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HomeMy WebLinkAboutCherry Lane Village-C!-�` ENGINEER. ; INC. 2K South Beechwood Bolse, Idaho 83709 • Telephone (20M 376.7330 January 18, 1985 Mr. Dale Johnson BenjFran Development, Inc. Franklin Building, Suite 101 9370 S.W. Greenburg Road Portland, OR 97223 Dear Mr. Johnson: Re: Approval of Duplex/Townho>ttse Lots in Cherry Lane Village We have reviewed our files and contacted the Citr of Meridian to determine which lots in Cherry Lane Village Subdivision were approved for housing types other than single-family detached. As a resultwT,;f the lona history of the project, the involvement of Ada County and they City of Mehdian, and the approval of several plans and plats, the approit9l of duplex/ townhouse lots is Osomewhat cloudy, especially in regard to Cherry Lane Village No-! 2. The Final Plat of Cherry Lane Village No. 1 Subdivision' and the Amended Plat of Cherry Lane Village No. 1 Subdivision have notes which, clearly designate specific lots for duplex construction. The Declaration of Covenants for Cherry Lane No. 1 limits residential use to detached single-family units except on those lots designated for duplex lots. Lots designated for duplex p construction- in Cherry Lane No. 1 are Lots 1-3, Bloc, lots of 11, Block 2, and Lots 1-13, 18-20, 22 and 23, Block 3. The Amended ne No. 1 added Lots 1 and 10, Block 6, and Lots 1 and 8, Block 7, as duplex lots. The Final Plat of Cherry Lane Village No. 2 Subdivision includes nine lots (11-19, Block 11) which are only 50 feet wide. Note 1 on the plat excepts these lots from the standard five -foot -wide easement along all common side lot lines. This note and the design of the lots indicate that Lots 11-19, Block 11, were intended for some type of attached housing. An Amendment to the Protective Covenants for Cherry Lane Village No. 1 was filed which sets forth a section on common walls. This section was probably added to cover attached units with common walls such as townhouses. We.have been unable to verify that the covenants and amendment were also recorded for Cherry Lane Village No. 2. The Ada County Recorder's Office indicated that they do not have a record of covenants for Cherry Lane Village No. 2 Subdivi- sion. However, Paragraph 2.01 of the covenants indicates that future phases are subject to the covenants. The homeowners in Cherry Lane No. 2 are being issued copies of the covenants when a home is purchased and are assuming that the covenants do, in fact, apply "to No. 2. The Declaration of Annexation for J-64 ENGINEERS, Inc. Osoum sseaftrooa.Amue, suns t — eaa. WOO 89709 w Mr. Dal* Johne -2- January 18, 1985 Cherry .r `also state that the property being annexed (No.;2) is subject to the C and Restriction of Cherry Lane No. 1. The MiS '1! City Clerk reviewed the minutes of the City Council approval and reported that there was no specific mention of townhouse or duplex lots. However, the City policy was to approve plats that complied with existing zoning without referring to specific types of housing. The zone at the time the plats were approved was Residential A. This zone allowed townhouses, duplexes and single-family units and there was no minimum lot size. As a result of the allowance in the Residential A zone, it appears that the Meridian Building Department has approved townhouse and/or duplex plans for any lot in the subdivision regardless of its designation on the plat or in the covenants. During 1979 and 1980, J -U -B ENGINEERS, Inc., prepared legal descriptions for splitting Lots 4, 5, 6 and 7, Block 7, of the Amended Plat of Cherry Lane Village No. 1 based on the location of the common wall of the duplex foundation. These lots were not designated for duplexes or townhouses on the plat, but the City of Meridian issued building permits based on the allowed uses in the Residential A zone. The individual townhouse lots were then sold (deeded) on a metes and bounds description (a portion of Lot 5, Block 7, etc.). The only problem I see is that some of Ehe.duplex townhouses in Cherry 0 Lane Village No. 1 and in the Amended Plat of Cherry Lane Village No. 1 do- not conform to the Protective Covenants, which state that duplexes will be con- structed only on designated lots. There is no problem with Planning & Zoning, since duplexes/townhouses were allowed on any lot in the Residential A zone. The townhouses in Cherry Lane Village No. 2 are perceived by some homeowners as being in conflict with the covenants since the covenants state that duplexes (� are to be constructed on designated lots. The master plan of Cherry Lane IUr=� Village, which included townhouses, was also approved by the City, but the minutes of the Council meeting do not mention housing types. There are some questions being raised by some homeowners that may require legal counsel. Do the covenants that were recorded apply to Cherry Lane No. 2? Does the term designated duplex lots, as used in the covenants, refer to 1U'( the plat designation or to the City zoning designation? E Copies of the plats and the Protective Covenants filed for Cherry Lane Village No. 1 are enclosed. Please give us a call if you have questions or need additional information. Sincerely, J -U -B ENGINEERS, Inc. ayne G' s, ead Land Dev opm t Department HWG:dp Enclosures HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK M.KIES RT,TreCity surerClerk CITY OF MERIDIAN A. M. KIEBERT, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 728 Meridian Street EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN, IDAHO ROY PORTER, Police Chief 83642 GARY SMITH, City Engineer Phone 888-4433 GRANT P. KINGSFORD Mayor July 31, 1985 Mr. Larry A. Koch, President Cherry Lane Village Homeowners Assoc. P. O. Box 232 Meridian, Idaho 83642 Dear Mr. Koch: COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning & Planning Re: Piping of Open Irrigation Canals alongside Cherry Lane Road Mayor Kingsford asked me to look into the concerns you expressed in your letter to him of July 19. The two irrigation ditches you refer to are under two different maintaining agencies. The northerly most ditch, the one closest to the existing fence, is the Safford Lateral and is owned and maintained by the Nampa -Meridian Irrigation District. The ditch closest to Cherry Lane Road is the Settlers Ditch owned and maintained by the Settlers Irrigation District. I placed phone calls to both agencies and was given the following in- formation. Safford Lateral: The Nampa -Meridian Irrigation District filed suit against Leavitt - Nu -Pacific (Cherry Lane Subdivision developers) in 1979 to force them to either move the fence farther to the north to provide adequate space for ditch maintenance or to pipe the ditch. This litigation continues to this day and the final outcome is not known. I an told the lawyer for the developer has asked for dismissal of the suit but the judge has not yet made a decision on the request. The ditch reportedly carries about 1650 Miner inches (about 33 c.f.s.) of water and Nampa -Meridian is interested in having it piped. The manager said the road crossing pipe is 36 inches in diameter and that is probably the size pipe necessary if the ditch was to be piped. The pipe would need to be reinforced concrete pipe or perhaps a corrugated PVC pipe called "Spiro -lite" would be acceptable. Settlers Ditch: The Settlers Irrigation District seems to be content in leaving their ditch open, although, it doesn't appear they would object if a proposal to pipe the ditch was made and paid for by someone else. Again, reinforced concrete pipe material would be required and the size is projected to be 36 - 42 inches in diameter. They do not have any funds for piping of any ditches according to one member of their Board of Directors, Mr. Don Smitchger. Obviously the original subdivision developer fenced the ditches out to eliminate the expense of piping them. Apparently, after talking to both irrigation districts, the expense to pipe the ditch would fall to those parties interested in the project. Nampa -Meridian is interested however, when it comes time to talk dollars I don't know how interested they are. The Settlers Irrigation is not interested and Mr. Smitchger told me they wouldn't participate, however, it certainly wouldn't hurt to formally ask their Board of Directors for some kind of assistance. Your contact people at each irrigation district are: Nampa -Meridian: Mr. Dick Haumann, Mgr. 345-2431 Settlers . Mr. Steve Chappell, Mgr. 343-5271 I would suggest you formally contact the Board of Directors of each irrigation District to solicit their support in piping of the ditches. It may come down to a Homeowners Association project but I would Certainly press the irrigation districts for some kind of help. I hope this provides you with the background information you need. If you have any questions, however don't hesitate to call. Si erely, Gary Smith, P.E. City Engineer It OFFICIALS LAWANA L. NIEMANN. City Clerk A. M. KIEBERT, Treasurer RICHARD 0. NICHOLS. Chief of Police BRUCE D. STUART. Waterworks Supt. JOHN O. FITZGERALD. Attorney ROGER WELKER, Fire Chief EARL WARD, Waste Water Supt. HUB OF TREASURE VALLEY A Good Place to Live CI'T'Y OF MERIDIAI. 723 :4Ieridian Street MERIDIAN. IDAHO 83842 Phone 888-4133 Mr. Dale Kreske Franklin Services 9370 S.W. Greenburg Road' Portland, Oregon 97223 Dear Mr. Kreske: JOSEPH L. GLAISYER Mayor . September 15, 1983 Re: Cherry Lane Village Subdivision Meridian, Idaho Water and Sewer Service COUNCILMEN GRANT P. KINGSFORD BILL BREWER RICHARD F. dRTON, JR. RONALD R. TOLSMA ANNETTE C. HINRICHS Chairman Zoning 8 Planning This transmittal is being made at the request of Dean Briggs, P.E., J -U -B ENGINEERS, Inc. Dean has requested that I outline the City of Meridian's position on an apparently not installed sewer service for Lot 5, Block 11, Cherry Lane Village No. 2 Subdivision, and a water service for Lot 6, Block 4, Cherry Lane Village No. 1 Subdivision that is apparently turned off at the corp stop in the street. The City accepted the sewer and water system after it was installed and passed required pressure tests. The intent of this acceptance was to provide maintenance for the system in terms of problems that occur through usage. The City has endeavored (and will continue to do so) to verify as much as possible that the systems are constructed in accordance with the approved plans. However, this does not mean that the City accepts liability for something the Contractor was paid to do by the developer, which for one reason or another was not completed or noticed by the City. It is the Contractor's responsibility to construct the system(s) as shown on the approved plans. The City water and wastewater superintendents work as closely and expedi- tiously with the building contractors as possible to help solve problems they may have with services. At this time, the water superintendent has provided a temporary service from a meter location adjacent to Lot 6, Block 4, so the builder can complete his financial institution requirements for residence acceptance. In summary, the City does not feel they have incurred any liability, by their original acceptance of the system for maintenance, to complete construc- tion of the sewer service for Lot 5, Block 11, Cherry Lane Village No. 2, or to expose and turn on the corporation stop at the main line for water service to Lot 6, Block 4, Cherry Lane Village No. 1. I Mr. Dale Kreske -2- September 15, 1983 If you have any questions, please don't hesitate to call. GDS: ss CC: Mayor and Council Bruce Stuart Earl Ward Dean Briggs, P.E. Sincerely, CI FMERIDIAN ary D. Smith, P.E. City Engineer J -U -B Engineer,; dFnnr JUN BenFran _ BenjFran Development, Inc., Franklin Bldg., Suite 101, 9370 S.W. Greenburg Road, Portland, Oregon 97223. (503) 796.1519 June 26, 1985 f - ,7L� Wayne Gibbs J -D -B Engineers, Inc. 250 South Beechwood Avenue, Suite 1 Boise, Idaho 83709 Dear Wayne: This is to confirm our telephone conversation regarding the continuation of work on the Glenfield Manor Subdivision. it has become apparent that it will not be possible for BenjFran Development, inc. to continue to meet the requirements of the various local governments in your area, and in particular those of the Ada County Highway District. The efforts of BenjFran Development can best be applied in other projects outside of Ada County where our activities are received with more favor. Wouia you please complete work in process to the point of protecting the approvals that we do have for this subdivision, and stop short of placing the project out for construction bid. It is my intention to market the property to local parties that may be more successful in dealing with your governmental agencies and transferring our rights to your work to that subsequent purchaser. it will be desirable if you can establish approvals that will have a life of at least twelve months so that we will have something of value to market. the meantime, i will be listing the property with Paul White and placing it on the market for sale. want to thank you and your staff for your support on this project and wish that politics would be more receptive to outside investment monies coming into your community. That not being the case, I have no option but to terminate any furher work on this project. Respectfully, eta_ Dale C. Johnson Presiaent DCJ/lt Z U JUN BenlFran lu LL! J LJ L� d01iE, IDAHO BenjFran Development, Inc., Franklin Bldg., Suite 101.9370 S.W. Greenburg Road, Portland. Oregon 97223, (503) 796-1519 June 26, 1985 Paul White White -Riedel Realtors P. O. Box 2632 Boise, Idaho 83701 Dear Paul: As we discussed, will you please prepare a listing agree- ment for your agency to market the Glenfield Manor No. 2 subdivi- sion in an "as is" condition. The price of this 83 lot partially developed subdivision is $350,000 with a 10% sales commission to your firm. A contract sale will be considered depending upon the strength of the buyer, however, it must include provi- sions for a minimum of 2,5$ down payment, a contract period not to exceed three years, and BenjFran will not subordinate to any debt instrument for development or any other purpose relative to the property. Purchase of this site will include the proprietary interest in all work done by J -U -B Engeering on our behalf, and it is presumed that that work will include the necessary approvals for the first 35 lots of this subdivision in order to provide a continuation of the development. There will be no assurances made on the part of BenjFran Development, inc. that those appro- vals will be valid and they are only offered as an advisory matter. Paul, as you know, would like to expedite this sale and if possible find a buyer so that we may close this transaction during 1985. Thank you for your assistance. Respectfully, Dale C. Johnson President DCJ/lt cc: Mary Anne Peterson David Cuttis Benfran Development, Inc.. Franklin Bldg., Suite 101.9370 S.W. Greenburg Road, Portland. Oregon 97223. (503) 796.1519 June 26, 1985 Charles Winder Chairman Ada County Highway District Commission 318 East 37th Street Boise, Idaho 83714 Re: Financial Guarantees/Glenfield Manor No. 2 Dear Mr. Winder: 1 must acknowledge to your commission the dismay that i realized when advised by J -U -B Engineers of your decision to limit financial guarantees to lending institutions"with an Idaho letterhead address. BenjFran Development, Inc. has enjoyed a long history of developing properties throughout the northwest, including in the Boise area, that has, with the support of our Parent, The Benj. Franklin Federal Savings and Loan Association, never experienced any problems in providing guarantees from that savings and loan, which is the largest association in the northwest market. 