J. n o o' a n n to =r C, td �C O O_ . r c+ N i -4 J. O :3-1 O a -A v =1I- J• 9 _S 2 n ItG J. J. O (D (DJ. n N (D •o = to O)' p) v (D c•+ a c+ a — c.+ -,-S :3 di to c+ c+ r. (A — �. a s g a o -`+s i cn+ m =5 0 J• 'i N n (D n —• o v_ v c.+ r- �• M (A ={ D n c-+ -� to O 4 c l n z -n W O (D c+ + C3 a LA f•+ W In �• � �- O J o O ;v a m ``A C 0 u m f J \O C-) J J :� � �. C:)v to l {+ Q -n ►-. C-) m I i CA co C+ y cz 94 CA cn n A w �! • I � P) O w 0 � M M 9 � w c..te n w c+ 4e O M A W a W I n (D cam47 + as M cam+ t - (D t! [7 0 3 3 m z N a Z v m C-) 0 3 3 m Z v 0 M7 N :E D -,- C-) c-) n C vo CD �. (D LA (D c+ J- to (A O rD O O O c+ Z n -1 O O S (D M = n 3 a (D c+ -0 CL = -+. y1 a =3 ry � O C a c+ O c+ la ' to a� nn C: N (D O LA 3 c+ 1 V• H H t� H O It m H ,x^^ VJ H 7d td H (D v Z 0 70 (D C+ N• 0 n 0) c+ (D bd r� H tai L7J z t�] U) H ro H z t�J t�J U) H E3 (D H z G) s LT r .. IT I1 W o H G L ,'- CrC � .L+• J .t rt (� C) O M (D •- n a' o (p 1'D N• -S ri rA '-I ti P, rr, O n J x 4..1 :E D -,- C-) c-) n C vo CD �. (D LA (D c+ J- to (A O rD O O O c+ Z n -1 O O S (D M = n 3 a (D c+ -0 CL = -+. y1 a =3 ry � O C a c+ O c+ la ' to a� nn C: N (D O LA 3 c+ 1 V• H H t� H O It m H ,x^^ VJ H 7d td H (D v Z 0 70 (D C+ N• 0 n 0) c+ (D bd r� H tai L7J z t�] U) H ro H z t�J t�J U) H E3 (D H z G) s LT r .. IT Rezone # Conditional Use # *RAL DISTRICT HEALTH DEPARTMENT• ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET art Plat �tf��i USS We have no objections to this proposal. 2. We recommend denial of this proposal. Return to: Boise Eagle Y Meridian 7� Kuna ACZ 3. Specific knowledge as to the exact type of use must be provided before we can commnt 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 disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: Central sewage Interim sewage Individual sewage _ Community sewage system and Central water Individual water _ Community water well. Yl - 8. s for Central sewage Corram pity sewage system Sewage dry lines, and rCentr water _Conmimty water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. 7K Street runoff is not to create a mosquito breeding problem. 10. _ This department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 11. _ If restroom facilities are to be installed then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swimming pools or spas)(grocery store). 13. 719"A�' Review4by Date It -r - r-) n ---+ O rrn 3 C!1 C. 21 c .= X > -o `J c') n z O Cr H o Ln -� N t.Lj -O J. fD .. H Z O (D am ! 1 > Ln Cc -( ( I + U1 a I ! I v Lr! 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O OL 3 �- N a � a � O w Cr r+ J. w a -s 3 rD nn c N rD O N 3 c+ t%j O N 0) H x N H w rij rxi H m z y ro H z sr� tri H O s LJ J. C!1 a C � by � C7 0 H C rD H d H n O O z CL J r o O � .ro z :1:0 r ro r H >y ID b tri 9 tri OD o m -s .o .. C= fJ m CA9 d 0. LTi H r H C I-3 ro z J. CL 3 v •� I 4, co C'. w- rn Q N t �s. f aim; m y #¢ ��"-. }p, r Aw Fin.. t A G E N D A 4 MERIDIAN CITY COUNCIL x a kn3 � t s 4 March 4, 1985 Oki.� ITEM: S� MINUTES OF PREVIOUS MEETING HELD FEBRUARY 19, 1985: (APPROVED) `3.fi`'b ✓ Y �3t -� � '' to y'� s.'h1 ,k' � ss a VARIANCE AND FINAL PLAT ON ARNIE SUBDIVISION: TABLED AT PREVIOUS MEETING: (APPROVED W/CONDITIONS ) 1 2. PRE -TERMINATION AGREEMENT WATER/SEWER/TRASH DELIQUENCIES: �+ x (APPROVED) 3. APPROVE THE BILLS: (APPROVED) t 4. APPROVE AND AUTHORIZE SIGNING OF LEASE AGREEMENT WITH LEE ROY NELSON. (APPROVED) 5. COUNCIL APPROVAL FOR CITY CLERK TO SIGN PLAT ON VOLKMAN SUBDIVISION: f (APPROVED) 6. DEPARTMENT REPORTS: h't -N 5 NSN y2`P#'Rr�lSR"�v m y #¢ ��"-. }p, r Aw Fin.. t 4 x a kn3 � t s 4 W Oki.