HomeMy WebLinkAboutD.K.D.G. Properties RezoneDKDG PROPERTIES
REZONE REQUEST
SETTLERS VILLAGE
C O M M E N T S
1: ADA COUNTY HIGHWAY DISTRICT: SEE COMMENTS ATTACHED:
2. NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS:
3. CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER,
RUNOFF NOT TO CREATE MOSQUITO BREEDING PROBLEM:
4. CITY ENGINEER: SEE ATACHED COMMENTS:
5. SEWER DEPARTMENT: NO EFFECT ON THE SEWEIR DEPARTMENT
6. LETTER FROM STEVE HOSAC: ATTACHED:
7. PLANNING &ZONING MEETING HELD JULY 14e 1987 —FINDINGS OF FACT APPROVED
AND RECOMMEND THE CITY COUNCIL APPROVE THIS APPLICATION.
(FINDINGS OF FACT ATTACHED)
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DKDG PROPERTIES
REZONE REQUEST
SETTLERS VILLAGE
C O M M E N T S
1: ADA COUNTY HIGHWAY DISTRICT: SEE COMMENTS ATTACHED:
2. NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS:
3. CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER,
RUNOFF NOT TO CREATE MOSQUITO BREEDING PROBLEM:
4. CITY ENGINEER: SEE ATACHED COMMENTS:
5. SEWER DEPARTMENT: NO EFFECT ON THE SEWEIR DEPARTMENT
6. LETTER FROM STEVE HOSAC: ATTACHED:
7. PLANNING &ZONING MEETING HELD JULY 14e 1987 —FINDINGS OF FACT APPROVED
AND RECOMMEND THE CITY COUNCIL APPROVE THIS APPLICATION.
(FINDINGS OF FACT ATTACHED)
4a"
ADA COUNQrY HIGHWA DISTRICT =x
398 EAST 37TH STREET
® BOISE, IDAHO 83794
Inter -Department
Correspondence
To: Ada County Highway District Commission
Date: 5-18-87
From: Development Services
Subject: REZONE & VACATION OF ACCESS EASEMENT JERICHO (MERIDIAN)
(D.K.D.G. Properties, 503/649-5673)
FACTS & FINDINGS:
1. Rezone Lots 4, 5, 6 and 7, Block 1; and Lots 4, 5, 6 and 7, Block 2 of
Settlers Village Subdivision from C -G to R-8.
2. Vacation of the 20 -foot wide access easement on the west end of lots 4,
5, 6 and 7, Block 1; the 20 -foot wide access easement on the east end of
Lots 4, 5, 6 and 7, Block 2; and the 15 -foot walkway easement on the
north sides of Lot 7, Block 1, and Lot 7, Block 2.
3. Jericho Road has 60 -feet of right-of-way and is fully improved with curb,
gutter, sidewalk and asphalt.
If the rezone and vacation is approved and development proceeds, the District
will have the following requirements:
STANDARD REQUIREMENTS:
1. Replace all unused curb cuts on Jericho with standard curb, gutter, and
sidewalk.
2. Replace all damaged and uneven sidewalk sections on Jericho abutting
parce 1.
3. Driveways to be located a minimum of 5 -feet from the property line.
POLICY IMPLICATIONS:
1. Requirements are made to Meridian Planning & Zoning as condition for
compliance.
SIGNATURE OF STAFF SUBMITTING:
toJon D. Thompson
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7 0
HOSAC ENGINEERING, INC.
®.
ENGINEERS PLANNERS SURVEYORS
N. MERIDIAN RD.
e 4, 1987
Mayor Grant Kingsford
City Council
City of Meridian
728 North Meridian Road
Meridian, Idaho 83642
MERIDIAN, IDAHO 83642
Settlers Village -Subdivision
Attention: Jack Niemann, City Clerk
Gentlemen:
PHONE (208) 888-5222
I recently received a Notice of Public Hearing regarding a
proposed rezoning of lots contained in the Settlers Village
Subdivision. As you might be aware, I am an owner of Lots 1, 2,
and 3 of Block 1 in this subdivision. These three lots, as a
whole, have frontage on Fairview Avenue and constitute a strong
potential site for commercial development.
I am submitting this letter to notify the City of some very
serious and grave concerns I have with regard to this proposed
rezoning. My concern is related to the potential negative
effects a rezoning to residential might have on any future
commercial development plans for the three lots I own. As an
example, if I were to request development of my three lots for a
convenience store, a service station, or any of several other
possible commercial uses, I would anticipate possible strong
protests from adjacent future residential property owners.
As a result of the above, I must voice my strong objection to
this rezoning proposal. However, in the event the City does
approve the request, I would request that the City provide a
guarantee that any commercial use allowed under the commercial
ordinances would not be disallowed in the future because of
objections from adjacent residential property owners.
Additionally, I would request that a condition be attached to any
proposed rezone which would require that potential residential
buyers be notified in writing in advance of purchase, that any
commercial use allowed under the ordinance might be allowed on my
three lots and that they waive their rights to protest such
development.
SERVING IDAHO AND THE WEST
Mayor Grant Kingsford
City Council
City of Meridian
June 4, 1987
Page Two.
When I purchased the three commercial lots, I paid a price
commensurate with then existing commercial values. As you know,
property generally has not appreciated these past several years,
and I feel it would be very unfair to allow any rezoning of
adjacent existing commercial lots that would have the effect of
reducing the value of my commercial lots and/or negating any
possible commercial use allowed under City ordinances.