1 may be presumptious, but it would appear to me that it is to the benefit of the Boise economy to have money originating out of state spent on developing properties in your community. The actions of your Commission in declining the guarantees from the Benj. Franklin suggest, however, that the infusion of economic gain is not of any significance and that preference will be given to "hometown" organizations. As a result of your decision, which 1 must admit, is not unlike actions of other governmental bodies in your community relative to the investment of outside capital, BenjFran Develop- ment, inc. has under my direction elected to eliminate its parti- cipation in this subdivision and will place the property in the hands of a local realtor to be marketed in the Boise area. Assuming your actions would be consistent in our future interest in the Cherry Lane Village subdivision, i have also made the same decision regarding that property and will also place in the hands of a realtor for marketing. i realize that it is the prerogative of your Commission to establish whatever proceaures you feel most appropriate for your own purposes. it is, however, the prerogative of BenjFran Development, inc. to direct its funds to communities wherein it is felt that it is a welcome participant. i can assure you that it will be our policy to look to areas outside of the Boise market for any future investment activity on the part of this company. Respectfully, Dale C. Johnsen President DCJ/lt cc: J -U -B Engineers Paul White Benifian Benfran Development, Inc., Franklin Bldg., Suite 101, 9370 S.W. Greenburg Road, Portland, Oregon 97223,(503) 7964519 May 18, 1985 Jack Niemann city Clerk city of Meridian 728 Meridian Street Meridian, Idaho 83642 Dear Mr. Niemann: Last month your office submitted a bill to BenjFran Development, inc. in the amount of $425.04 for engineering charges for the Cherry Lane Village Subdivision. am aware that the developer has an obligation to reimij-urse the city for costs that relate to the processing of a subdivision and the develoment of same. The bill t�-,.at you submitted, however, relates to a meeting that was called to discuss the appropriateness of a building permit that was being requested by one of the purchasers of the property in that subdivision and the discussion related to the appropriate zoning of the site. BenjFran Development, inc. did not request the City to include the consulting engineer in this meeting and he was there at the request of the City. The purpose of the meeting was to determine the appropriateness of issuing of the building permit and was not related to the development of the subdivision. Admittedly the original subdivision application was discussed at that meeting, but it was a matter for background reference only and the conversaLion did not relate to the submission of a subdivision application or any development requirements. Since this was basically a building code and land use matter, 1 do not believe that it is appropriate to assess charges under the assumption that it was a request for approval of a development in your City. The charge that you have submitted is not, in my opinion, the responsibility of BenjFran Development, inc. Thank you for your review of this matter. Please advise if you have any further questions. Respectfully, Johns President DCJ/lt cc: Dave Curtis J -U -B Engineering �4 BenjFran BenjFran Development, Inc., Franklin Bldg., Suite 101, 9370 S.W. Greenburg Rc May 18, 1985 Jack Niemann City Clerk City of Meridian 728 Meridian Street Meridian, idaho•83642 Dear Mr. Niemann: Last month your office submitted a bill to BenjFran Development, inc. in the amount of $425.04 for engineering charges for the Cherry Lane Village Subdivision. 3 am aware that the developer has an obligatioii to re , r,:�rurse the City for costs that relate to the process=ing of a subdivision and the develoment of same. The gill 'L:�:a-L you submitted, however, relates to a meeting that was called to discuss the appjj opriateness of a building permit that was being requested by one of the purchasers of the property in that subdivision and the discussion related to the appropriate zoning of the site. BenjFran Development, inc. did not request the City to include the consulting engineer in this meeting and he was there at the request of the,CitX. The purpose of the meeting was to determine the appropriateness of issuing of the building permit and was not -related to the development of the subdivision. Admittedly the original subdivision application was discussed at that meeting, but it was a matter for background reference only and the conversation did not relate to the submission of a subdivision application or any development requirements. Since this was basically a building code and land use matter, 1 do not believe that it is appropriate to assess charges under the assumption that it was a.request for approval of a development in your City. The charge that you have submitted is not, in my opinion, the responsibility of BenjFran Development, Inc. Thank you for your review of this matter. Please advise if you have any further questions. Respectfully, Dale C. Johns President DCJ/lt cc: Dave Curtis J -U -B Engineering OPF' A_!� JA:_.r, N�EMANN. C^c Giem AM KiEBER: 7, easore" BRUCE D S%AP7 Water Works Supt WAYNE G CROOKSTON JR Attorney EARL WARD Waste Water Supt KENNY BOWERS, Fire Chief H( p Oa 1,k1- IhL RE VALL 1 A Good Place to Live COUNCILMEN CITY OF ME-AIDIAN RONBILL BREWER ALD R. OLSMA J E BERT MYERS 728 Meridian Street ROBERT GIESLER MERIDIAN, IDAHO BOB SPENCER 83642 Chairman Zoning 8 Planning Phone 888-4433 i t. GRANT P. KINGSFORD iv Mayor April 11, 1985 Mr. Dale Johnson BenjFran Development, Inc. Franklin Bldg., Suite 101 9370 S.W. Greenburg Rd. Portland, Oregon 97223 re: Engineer charge of $425.04: Dear Mr. Johnson, Mr. David Curtis of J.U.B. Engineers asked the City of Meridian to explain the policy of the City regarding this charge. In obtaining approval of a development or subdivision in the City of Meridian it is part of the application according to the Ordinance's that the developer agrees to pay any engineering costs incurred by the City that pertain to this development. Therefor, the City passes on any charges for which we are billed by our contract engineers. Attached is a copy of the March 8, 1985 billing from J.U.B Engineers, Inc. which reflect the $425.04 which was passed on to BenjFran for time involved in the Cherry Lane Village #;2 Subdivision. If you have any additional questions, please do not hesitate to contact us. Sincerely, j'ja� lei dnn C1 rk q Meridian, ID. pc: Mayor Curtis,JUB. 250 South Beechwood Avenue, Suite I STATEMENT ACCOUNT OF City of Meridian 728 Meridian Street Meridian, ID 83642 FOR PROFESSIONAL ENGINEERING SERVICES A,o 1,1B ENGINELORS, Inc. Boise, Idaho 83709 March 8, 1985 Telephone: (208) 376-7330 Re: City of Meridian - General Engineering - 1985 Statement No. 5 TERMS: Net 10 days; interest will be charged on all amounts unpaid at the maximum applicable rate allowed by law. J -U -B SERVICES, EXPENSES, ETC. SUBTOTAL TOTAL DATE PROJECT NO. 2-23-85 14500 Engineering services provided from January 27, 1985, through February 23, 1985, are itemized as follows: 1. General Engineering - Miscellaneous: Meeting with Developer/Realtor, telephone with City Clerk, attendance at Council meetings, filing of project data, comprehensive plan amendment. 888.36 la. Sewer Engineering: I 283.41 lb. Water Engineering: 481.74 2. Final plat review of Arnie Subdivision. 226.68 OS 3. Review of building lot situation in Cherry Lane Village No. 2 Subdivision, including Developer, Engi- meetings and telephone with neer, Mayor and City Clerk. 425.04 4. Review final plat of Meridian Place No. 2 Sub- division - 113.34 5. Review of annexation/rezone request for Fenstermaker. 85.02 2,503.59 This statement has been dictated and submitted by: Gary Smith, P.E.lt ©A If you have any questions regarding this billing, please contact me. AMOUNT PAYABLE 2,503.59 $ TOTAL 4*1 0 HL B Ot TRE,49URE VALLEY • A Good Place to Live °F"CITY OF MERIDIAN JACK NIEMANN Gity Clerk A.M KIEBER7 Treasurer BRUCE D. STUART, Water Works Supt. 728 Meridian Street WAYNE G. CROOKSTON JR, Attorney EARL WARD, Waste Wale, Supt. MERIDIAN, IDAHO KENNY BOWERS, Fire Chief 83642 Phone 888-4433 +� '• GRANT P. KINGSFORD .u.' Mayor April 11, 1985 Mr. Dale Johnson BenjFran Development, Inc. Franklin Bldg., Suite 101 9370 S.W. Greenburg Rd. Portland, Oregon 97223 re: Engineer charge of $425.04: Dear Mr. Johnson, COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning 8 Planning Mr. David Curtis of J.U.B. Engineers asked the City of Meridian to explain the policy of the City regarding this charge. In obtaining approval of a development or subdivision in the City of Meridian it is part of the application according to the Ordinance's that the developer agrees to pay any engineering costs incurred by the City that pertain to this development. Therefor, the City passes on any charges for which we are billed by our contract engineers. Attached is a copy of the March 8, 1985 billing from J.U.B Engineers, Inc. which reflect the $425.04 which was passed on to BenjFran for time involved in the Cherry Lane Village #f2 Subdivision. If you have any additional questions, please do not hesitate to contact us. Sincerely, Ja iBidnn i C' y C1 rk ty Meridian, ID. pc: Mayor Curtis,JUB. AMBROSE, FITZGERALD Fri CROOKSTON ATTORNEYS AND COUNSELORS 1530 WEST- STATE- P. O. BOX 427 GRANT L.AMBRO SE (19 15-1968) MERIDIAN, IDAHO 83642 JOHN O. FITZGERALD TELEPHONE 888-4481 WAYNE G. CROOKSTON, JR. l P e A. AREA CODE 208 FRED J. FRAHM February 6, 1985 Jack Niemann City Clerk and Zoning Administrator Robert Mitch, Building Inspector City of Meridian 728 Meridian Street Meridian, Idaho 83642 RE: Cherry Lane Village No. 2 Block 11, Lots 11-19 Gentlemen: You have requested me to investigate the legality of and procedure for the issuance of building permits on lots 16 and 17 for the construction of two townhouses. In that regard I have reviewed the Plat of Cherry Lane Subdivision No. 2, the Restrictive Covenants applicable thereto, the present Zoning ordinance and the Zoning ordinance that was effective at the time of plating this subdivision. It should be noted that these lots were zoned "A" Residential under the Citys' old zoning ordinances and are now located in the R-4 Residential Zone of the present Zoning ordinance. A townhouse isfordinancesSection follows403 B on page 25 of the Zoning and Development "Townhouse or Row House -- A row of two (2) or more attached single-family dwellings. Each dwelling is built with similar architectural treatment, is separated by vertical divisions by party or lot line walls, and each has private entrances (usually front and rear)." While the previous zoning ordinances did not contain a definition for a townhouse, the above definition can be uSed since the definition of what is to be constructed is app t an issue. I will first address the problem under the old ordinances and under those it is my opinion that a building permit for town- houses could not have legally been issued for these two lots. While the old "A" Residential zone was quite broad and allowed all types of residential construction, that district did hav specific lot set back requirements. Section 2-405 of the old zoning ordinances dealt with setbacks in the "A" Residential Zone in two places. They read as follows: • "In "A" Residence Zone, every building erected... shall have a side yard of not less than four feet (41) in case of a single family house and in the case of double houses not less than six feet (61)." also "In "A" Residence Zone, houses built on one lot shall be separated by a distance of not less than one-fourth (1/4) of the height to the eaves or top of the coping and not in any case less than eight feet (8') for a one story building and twelve feet (121) for a two story building." With these set back restrictions a townhouse, O -Lot Line, or patio home, which are commonly constructed today, could not be constructed in Meridian since such housing styles contemplate con- struction of each living unit on one lot under separate ownership. The City, however, has in the past allowed lots to be platted such that these housing styles could be constructed but only under a request for a conditional use or variance from the set back requirements. No such conditional use or variance was requested for the above lots at the time of platting. Therefore, under the old ordinances a building permit for townhouses could not have been issued. Under the new Zoning Ordinance the lots are contained in a R-4 Residential District which contemplates four dwelling units per acre. The nine lots themselves would be in violation of this zoning district requirement. Additionally, under 11-2-405 G not more than one principal detached building can be located on a lot except in the case of planned developments. These two requirements would indicate that the building permit could not be issued. The new zoning ordinances, however, contain specific provisions which recognize non -conforming uses, i.e., the ordinances recognizes "grandfather" rights. In particular see Sections 2-405 B, 11-2-406, and 11-2-407 D of the new ordinances. However, to be capable of being developed under "grandfather" rights or as a non -conforming use, the use must have been in existence at the time of adoption of the new ordinances and the use must have been a lawful use at the time. Thus; since a townhouse was not lawful on the lots in question under the old ordinances it is not lawful now. Contrarily, however, even though the lots do not meet the present R-4 requirements for single- family detached housing they did meet requirements for single-family detached houses under the old ordinances and could now be used for such construction as a non -conforming use. Also, the new ordinance deals specifically with the problem at hand. Under Scope of Regulations, 11-2-405 E, Lot Area and Dimension, it states: "When two (2) or more parcels of land (each of which lacks adequate area and dimensions to qualify for a permitted use under the requirements of the use district in which they are located) are contiguous and are held in one (1) ownership, they shall be used as one (1) lot for such use." Additionally, Section 11-2-406 D, non -conforming Lots of Record in combination reads as follows: ,,if two (2) or more lots or a combination of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage of this Ordinance, all reasonable attempts shall be made to meet the requirements of this Ordinance prior to the issuance of a building permit for any of the lots. However, in no event shall the City require the replatting of said combination of lots so that the requirements of this Ordinance can be met. It is the intent of this section to try to have existing recorded platted lots meet the requirements of this Ordinance, but in the event such is not possible or reasonable or creates a hardship, those lots may still be issued a building permit; PROVIDED, HOWEVER, that said lots met the requirements of the subdivision and zoning ordinances of the City at the time they were platted and recorded." Under the first quoted section, it indicates that the two lots in question would have to be used as one to meet the requirements of the R-4 Zone. However, the last quoted section would indicate that all efforts should be made to meet the requirements of the new Zoning Ordinance but if they cannot a building permit could be issued under a conditional use application. However, the proposed use would still have to have met the requirements of the old zoning ordinances which, of course, these two lots do not. The above indicates that a building permit cannot be issu for e attached townhouses, one on each lot. It app t alternativeare could be single-family detached homes on each lot as they presently platted, all of the lots could be reproached onted to eetsome existingype of-4 requirements, or the City could be app conditional use with appropriate variances being requested, -'as the proposed required. The latter approach presents some problem to the City, however. Even though the City is not an enforcer of restrictive covenants it should not put itself in a position where it grants or encourages a use that is in violation of restrictive covenants. The restrictive covenants involved on these lots do provide for only detached single- ld ve o be shown family and possiblyus, the City should requireuthatathetproc&..ure to amend severe hardshipp possibly should covenants be followed in addition to the conditional use procedure. me. If you have any questions in regard to the above please contact Very Truly Yours, Way G. Crookston, Jr City Attorney OFri, ,AL$ JAC14 41FMANN, City Clerk XM KIEBERT, Treasurer BRU(.E L STUART, Water Works Supt. WAY%,L 3.CROOKSTON,JR.,Attorney EAR' . ARD, Waste Water Supt. KE va y BOWERS, Fire Chief ROY PORTER, Police Chief GARY SMITH, City Engineer • !Ii R c,`,' ITEASURE V,ILLM A Good Place to Live OF TAERIDIAN 728 Meridian Street MERIDIAN, IDAHO 836U Phone 8"33GRANT P. KINGSFORD Mayor CITY February'18, 1987 COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOBSPENCER Chairman Zoning 8 Planning Mr. Kent Barney 2375 N. Ten Mile Rd. Meridian, Idaho 83642 Dear Mr. Barney: Re: The Lake @ Cherry Lane Sewer - Water Construction_ My Water and Sewer Superintendents advise me that the installation of this subdivisions sanitary sewer and domestic water systems has been satisfactorily completed. These systems have passed the required tests, in accordance with City Standards, and are hereby accepted by the City for ownership and maintenance. In accordance with present City policy, the installation and materials of the sewer and water systems are to be warranted against defect by the contractor for a period of