� S� `3.fi`'b ✓ Y �3t -� � '' to y'� s.'h1 ,k' � ss a 1 x �+ x t 01 9 hs ! f aS Am t .f� .s h't -N 5 NSN y2`P#'Rr�lSR"�v MERIDIAN CITY COUNCIL , MARCH 4, 1985 Regular Meeting of the'Meridian City Council called to order at 7:30 p.m. by Mayor Grant Kingsford: Members Present: Bill Brewer; Ron Tolsman; Bert Myers; Bob Giesler: Others Present: Bruce Stuart, Gary Smith, Kevin Robertson, Kenny Bowers, Earl Ward, Lee Roy Nelson, Bill Barkell, Paul Kunz, D'Arlene Stutsman, Gary Schaffer, Bob Spencer, Miriman Barr, Wayne Crookston, Ronda Lowe. Minutes of previous meeting held on February 19, 1985 approved as written: Item #1: Variance and Final Plat Arnie Subdivision: Mayor Kingsford announced Council would come back to this item as Mrs. Stutsman had not yet arrived: Item #2: Pre -termination Hearing Water/Sewer/ Trash Deliquencies: Mayor Kingsford, This is to inform you in writing, if you choose to, you have a right to a pre -termination hearing, at 7:30 p.m. March 4, 1985 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 deliquent. You may retain Counsel. Is there anyone in the audience who wishes to have a hearing? There was no response. Mayor Kingsford, 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 March 12, 1985. In order to have their water turned back on, there will be an additional fee of $10.00. They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho Code.Even though they appeal the water will be shut off. The Motion was made by Giesler and seconded by Brewer to approve the turn-off list. Motion Carried: All Yea: Mayor Kingsford announced the amount of overdue bill was $4043.70. Item #3: Bills: The Motion was made by Brewer and seconded by Giesler to approve the Bills. , Motion Carried: All Yea: Item #4: Approve Lease Agreement with Lee Roy Nelson: u- x N MERIDIAN CITY COUNCIL PAGE # 2 March 4, 1985 Item #4, Cont'd: Mayor Kingsford, this lease is for the undeveloped property next to the Meridian Speedway, are•there any comments or questions of the Council? Councilman Tolsma, the way this is drawn up it only includes the three acres the Senior Citizens had, there are approximately ten acres in the undeveloped property. Can we approve the lease contingent upon having the correct description attached? Attorney Crookston, property just needs to be identified properly. Mr. Nelson advised the Council he had no problems with providing the Insurance Coverage. Stuart, are we still going to be able to dump material from road cuts there? MERIDIAN CITY COUNCIL O PAGE # 3 March 4, 1985 Arnie Sub Cont'd: Council inquired if Mrs. Stutzman had seen the letter from NampaMeridian Irigation. The Council was advised that the Engineer was working on the drainage and they would comply with Nampa-Meridian's request. Councilman Tolsma, will there be a breakaway barrier at the end of the alley for access for fire trucks? Mrs. Stutzman, yes, this will be installed. Mayor Kingsford, member of the Council you will need a motion to approve the Variances requested which are lot frontage, square footage of lots, time between preliminary & final plat and zero lot lines before approv- ing the final plat. The Motion was made by Brewer and seconded by Myers to approve the variances requested on Arnie Subdivision pertaining to the time between preliminary and final plat, lot frontage, square footage of lots and zero lot lines. Motion Carried: All Yea: The Motion was made by Breuer and seconded by Giesler to approve the final plat of Arnie Subdivision with the recommendations of Ada County Highway District, Nampa -Meridian Irrigation, Meridian Fire Department and City Engineer. Motion Carried: All Yea: Department Reports: Councilman Myers, the cars at the old Creamery Building seem to be