Unfortunately, I will be out of town on June 9, which is the date
of the proposed hearing, and that is why I am submitting this
letter. I would request that this letter be read at the hearing
and incorporated in the official minutes.
If you have any questions, please feel free to give me a call.
ve y yours,
'vu
Steven W. Hosac, P.E.
HOSAC ENGINEERING, INC.
cc: Robert J. Lewis
SWH/ab
14:56
CENTRAL DISTRICT HEALTH DEPARTMER
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
Boise, Idaho 83706
REVIEW SHEET
Rezone # Se, f /ey 5 V I e Los ,5, �,7 &,,-V I •+ i
Conditional Use #
Preliminary/Final/Short Plat
We have no objections to this proposal.
2. — We recommend denial of this proposal.
Return to:
Boise
Eagle
Meridian
Kuna
ACZ
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 corment 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 _ Conmunity sewage system
and X Central water Individual water _ Community water well.
8. Plans for Central sewage _Com unity 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)(sw-imi ng pools or spas)(grocery store).
13.
Reviewed by IDate
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning and Zoning
Commission of the City of Meridian will hold a public hearing at
7:30 'O'clock p.m. on June 9, 1987, at the Meridian City Hall, 728
Meridian Street, Meridian, Idaho, for the purpose of considering
the Application of!! D.K.D.G. Properties for the rezone of Lots
4,5,6 and 7, Block',1, and Lots 4,5,6 and 7, Block 2, Settlers
Village Subdivision, Ada County, Idaho, from (C -G) General
Commercial to (R-8) Residential and to vacate the pedestrian
walkway easement fifteen feet in width along the northerly
boundary of Lot 71 Block 2, and Lot 7, Block 1, Settlers Village
Subdivision, Ada County, Idaho, and to vacate the acess easements
that run along the; drainage and utility easements of said Lots
4,5,6 and 7, Block 1, and Lots 4,5,6 and 7, Block 2, Settlers
Village Subdivision;, Ada County, Idaho, but leave intact and
enforce said drainage and utility easements, all of which
property abutts Jericho Street, Meridian, Idaho.
Any and all interested persons may testify.
DATED thisZ day of q,, 1987.
Jack/Niemann,
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83942
Telephone 8884461
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APPLICATION FOR ANNEXATION APPROVAL A
ZONING
Meridian Planning & Zoning Commission
re
Filing Information
I. GENERAL INFORMATION
Settlers Village Subdivision
(Proposed Name of Subdivision)
Jericho Road off of Fairview Ave.
(General Location)
Lots 4,5,6,7 Block 1 & Lots 495,697 Block 2. Settlers Village Sub
(Legal Description - attach if lengthy)
D. K. D. G. Properties (503) 649-5673
D.K.D.G. Properties (503) 649-5671
(owner(s) of Record) (Name) (Telephone No k)
17350 S.W. Shaw, Aloha, Ore
:(Address)
D.K.D.G. Pr
rties (Dave Dimeo)
(Name)
(503) 649-5673
(Telephone No.
17350 S.W• Shaw, Aloha, Oregon
(Address)
Hubble Engineering 322-8992
(Engineer, Surveyor or Planner) (Name) (Telephone No. )
8592 Fairview Avenue, Boise, Idaho 83704
(Address)
Application for Rezone & Vacation of Access -Easement
(Jurisdiction(s) Requiring Approval)
Residential R-8
(Type of Subdivision -Residential, Commericial, Industrial)
t 50 2.20 Acres of Land in Contiguous ownership.
(Accepted By:) (Fee)
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ENGIIyF��N
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HUBBLE ENGINEERING
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8590 Fairview Ave., Suite F, Boise, Idaho 83704 (208) 322-8992
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?•� SURVEyp
April 8, 1987
Mr. Jack Niemann
ENGIIyF��N
HUBBLE ENGINEERING
•
8590 Fairview Ave., Suite F, Boise, Idaho 83704 (208) 322-8992
9 y
?•� SURVEyp
April 8, 1987
Mr. Jack Niemann
City Clerk
728 Meridian
Meridian, ID 83642
Dear Mr. Niemann,
We hereby request your consideration of this application for
rezone. We would like to rezone Lots 4, 5, 6, and 7, Block 1,
and Lots 4, 5, 6, and 7, Block 2, of Settlers Village
,,.
Subdivision. The change in zoning would be from C -G to R-8.
We also request vacation of the twenty foot wide access
easement on the west end of Lots 4,5,6, and 7, Block 1, the
twenty foot wide access easement on the east end of Lots 4,5,f,
and 7, Block 2, and the fifteen foot walkway easement on the
`•
north sides of Lot 7, Block 1, and Lot Lot 7, Block 2.
I Ar 15� �raiv�a�e easew�er►'I" P�GiB•j-s aloa9 �
.
Sincerely, {rvva} P,vvd 0IAt3 415,10 41
C e :l- b& Vat +ed•
cotIZIXz -rKL 2.e acus.) eas*vn�wt aloe► kL eas arHit o�
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E. Don Hubble, P.E. for m �,ov1}qrv� SOv �►�'+';,�1j
Glen Gordon .