one year from the date of this letter, The City must maintain, for accounting purposes, the costs of all sewer and water installations owned and operated by the City. We therefore need to receive the construction costs for this subdivisions sewer and water systems as soon as possible. "ncerely + J Gary, D, Smith, F , E , CityliEngineer c.c, City Clerk R. Stuart E. Ward Loveless Engineers 00, __ t iii 0 A!7A TO LOVELESS ENGINEERIN Civil Engineers and Land Surve ors 3330 Grace Street BOISE, IDAHO 83703 (208) 342-7298 CJ —r * --r e-19 r__ r1_1i✓Z b LETTO of 'MUMM OTTAL DATE JOB NO. ATTENTION Ek) RE: TAq- _ WE ARE SENDING YOU F-1Attached❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ THESE ARE TRANSMITTED as checked below: For approv I ❑ Approved as submitted ❑ Resubmit copies for approval For your u e ❑ Approved as noted ❑ Submit copies for distribution As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review nd comment ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY rR Ma 240.2 � [or, GMm, MM 01411. SIGNED: ` h If enclosures are not as noted, kindly notify us at once. DESCRIPTION THESE ARE TRANSMITTED as checked below: For approv I ❑ Approved as submitted ❑ Resubmit copies for approval For your u e ❑ Approved as noted ❑ Submit copies for distribution As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review nd comment ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY rR Ma 240.2 � [or, GMm, MM 01411. SIGNED: ` h If enclosures are not as noted, kindly notify us at once. 0 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING THE LAKE AT CHERRY LANE NO. 2 WHEREAS, KENT G. BARNEY and MARY R. BARNEY, husband and wife hereinafter referred to as 'Declarant', are the owners of certain real property situated in the City of Meridian, State of Idaho, know aslThe Lake at Cherry ',Lane No. 2, and i WHEREAS, The Lake "at (Cherry Lane No. 2 is a duly recorded plat; and WHEREAS, the Declarant desires to declare of public record certain protective covenants, conditions and restrictions upon the ownership of real property: NQW, THEREFORE, in consideration of the foregoing, the Declarant does hereby declare that the following protective covenants, conditions and restrictions: 11. Shall become and are', hereby made a part of all conveyances) of Block 1, Lots 1 through 11; Block 2, Lots 10 through 15;IBlock 3, Lots 5 through 10; of The Lake at Cherry Lane No. 2, recorded on the day of 1 19 1 in Book of Plats at Page (s)of the Records of Ada County corder, Ada County, State of Idaho; and 2,. Shall by reference, become a part of any such conveyances of whatever kind and 'shall apply thereto as fully and with the same effect as if set forth in full therein. ARTICLE 1 DEFINITIONS 1.01 'Declarant' shall mean Kent G. Barney and Mary R. Barney, husband and wife, their successors and assigns. x.02 'Owner' shall mean the owner of record, whether one or more persons or entities, of a fee simple title to any lot, or multiplefamily dwelling unit, which is a part of The Lake at Cherry LanNo. 2, including contract sellers. i.03 'The Lake at Cherry Lane No. real property now and hereafter contained in the at Cherry Lane No. 2. 2' shall mean all plats of The Lake .04 'Lot' shall mean 'plats of land designated residential use within The Lake at Cherry Lane No. 2 1 is thereof by Arabic numerals. identified on 4--l. e p a Of Cie, g o q c\i for and r� 1.105 'Golf Course shall', mean all real property now and hereafter contained in the Cherry L',ane Village golf course. 1.II06 'These covenants' shall mean the Protective Covenants, Conditions and Restrictions as set forth in this Declaration, with respect to The Lake at Cherry Lane No. 2, together with the Architectural Control Committee rules as set forth in Article IV hereof, as the same may be amended and supplemented from time to time in accordance with the provisions of this Declaration. ARTICLE II PROPERTY SUBJECT TO THESE COVENANTS 2';.01 INITIAL DEVELOPMENT. Declarant hereby declares that all oflthe real property described above is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property together with other real property from time,to time annexed thereto and made subject to these covenants shall constitute The Lake at Cherry Lane,No. 2. 2,.02 ANNEXATION OF SUBSEQUENT PHASES OF THE LAKE AT CHERRY LANE NO. 2. Declarant may from time to time annex to The Lake at Cherry Lane No. 2 any adjacent real propety now or hereafter ,acquired by it. The annexation of such additional phases of 1�he Lake at Cherry Lane No. 2 shall be accomplished as follows: Al. The Declarant shall 'record a declaration which shall be executed by Declarant, and shall, among other things, describe the real property to be annexed, establish any additional or different (limitations, restrictions, covenants and/or conditions which are untended to be applicable to such property, and declare that such property is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The property included by any such annexation shall thereby become a part of these Covenants. C. Notwithstanding any provision apparently to the contrary, a declaration with resPect to any annexed area may: 1. Establish new 'land classifications and such limitations, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of the annexed property; and 2. With respect to',existing land classifications, • establish such additional or different limitations, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of such annexed property. ARTICLE III , RESIDENTIAL COVENANTS 3001 LAND USE AND BUILDING TYPE. All lots except Lot 5, Block I and Lot 13, Block 2, shall be used for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height, and a private garage for not less than two cars. The foregoing provisions shall not exclude construction of a private greenhouse,) storage unit, private swimming pool or a shelter or port for the protection of such swimming pool, or the storage of a boat and/or',camping trailer kept for personal use, provided that the location of such structure is in conformity with the applicable municipal regulations, and is compatible in design and decoration with the residence constructed on such lot, and has been approved by the Architectural Control Committee. Tne provisions of this section shall not be deemed to prohibit the right of any homebuilder to construct residences on any lot, to store construction materials and equipment on said lots in the) normal course of construction and to use any single family residences as a sales office or model home for the purposes of sales ir,', The Lake at Cherry Lane No. 2. 3.02 DWELLING SIZE. The ground floor area of a one story dwelling constructed on Lots 4, 6, 7, 10 and 11, Block 1 and Lot 6, Block 3, exclusive of open porches and garage shall be not less than 1,300 square feet. The ground floor area of a one story dwelling constructed on Lots 2, 3, 8, and 9, Block 1; Lots 11, 12 and 14, Block 2; and Lots 5, 8, and 9, Block 3, exclusive of open porches and garage 'shall be not less than 1,200 square feet. The ground floor area of a one story dwelling constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, exclusive of open porches and garage shall be not less than 7,100 square feet. in the case of a two story dwelling constructed on Lots 4, 6, 7, 10 and 11, Block 1; and Lot 6, Block 3, the lower or ground floor level shall be not less than 1,000 square feet. In the case of a two story dwelling constructed on Lots 2, 3, 8 and 9, Block 1; Lots 11, 12 and 14, Block 2; and Lots 5, 8 and 9, Block 3, the lower or ground floor level shall be not less than 925 square feet. In the case of a two story dwelling constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, ;the lower or ground floor level shall be not less than 850 square feet. M f 't M LAW Inj the event of a multi-level dwelling constructed on Lots 4, 6, '7, 10 and 11, Block 1; and Lot 6,Block 3 ,othetareahe tof the one stony portion and the area of the upper wo story porti n shall constitute a minimum of 1,300 square feet. Ir� the event of a multi-level dwelling constructed on. Lots 2, 3, 8 and 9, Block 1; Lots 11, 12 and 14, Block 2; and Lots 5, 8 and 9, Block 3, the area of the one story portion and the area of th upper level of the two story portion shall constitute a minimum o 1,200 square feet. In the event of a multi-level dwelling constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, the area',of the one story portion shall constitute a minimum of 1,100 square feet. A split entry or split foyer type home and a daylight basement home constructed on Lots 4, 6, 7, 10 and 11, Block 1; and Lot 6, Block 3, shall have a main floor area of not less than 1,000 square feet. A',split entry or split foyer type home and a daylight basement home constructed on Lots 2, 3, 8 and 9, Block 1; Lots 11, 12 and 141, Block 2; and Lots 5, 8 and 9, Block 3, shall have a main floor area of not less than 925 square feet. X split entry or split foyer type home and a daylight basement home constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lotsl7 and 10, Block 3, shall have a main floor area of not less than 8150 square feet. 3'1.03 BUILDING SETBACKS. No building shall be located on any lot 'Inearer than twenty-five (25) feet to the front lot line; nearer than twenty-five (25) feet to the rear lot line; or nearer than five (5) feet to a side lot line. On corner lots the side yardlshall be a minimum of twenty-five (25) feet on the side abutting th1e street. Such building setbacks shall be in effect with the exception of the following: A. All odd numbered lots as designated on the plat in Arabic numerals, and with the exception of odd numbered cornered lots, shall have a front setback of at least thirty (30) feet unless specifically waived in writing by the Architectural Control Committee.) All odd numbered corner lots shall have setback restrictions as set forth in Section 3.03 above. For the purposes of setback determinations, all lots which are) bordered on one side by a.public street and on an adjacent side by a cul-de-sac shall be considered corner lots. All lots which have a common lot line with the golf course shall consider such side as the rear yard and therefore no structure shall be located within a thirty (30) foot rear yard setback oflsuch lot line, unless specifically waived in writing by the Architectural Control Committee. application, The Architectural Control Committee, upon app may in its'descretion waive any violation of this subsection which it finds to have been in advertent, provided the same would not constitute'a violation of local governmental ordinances. L- 3. ,04 EASEMENTS. Easements for installations and maintenance of utilities and drainage, and irrigation facilities are reservO, as shown on the recorded plat. Within these easements, no structure, fence, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the direction of flow of water through a drainage channel in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a!public authority or utility company is responsible. Easements to permit access for the standard play of golf during regular daylight hours on the golf course adjacent to the lots which' are subject to these restrictions are hereby granted and established. These acts shall include, but not be limited to, the recovery of golf balls from such lots, the flight of golf balls over and upon such lots, the usual and common noise level created by the playing of the game of golf, together with all the other common and usual activity associated with the game of golf. 3A5 TEMPORARY STRUCTURES. No structure of a temporary nature, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either templorary or permanent. 3.06 IRRIGATION. In accordance with the provisions of Idaho Code, Section 31-3805, the Declarant assumes no responsibiliity for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: A. That irrigation water deliveries have not been provided by the Declarant; g. That the purchaser of the lot must remain subject to all assessments levied by the irrigation entity; C. That the purchaser shall be responsible to pay such legal assessments; P. That the assessments are a lien on the land within the purview of the irrigation entity and as provided for by law; and E. That the Declarant is not now, nor will it be in the future, reIsponsible for the maintenance of any existing or future irrigations systems, canals, or pipe, either running through The Lake at Chierry Lane No. 2 or any individual lot. 13.07 FENCES. No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. 2 ,i, ON«. .. p 5 ? �Fx P, L- 3. ,04 EASEMENTS. Easements for installations and maintenance of utilities and drainage, and irrigation facilities are reservO, as shown on the recorded plat. Within these easements, no structure, fence, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the direction of flow of water through a drainage channel in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a!public authority or utility company is responsible. Easements to permit access for the standard play of golf during regular daylight hours on the golf course adjacent to the lots which' are subject to these restrictions are hereby granted and established. These acts shall include, but not be limited to, the recovery of golf balls from such lots, the flight of golf balls over and upon such lots, the usual and common noise level created by the playing of the game of golf, together with all the other common and usual activity associated with the game of golf. 3A5 TEMPORARY STRUCTURES. No structure of a temporary nature, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either templorary or permanent. 3.06 IRRIGATION. In accordance with the provisions of Idaho Code, Section 31-3805, the Declarant assumes no responsibiliity for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: A. That irrigation water deliveries have not been provided by the Declarant; g. That the purchaser of the lot must remain subject to all assessments levied by the irrigation entity; C. That the purchaser shall be responsible to pay such legal assessments; P. That the assessments are a lien on the land within the purview of the irrigation entity and as provided for by law; and E. That the Declarant is not now, nor will it be in the future, reIsponsible for the maintenance of any existing or future irrigations systems, canals, or pipe, either running through The Lake at Chierry Lane No. 2 or any individual lot. 13.07 FENCES. No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard fences project beyond the front walls of any dwelling or garage. 2 ,i, ON«. .. p 5 ? Chain-link fences are hereby prohibited on any residentialilot, except where required by the Declarant or any public agency in order to secure utility sites, irrigation or drainage facilities or other public use as deemed necessary. He or -other solid screen planting may be used as lot line barriers subject to the same height restrictions as fences, provided, however that no such fence or hedge shall be permitted along the front of a lot or dwelling structure. Both fences and hedges located on the lot lines in common with the golf course shall include a gate for means of. access to and from the golf course and shall be erected directly on the lot line, and all fencing shall be of a grape -stake design and construction. No fence or hedge intersecting a lot line which is in common with the golf course shall exceed six (6) feet in height. 3'.08 OFFENSIVE ACTIVITY. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or a nuisance to'the neighborhood. 31.09 BUSINESS AND COMMERCIAL USES. No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any lot, excepting the right of any homebuilder and the Declarant to construct residences on any lot,, to store construction materials and equipment on said lots and the normal course of said construction, provided, however, that nothing in these covenants shall prevent the declarant,or any assignee, from the construction of and the normal business conduct connected with a clubhouse, professional golf shopi country club, and/or related facilities, as a part of the golf course. x.10 SIGNS. No sign of any kind shall be displayed to the publiclview on any lot or improvement, except one professional sign of not more than six (6) square feet advertising the property for sale -11 This restriction shall not prohibit the temporary placement of political signs on any lot by the owner, or placement. of a professional sign by the Declarant, which must comply with the local!, sign ordinances. This restriction does not apply to signs used'Iby the builders during the construction and sales. $.11 PARKING. Parking of boats, trailers, motorcycles, trucks, track -campers and like equipment shall not be allowed' on any part of any lot or on public ways adjacent thereto excepting only within the confines of an enclosed garage, storage port, or behind a iscreening fence or shrubbery which shall in no event project beyond the front walls of any dwelling or garage. 