getting out of hand again. Mayor Kingsford advised he would get in contact with him. Councilman Tolsma, I have received some complaints about the trailer house mover that moved in where Ron's Tire Service was located. Acting Chief Robertson was asked to contact and advise they were in violation of City Ordinances. City Clerk, The AIC is having a Retirement Dinner for Mr. Ray Holly on March 30, 1985 and if anyone is planning on attending reservations need to be made. Mr. Brewer and Mr. Myers advised they would attend. Being no further business to come before the Council the Motion was made by Myers and seconded by Brewer to affX=xn at 8:15 p.m. Motion Carried: All Yea; APPROVED: ATTEST: MERIDIAN ;,CITY CC)UNCIL FEBRUARY 19, 1985 Regular meeting of the Meridian City Council called to order by Mayor Grant Kingsford at 7:30 p.m. Members Present: Bill Brewer, Ron Tolsma, Bert Myers, Bob Giesler. Others Present: Gary Schaffer, Earl Ward, Gary Smith, Kenny Bowers, Kevin Robertson, Bob Mitich, Bob Spencer, Lee Roy Nelson, Lee Olson, Don Wolkins, Dick Yetke , Lloyd Howe, Georg'Wendt, Bill Barkell, Miriman Barr, Bill Barkell, Wayne Crookston Members of Scout Troop #89: Jack Blattner & Laura Hobbs Meridian FFA: Minutes of the previous meeting held February 4, 1985 were approved as written: Mayor Kingsford read a Proclamation delcaring the week of February 16- 23, 1985 as FFA Week. (Proclamation on file with these minutes) The Mayor presented this proclamation to Jack Blattner from the Meridian FFA who was in attendance at the meeting. Mayor Kingsford welcomed the members of Scout Troop #89 who were present to obtain Merit Badge credits. ITEM # 1: Decision on Upland Industries request for Comprehensive Plan Amendment. � s PAGE # 4 MERIDIAN CITY COUNCIL FEBRUARY 4, 1985 The motion was made by Tolsma and seconded by Myers to table the Upland Industries request for a Comprehensive Plan Amendment for designation of a regional shopping center until the February 19, 1985 meeting. Motion Carried: All Yea: Item #3: Variance & Final Plat, Arnie Subdivision: Mayor Kingsford advised the Council the City had received a request from Mrs. Stutzman they would like this request tabled until the `February 19, 1985 meeting. The motion was .made by Myers and seconded--by--Giesler to table the Variance and Final Plat of .Arnie Subdivision until the February 19, 1985, meeting. Motion Carried: All Yea: _. Item #4: Pre -Termination Hearing Water/Sewer?--Trash Delquencies: Mayor Kingsford, This is to inform you-inswriting, if - you choose ---to, - you have the right to a -=pre -termination hearing, at:7:30 p.m Feb- ruary 4th, 1985, 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 February 12,:=--3.985, at. 8 A.M. unless payment is received in --full. Is there anyone -present who wishes to defend this claim? There was no response. ____ Mayor Kingsford, Due to their failure to pay their water bill or - present any valid reason why the -bill has not been paid, -their water shall be turned off on -February 12-,-1985 at 8 a.m. In order to have their water turned back on, there will be an additional fee of $10.00 They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial Dist- rict istrict Court, pursuant to Idaho Code. Even though they -appeal, the water will be -shut off. The motion was made by- Tolsma and seconded by- Giesler_ to approve= _ --_- - - the turn off list of deliquent water-users-- - ater-users- - Motion Carried: All Yea: ___ Mayor Kingsford announced the -deliqunecies-amounted-to-"_-$3,742.