David Dimeo SvmtA as "ko"Zi '1'k vt "4a 'b b& mmOlIa4vd,_
Kenneth A. Coe tWv MAvtw i�S a +lD' bacw 1ro� l�vit
(D.K.D.G. Properties)
easer�ne�t. �
1nA1Ib ha '+Dre6t&W% V Qtu +U.L walk W&I
STATE O F IDAHO
ADA �astrne��'s •,�,,;}t. S%g]87
COUNTY OF
On this 8th day of April, 1987, before me, the undersigned, a
notary public in and for said state, personally appeared E. Don
Hubble and signed this request.
In witness where of, I have hereunto fiu$aw,,hand and seal.
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John Feiss, Jr.
Tracy M. Grano
N 6 D Inc.
Julia Stacey &
Linda Fuehrer
N 8 D I nc.
James D. Michaelson
Kelly J. Robert
DORIS SUBDIVISION
Steve P. Michels
Mary, Glen & Vida
Larry R. Davidson
William J. Busco
Zoe Dicandi
Keith L. Shumay
James C. Burt
Chester W. Hosac
`Lille M. Curtis
C/O Wm. K. Curtis
s
1022 Tammy
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N/2 1-4
Meridian, ID
83642
1842 Teare
3
7-8
Meridian, ID
83642
P.O. Box 851
3
48-49
Meridian, ID
83642
fi
3
50-52
Meridian, ID
83642
P. O. Box 851
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53-56
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83642
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John Feiss, Jr.
Tracy M. Grano
N 6 D Inc.
Julia Stacey &
Linda Fuehrer
N 8 D I nc.
James D. Michaelson
Kelly J. Robert
DORIS SUBDIVISION
Steve P. Michels
Mary, Glen & Vida
Larry R. Davidson
William J. Busco
Zoe Dicandi
Keith L. Shumay
James C. Burt
Chester W. Hosac
`Lille M. Curtis
C/O Wm. K. Curtis
s
1066 Tammy St. 3 57-58
Meridian, ID 83642
1026 Tammy 3 67-68
Meridian, ID 83642
1630 E. Paradise Lane 2
Meridian, ID 83642
5817 Eastwood 2
Boise, ID 83712
1853 W. Carol 2
Meridian, ID 83642
1845 W. Carol 2
Meridian, ID 83642
1370 Carol
Meridian, ID 83642
1870 W. Carol
Meridian, ID 83642
2070 N. Locust Grove
Meridian, ID 83642
2630 E. Franklin
Meridian, ID 83642
3
3
1-3
4
part 5
part 5
OP
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N/2 2
3 S/2 2
unplatted
1022 Tammy
3
N/2 1-4
Meridian, ID
83642
1842 Teare
3
7-8
Meridian, ID
83642
P.O. Box 851
3
48-49
Meridian, ID
83642
1821 Jericho
3
50-52
Meridian, ID
83642
P. O. Box 851
' . 3
53-56
Meridian, ID
83642
1066 Tammy St. 3 57-58
Meridian, ID 83642
1026 Tammy 3 67-68
Meridian, ID 83642
1630 E. Paradise Lane 2
Meridian, ID 83642
5817 Eastwood 2
Boise, ID 83712
1853 W. Carol 2
Meridian, ID 83642
1845 W. Carol 2
Meridian, ID 83642
1370 Carol
Meridian, ID 83642
1870 W. Carol
Meridian, ID 83642
2070 N. Locust Grove
Meridian, ID 83642
2630 E. Franklin
Meridian, ID 83642
3
3
1-3
4
part 5
part 5
OP
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N/2 2
3 S/2 2
unplatted
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OFFICIALS
JACK NIEMANN, City Clerk
JANICE GASS, Treasurer
BRUCE D. STUART, Water Works Supt.
WAYNE O. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
GARY SMITH, City Engineer
May 21, 1990
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
Mr. Russ Conger
R & M. Hanes
2221 Todd Way
Meridian, Idaho 83642
Dear Russ,
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone 888-4433
GRANT P. KINGSFORD
Mayor
Recently you excavated for foundations on Lot # 53, 54, 55 & 56,
Block #3 of Settlers Village Subdivision. These lots are located
at the corner of Tauany Street. After excavating for the foundat-
ions,R & M Hones did not pickup the building pernnits for the
homes that were going to be built on thses lots.
The City of Meridian has received several calls and ccsuplaints
about the condition the lots were in after the excavation was
done. At this time the City of Meridian is requesting that the
excavation be filled in and the lots be restored to the orginal
condition.
Sincerely,
Meridian, ID. 83642
pc: mayor & Council
Attorney
Bld. Department
G.K.D.G. Properties
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT OIESLER
MAX YERRINOTON
Chairman Zoning 6 Planning
JIM JOHNSON
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RECEIVED BY
CITY OF MERIDIAN
CITY ENGINEER
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FOR VALUE RECEIVED G.R.D.G. PROPERTIES, an Oregon
General partnership, does hereby convey• release, remise
and forever quit claim unto GLENN E. MICHELS and VITA
MICHELS, husband and wife, and STEVE P. MICHELS and MARY E.
MICHELS, husband and wife, as Tennants in Common, whose
address is 1630 E. paradise, Meridian, Idaho 83642 the
following described premises, located in Ada County, Idaho,
to -wit:
Commencing at the Southeast corner of Section 6,
Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho, and thence running North 89028.06" West
a distance of 1153.31 feet (formerly described as
North 89037' West 1153.68 feet and as North 89059'
West 1152.80 feet) along the Southerly boundary of
said Section 6 to a point which bears South 89028106"
East a distance of 1,487.71 feet from the Southwest
corner of the Southeast quarter of said Section 6,
said point also being on the extended Westerly
boundary of Doris Subdivision, as shown on the
official plat thereof on file in the office of the Ada
County Recorder in Book 16 of Plats at Page 1080;
thence North 0023118" East (formerly described as
North) a distance of 19.87 feet along said extended
Westerly boundary of the Doris Subdivision to a point
on the centerline of Fairview Avenue (U.S. Highway No..