3.12 ANIMALS. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept provided that they are 77,777 T Y .,, 4X y sM, g lyP t 00 # W kk h r - MOR S 3 �! 6. dvy. , R E� is gt M1 4 Pr 4 1 P a �I vvn not kept, brled or maintained for any commercial purposes. 3.1113 TRASH OR RUBBISH. No lot shall be used or w maintained as a dumping ground for rubbish. Trash, garbage or other waste 'shall be kept in sanitary containers and out of public view. All! incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. 3414 CONSTRUCTION COMPLETION. Construction of any dwelling shill be completed inclultheestartoof suchration constructionn eight (8) months from the date of All lots shall, prior to the construction of improvements thereon, be kept in 4 neat and orderly condition and free of brush, vines, weeds, deb is, and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 3 15 LANDSCAPE COMPLETION. All landscaping must be completed within ninety (90) days from the date of occupancy of the residence constructed thereon. However, all lots abutting the golf courselmust be sodded and such sodding must be completed within forty-five (45) days of the completion of the residence, unless otherwise approved in writing by the Architectural Control Committee. I In the event of undue hardship due to weather conditions,'this provision may be extended for a reasonable length of time upon written approval of the Architectural Control Committee. 31!.16 ANTENNAS AND SERVICE FACILITIES. Exterior antennas shall not be permitted to be placed upon the roof of any structure on any lot soatandeothervisible facilitiesthe shallstreet beln front screened of said lot. Clothes lines so as not to be viewed from the street. 3.17 TREES. Each builder, or property owner within forty-five'(45) days from the date of final yard grading of the residence,) shall plant at least two 1-1/2 inch caliper, five gallon ornamental trees adjacent to the street right-of-way in the front yard. In the case of corner lots such trees shall be planted so that each side fronting on a street contains at least one tree. Such trees shall be placed in a manner equidistance from eachlother and from the adjacent lot lines, unless otherwise approved in writing by the Architectural Control Committee. 3.18 WATER SUPPLY. No individual water supply system shall be permitted on any residential lot. 3.19 EXTERIOR FINISH. The exterior of all construction on any lot shall be designed, built, and maintained in such a manner as to blend'in with the natural surroundings, existing structuress and landscaping within The Lake at Cherry Lane No. 2. Exterior colors shall be of the flat, non -gloss type and shall be limited to'subdued tones. Exterior colors must be approved by the Architectuiral Control Committee in accordance with the provisions wow h'i ✓ t y -INAAWI �, x,' -I .$ & s� '- i 4 F� d "'i Jc s a ' " ra, g ' A € Yr, � 7 r cW'r s. rx&�' t oo",It , 3 n 4 x;? rte t ti j a' r S 3a � tw - 1; of this Article. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. 3.20 ROOFING. Only shake or tile roofing shall be used on any structure constructed on a lot unless approved otherwise in writing, by,the Architectural Control Committee beforehand. 3121 YARD LIGHTS. Upon completion of a residential structure a yard light shall be installed in a location not more than sevenl,(7) feet from the inside of the sidewalk, and adjacent to, the driveway of such premises. Yard lights shall be photo electric cell (General Electric TC100, Catalog No. C721/N500) 70 watt high'pressure sodium luminaire or equivalent model approved by1the Architectural Control Committee, of a standard six (6) foot height, and shall be shown on all plans for construction of each particular structure. Lot owners shall be required to immediatelyireplace burned -out light bulbs and any defective equipment in or pertaining to the yard light which causes the yard light not to function during night.hours. 31,.22 STREET LIGHTS. Street lights shall not be per- mitted, however, in the event that lot owners of THE LAKE AT CHERRY LANE NO. 2 desire to have street lights installed within this suvdivision that the cost thereof shall be the responsibility of the lot owners and that each lot would be assessed for its proportional cost of installing street lights if the majority of lot owners jso elect. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE 4.01 MEMBERSHIP: APPOINTMENT AND REMOVAL: The Archttecturtal Control Committee, hereinafter referred to as the Committee,1 shall consist of as many persons, not less than three, as the Declarant may from time to time appoint. Declarant may remove any member of the Committee from office at any time, and may appoint new or additional members at any time. Declarant shall keep on file at its principal office a list of names and addresses of members of the Committee. The powers and duties of such Committee shall cease in one year, or prior at Declarant's sole descr6tion, after completion of construction of all the single family dwellings, and the sale of said dwellings to the intital owfier/occupant on all of the building sites within The Lake at Cherry Lane No. 2 and properties subsequently annexed thereto. 4.02 PROCEDURES. In the event the Committee fails to and approve or disapprove within 30 days after plan specifications have been submitted to it, or in any event, if not suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 4.93 ACTION. Except as otherwise provided herein, any two members of the Architectural Control Committee shall have power to act I on behalf of the Committee, without the necessity of meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decision only by written instrument setting forth the action taken by the members consenting thereto. 4004 APPROVAL OF PLANS BY ARCHITECTURAL CONTROL COMMITTEE. No building or structure, including swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications, and a plan showing the nature, shape, height, showing the with detailed plans s materials, icolors, together proposed location of the same on the particular building site have been submitted to and approved in writing by the Committee. All plans and specifications for approval by the Committee must be submitted at least twenty (20) days prior to the proposed construction starting date. 41.05 NONWAIVER. Consent by the Committee to any matter proposed to it and within its jurisdiction under these covenants shall be deemed to constitute a precedent or waiver impairing its rights to ':withhold approval as to any similar matter thereafter proposed or'isubmitted to it for consent. 4.06 LIABILITY. Neither the committee nor any member thereof shall be liable to any ownerr, occupant, builder or Declarant for any damage, loss of prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. ARTICLE V CENTRAL PROVISIONS $.01 TERM. These covenants shall run with the land with resect to all property within The Lake at Cherry Lane No. 2 and any subsequently annexed properties and shall be binding on all parties and all persons claiming under them until amended or evoked in the manner provided in Section 5.08. 1 $.02 SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other:provisions which shall remain in full force and effect. In the event the provisions of these covenants are declared void by a court by reason of the period of time hereinstated for which the same shall be effective, then in that event such terms shall be reduced to a period of time which shall not violate the rule 40il 15, k" 0I I'M 7 ®rt 41 N V 1, 611 M -A '4 40 -Aoiio "'N R M NX 3 %W "En"VA 54 ,,Nl 4 N 1`iV-51-1-13, M0 T W R j 46W A .0 1 W '4 A "M$ *PA A T % Ex - �A niel A '04 4, W 411i14 k �.V"F , I1P v. Ogqg , �F R, Al, 0 against suspension of alienation as set forth in the laws of the State of Idalho. 503 STANDING. Should any person violate or attempt to violate any of the provisions of these covenants, the declarant, or any other person or persons owning any real property embraced within the plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person' or persons violating or attempting to violate any of the said covenants, either to prevent the doing of such or to recover damages sustained by reason of such violation. Should the Declarant employ council to enforce any of these covenants, conditions or restrictions, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and'the declarant shall have a lien upon such lot or lots to secure payment of all such accounts. 51';.04 EFFECT OF BREACH. The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, out these covenants, conditions, reservations, and restrictions shall be binding upon the effective against any such mortgagee Or trustee or owner thereof, whose title thereto or whose title'is or was acquired by foreclosure, trustee's sale, or otherwise. 51.05 DELAY. No delay or omission on the part of the Declarant or the owners of other lots in the properties in exercising any rights, power, or remedy hereinprovided, in the event of any breach of the covenants, conditions, or restrictions hereincontaiined, shall be construed as a waiver thereof or acquiescence therein, and no right of action shall accrue or shall any actionlbe brought or maintained by anyone whatsoever against the Declarant for or on account of the failure to bring any action on account of any breach of these covenants, conditions, or restrictions, or for imposing restrictions herein which may be unenforcable by the Declarant. 5.06 EXTENT OF REMEDIES. These covenants, conditions and restrictions, are cumulative, and all remedies provided herein for breach are in addition to any rising remedies provided by local or state laws, and not in lieu thereof. 5.07 APPROVALS. Approval by a city or county governing board, vested with- the responsibility of reviewing planning and zoning having jurisdictions over this subdivision, of an application made by the Declarant which is in conflict with any covenants,) conditions or restrictions of these Covenants shall in no way affect or invalidate these Covenants, but these Covenants shall remain in full force and effect, and subject to enforcement and remedies for violation hereof, subject to the right of the Declarant to change the land use designation as provided in t s r k A b W P Pg7E, 0t 4. ''ar"�� "e t t %>a•; # Vit. U+e r a ,-. Y �� rc 0 against suspension of alienation as set forth in the laws of the State of Idalho. 503 STANDING. Should any person violate or attempt to violate any of the provisions of these covenants, the declarant, or any other person or persons owning any real property embraced within the plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person' or persons violating or attempting to violate any of the said covenants, either to prevent the doing of such or to recover damages sustained by reason of such violation. Should the Declarant employ council to enforce any of these covenants, conditions or restrictions, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and'the declarant shall have a lien upon such lot or lots to secure payment of all such accounts. 51';.04 EFFECT OF BREACH. The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, out these covenants, conditions, reservations, and restrictions shall be binding upon the effective against any such mortgagee Or trustee or owner thereof, whose title thereto or whose title'is or was acquired by foreclosure, trustee's sale, or otherwise. 51.05 DELAY. No delay or omission on the part of the Declarant or the owners of other lots in the properties in exercising any rights, power, or remedy hereinprovided, in the event of any breach of the covenants, conditions, or restrictions hereincontaiined, shall be construed as a waiver thereof or acquiescence therein, and no right of action shall accrue or shall any actionlbe brought or maintained by anyone whatsoever against the Declarant for or on account of the failure to bring any action on account of any breach of these covenants, conditions, or restrictions, or for imposing restrictions herein which may be unenforcable by the Declarant. 5.06 EXTENT OF REMEDIES. These covenants, conditions and restrictions, are cumulative, and all remedies provided herein for breach are in addition to any rising remedies provided by local or state laws, and not in lieu thereof. 5.07 APPROVALS. Approval by a city or county governing board, vested with- the responsibility of reviewing planning and zoning having jurisdictions over this subdivision, of an application made by the Declarant which is in conflict with any covenants,) conditions or restrictions of these Covenants shall in no way affect or invalidate these Covenants, but these Covenants shall remain in full force and effect, and subject to enforcement and remedies for violation hereof, subject to the right of the Declarant to change the land use designation as provided in A" S I r k A b W P Pg7E, 0t 4. ''ar"�� t t %>a•; # Vit. § ..:. r a ,-. 4 L A "Ald ROW V gg Y� 3 3 5r o :tb���C $ Ja �?i`��Y+'�Si�'31�re'Y``�` _'q±M} 4$ $ '%','t ti - d_`-0lL 5i Ft srcG4 , G {. J i4" ,:JY 4'4 4�r Y :fit i kplL 4 ,.6.4- I,x-,} W �>t}'M* ..Z AY. AiV �icJ ;4 ReiF } bi r n A" S I Article II herein. 5.108 AMENDMENT AND REPEAL. These Covenants or any provision thereof , as from time to time in effect with respect to all or any part of The Lake at Cherry Lane No. 2 may be amended or repealed only by duly recording an instrument which contains an agreement providing for terminations of revocation or amendment which is signed by the Owners of not less than seventy-five percent (75%) of the Lots. I� WITNESS WHEREOF, we have set our hands this day of 19 - By BY STATE OF IDAHO) S.S. County of Ada ) before 19 On this day of personally me, a Notary Publi— c i and for the Statknownito me o be the appeared Kent G. Barney and Mary R. Barney, oing instrument, persons whose names re stheyrexecutedibed to tthe he fsame. and achnowiedged to Notary Public for Idaho Residing at Boise, Idaho My bond expires: HOME OWNERS • ADDRESS • • Il. 'Golf Course' mean all real property now and 1 05 a shall P P Y hereafter contained in the Cherry Lane Village golf course. 1.06 'These covenants' shall mean the Protective Covenants, Conditions and Restrictions as set forth in this Declaration: with respect to The Lake at Cherry Lane No. 2, together with the Architectural Control Committee rules as set forth in Article IV hereof, as the same may be amended and supplementejd from time to time in accordance with the provisions of this Declaration. ARTICLE II PROPERTY SUBJECT TO THESE COVENANTS 211.01 INITIAL DEVELOPMENT. Declarant hereby declares that all ofllthe real property described above is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property together with other ':real property from time to time annexed thereto and made subjelct to these covenants shall constitute The Lake at Cherry LaneNo. 2. 21.02 ANNEXATION OF SUBSEQUENT PHASES OF THE LAKE AT CHERRY LANE NO. 2. Declarant may from time to time annex to The Lake at Cherry Lane No. 2 any adjacent real propety now or hereafter iacquired by it. The annexation of such additional phases of The Lake at Cherry Lane No. 2 shall be accomplished as follows: A,. The Declarant shall record a declaration which shall be executed by Declarant, and shall, among other things,' describe the real pr'ioperty to be annexed, establish any additional or different limitations, restrictions, covenants and/or conditions which are intended to be applicable to such property, and declare that such (property is held and shall be held, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. R. The property included by any such annexation shall thereby become a part of these Covenants. C. Notwithstanding any provision apparently to the contrary, aldeclaration with respect to any annexed area may: 1. Establish new land classifications and such limitations'(, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development,of the annexed property; and 2. With respect to existing land classifications, ` I • o establish such additional or different limitations, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of such annexed property. ARTICLE III RESIDENTIAL COVENANTS 31,.01 LAND USE AND BUILDING TYPE. All lots except Lot 5, Block 1 and Lot 13, Block 2, shall be used for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half (2-1/2) stories in height, and a private garage for not less than two cars. The foregoing provisions shall not exclude construction of a private greenhouse,) storage unit, private swimming pool or a shelter or port for the protection of such swimming pool, or the storage of a boat and/or camping trailer kept for personal use, provided that the locatilon of such structure is in conformity with the applicable (municipal regulations, and is compatible in design and decoration with the residence constructed on such lot, and has been approved by the Architectural Control Committee. The provisions of this section shall not be deemed to prohibit the right of any homebuilder to construct residences on any lot, to store construction materials and equipment on said lots in the'( normal course of construction and to use any single family residences as a sales office or model home for the purposes of sales inl The Lake at Cherry Lane No. 2. 