-85. Item #5: Approve the Bills: The motion was made by Tolsma and seconded by Myers to approve the bills. Motion Carried: All Yea: e 0 CITY OF MERIDIAN SUBDIVISION EVALUATION SHEET (Recommendations Only!!) Proposed Subdivision Name: ARNIE SUBDIVISION Subdivision No. Date Reviewed: 1/9/85 Preliminary Stage: Final: XXX The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. 9 , ARNIE SUBDIVISION X, The street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under the direction of the Ada County Engineer) regarding this subdivision. The following street names are approved: "EAST STATE AVENUE" "EAST PINE STREET" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee, in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY RE0RE5$ENTATIVES OR DESIGNEES Ada County Engineer David Collins, P.E. Ada Planning Assoc. Terri Raynor 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!!!t!!!I! TP:ak/DATAi-E3 7/� ITEM, �: PUBLIC HE. -RING, CO "I'r'IONAL USE PERMIT, LEON GINGPICh. MAYOR KIS-GSFURD O:ENED MEETING FOR PUBLIC HEARING, THERE [4AS NO RESPONSE, r17BLIC HEARING CLOSED: COUNCILMAN GIESLER, MR. GINGRICH ANY PROBLEMS WITH THE RECOMMEND- ATIONS MADE? MR. GINGRICH, NO PROBLEMS. MR. GINGRICH INQUIRED ABOUT WATER AND SEWER AND TRASH HOOKUPS AND FEES. MR. GINGRICH WAS ADVISED IF HE WAS NOT IN AGREEMENT WITH FEES ASSESSED, IT WOULD NEED TO BE BROUGHT BEFORE THE BOARD OF APP- RAISERS. THE MOTION WAS MADE BY GIESLER AND SECONDED BY BREWER TO APPROVE AND ADOPT THE FINDINGS OF FACT AND CONCLUSIONS AS PREPARED FOR THE PLANNING AND ZONING COMMISSION. MOTION CARRIED: ALL YEA: THE MOTION WAS MADE BY GIESLER AND SECONDED BY TOLSMA TO APPROVE THE CONDITIONAL USE PERMIT FOR LEON GINGRICH. �m MOTION CARRIED: ALL YEA: ITEM #3: PUBLIC HEARING, VARIANCE & FINAL PLAT, ARNIE SUBDIVISION: MAYOR OPENED THE MEETING FOR PUBLIC HEARING: MR. JOHN HVEZDA 635 EAST STATE ARE THEY GOING TO BUILD TOWNHOUSES? MRS. STUTZMAN, NO, SINGLE FAMILY OR DUPLEX. NO OTHER COMMENTS, PUBLIC HEARING CLOSED. MAYOR KINGSFORD, THE CITY ENGINEER HAS SOME PROBLEMS WITH THE SEWER LINE BEING ON THE BACK PROPERTY LINE, I WILL LET HIM EXPLAIN WHAT HE PROPOSED TO BE DONE. MR. GARY SMITH, CITY ENGINEER, WOULD SUGGEST THAT THE ALLEY WHICH ENDS AT THE WEST SIDE OF THE PROPERTY BE EXTENDED THRU ARNIE SUB- DIVISION AND CURVE TO CONNECT WITH THE TURNAROUND ON EAST STATE, THIS WOULD NOT ONLY GIVE THE FIRE DEPARTMENT ACCESS TO THE BACK OF THE LOTS BUT SOLVE THE PROBLEM OF ACCESS TO THE SEWER LINE IN CASE OF PROBLEMS. Rf 4 7/� ITEM, �: PUBLIC HE. -RING, CO "I'r'IONAL USE PERMIT, LEON GINGPICh. MAYOR KIS-GSFURD O:ENED MEETING FOR PUBLIC HEARING, THERE [4AS NO RESPONSE, r17BLIC HEARING CLOSED: COUNCILMAN GIESLER, MR. GINGRICH ANY PROBLEMS WITH THE RECOMMEND- ATIONS MADE? MR. GINGRICH, NO PROBLEMS. MR. GINGRICH INQUIRED ABOUT WATER AND SEWER AND TRASH HOOKUPS AND FEES. MR. GINGRICH WAS ADVISED IF HE WAS NOT IN AGREEMENT WITH FEES ASSESSED, IT WOULD NEED TO BE BROUGHT BEFORE THE BOARD OF APP- RAISERS. THE MOTION WAS MADE BY GIESLER AND SECONDED BY BREWER TO APPROVE AND ADOPT THE FINDINGS OF FACT AND CONCLUSIONS AS PREPARED FOR THE PLANNING AND ZONING COMMISSION. MOTION CARRIED: ALL YEA: THE MOTION WAS MADE BY GIESLER AND SECONDED BY TOLSMA TO APPROVE THE CONDITIONAL USE PERMIT FOR LEON GINGRICH. �m MOTION CARRIED: ALL YEA: ITEM #3: PUBLIC HEARING, VARIANCE & FINAL PLAT, ARNIE SUBDIVISION: MAYOR OPENED THE MEETING FOR PUBLIC HEARING: MR. JOHN HVEZDA 635 EAST STATE ARE THEY GOING TO BUILD TOWNHOUSES? MRS. STUTZMAN, NO, SINGLE FAMILY OR DUPLEX. NO OTHER COMMENTS, PUBLIC HEARING CLOSED. MAYOR KINGSFORD, THE CITY ENGINEER HAS SOME PROBLEMS WITH THE SEWER LINE BEING ON THE BACK PROPERTY LINE, I WILL LET HIM EXPLAIN WHAT HE PROPOSED TO BE DONE. MR. GARY SMITH, CITY ENGINEER, WOULD SUGGEST THAT THE ALLEY WHICH ENDS AT THE