30); thence continuing North 0023118" East (formerly
described as North) a distance of 50.00 feet along
said extended Westerly boundary of the Doris
Subdivision to a point on the Northerly right-of-way
of said Fairview Avenue.(U.S. Highway No. 30), said
point being the Southwest corner of Doris Subdivision
and the REAL POINT OF BEGINNING; thence continuing
North 0023118" East a distance of 422.00 feet along
the Westerly boundary of the Doris Subdivision to a
point; thence East a distance of 7.02 feet to a point,
thence South 0026155" West a distance of 422.00 feet
to a point on the Southerly boundary of Doris
Subdivision; thence West a distance of 6.58 feet
(formerly described as 6.64 feet) along the said
Southerly boundary of Doris Subdivision to the point
of beginning, comprising .066 acre, more or less.
together with their appurtenances.
QUIT CLAIM DEED -1
THE General Partner who signs this deed hereby
certifies that this deed and the transfer represented
thereby was duly authorized by the partnership and that he
executes said deed on behalf of the partnership.
This Quitclaim Deed corrects that certain Quitclaim
Deed executed on the 7th day of April, 1981, and recorded
in Ada County under Recordation No. 8115892 on the 16th day
of April, 1981.
IN WITNESS WHEREOF, the grantor has caused its
partnership name to be hereunto affixed by its duly
authorized partner this 14 tH day of
1987.
G.K.D.G. PROPERTIES,
4
an Ore n General artnership
By IC
0-kF C'( --t.. A General Partner
STATE OF +DAiiG )
County of -Ada )
On this %A ,.t{,_ day of (-J. I., k , J -'V 198 -1 ,
before me, thee undersigned,, a NotarV Pub c in and for said
State, personally appeared kJlc , I �,, , (-� c, -J t,.�'-• 8
known or identified to me to be a General Partner of
G.K.D.G. PROPERTIES, the partnership that executed the
instrument, and acknowledged to me that such partnership
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written.
"t.ti
Ada CDUMty, Adpho, -4
Request of_.
r-
TIME //.�' M
4"
J014N BASTIDA
REqPRDE
1
tM.
Deputy
�Y
i
THE General Partner who signs this deed hereby
certifies that this deed and the transfer represented
thereby was duly authorized by the partnership and that he
executes said deed on behalf of the partnership.
This Quitclaim Deed corrects that certain Quitclaim
Deed executed on the 7th day of April, 1981, and recorded
in Ada County under Recordation No. 8115892 on the 16th day
of April, 1981.
IN WITNESS WHEREOF, the grantor has caused its
partnership name to be hereunto affixed by its duly
authorized partner this 14 tH day of
1987.
G.K.D.G. PROPERTIES,
4
an Ore n General artnership
By IC
0-kF C'( --t.. A General Partner
STATE OF +DAiiG )
County of -Ada )
On this %A ,.t{,_ day of (-J. I., k , J -'V 198 -1 ,
before me, thee undersigned,, a NotarV Pub c in and for said
State, personally appeared kJlc , I �,, , (-� c, -J t,.�'-• 8
known or identified to me to be a General Partner of
G.K.D.G. PROPERTIES, the partnership that executed the
instrument, and acknowledged to me that such partnership
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written.
"t.ti
Ada CDUMty, Adpho, -4
Request of_.
TIME //.�' M
DATE•
J014N BASTIDA
REqPRDE
By
Deputy
QUIT CLAIM DEED —2
Residing at
for
CZ •T
RESTRICTIONS, CONDITIONS AND COVENANTS
SETTLERS VILLAGE SUBDIVISION
ADA COUNTY, IDAHO
This Declaration is made by GKDG, INC., an Oregon
corporation, as the "Declarant" on this day of ,
1987;
WITNESSETH:
WHEREAS, the following documents were recorded as
Instrument Number in the office of the Recorder of
Ada County, Idaho: Declaration of Restrictions, Conditions
and Covenants Settlers Village Subdivision, Business
District, Ada County, Idaho; Articles of Incorporation of
Settlers Village Business Association; and Bylaws of Settlers
Village Business Association, which documents were executed
on the 7th day of April, 1981, by the then owners of that
certain real property encumbered by said instruments; and
WHEREAS, another set of Restrictions, Conditions and
Covenants encumbering Settlers Village Subdivision were
recorded as Instrument Number 7863739 and 8117356 in the
office of the Recorder of Ada County, Idaho; and
WHEREAS, Declarant herein is the owner of the a portion
of Settlers Village, an Ada County subdivision, located in
the City of Meridian, Idaho, which portion of real property
is more particularly described as follows:
Lots 4 through 7, Block 1, and Lots 3 through 7,
Block 2, of Settlers Village Subdivision in Book 51
of plats at pages 4206 through 4209, records of Ada
County, Idaho, located in the S1/2,
6, T.3 N., R.1 E., Boise Meridian;
RESTRICTIONS, CONDITIONS
AND COVENANTS - 1
RECEIVE® BY
CITY 0 h"AlERI®IAIN'
CITY ENGINEER
. o
Section 2. "Properties" shall mean and refer to that
certain real property hereinbefore described, and such
additions to said real property therto as may be added and
therefore come under the terms of this Declaration.