3,.02 DWELLING SIZE. The ground floor area of a one story dwelling constructed on Lots 4, 6, 7, 10 and 11, Block 1 and Lot 6, Block 3, exclusive of open porches and garage shall be not less than 11,,300 square feet. The ground floor area of a one story dwelling constructed) on Lots 2, 3, 8, and 9, Block 1; Lots 11, 12 and 14, Block 2; and Lots 5, 8, and 9, Block 3, exclusive of open porches and garage shall be not less than 1,200 square feet. The ground floor area of a one story dwelling constructed) on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, exclusive of open porches and garage shall be not less than 1,100 square feet. In the case of a two story dwelling constructed on Lots 4, 6, 7, 10, and 11, Block 1; and Lot 6, Block 3, the lower or ground floor level shall be not less than 1,000 square feet. In the case of a two story dwelling constructed on Lots 2, 3, 8 and 91 Block 1; Lots 11, 12 and 14, Block 2; and Lots 5, 8 and 9, Block 3, the lower or ground floor level shall be not less than 925 square feet. In the case of a two story dwelling constructed on Lot 1, Plock 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, (the lower or ground floor level shall be not less than 850 square (feet. J'"r ,y r cI Wpm, M _'4 IP n 4,z U ,a i f x ``=�," e'- n� y amts s k { r rt MA �.i Y No 3 VE t # 7 sus + s r in, d4ai `47"'".�" 0A P"t ff 04 HP 5. - fit sa'*k � xs-� 7 < �. }�r t3'"'x ",�°` + w e a 'fie L ya e E In the event of a multi-level dwelling constructed on Lots 4, 6, 7, 10 and 11, Block 1; and Lot 6, Block 3, the area of the one story portion and the area of the upper level of the two story portion shall constitute a minimum of 1,300 square feet. In the event of a multi-level dwelling constructed on Lots 2, 3, 8 and 9, Block 1; Lots 11, 12 and 14, Block 2; and Lots 5, 8 and 9, Block 3, the area of the one story portion and the area of the upper level of the two story portion shall constitute a minimum of 1,200 square feet. In the event of a multi-level dwelling constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, the area of the one story portion shall constitute a minimum of 1,100 square feet. A split entry or split foyer type home and a daylight basement home constructed on Lots 4, 6, 7, 10 and 11, Block 1; and Lot 6, Block 3, shall have a main floor area of not less than 1,000 square feet. A split entry or split foyer type home and a daylight basement home constructed on Lots 2, 3, 8 and 9, Block 1; Lots 11, 12 and 14, Block 2; and Lots 5, 8 and 9, Block 3, shall have a main floor area of not less than 925 square feet. A split entry or split foyer type home and a daylight basement home constructed on Lot 1, Block 1; Lots 10 and 15, Block 2; and Lots 7 and 10, Block 3, shall have a main floor area of not less than 850 square feet. 3.03 BUILDING SETBACKS. No building shall be located on any lot nearer than twenty-five (25) feet to the front lot line; nearer than twenty-five (25) feet to the rear lot line; or nearer than five (5) feet to a side lot line. On corner lots the side yard shall be a minimum of twenty-five (25) feet on the side abutting the street. Such building setbacks shall be in effect with the exception of the following: A. All odd numbered lots as designated on the plat in Arabic numerals, and with the exception of odd numbered' cornered lots, shall have a front setback of at least thirty (30) feet unles6�specifically waived in writing by the Architectural Control Committee. All odd numbered corner lots shall have setback restrictions as set forth in Section 3.03 above. B. For the purposes of setback determinations, all lots which are bordered on one side by a public street and on an adjacent side by a cul-de-sac shall be considered corner lots. C. All lots which have a common lot line with the golf course shall consider such side as the rear yard and therefore no structure shall be located within a thirty (30) foot rear yard t;' setback of such lot line, unless specifically waived in writing by the Architectural Control Committee. IF The Architectural Control Committee, upon application, may in its descretion waive any violation of this subsection which." it finds to have been in advertent, provided the same would not constitute a violation of local governmental ordinances. 0 0 3.04 EASEMENTS. Easements for installations and maintenance of utilities and drainage, and irrigation facilities are reserved, as shown on the recorded plat. Within these easements, no structure, fence, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the direction of flow of water through a drainage channel in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Easements to permit access for the standard play of golf during regular daylight hours on the golf course adjacent to the lots which are subject to these restrictions are hereby granted and established. These acts shall include, but not be limited to, the recovery of golf balls from such lots, the flight of golf balls over and upon such lots, the usual and common noise level created by the playing of the game of golf, together with all the other common and usual activity associated with the game of golf. 3.05 TEMPORARY STRUCTURES. No structure of a temporary nature, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence, either temporary or permanent. 3.06 IRRIGATION. In accordance with the provisions of Idaho Code, Section 31-3805, the Declarant assumes no responsibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: A. That irrigation water deliveries have not been provided by the Declarant; B. That the purchaser of the lot must remain tubject to all assessments levied by the irrigation entity; C. That the purchaser shall be responsible to pay such legal assessments; D. That the assessments are a lien on the land within the purview of the irrigation entity and as provided for by law; and E. That the Declarant is not now, nor will it be in the future, responsible for the maintenance of any existing or future irrigations systems, canals, or pipe, either running through The Lake at Cherry Lane No. 2 or any individual lot. 3.07 FENCES. No fence shall exceed six (6) feet in height from the finished lot grade. In no event shall side yard ,-fences project beyond the front walls of any dwelling or garage. Chain-link fences are hereby prohibited on any residential lot, except where required by the Declarant or any public agency in order to secure utility sites, irrigation or drainage facilities or other public use as deemed necessary. Hedges or other solid screen planting may be used as lot line barriers subject to the same height restrictions as fences, provided, however that no such fence or hedge shall be permitted along the front of a lot or dwelling structure. Both fences and hedges located on the lot lines in common with the golf course shall include a gate for means of access to and from the golf course and shall be erected directly on the lot line, and all fencing shall be of a grape -stake design and construction. No fence or hedge intersecting a lot line which is in common with the golf course shall exceed six (6) feet in height. 3.08 OFFENSIVE ACTIVITY. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be, or may become an annoyance or a nuisance to the neighborhood. 3.09 BUSINESS AND COMMERCIAL USES. No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any lot, excepting the right of any homebuilder and the Declarant to construct residences on any lot, to store construction materials and equipment on said lots and the normal course of said construction, provided, however, that nothing in these covenants shall prevent the declarant, or any assignee, from the construction of and the normal business conduct connected with a clubhouse, professional golf shop, country club, and/or related facilities, as a part of the golf course. 3.10 SIGNS. No sign of any kind shall be displayed to the public view on any lot or improvement, except one professional sign of not more than six (6) square feet advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any lot by the owner, or placement of a professional sign by the Declarant, which must comply with the local sign ordinances. This restriction does not apply to signs used by the builders during the construction and sales. 3.11 PARKING. Parking of boats, trailers, motorcycles, trucks, truck -campers and like equipment shall not be allowed on any part of any lot or on public ways adjacent thereto excepting only within the confines of an enclosed garage, storage port, or behind a screening fence or shrubbery which shall in no event project beyond the front walls of any dwelling or garage. 3.12 ANIMALS. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept provided that they are U not kept, bred or maintained for any commercial purposes. 3.13 TRASH OR RUBBISH. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall be kept in sanitary containers and out of public view. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. 3.14 CONSTRUCTION COMPLETION. Construction of any dwelling shall be completed including exterior decoration within eight (8) months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris, and the grass thereon cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. 3.15 LANDSCAPE COMPLETION. All landscaping must be completed within ninety (90) days from the date of occupancy of the residence constructed thereon. However, all lots abutting the golf course must be sodded and such sodding must be completed within forty-five (45) days of the completion of the residence, unless otherwise approved in writing by the Architectural Control Committee. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Control Committee. 3.16 ANTENNAS AND SERVICE FACILITIES. Exterior antennas shall not be permitted to be placed upon the roof of any structure on any lot so as to be visible from the street in front of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. 3.17 TREES. Each builder, or property owner within forty-five (45) days from the date of final yard grading of the residence, shall plant at least two 1-1/2 inch caliper, five gallon ornamental trees adjacent to the street right-of-way in the front yard. In the case of corner lots such trees shall be planted so that each side fronting on a street contains at least one tree. Such trees shall be placed in a manner equidistance from each other and from the adjacent lot lines, unless otherwise approved in writing by the Architectural Control Committee. 3.18 WATER SUPPLY. No individual water supply system shall be permitted on any residential lot. 3.19 EXTERIOR FINISH. The exterior of all construction on any lot shall be designed, built, and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within The Lake at Cherry Lane No. 2. Exterior colors shall be of the flat, non -gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Architectural Control Committee in accordance with the provisions 0 • of this Article. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. 3.20 ROOFING. Only shake or tile roofing shall be used on any structure constructed on a lot unless approved otherwise in writing, by the Architectural Control Committee beforehand. 3.21 YARD LIGHTS. Upon completion of a residential structure a yard light shall be installed in a location not more than seven (7) feet from the inside of the sidewalk, and adjacent to, the driveway of such premises. Said yard light shall be of a standard six (6) foot height and the location and type shall be shown on all plans for construction of each particular structure, and be subject to approval, and submitted to the Architectural Control Committee pursuant to Section 4.04 herein. 3.22 STREET LIGHTS. Street lights shall not be per- mitted, however yard lights shall be installed on all building lots as set forth in Section 3.21 above. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE 4.01 MEMBERSHIP: APPOINTMENT AND REMOVAL. The Architectural Control Committee, hereinafter referred to as the Committee; shall consist of as many persons, not less than three, as the Declarant may from time to time appoint. Declarant may remove any member of the Committee from office at any time, and may appoint new or additional members at any time. Declarant shall keep on file at its principal office a list of names and addresses of members of the Committee. The powers and duties of such Committee shall cease in one year, or prior at Declarant's sole descretion, after completion of construction of all the single family dwellings, and the sale of said dwellings to the intital owner/occupant on all of the building sites within The Lake at Cherry Lane No. 2 and properties subsequently annexed thereto. 4.02 PROCEDURES. In the event the Committee fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if not suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 4.03 ACTION. Except as otherwise provided herein, any? two members of the Architectural Control Committee shall have power to act on behalf of the Committee, without the necessity of meeting and without the necessity of consulting the remaining.' members of the Committee. The Committee may render its decision only by written instrument setting forth the action taken by the members consenting thereto.' 4.04 APPROVAL OF PLANS BY ARCHITECTURAL CONTROL COMMITTEE. No building or structure, inc uding swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications, and a plan showing the nature, shape, height, materials, colors, together with detailed plans showing the proposed location of the same on the particular building site have been submitted to and approved in writing by the Committee. All plans and specifications for approval by the Committee must be submitted at least twenty (20) days prior to the proposed construction starting date. 4.05 NONWAIVER. Consent by the Committee to any matter proposed to it and within its jurisdiction under these covenants shall be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. 4.06 LIABILITY. Neither the Committee nor any member thereof shall be liable to any owner, occupant, builder or Declarant for any damage, loss of prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. ARTICLE V CENTRAL PROVISIONS 5.01 TERM. These covenants shall run with the land with resect to all property within The Lake at Cherry Lane No. 2 and any subsequently annexed properties and shall be binding on all parties and all persons claiming under them until amended or evoked in the manner provided in Section 5.08. 5.02 SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. In the event the provisions of these covenants are declared void by a court by reason of the period of time hereinstated for which the same shall be effective, then in that event such terms shall be reduced to a period of time which shall not violate the rule against suspension of alienation as set forth in the laws of the State of Idaho. 5.03 STANDING. Should any person violate or attempt to violate any of the provisions of these covenants, the declarant, or any other person or persons owning any real property embraced within the plat, at its or their option, shall have full power and authority to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of the said covenants, either to prevent the doing of such or to recover damages sustained by 'reason of such violation. 0 • Should the Declarant employ council to enforce any of these covenants, conditions or restrictions, by reason of such violation, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots and the declarant shall have a lien upon such lot or lots to secure payment of all such accounts. 5.04 EFFECT OF BREACH. The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon the effective against any such mortgagee or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. 5.05 DELAY. No delay or omission on the part of the Declarant or the owners of other lots in the properties in exercising any rights, power, or remedy hereinprovided, in the event of any breach of the covenants, conditions, or restrictions hereincontained, shall be construed as a waiver thereof or acquiescence therein, and no right of action shall accrue or shall any action be brought or maintained by anyone whatsoever against the Declarant for or on account of the failure to bring any action on account of any breach of these covenants, conditions, or restrictions, or for imposing restrictions herein which may be unenforcable by the Declarant. 