WEST SIDE OF THE PROPERTY BE EXTENDED THRU ARNIE SUB- DIVISION AND CURVE TO CONNECT WITH THE TURNAROUND ON EAST STATE, THIS WOULD NOT ONLY GIVE THE FIRE DEPARTMENT ACCESS TO THE BACK OF THE LOTS BUT SOLVE THE PROBLEM OF ACCESS TO THE SEWER LINE IN CASE OF PROBLEMS. COUNCIL 1/7/85 PG. # 3 MAYOR KINGSFORD, WE HAVE NOT RECEIVED THE COMMENTS FROM ACHD WHICH WE SHOULD REVIEW BEFORE FINAL DECISION IS MADE. COUNCILMAN BREWER, I SEE THERE IS ALSO SOME PROBLEMS WITH THE COVENANTS THAT NEED CORRECTED, I FEEL WE SHOULD TABLE THIS MATTER. MAYOR KINGSFORD, MRS. STUTZMAN, IF TABLED WILL IT CREATE A HARDSHIP ON YOU? MRS. STUTZMAN, NO. THE MOTION WAS MADE BY BREWER AND SECONDED BY TOLSMA TO TABLE THE VARIANCE AND FINAL PLAT OF ARNIE SUBDIVISION UNTIL THE JAN- UARY 21, 1985 MEETING. MOTION CARRIED: ALL YEA: ITEM #4: PRE -TERMINATION HEARING, WATER, SEWER, TRASH DELQUENCIES: MAYOR KINGSFORD, THIS IS TO INFORM YOU IN WRITING, IF YOU CHOOSE TO, YOU HAVE THE RIGHT TO A PRE -TERMINATION HEARING, AT 7:30 P.M. JANUARY 7 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 DELIQUENT. YOU MAY RETAIN COUNSEL. THIS SERVICE WILL BE DISCONTINUED JANUARY 15TH UNLESS PAYMENT IS RECEIVED IN FULL. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO STATE THEIR CLAIM? THERE WAS NO RESPONSE. MAYOR KINGSFORD, 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 JANUARY 15, 1985. IN ORDER TO HAVE THEIR WATER TURNED BACK ON, THERE WILL BE AN ADDITIONAL FEE OF $10.00. THEY ARE HEREBY INFORMED THAT THEY MAY APPEAL OR HAVE THE DECISION OF THE CITY REVIEWED BY THE FOURTH JUDICIAL DISTRICT COURT, PURSUANT TO IDAHO CODE. EVEN THOUGH THEY APPEAL, THE WATER WILL BE SHUT OFF. THE MOTION WAS MADE BY TOLSMA AND SECONDED BY GIESLER TO APPROVE THE TURN-OFF LIST. MOTION CARRIED: ALL YEA: MAYOR KINGSFORD ANNOUNCED THE TOTAL AMOUNT OF OVERDUE CHARGES WAS $3,980.90. ITEM # 5: BILLS: THE MOTION WAS MADE BY TOLSMA AND SECONDED BY GIESLER TO APPROVE THE BILLS. MOTION CARRIED: ALL YEA: TOPILIGHT PLUMS Paul Stutzman C-(�--�1960 E. Franklin Rd. Phone 888-1928 Meridian, Idaho 83642 r. 0—� 6 — txo ;2 jet ` ,�� ���—��� �' m AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 0 • 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 of the City of Meridian, 723 Meridian Road, Meridian, Idaho, at the hour of 7:30 o'clock p.m. on the 7th day of January, 1985, for the purpose of reviewing and considering the Final Subdivision Plat of',the following: ARNIE SUBDIVISION; a tract of land in the S W 1/4 of the N E 1/4 of Section 7, T. 3 N., R. 1 E., Boise-TZeridian, Ada County, Idaho:` A more particular description of the above is on file in the City Clerks office and is available for inspection during re- gular business hours; and for hearing applicant's request as follows: Variance from Ordinance 11-9-616 of the Revised and Compiled Ordinances of the City of meridian which requires that approval of a final plat be requested no less than one (1) year from approval of the preliminary plat. Variance from Ordinance 11-2-410 A, Minimum Street Frontage, r� R-(8jDistrict which requires lots in the R-�. District to have a minimum street frontage of ififtyfeet. NOTICE IS FURTHER GIVEN that a hearing will be held pursuant to 11-2-411 of the Revised and Compiled Ordinances of the City of Page 1 Meridian at the same place and time on said date to designate on the above Subdivision Plat the minimum house sizes that may be constructed on each 'lot of said ARNIE SUBDIVISION. Any and all persons interested shall be heard at said hearing. DATED thisday of December, 1984. AMBROSE, FITZGERALD &CROOKSTON Attomays end Counselors Page 2 P.O. Box 427 Meridian, Idaho 83842 Telephone 888.4481