Section 3. "Lot" shall mean and refer to any plot of
land shown upon the recorded subdivision map of the
properties hereinbefore described in this Declaration.
Section 4. "Building lot" shall mean any lot or
combination of two or more of such lots, as defined in the
previous definition, which are purchased as a unit, and upon
which is built a single building.
ARTICLE II
AREA OF APPLICATION
Section 1. Fully -Protected Residential Area. The
restrictions and covenants set forth hereinafter shall apply
and are intended to apply only to a portion of Settlers
Village which is currently designated as business district by
ordinance of the City of Meridian. This portion of the
subdivision consists of the following lots, and none others,
as set forth upon the recorded subdivision map: Block 1,
Lots 4 through 7; Block 2 and Lots 3 through 7. These
covenants shall further apply, and are intended to apply to
any building lot created by combining more than one of the
foregoing platted lots.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 3
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Section 2. "Properties" shall mean and refer to that
certain real property hereinbefore described, and such
additions to said real property therto as may be added and
therefore come under the terms of this Declaration.
Section 3. "Lot" shall mean and refer to any plot of
land shown upon the recorded subdivision map of the
properties hereinbefore described in this Declaration.
Section 4. "Building lot" shall mean any lot or
combination of two or more of such lots, as defined in the
previous definition, which are purchased as a unit, and upon
which is built a single building.
ARTICLE II
AREA OF APPLICATION
Section 1. Fully -Protected Residential Area. The
restrictions and covenants set forth hereinafter shall apply
and are intended to apply only to a portion of Settlers
Village which is currently designated as business district by
ordinance of the City of Meridian. This portion of the
subdivision consists of the following lots, and none others,
as set forth upon the recorded subdivision map: Block 1,
Lots 4 through 7; Block 2 and Lots 3 through 7. These
covenants shall further apply, and are intended to apply to
any building lot created by combining more than one of the
foregoing platted lots.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 3
0
ARTICLE III
0
RESIDENTIAL AREA COVENANTS
Section 1. Land Use,and Building Type. No lot or
building lot shall be used except for residential purpose.
No building shall be erected, altered, placed or permitted to
remain on any lot other than one attached or detached single
family dwelling not to exceed two and one-half stories in
height. Each such dwelling shall have as a minimum a private
enclosed garage. No such dwelling shall be constructed with
a flat roof nor shall carports, attached or detached, be
permitted.
Section 2. Architectural Control. No building shall be
erected, placed or altered on any lot, or building lot, until
the construction plans and specifications and a plan showing
the location of the structure have been approved by the
Residential Architectural Control Committee as to the quality
of workmanship and materials, harmony of exterior design with
existing structure, and as to location with respect to
topography and finish grade elevation. No fence or wall
shall be erected, placed or altered on any lot nearer to any
street than the minimum building setback lines unless
similarly approved. Approval shall be as provided in Article
VI.
Section 3. Dwelling Cost, Quality, and Size. No
dwelling shall be permitted on any lot at a cost of less than
$42,000.00 sales price, based upon cost levels prevailing on
the date these covenants are recorded, it being the intention
and purpose of the covenants to assure that all
RESTRICTIONS, CONDITIONS
AND COVENANTS - 4
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which may be or may become an annoyance or nuisance to the
neighborhood.
Section 6. Temporary Structure. No structure of a
temporary character, trailer, basement, tent, shack, garage,
barn or other outbuilding shall be used on any lot at any
time as a resident either temporarily or permanently.,
Section 7. Parking. No recreation vehicles, trailers,
automobiles, boats, or other such vehicles shall be parked
permanently on -the streets. All permanent parking shall be
in garages or attached driveways.
Section B. Signs. No sign of any kind shall be
displayed to the public view on any lot except one
professional sign of not more than five (5) square feet
advertising the property for sale or rent, or signs used by a
builder to advertise the property during the construction and
sales period.
Section 9. Oil and Mining Operations. No oil drilling,
oil development operation, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any lot.
No derrick or other structure designed for use in boring for
oil or natural gas shall be -erected, maintained or permitted
upon any lot.
Section 10. Livestock and Poultry. No animals,
livestock or poultry of any kind shall be raised, bred, or
kept on any lot, except that dogs, cats, or other household
pets may be kept provided that they are not kept, bred or
maintained for any commercial purpose. The applicable City
of Meridian ordinance providing for leases or pens will be
strictly observed with reference to all household pets.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 6
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which may be or may become an annoyance or nuisance to the
neighborhood.
Section 6. Temporary Structure. No structure of a
temporary character, trailer, basement, tent, shack, garage,
barn or other outbuilding shall be used on any lot at any
time as a resident either temporarily or permanently.,
Section 7. Parking. No recreation vehicles, trailers,
automobiles, boats, or other such vehicles shall be parked
permanently on -the streets. All permanent parking shall be
in garages or attached driveways.
Section B. Signs. No sign of any kind shall be
displayed to the public view on any lot except one
professional sign of not more than five (5) square feet
advertising the property for sale or rent, or signs used by a
builder to advertise the property during the construction and
sales period.
Section 9. Oil and Mining Operations. No oil drilling,
oil development operation, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any lot.
No derrick or other structure designed for use in boring for
oil or natural gas shall be -erected, maintained or permitted
upon any lot.