5.06 EXTENT OF REMEDIES. These covenants, conditions and restrictions, are cumulative, and all remedies provided herein for breach are in addition to any rising remedies provided by local or state laws, and not in lieu thereof. 5.07 APPROVALS. Approval by a city or county governing board, vested with the responsibility of reviewing planning and zoning having jurisdictions over this subdivision, of an application made by the Declarant which is in conflict with any covenants, conditions or restrictions of these Covenants shall in no way affect or invalidate these Covenants, but these Covenants shall remain in full force and effect, and subject to enforcement and remedies for violation hereof, subject to the right of the Declarant to change the land use designation as provided in Article II herein. 5.08 AMENDMENT AND REPEAL. These Covenants or any provision thereof , as from time to time in effect with respect to all or any part of The Lake at Cherry Lane No. 2 may be amended or repealed only by duly recording an instrument which contains an agreement providing for terminations of revocation or amendment which is signed by the Owners of not less than seventy-five percent (75%) of the Lots. day of • IN WITNESS WHEREOF, we have set our hands this . 19 By By STATE OF IDAHO) s.s. County of Ada ) On this day of , 19 F before me, a Notary Pub is in and for the State of Idaho, personally appeared Kent G. Barney and Mary R. Barney, known to me to be the persons whose names are subscribed to the foregoing instrument, and achnowledged to me that they executed the same. Notary Public for Idaho Residing at Boise, Idaho My bond expires: C O M M E N T S C KENT BARNEY PRELIMINARY & FINAL PLAT THE LAKE AT CHERRY LANE # 2 PHASE # I 1. Central District Health: Can approve with Central Water & Sewer: 2. Idaho Power Company: Suggest 10 ft. easement be provided adjacent to road right -a -way on all lots for utilities: 3. Earl Ward: All Sewer Construction to be in accordance with City of Meridian Standard Specifications: , 4. Police: No objections or recommendations at this time: 5. Fire Department: With only one way in & out concerned about time it takes to drive through subdivision to get to rear of this phase. also ther are a lot of dead end streets in all of Cherry Lane Village: 6. Mountain Bell requires 10' easement on front and back property lines and 5' along side lot lines. 7. City Engineer: See Letter attached: 8. Ada County Highway District: NO recommendation received aat this time. 9. Public Hearing Held August 12, 1985: Planning & Zoning Commission recommended that City Council approve contingent upon Council granting necessary Variances subject to Council approving Covenants, making sure they are compatible with existing subdivision, ownership of acess be taken care of and culdesac turnaround be handled in acceptable manner. 10; Ada County Highway District: See Letter Attached: 11. Nampa Meridian Irrigation: See Letter Attached: 12. Covenants attached for Council review: OFFICIALS JACK NIEMANN, City Clerk A. M. KIESERT, Treasurer BRUCE D. STUART. Water Works Supt WAYNE G. CROOKSTON. JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief ROY PORTER, Police Chief GARY SMITH, City Engineer HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 888 433 GRANT P. KINGSFORD Mayor July 24, 1985 COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOBSPENCER Chairman Zoning 8 Planning Mr. Daniel Torfin Loveless Engineering 3330 Grace St. Boise, Idaho 83703 Dear Mr. Torfin: Re: The Lake Q Cherry Lane No. 2 Subdivision I have reviewed your submittal of the preliminary and final plat for the subject subdivision for conformance to the present City Ordinances. Red line comments on a blueline print each of the preliminary and final plat have been given to you on this date. My review comments, most of which are noted on the red lined blueprints are as follows: A. Preliminary Plat: 1. Resubmit corrected legal description for revised plat. 2. Submit a statement of the intended use of the proposed subdivision, such as: residential single family with golf course amenities along some lots. 3. Show street names and street right of way widths. 4. Show contour lines at two (2) foot intervals. 5. Show all proposed or existir-g utilities including but not limited to storm and sanitary sewers, irrigation laterols, ditches, drainages, bridges, culverts, water mans and.fire hydrants. 6. Submit a copy of proposed restrictive covenants and/or deed restrictions. 7. Submit a statement of development features. S. Revise culdesac area lot arrangement at the subdivisions southeast corner and eliminate "T" intersection with Turnberry Street (extended). 9. Show a North-South street through Block 5 for future access to property to the North and to conform to maximum block length of 1,000 feet. 10. Golf hole No. 3 - Widen at approx. mid -length by decreasing lot depth to 100 - 110 feet. Lengthen Hole No. 3 to 490 yards for a Par 5 rating. B. Final Plat: 1. Submit five (5) copies of the final engineering construction drawing for streets, water, sewers, and other public improvements. 2. Submit proof of current ownership of the real property included in the proposed final plat with consent of recorded owners of the plat. 3. Submit a statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof. 4. Submit a statement of conformance with all requirements and pro- visions of the Zoning and Development Ordinance. 5. Submit a statement of conformance with acceptable engineering, architectural and surveying practices and local standards. 6. Idaho Power Co. is requesting a ten (10) foot front yard easement. If you have any questions concerning these comments or those on the blue line prints please call. Please return the red -lined prints with your resubmittal. Sincerely, r Gary Smith, P.E. City Engineer A lJ*Ty H1• DISTRICT 8.18 EAST 37TH STRIEL'FT BOISE, 1®AFI® 83714 Inter -Department Correspondence To: Ada County Highway.District.Commission Date. August'6, 1985'. From: Development Services Subject: PRELIMINARY PLAT THEP LAKE AT' CHERRY .LANE #2 �. FACTS & FINDINGS 1. To develop a 21 Lot Residential Subdivision at the north side of -Cherry Lane. Village Sudivision, which is north of Cherry Lane west of 10 Mile ! Read in Meridian. 1338 feet of new streets are planned. 2. 7Lrnberry Way, access into the subdivision has 50 feet of right -of way and is improved with.a 36 foot back -to -school section., RECEWMFN MATIONSe { 1. 'Provi.de.a 36 foot back-to-back section; section with. standard curb and five foot. sidewalk on all continous•streets. f 2. Provide a 37:fo6t temporary.turnaround at.the west end Lakeview. Drive.. 3. Realign the proposed.street off Turnberry Way to the east to align with Lakeview Drive -as in. a:corm ,n n intersection. y 4. All dedicated streets to be constructed and designed to ACHD standards and specifications.. 5. All street construction plans shall be signed and stamped by a registered professional •engineer.in.accordance with Idaho Code 52-1218. 6,. Submit subdivision or street plans -with hydraulic.calculations prepared by j a Registered•Engineer (Section 54; Chapter 12., Idaho Code) for review and. approval by Ada County Highway District. 7. Approval.of,this preliminary plat is subject.to the•condition that if ACHD standards for subdivisions are.revised prior to submittal of final plats, revised•standards.will-be followed n, preparing tLe final plu— 8.- Approval of the preliminary plat shall not be construed as final and binding onACRD.: The Commissioners reserve 'the right'to require further changes consistent. with sound engineering practices when all final drawings are submitted for review. i POLICY IMPLICATIONS: 1. Recommendations are made to Merdian City Planning &Zoning Commission as condition for compliance. 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(D & 64.r• (D p d > La F4d� �> mn w H- U) to 1 �NW h NtiJ 0i. ~P hi z.. w z w F- 0 z c m w �,o rrt, Hrt HOrwr cn ~ En0 r w is ftto a m O H E N H. 014 O r+ 64H o N i --i NEn rt. rY cn H _ ®� z 00 COa C U7 n C� ? w. 197 aM H (D 0, z m r r rt rt w r, O K � w Ur H z G) � (D (D N rt w 1-, 0 (D n w fD w a N w w rt F,• 0 O w n 0 fD C rt 0 0 H H OR n� wa 01 0 r Fd (D x (n (ND rt Lz1 r0 (D m LzJ Z" rt p rh n x O O En (�D � H m a M Lam] m rah O Fj P , H P_ m x a w W 0 N 0 > 0)� x 0 rr tzi En H �(D a� C N (D rt i v (D 0 FO (D N � r• N N H O 0 a rt (D 0, H n W4 r� iK (n H H e H C4 C r K v �o 00 vi ro H z r r � Z K � H H z G) :g J (D N n W a. P- • o, r- d � 00 cn w r+ N v 9 August 1985 Comments and recommendations concerning the preliminary & final plat Phase #1 The Lake at Cherry Lane #2. All existing lateral ditches and waste ditches must be protected and maintained by the development. The waste way from the golf course pond has to be protected. Our Rutledge.Drain crosses the proposed subdivision. The District has to retain right of way width adequate to properly maintain it. Encourage the.developer to install an irrigation system to each lot and set up a water users association. 4ze,"O, Richard W. Baumann District Manager Nampa & Meridian Irrigation District OENTRAL DISTRICT HEALTH DEPART* ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET _ Rezone # _ Conditional Return to: Boise Eagle _ Meridian Kuna ACZ 1. We have no objections to this proposal. 2. We recommend denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. We will require more data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can commnt 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 XCentral water Individual water _ Community water well. 8. Plans for ACentral sewage Community sewage system _Sewage dry lines, and Central water _Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. 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)(swimning pools or spas)(grocery store). 13. Reviewed b Date SNAKE RIVER I DAH O POWER C OM PANY k BOX 70 • BOISE, IDAHO 83707 HYDRO POWER July 22, 1985 Meridian Planning & Zoning 728 Meridian Street Meridian, Idaho 83642 Dear Sirs: The preliminary plat for The Lake at Cherry Lane #2 Subdivision was recently received in our office. We would suggest a 10.0 foot utility easement be provided adjacent to the road right-of-way on all lots. This would help facilitate our providing service to these lots. Thank you for your cooperation. 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O C � �`� En bd O' H H tr1 �✓ z 00 • n lI1 a a a fi 0 a N m m (D rt m a En :J (D m m m a F ZZZ �O mo o NN 0o N .> > rro ZvW H G) roz rn0r, cn rnr orn 0 > � rm�� o tro �Gzi nr `° 1 K ro � mro Nx ntt] P_ m m "C 0 o r x (D V1 (D 0 •• m rwr P- O R+ z 10 0 pirt �q m O1 ri a. N (D O rt 0 M O It H W. M tLi H H C (D N H e n �e H 5 sm H til I r 00 Ul K AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 6884461 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, That pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that a public hearing will,be:held before the Planning and Zoning Commission of the City of Meridian, Idaho, at the City Nall of the City of Meridian, 728 Meridian Street, Meridian, Idaho, at the hour of 7:30 o'clock P.M., on the 12th day of August, 1985, for the purpose of reviewing and considering the Preliminary and Final Plat of the following: The Lake at Cherry Lane No. 2, being along the north side of the lake at Cherry Lane Village, located in the NW 1/4 of the SE 1/4 and the SW 1/4 of the NE 1/4 of Section 3, T. 3N., R. 1W., B.M., Ada County, Idaho. A more particular description of the above named property is on file in the City Clerk's office and is available for inspection during regular business hours. NOTICE IS HEREBY FURTHER GIVEN that a public hearing will be held pursuant to 11-2-411 of the Revised and Compiled Ordinances of the City of Meridian.at the same place and time on said date to designate on the above subdivision plats the minimum house sizes that may be constructed on each lot in said above described subdivision. Any and all interested persons shall be heard at said public hearing. DATED This 19th day of July, 1985. CENTRAL LST RICT HEALTH APARTMENT ENVIRONMENTAL HEALTH DIVISION \'ulle� Ada County Boise County Elmore County Valley County P.O Boz 144E .1r•rvtfll' flit' W,' r4 � ��r na•C 1455 rJ Grcnar� Cc��•r t+ouse Annex McCall, ID 63636 Bcw,, Ip H'370r Buise ID 8370E 190 5 4th Eas' rv�1u1NP.� ul 3-t, t, ,11 375-521' Mountain Home. ID 83647 634-7194 Htn.e 587-9225 March 17, 1986 Ada Clmnre Mr. John Bastida Ada County Recorder 650 Main Street Boise, Idaho 83702 Re: By The Lake at Cherry Lane Subdivision #2 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. Final approval was given on March 17, 1986. No lot size may be reduced without prior approval of the health authority. Sincerely, Nancy Good 1 -Bowser, E.H.S. Supervisor of Environmental Health cc: Loveless Engineer Meridian City Hall - Gary Smith Ada County Building Department HUD Tom Turco, Director of Environmental Health NGB:bls RECEIVED BY CITY OF MERIDIAN CITY ENGINEER "'j, ./?v October 4, 1985 Mr. Dan Torfin Loveless Engineering 3330 Grace St. Boise, Idaho 83703 Dear Dan: Re: The Lake @ Cherry Lane No. 2 Subdivision The sewer and water development plans for the subject development, submitted to this office today, contain all previously requested revisions and are approved by the City of Meridian for construction. Please have the developers contractor contact me for scheduling of a pre -construction conference with the City Water and Wastewater Superinten- dents. This meeting shall be held at least 14 calendar days prior to commencement of work. Sincerely, Gary D. ith, P.E. City Engineer c.c. Mayor & Council Bruce Stuart Earl Ward Monte Marchus HUB OF TREASURE VALLEY A Good Place to Live COUNCILMEN O OFFICIALSBILL JACK CITY OF MERIDIAN RONALDR TOLSMA Treasurer A M. KIEBERT, Treasurer J. E. BERT MYERS BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 728 Meridian .Street ROBERT GIESLER EARL WARD, Waste water Supt. MERIDIAN, IDAHO BOB SPENCER KENNY BOWERS, Fire Chief 83842 Chairman Zoning & Planning ROY PORTER, Police Chief GARY SMITH, City Engineer Phone 868-4433 GRANT P. KINGSFORD Mayor October 4, 1985 Mr. Dan Torfin Loveless Engineering 3330 Grace St. Boise, Idaho 83703 Dear Dan: Re: The Lake @ Cherry Lane No. 2 Subdivision The sewer and water development plans for the subject development, submitted to this office today, contain all previously requested revisions and are approved by the City of Meridian for construction. Please have the developers contractor contact me for scheduling of a pre -construction conference with the City Water and Wastewater Superinten- dents. This meeting shall be held at least 14 calendar days prior to commencement of work. Sincerely, Gary D. ith, P.E. City Engineer c.c. Mayor & Council Bruce Stuart Earl Ward Monte Marchus September 16, 1985 Mr, Dan Torfin Loveless Engineering 3330 Grace St. Boise, Idaho 83703 COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E BERT MYERS ROBERT GIESLEF BOBSPENCER Chairman Zoning 8 Planning Re: The Lake @ Cherry Lane N0.2 Dear Mr. Torfin, Subdivision The subject development is located within the City service boundaries and can be served by City sewer and water. C.C. City Clerk Bruce Stuart Earl Ward Sincerely, GarSmith, P.E. City Engineer 4 HI rR OF 7-R E 4TV RF ti `•'IVF)' A Gon-a 'FIa -e to Live OF F i.":ALS CITY OF MERIDIAN A.JACK M.KIE ERT, easel , A. M.KIEBERT,Treaaure� BRUCE D. STUART, Water Works Supt WAYNE G. CROOKSTON, JR., Attorney 728 Meridian Street EARL WARD. Waste Water Supt. KENNY BOWERS, Fire Chief MERIDIAN, IDAHO ROY PORTER. Police Chief 93642 GARY SMITH, City Engineer Phone 888.4433 GRANT P. KINGSFORD Mayor September 16, 1985 Mr, Dan Torfin Loveless Engineering 3330 Grace St. Boise, Idaho 83703 COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E BERT MYERS ROBERT GIESLEF BOBSPENCER Chairman Zoning 8 Planning Re: The Lake @ Cherry Lane N0.2 Dear Mr. Torfin, Subdivision The subject development is located within the City service boundaries and can be served by City sewer and water. C.C. City Clerk Bruce Stuart Earl Ward Sincerely, GarSmith, P.E. City Engineer 4 OFFICIALS JACK NiEMANN. GTy 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 ROY PORTER, Pollee Chief GARY SMITH. City Engineer Mr. Dan Torfin Loveless Engineering 3330 Grace Street Boise, Idaho 83703 Dear Dan: HUB OF TR FAAW VALLEY A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83842 Phone 888-4433 GRANT P. KINGSFORD Mayor September 3, 1985 COUNCILMEN BILL BREWER RONALD R TOLSMA J. E BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning &Planning Re: The Lake @ Cherry Lane No. 2 "Development Plans" I have reviewed the plans for the subject project that were received by this office on August 27 and have made comments on a set of the blueline prints that are attached to this letter. The Wastewater and Water Superintendents have also reviewed the plans and their comments are also shown thereon. We also need to locate three (3) street lights on the site. I anticipate one at the intersection of Turnberry and Lakeview, one near the intersection of Lakeview and Jetty Way and one about 400 feet to the west of that intersection. The exact locations will need tc be coordinated with Idaho Power layout of transformer and junction boxes. If you have any questions or comments please call. Si cerely, Gary . Smith, P.E. City Engineer C.C. City Clerk Bruce Stuart Earl Ward September 4, 1985 Mr. Kent Barney 2375 North Ten Mile Rd. Meridian, Idaho 83642 Re: Preliminary & Final Plat By The Lake #2: Dear Kent, COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning 8 Planning At the regular Meeting of the Meridian City Council held September 3, 1985, the Preliminary Plat & the Final Plat of By The Lake at Chery Lane #2, as well as the Variance requested was approved. The Covenants for this phase was also approved. This approval was contingent upon the City Engineers approval of the development plans which he has reviewed and sent back for corrections. Under the Ordinance's of the City of Meridian you have one year from this date to record the Final Plat, if this is not filed in this time frame you have the option of request- ing a one year extension, otherwise the approval becomes null and void. Sincerely, )ac Finan Cler &ng Adininstrator of 'Meridian, ID. PC: City Engineer Loveless Eng. File-- VALLEY 46 HUB OF TREASURE A Good Place to Live OFFICIALS JACK CITY OF MERIDI AN M.KIEB RT,Tre surerClark A. M. KIEBERT, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 728 Meridian Street EARL WARD, Waste Water Supt. MERIDIAN, IDAHO KENNY BOWERS, Fire Chief 642 ROY PORTER, Police Chief GARY SMITH, City Engineer Phone 868.4433 GRANT P. KINGSFORD Mayor September 4, 1985 Mr. Kent Barney 2375 North Ten Mile Rd. Meridian, Idaho 83642 Re: Preliminary & Final Plat By The Lake #2: Dear Kent, COUNCILMEN BILL BREWER RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER BOB SPENCER Chairman Zoning 8 Planning At the regular Meeting of the Meridian City Council held September 3, 1985, the Preliminary Plat & the Final Plat of By The Lake at Chery Lane #2, as well as the Variance requested was approved. The Covenants for this phase was also approved. This approval was contingent upon the City Engineers approval of the development plans which he has reviewed and sent back for corrections. Under the Ordinance's of the City of Meridian you have one year from this date to record the Final Plat, if this is not filed in this time frame you have the option of request- ing a one year extension, otherwise the approval becomes null and void. Sincerely, )ac Finan Cler &ng Adininstrator of 'Meridian, ID. PC: City Engineer Loveless Eng. 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 ROY PORTER, Police Chief GARY SMITH, City Engineer Mr. Dan Torfin Loveless Engineering 3330 Grace Street Boise, Idaho 83703 HUB OF TREASURE "LLEY 10 A Good Place to Live CITY OF MERIDIAN 728 Meridian Street MERIDIAN, IDAHO 83642 Phone 888-4433 GRANT P. KINGSFORD Mayor September 3, 1985 COUNCILMEN BILL BREWER RONALD R TOLSMA J. E BERT MYERS ROBERT GIESLER BOBSPENCER Chairman Zoning & Planning Re: The Lake @ Cherry Lane No. 2 Dear Dan: "Development Plans" I have reviewed the plans for the subject project that were received by this office on August 27 and have made comments on a set of the blueline prints that are attached to this letter. The Wastewater and Water Superintendents have also reviewed the plans and their comments are also shown theron. If you have any questions or comments please call. Sin erely, GaryV. Smith, P.E. City Engineer C.C. City Clerk Bruce Stuart Earl Ward S y e AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 888-4481 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION BY RENT BARNEY BY THE LAKE AT CHERRY LANE NO. 2 FOR A VARIANCE The above entitled variance request having come on for consideration on September 3, 1985, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 728 Meridian Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the secheduled hearing for September 3, 1985, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 3rd hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-9-612, 11-2-416 E and 11-2-419 D of the Revised and Compiled Ordinances of the -City of Meridian; that this requirement has been met. AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho &W2 Telephone 888-4481 3. That the Ordinances of the City of Meridian require that a preliminary plat be submitted and approved by both the Planning and Zoning Commission and the City Council prior to the final plat being submitted for approval unless the plat meets the requirements of 11-9-604 C. 3. 4. That Meridian Manor Subdivisions 4 and 5 do not meet the requirements of 11-9-604 C. 3. a-& b; that without a variance to 11-9-604 C. 3. a & b, the Applicant could not submit both the preliminary and final plats at the same time. 5. That the Variance request is being processed under Section 11-9-612; that in regard to the above section the City Council finds that the variance re,equested does not involve a health or safety requirement but only a processing requirement; that the variance would not violate°provisions of the Idaho Code; that the granting of the variance would not have the effect of nullifying the interest and purpose of this Ordinance or the Comprehensive Plan. 6. That the requirements of 11-9-612 A 2 a & b have not been addressed. 7. That the testimony at the public hearing was not unfavorable to the granting of the variance. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property AMBROSE, FITZGERALD 6 CROOKSTON Atlomeys and Couneelore P.O. Box 427 Meridian, Idaho 83842 Telephone BBS 4461 t: 0 within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 2-9-612 of the Zoning Ordinance. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That there are special circumstances and conditions affecting the property such that the strict application of the provisions of the Zoning Ordinance would be impracticable and unreasonable. 6. That even though the Applicant has not met the requirements of 11-9-612 A 2 a & b, it is concluded that such is not detrimental to the Application; that the Council has authority to waive a requirement of the Ordinance. 7. That the granting of the variance will not be detrimental to the public's welfare or injurious to other property in the area where the Applicant's property is located. that this is evidenced by the fact the variance is only from a processing requirement and does not pertain to a health or safety regulation. 8. That the variance will not have the effect of altering the interest and purpose of the Zoning Ordinance and of the Meridian Comprehensive Plan. 9. That this variance shall be personal to the Applicant and shall not be transfered to another parcel of property or to another individual. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Councilman Geisler Voted Councilman Myers Voted Y' -C4 - Councilman Tolsma Voted C Councilman Brewer Voted e Mayor Kingsford (tie breaker) Voted APPROVED: � li1I t.a, DISAPPROVED: AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone 88&4481 NIEP.1 DIAN PLA.SrvlNC �,U�"•�UST 12 , 1985 f'.A GSE i+ 3 G Morrow, the minimum: square foo ge here is 1000 square feet with two car garage, with only 10 € at this square footage and the balance graduated' in increment as to how . many they can build at each size. This would indicte the minimum somewhere around $55,000 to $60,000 at the current building costs. In terms of wood foundations that is an -item that is addressed by the building code and that is strictly up to each individual builder, there is really not anything this body can do about that. Smith, when this came up before our building inspector raised quite a bit of concern over this and it was pointed out by the promoter of wood foundations that these were approved by the UBC. The City of Meridian bas - know whether the Council would look at making— adopted the UBC and I don't an exclusion from the UBC Code. -- Crookston, there has in the past been exclusions. Smith, as the lady testified if there is deterioration already it might be in the best interest of the City to look into something like this. Shearer, there should be some provisions in the Code in regard to water table, wood foundations are setup on the basis of drainage and if they are not done properly they will fail. There was more discussion on the problem of wood foundations and the high water table in the area. There was no other testimony, Chairman Spencer closed the Public Nearing. TtIe Motion was made by Morrow and seconded by Cole that the Meridian Plan- ning and Zoning_ hereby- recommends that the Preliminary and Final Plat oS ^,er. than Manc,r *4 & *= be approved by the Meridian City Council cont:Lno&nt upon the Counciy crantinc the necessary variances and the City should sevieV. its position; 07. wooa foundations relative to high water tables and the gui]cinc Ir.spectoz should make a survey and in fact if there - was GFCerlGratlon tt,erE should be some specific provisions made in the _ Code or de]EtE ti:ooc foundations from the Code. Motior. Carried: �=] lea: 5re] ir* 2 Lary 6 Fiscal Plat The Lake at Cherry Lane *2: � C�.airman Spence, opendec the Public Hearing and asked if a representive of The Lake at Ctai--rry Lane was present. Mr. Fieth Jacobs of Loveless Engineering was present to represent this request. Jacobs, what we are asying for tonite, we have had to redesign the pre - el plat or. this parcel which is Forth of the existing Cherry Lane village, we are asking approval for the preliminary plat on the entire parcel with a final plat on a portion, 21 lots. This is primarly because we need access into this area, we only have the Trunberry as our access. 'We are landlocked to this area. We do not control the land to access off Ten Mile or Black Cat. Therronnts �l,othatthis isphase theare endnofsSeacIsland CT. same as on The Lake at Cherry Lane MERIDIAN PLANNING i 2 ING AUbUST 12, 1985 PAGE # 4 • We are complying with the City of Meridian Ordinance on the size of lots -- and the size of the particular building to be build on these lots. Morrow, have you complied with the City Engineers requirements and requestE7 Jacobs, Yes, we have not submitted the water & sewer plans or the plans to the Highway District but we do plan on submitting those and he has worked closely with us on this plat. City Engineer, Gary Smith, have you got anything back from Ben Frank on_,__ that access? " Barney, not in writing, JUB has the legal description drawn up and it is _- being sent to Portland for signatures and then conveyed to Ada county.- � Smith,e will need a copy of the deed on that, so we know it has been tak c&re -..06 . Smith pointed out on the plat where the piece of property was located that they were discussing. What I am proposing on this turnaround in order to maintain a turnaround that this area become part of the plat. Then it can be replatted as they extend on it is on Mr. Barney's property at this time, however if there was change of ownership than the turnaround is no longer under Mr. Barneys' control. I felt this should be included. There was discussion on this subject between the parties. Jacobs, if we put a note on the plat on the turnaround that should cloud the sale if property was sold. Smith, have you received any comment back from the Highway District yet? Jacobs,Yes, it was sent out today late. Smith, maybe they should go through the process of submitting a easement to the Highway District for that turnaround area., rather than platting it. All the Highway District is asking for is a 37 f t.temporary turnaround at the end of Lakeview Drive. Crookston, the best way to handle this matter would be to have the County accept an easement for public use and include a note on the plat. If the Ada County Highway accepts the easement for maintenance then they are the ones who are accepting the liability but the title remains to Mr.Barney._ Smith, could the note on the plat say that the easement would be vacated at the time of the extension of Lakeview Drive and when the Highway Dist- rict signs the plat they are acknowledging to that effect? Crookston, Yes. Smith, the only other comment I have is that Lot 8, Block 3 seems to be substandard, I can only figure 7850 square feet, the Ordinance requires 8000 square feet. I have some concerns about the access into this subdiv- ision, Turnberry Way being more or less the main access into this area runs into that culdesac and you have to make a sharp left hand turn for access into this subdivision. There is another road proposed to go to the East off of Turnberry , we actually have a three way intersection there we have several roads coming in,in a relatively short distance from each other. I don't know whether this would create a problem for sure. Ll MERIDIAN PLANNING & AUPUST 12, 1985 PAGE # 5 ZONING 0 • When I talked to Mr. Loveless about it he had some concerns about the radius on the streets in order to access into there off of Turnberry and - it would cause the loss of at least one lot. Obviously Mr. Barney is complementing the existing Golf Course in this subdivision and I realize that is a loss of marketable land. Evidently the Highway District has no concerns over this turn. Did this come up at all Mr. Jacobs? Jacobs, Yes, they prefer moving this to the North where there would be four way intersection. Smith, this would make a better intersection, if you can get down past Barneys property. Cole, what improvements do you plan on the lots that are designated for _- future expansion of the Golf Course? Jacobs, at this time we would not propose to put in any improvements other than maybe some crossings there to facilitate any irrigation considerations to maintain the Golf Course, leveling those two lots and maintaining the weeds so they are acceptable to the City. We don't see that it would be economically or desireable at this time to place any improvements persay that would be in the Golf Course or blend with the Golf Course, not until we make another phase then we can build that first hole. Mr. Barney will maintain until we get to the point we can build that hole. Smith, I don't know when the plat is filed if the City automatically owns those lots or if they have to be deeded to the City. Crookston, they would need to be deeded to the City. There were no other comments or questions of the Commission. Mr. Larry Roch, 1816 Incline way, I am not only representing myself here, I am representing the Board of Directors of the Cherry Lane Village Home- owners Association. I am here to express some concerns we had in regards --- to this development, traffic is indeed a problem, if you take a look at Interlachen it not only serves the residents but also serves the people coming into play golf. I have had expressed to me by several of the residents a number of concerns and we are concerned about that traffic flow. There needs to be an exit to Ten Mile or Ustick whichever is more feasable. The other point I wish to bring up is the character of the _- development in that in effect it becomes part of Cherry Lane Village. Cherry Lane Village was put together with some pretty specific effective covenants, conditions and restrictions. These have grown to mean a lot to those people who live in that development. We are in the process now of working with the developer Ben Fran and going through and checking to see on enforcment of these restrictions. We feel they are obviously capt- alizing on the quality of a neighborhood represented by the entrance, we feel that they should adhere to the convenants of that area. We would ask that they be required to incorporate chapter and verse the covenants and including minimum square footage on houses. We are in favor of the development with certain provisions, one the traffic, two adhere to CC& R's. There were no questions of the Commission of this witness. MEE�RIDIAN PLANNING & ZO ING AU{�UST 12, 1985 ' PAGE # 6 Rod Brady, 469 SW 7th, I am in the process of building a new home on the lot at 3840 Sea Island Court and I am quite concerned about the fairway on the first hole, my concern is that we are going to get people coming straight across here and we will be in the line of the golf balls in my back yard. There was discussion on this subject by members of the Commission, the City Engineer and Mr. Brady. Dave Davenport, 2145 Woodmont, as a resident of the Cherry Lane Subdivis- ion I am extremely concerned about the traffic flow that will be incurred - from this development and feel that there must be another access either on Ten Mile or on Ustick into the subdivision. In addition to that the access for fire equipment is extreme concern in that area as they would - have to come all the way through the subdivision to reach the back corner. -- I would like to also see that the convenants of the new subdivision match that of the current Cherry Lane development. , Moe Alidjani, 2023 Turnberry , DBA Sanitary Service, my question is in serving that area, I am not familiar with that turnaround. It was explained that the turnaround would be a regular culdesac until such time as street was extended. John Elliott, 3940 Sugar Creek Drive, I think that something should be done with the trucks that are going to be coming in during construction. I think this is another important reason to have another access. There was no other testimony, Chairman Spencer closed the Public Hearing. Morrow, it seem to me that there may be to many ifs here and would person- ally be in favor of tableing to try to resolve some of the issues that have been brought up here tonite, in terms of the culdesac and turnaround, I think the discussion by the Public in terms of compatible covenants is a - valid point. The other potential llbThese arethe reservations I ownership of the wsethat resolvedasohave. would like to s Spencer, if it is tabled it should be to next regular meeting, we could make a recommendation that included having these problems resolved. Thexe was discussion by the Commission. The Motion was made by Morrow and seconded by Johnson that the Planning and Zoning Commission hereby recommends approval of the Prelimary and Final Plat of The Lake at Cherry Lane #2 with the stipulation that the Council grants the necessary Variances and subject to the City Council approving the covenants and restrictions making sure they are compatible with the existing subdivision, that the ownership for access be taken care of and that the culdesac turnaround be handled in a manner that is acceptable to the City Engineer, that all other recommendations by City Engineer be complied with as well as other recommendation made. Motion Carried: Morrow, Yea; Johnson, Yea: Shearer, Yea: Cole, Nay: • 7Zu " @ lie aro. z �4 ar f 4UMX-�l : ` x4t �' Zi W90.1 > f 85'. 