Section 10. Livestock and Poultry. No animals,
livestock or poultry of any kind shall be raised, bred, or
kept on any lot, except that dogs, cats, or other household
pets may be kept provided that they are not kept, bred or
maintained for any commercial purpose. The applicable City
of Meridian ordinance providing for leases or pens will be
strictly observed with reference to all household pets.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 6
0
Section 11. Garbage
and Refuse Disposal.
No lot shall
be used or maintained as
a dumping ground
for
rubbish.
Trash, garbage, or other waste shall not be kept except in
sanitary containers. All incinerators or other equipment for
the storage or disposal of such material shall be kept in a
clean and sanitary condition.
Section 12. Sewage Disposal. No individual sewage
disposal system shall be permitted on any lot unless such
system is designed, located and constructed in accordance
with the requirements, standards and recommendations of the
City of Meridian. Approval of such system installed shall be
obtained from such authority.
Section 13. Landscaping. All lots shall be landscaped
with lawn, shrubs, planting beds, and trees in accordance
with the owner's diescretion, except that all owners shall
maintain at least one deciduous shade tree placed five (5)
feet from the sidewalk on the front lot line and three (3)
feet from the side lot line opposite the driveway. All
landscaping shall be maintained by the owner in such manner
as to cause a pleasing appearance and in such manner which
will sustain property values in the community.
Section 14. Sight Distance of Intersections. No fence,
wall, hedge, or shrub planting which obstructs sight lines at
elevations between two (2) and six (6) feet above the
roadways shall be placed or permitted to remain on any corner
lot within the triangular area formed by the street property
lines and a line connecting them at points twenty-five (25)
feet from the intersection of the street lines, or in the
RESTRICTIONS, CONDITIONS
AND COVENANTS - 7
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case of a rounded property corner, from the intersection of
the street property lines extended. No tree shall be
permitted to remain with such distance of such intersection
unless the foliage line is maintained at sufficient height to
prevent obstruction of such sight lines.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
Section I. Membership.
(a) The Residential Architectural Control Committee is
composed of the following:
NAME ADDRESS
Glen Gordon 17350 South West Shaw
Aloha, Oregon 97005
Ken Coe
Either'member may designate the other to act on his
behalf on the Architectural Control Committee provided such
designation be in writing,
(b) In the event of death or resignation of either
member of the committee, the remaining member shall have full
authority to designate a successor. Successors shall be
designated from the recorded owners of the residential lots.
Section 2. Procedure. The committee's approval or
disapproval as required in these covenants shall be in
writing. In the event the committee, or its designated
representative, fails to approve or disapprove within thirty
(30) days after plans and specifications have been submitted
to it, approval will not be required and the related
covenants shall be deemed to have been fully complied with.
El
ARTICLE V
GENERAL PROVISION
Section 1. Term. These covenants are to run with the
land and shall be binding on all parties, and all persons
claiming under them for a period of thirty (30) years from
the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by a
majority of the then owners of the lots has been recorded,
agreeing to change said covenants in whole or in part.
Section 2. Amendments. These Protective Restrictions,
Conditions and Covenants may be amended, from time to time,
providing at least three-fourths of the property owners, as
of the date of said amendment, execute such amendment duly
made and reduced to writing as provided for in Section 2
herein.
Section 3. Enforcement. Enforcement shall be by
proceedings at law or in equity against any person orpersons
violating or attempting to violate any covenant either to
restrain violation or to recover damage. Should any person
entitled to enforce these Restrictions, conditions and
Covenants do so by legal action, then the prevailing party of
such legal action shall be entitled to an award of reasonable
attorney fees.
Section 4. Severability. Invalidation of any of these
covenants by judgment or court order shall in no way affect
any of the other provisions which shall remain in full force
and effect.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 9
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ARTICLE V
ATTEST
IN WITNESS WHEREOF, GKDG Properties, INC., has caused
this Declaration and Agreement to be executed the day and the
year herewith stated.
GKDG Properties, INC.
By
KEN artner
GARY BONES, Partner
DAVID DIMEO, Partner
GLEN GORDON, Partner
ATTEST:
By
STATE OF IDAHO
County of Ada
On this day of , 1987, before me a notary
public in and for said state, personally appeared Ken Coe,
Gary Bones, David Dimeo, and Glen Gordon, known or identified
to me to be the partners of the corporation that executed the
above instrument or the persons who executed the instrument
on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
WITNESS MY SEAL
Notary Public for Idaho
Residing at Boise, Idaho
RESTRICTIONS, CONDITIONS
AND COVENANTS - 10
4
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HUB OF TREASURE VALLEY
Mr. Don Hubble, P.E.
Hubble Engineering
8592 Fairview Ave.
Boise, Idaho 83704
Dear Don:
September 21, 1988
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
WALTMORROW
Chairman Zoning 6 Planning
Re: DIM Rezone/Easement
Vacation Request
Our recent conversations about the referenced subject revolve
around resolution of the drainage water in the pipe crossing Steve
& Glenn Michaels property. It is my understanding that the ownership
of the 7 foot wide piece of property has been resolved.
As I related to you by telephone the City is only concerned
that water conveyed through the pipe crossing Michael's property
is in turn conveyed to a point of natural discharge. This work needs
to be done whether or not DKDG follows through on their rezone request.
The use of the existing pipe along Settler's ease boundary, presently
serving as a ground water drain line, must be made on the basis of
good engineering practice. If this existing pipe is not adequate
for introduction of this new water then a new pipe will need to be
installed from the point Michael's pipe enters Settler's property
south to Fairview Avenue. Existing easements and the existing pipe
must be dealt with for installation of a new pipe.
Concerning the property ownership issue please submit a copy
of the recorded document that settles this issue.
c.c. City Clerk
5S'ncerely,
D. Smith, P. E.
. .. .. .'v,.s,
A Good Place to Live
OFFICIALS
JACK BRUCE D. STUART,atCityClerk
JANICE GASS, Treasurer
BRUCE D. STUAT, Water Works Supt.
CITY OF MERIDIAN
AYNE G. C, JR., Attorney
E
EARL WARD, Waste Water Supt.
Waste at
33 EAST IDAHO
KENNY BOWERS, Fire Chief
ROY PORTER, Police cider
MERIDIAN IDAHO 83642
GARY SMITH, City Engineer
Phone US -4433
GRANT P. KINGSFORD
Mayor
Mr. Don Hubble, P.E.
Hubble Engineering
8592 Fairview Ave.
Boise, Idaho 83704
Dear Don:
September 21, 1988
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
WALTMORROW
Chairman Zoning 6 Planning
Re: DIM Rezone/Easement
Vacation Request
Our recent conversations about the referenced subject revolve
around resolution of the drainage water in the pipe crossing Steve
& Glenn Michaels property. It is my understanding that the ownership
of the 7 foot wide piece of property has been resolved.
As I related to you by telephone the City is only concerned
that water conveyed through the pipe crossing Michael's property
is in turn conveyed to a point of natural discharge. This work needs
to be done whether or not DKDG follows through on their rezone request.
The use of the existing pipe along Settler's ease boundary, presently
serving as a ground water drain line, must be made on the basis of
good engineering practice. If this existing pipe is not adequate
for introduction of this new water then a new pipe will need to be
installed from the point Michael's pipe enters Settler's property
south to Fairview Avenue. Existing easements and the existing pipe
must be dealt with for installation of a new pipe.
Concerning the property ownership issue please submit a copy
of the recorded document that settles this issue.
c.c. City Clerk
5S'ncerely,
D. Smith, P. E.
. .. .. .'v,.s,
i&
;, IAN (: IT: L('UNt.`1'',
AUCTIST 18, 1987
PAGE # 2
The Motion was made by Myers and seconded by Tolsma that the rules and
provisions of 50-902 and all rules and provisions requiring that Ordin-
ances be read on three different days be dispensed with and that Ordin-
ance #485 as read be passed and approved:
Motion Carried: Roll Call Vote: Giesler, Yea: Tolsma, Yea: Myers, Yea:
Item #3: Ordinance #486: Annexation & Zoning of Allison Property:
Acting Mayor Brewer: An Ordinance annexing and zoning.Lot #6 of East
Side Addition to Meridian, Ada County, Idaho: and providing an effect-
ive date.. Is there anyone in the audience who wishes Ordinance #486
' read in its entirety? There was no response.
The Motion was made by Myers and seconded by Giesler that the rules and
provisions of 50-902 and all rules and provisions requiring that Ordin-
ances be read on three different days be dispensed with and the Ordin-
ance Number 486 as read be passed and approved:
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Item #4: Ordinance #487: Rezone of DKDG_Property in Settlers Village:
Acting Mayor Brewer: An Ordinance amending and changing the zone of
certain real property in the City of Meridian, which is described as
Lots 4,5,6 & 7, Block 1, and Lots 4, 5 , 6, & 7, Block 2, Settlers
Village Subdivision, Ada County, Idaho and Vacating the pedestrian
walkway easement/twenty feet in width along the eastern fifteen feet
of Lots 4, 5, 6, & 7 Block 2and the fifteen foot wide walkway.easement
along the North end of Lot.7, Block 2, Settlers Village Subdivision
Ada County, Idaho, but leaving intact the drainage and utility ease-
ments that run concurrent to the walkway easements, and providing an
effective date. Is there anyone in the audience who wishes Ordinance
# 487 read in its entirety? There was no'response.
The Motion was made by Giesler 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 487 as read be passed and approved:
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
Item #5: Findings of Fact & Conclusions on Variance Request for House
Square Footage on DKDG Property in Settlers Village:
Acting Mayor Brewer: Councilman, is there any questions or comments on
the Findings? There wex!e none.
The Motion was made by Myers and seconded by Tolsma that the City
Council of the City of Meridian does hereby =.adopt and approve the
Findings of Fact and Conclusions as prepared on this request:
Motion Carried: Roll Call Vote: Giesler, Yea: Myers, Yea: Tolsma, Yea:
�
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4EET1uIAN CITY C.?UNCLL •
AUGUST 18, 1987
PAGE #3
U
The Motion was made by Myers and seconded by Tolsma to deny the Variance
Request for the reduction in house square footage on the DKDG Lots in
Settlers Village Subdivision:
Motion Carried: All Yea:
Item #6: Covenants on DKDG Lots in Settlers Village Subdivision:
Acting Mayor Brewer: Are there any comments or questions of the Council?
City Engineer: There is a discrepancy in the Legal on page #1 and the
lots on page #3: Page speaks to Lots 3 through 7 Block 2 and on page
3 it speaks to Lots 2 through 7 Block 2:
Mr. Hubble: This must be a typo error and should be corrected:
Tolsma: How about restriction for business ?
Hubble: I think Article III, Section 1 covers this fairly well.