4,,t� c Zy Acwt let At ft w - a - I CZ4,•Ad 944.4. at .fie eM d dc1� /,��-oWK ccs arr 41 strati�- ,Q i' 1 -f -a ,o7.�. j er A t4 MVAI a44 "/ kt � t . MERIDIAN CITY COUNCIL SEPTEMBER 2, 1986 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: Kevin Robertson, Gary Smith, Kenny Bowers, Wayne Crookston, Bob Mitich, Miriam Barr, Bob Wherry, Keith Jacobs, Mary Gibbons: The Motion was made by Tolsma and seconded by Myers to approve the minutes of the previous meeting held August 18, 1986 as written: Motion Carried: All Yea: Item #1: Amended Covenants on The Lake at Cherry Lane #2= Mr. Keith Jacobs from Loveless Engineering was present to answer any questions from the -Council. Mayor Kingsford explained that this covered the conditions that were set forth when the Variance from the Street Lighting Ordinance was granted. The Motion was made by Tolsma and seconded by Giesler to approve the amended covenants on the Lake at Cherry Lane Subdivision #2: Motion Carried: All Yea: Item #2: Public Hearing, 1986/87 Fiscal Year Budget: Mayor Kingsford, the estimated revenues and expenditures for the Fiscal Year 1986/87 are $3,441,861.00 this includes the amount budgeted for the new City Hall project as well as a Secondary Clarifier for the Sewer Plant. I will now open the Public Hearing, is there anyone present who wishes to testify on the proposed budget? There was no response, the Public Hearing was closed. Any comments or questions from the Council? There were none. Item #3: Ordinance #467, Annual Appropriation Ordinance: Mayor Kingsford, An Ordinance making an appropriation of money for all the necessary expenses -liabilities of the City of Meridian, Ada County, Idaho for the fiscal year commencing the first day of.October, 1986, and ending the thirtieth day of September, 1987, this Ordinance being known as the Annual Appropriation Bill, and declaring an emergency, is there anyone in the audience who wishes Ordinance #467 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 Ordinances be read on three different days be dispensed with and that Ordinance Number 467 as read be passed and approved: Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: AMBROSE FITZOERA! &CROOKSTON Attorneys and Counselore P.O. Box 427 Meridien, Idaho 83842 Telephone 8&84461 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, That pursuant to the Ordinances o the City of Meridian and the laws of the State of Idaho, that public hearing will be held before the City Council of the City o Meridian, Idaho, at the City Hall of the City of Meridian, 728 Meridian Street,; Meridian, Idaho, at the hour of 7:30 o'cloc p.m., on the 3rd day of September, 1985, for the purpose o reviewing and considering the Application of Kent Barney for th Preliminary and Final Plat of the following: The Lake at Cherry Lane No. 2, being along the north side of the lake at Cherry Lane Village, located in th NW 1/4',of the SE 1/4 and the SW 1/4 of the NE 1/4 of Section 3, T. 3N., R. 1W.,B.M., Ada County, Idaho. A more particular description of the above named property i on file in the City Clerk's office and is available for inspectio during regular business hours. NOTICE IS HEREBY FURTHER GIVEN that a public hearing will b held pursuant to 11-2-411 of the Revised and Compiled Ordinance of the City of Meridian at the same place and time on said date t designate on the above subdivision plats the minimum house size that may be ccynstructed on each lot in said above describe subdivision. NOTICE IS HERFt!3Y FURTHER GIVEN that a public hearing will be held at the same pJage, time and date as above set forth before AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83842 Telephone 8884481 the City Council for the purpose of considering and taking actio on the Application of Rent Barney for a variance from Sectio 11-9-604 (C) (3)lof the Revised and Compiled Ordinances of th City of Meridian which requires that a Preliminary and Final Pla be submitted at separate times. Any and all interested persons shall be heard at said publi hearing. DATED this l�-� �"� day of August, 1985. Jac an , City Clerk tMERI)DIAN CITY COUNCIL IO0 SEPTEMBER 3, 1985 PAGE # 7: Smith, residential structure would have to conform with the 5 foot setback as required by City'Ordinance. This would be on the side yard and 15 ft. on the back yard, this is the vertical wall. North, will NW 8th Street be as wide as it is at the intersection with Storey? Smith, will be the same width. Mr. Smith showed Mrs. North the street alignment on the plat. North, what about wood foundations? Mayor Kingsford, there will not be any wood foundations. Janet Kimball, 602 Willowbrook Drive. Mrs. Kimball was sworn by Attorney Crookston. Kimball, will these be single family dwellings? Mayor Kingsford, this area is now zoned R-4 and only single family resid- ents are allowed under the Zoning Ordinances. Being no other testimony Mayor Kingsford closed the Public Hearing: Mayor Kingsford, we have the Finding of Fact on the Variances requested by Bedelco which are the 25 foot setback and filing the preliminary and final plat together. What is the Council's pleasure? You have to approve the Findings, then the Variances and then the preliminary & final plat. The Motion was made by Brewer and seconded by Tolsma that the Meridian City Council hereby adopts and approves the Findings of Fact & Conclusions as prepared by the City Attorney on the Variances requested. Motion Carried: Brewer, Yea; Tolsma, Yea: Myers, Yea: Giesler, Yea: The Motion was made by Tolsma and seconded by Giesler that the Variances requested by Beledco on Meridian Manor #4 & #5 be approved: Motion Carried: All Yea: Giesler, when do we get to see the square footage of the house on thealots? Mr. Giesler was advised they were designated on the Final Plats and were in conformance with the Ordinance. The Motion was made by Brewer and seconded by Giesler that the Preliminary and Final Plats of Meridian Manor #4 and #5 be approved, as well as the convenants contingent upon approval of the development plans by the City Engineer. F` Motion Carried: All Yea: Item # 6: Public Hearing: Variance, Preliminary & Final Plat The Lake at �' Cherry Lane #2: MERIDIAN CITY COUNCIL` SEPTEMBER 3, 1985 PAGE # 8 Kieth Jacobs, Lovless Engineering was present to represent this request. Jacobs, we are requesting a Variance because this is a Preliminary & Final Plat, we are changing the complexion that was orginally proposed under this development, we have worked with the Highway District and Planning & Zoning and personell that represents Meridian to realign a road that was orginally proposed. We now have a T intersection. The property owners are in the process of transferring this land to Mr. Barney to continue Turnberry Way so we can tie into it. We do not have this agreement in our hands at this time but anticipate receiving in the next couple days. We are proposing this as our first phase which would be 21 building lots plus the two lots that will be part of the golf course. Mayor Kingsford, have you had a chance to review the proposed sprinkler design that Mr. Lovan has had drawn? Jacobs, no I have not,I talked briefly with Mr. Smith about location of power, I believe that our best bet is to hold off on that at this time until we get into the area and put the pump in this location and put the pump closer to the area where the majority of the golf course which would be developed in this area. Jacobs pointed to the plat where he was speak- ing off. Mayor Kingsford, do you plan to increase the size of the Lake as the dev- elopment proceeds? Mr. Barney, Yes: Giesler, what about road getting back out to Ten Mile? Jacobs, the location has not changed but we do not control the property at this time, but is still a firm proposal. Tolsma, this is all the comments we get, it is getting very congested back in there. Jacobs, if I may,since my association with the Highway District, on Fair- view one lane will run 1300 to 1500 cars per hour, normally a residential lot will produce 10 trips a day, we are looking at roughly 1200 lots including the ones we are proposing we are looking at 1200 to 2000 in a twelve to thirteen hour period. Tolsma, when the last plat was approved there was a lot of comment on when the other street was going to be put out to Ten Mile Road. Jacobs, I would like to but unfortunatly we have no control over that property to force that issue. Mayor KIngsford, the particular way this property has been divided has made a real problem in terms of landlocking this applicants parcel and also creating a problem in how the rest of the golf course might be developed, if you do not have some development you do not get the rest of the course started, if you get the course started you have some traffic problems. There were no other questions of Mr. Jacobs. e ' MERIDIAN CITY COUNCIL• SEPTEMBER 3, 1985 PAGE # 9 Mayor Kingsford opened the Public Hearing, is there anyone irr the audience who wishes to testify on this application? Marc Tanner, representing the Cherry Lane Village Homeowners Assocation Mr. Tanner was sworn by Attorney Crookston: Tanner, I have come as a friend of the Cherry Lane Village Homeowners to address some of the problems those people have which is mainly access to and from this new development and I understand it is becoming a problem and these people want to speak up and aggressively indicate what these things are about the in & out of following Interlachen though Turnberry way and finally up to this development.They are just beginning to do some research and this research show there is a conglomeration of traffic not only during the peak hours but also during the normal times. the National Traffic Bureau on how many trips might possibly be made per household per day and could be up to 10 per day through this maize be- fore you even get to this development. Speaking of the golf course if the other holes are developed than there will be additionl influx of traffic. I think the people are legitimately concerned not only because of the traffic that flow regularly and the effect that has on their homes and even the value of their homes and activities that relate to their homes, in the streets and safety and those types of things. Also there is concern with emergency vehicle access. I think the Homeowner's have a legitmate concern in that respect with the continued development and the number of homes that are plotted for this area.I think it will basically overwhelm the area, I think there has been enough public sentiment raised to require some more research before the City finally confirms a Variance request here. I don't think they have fully explored the possibilities of tying into Ten Mile. We would request additional time to take a look at what effect the additional traffic will have on the other homeowners, in light of possible purchase of an easment to connect to Ten Mile which would eliminate any problems of the entire area. Mayor Kingsford, is that the only issue the homeowners have taken a special interest .'in the traffic? Tanner, that is the basic issue. David Davenport, 2145 Woodmont. Mr. Davenport was sworn by Attorney Crookston: Davenport, as a representative afid member of the Homeowners Association we wish to affirm the comments given by Mr. Tanner in expressing our concern with the amount of traffic coming through our current subdiv- ision from the new area. We definately feel there must be some provision for another access into the subdivision. We request the City delay the approval of this development until solution of this issue. Giesler, how far is it to Ten Mile? Davenport, I would say less than h mile. That property is owned by Ben - Fran and at one time was proposed to have a road through there. There were no other comments from the Public, Mayor Kingsford closed the Public Hearing. MERIDIAN CITY COUNCI10SEPTEMBER 3, 1985 PAGE # 10 . 0 Brewer, I sympathize with the people who, are already in there but can't help but feel at the same time all of those homeowners who have built out there already knew -full well that they were buying in an area and building in an area that was going to become a eighteen hole golf course and it was going to have hundreds of homes out there and I don't beleive we can hold development up just because street traffic is going to be uncomfortable for a period of time. I believe as the development progresses the streets will be there, but to ask this developer to build 1500 feet of street now would kill any project. I can't see any problem with going ahead and approving this tonite. There was discussion on using Mr. Barney's lane for emergency vehicles and during construction. Mr. Barney had no objection to this, this lane is a easement through Ben -Fran property and would only allow single lane traffic. There was more discussion by the Council on the additional access to this subdivsiion. Mr. Davenport and Mr. Tanner were involved in this discussion, as well as Mr. Barney. Mayor Kingsford, what is the Councils' decision, we have Findings on the Variance, the Variance to approve and the Preliminary & Final Plat The Motion was made by Brewer and seconded by Giesler that the City Council of the City of Meridian hereby adopts and approves the Findings of Fact and Conclusions on the Variance request by Kent Barney. Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea: The Motion was made by Brewer and seconded by Giesler to approve the Variance request for the filing of Preliminary and Final Plat together by Kent Barney. Motion Carried: All Yea: The Motion was made by Brewer and seconded by Myers to approve the Preliminary & Final Plat of The Lake at Cherry Lane as well as the covenants subject to the transfer of land by Ben -Fran and approval of the development plans by the City Engineer. Motion Carried: All Yea: Item #7: Pre -Termination Hearing Water/Sewer/Trash Delinquencies: Mayor Kingsford, you have been informed in writing , if you choose to, you have the right to a pre -termination hearing before the Mayor & Council to appear-.- in person to be judged on facts and defend the claim made by the City that your water/sewer/trash bill i s delinquent. You may retain Counsel. Is there anyone in the audience who wishes a hearing? No one Was present. 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 September 10, 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