The Motion was made by Myers and seconded by Tolsma to approve the
covenants for the lots in Settlers' Village Subdivision owned by DKDG
Properties with the -correction on page #3 that Block #2 is for lots
3 through 7 not 2 through 7:
Motion Carried: All Yea:
Item #7: Resolution #114: Tentative Budget:
Acting Mayor Brewer: A Resolution authorizing publication of an estimate
of the expenses for all purposes for the City of Meridian, Ada County,
Idaho, for the fiscal year beginning October 1, 1987 and ending the 30th
day of September, 1988, and giving Notice of Public Hearing prior to the
passage of the annual appropriation bill: The General Fund expenditures _
are estimated at $1,216,115,00,and.the Enterprise Fund Expenditures are
estimated at $1,926,700.00 fora total Budget of $3,142,185.00.
Is there anyone in the audience who -wishes further information on this
Tentative Budget? There was no'response.
The Motion was made by Giesler and seconded by Myers to approve Resolut-
ion #114 relating to the -Tentative Budget and publication.of same. -
Motion Carried: All Yea:
Item #8: Cable T.V. Rate Increase Request.
Acting Mayor Brewer: United Cable has submitted a request for an increase
in service fees due to their significant increase in operating expense,
in visiting with Mayor Kingsford it was his feeling that if they priced
themselves out of business that was their problem. Is there any comments
of the Council?
Myers: What happens if this is not approved?
City Attorney: I would have to research the Ordinance and see what
procedure they would have to go through.
e
AMBROSE,
FIIZGERALD
SCROOKSTON
Attorneys and
Counaelore
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
ORDINANCE NO. y 7
AN ORDINANCE AMENDING AND CHANGING THE ZONE OF CERTAIN REAL
PROPERTY IN THE CITY OF MERIDIAN, WHICH IS DESCRIBED AS LOTS
4,5,6 AND 7, BLOCK 1, AND LOTS 4,5,6, AND 7, BLOCK 21 SETTLERS
VILLAGE SUBDIVISION, ADA COUNTY, IDAHO AND VACATING THE
PEDESTRIAN WALKWAY EASEMENT TWENTY FEET IN WIDTH ALONG THE
EASTERN FIFTEEN FEET OF LOTS 4,5,6, AND 7, BLOCK 21 AND THE
FIFTEEN FOOT WIDE WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7,
BLOCK 2,.SETTLERS VILLAGE SUBDIVISION, ADA COUNTY, IDAHO, BUT
LEAVING IN TACT THE DRAINAGE AND UTILITY EASEMENTS THAT RUN
CONCURRENT TO THE WALKWAY EASEMENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest
of said City to amend and change the zoning from CG, General
Retail and Service Commercial to R -S, Residential for the
following described land:
Lots 4,5,6 and 7, Block 1 and Lots 4,5,6 and 7,
Block 2, Settlers Village Subdivision, Ada County,
Idaho.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho'have concluded that itis in -the best interest of
said City to vacate the walkway easement twenty feet in width --
along the east end'of Lots 4;5,6 and 7, Block 2, and -the fifteen
foot walkway 'easement.on the north sides of Lots 7, Block 2,
Settlers Village Subdivision, Ada County, Idaho.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of Meridian, Ada County, Idaho.
Section 1. That the aforementioned real property which is
3escribed as follows:
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
• e
Lots 4,516, and 7. Block 1, and Lots 4,5,6, and 7?
Block 2, Settlers Village Subdivision, Ada County,
Idaho.
Be and the same hereby is rezoned from CG, General Retail
and Service Commercial to R-8 Residential and that Section
11-2-425, Official Zoning Maps is hereby amended to reflect the
same.
Section 2. That the walkway easements twenty feet in width
along the east end of Lots 4,5,6, and 7, Block 2, and the fifteen
foot walkway easement on the north side of Lot 7, Block 21 is
hereby vacated but left in tact are the drainage and utility
easements which run concurrent with the walkway easements.
Section 3. That due to problems with irrigation and the
legal description with the above property and adjacent property
on the east, owned at the present time by Steven Michaels, this
ordinance shall not be published until those irrigation and legal
description problems are resolved; evidence of their resolution
shall be signed statments to that effect by Steven Michaels.
Section 4. This Ordinance shall -be in full force and effect
from and after < its :passage and. approval_.as .required by law. .
PASSED by the, :City Council and approved by the Mayor of the
City of Meridian, Ada County, Idaho, this day of ,
1987.�......
kTTEST:
ITY CLERK --JACK NIEMANN
APPROVED:
MAYOR --GRANT P. KINGSFORD
0
STATE OF IDAHO,)
:ss.
County of Ada, )
0
I, Jack Niemann, City Clerk of the City of Meridian, Ada
County, Idaho, do hereby certify that the above and foregoing is
a true, full and correct copy of an Ordinance entitled "AN
ORDINANCE AMENDING AND CHANGING THE ZONE OF CERTAIN REAL PROPERTY
IN THE CITY OF MERIDIAN, WHICH IS DESCRIBED AS LOTS 4,5,6, AND 7,
BLOCK 1, AND LOTS 4,5,6, AND 7, BLOCK 2, SETTLERS VILLAGE
SUBDIVISION, ADA COUNTY, IDAHO AND VACATING THE PEDERTRIAN
WALKWAY EASEMENT TWENTY FEET IN WIDTH ALONG THE EASTERN FIFTEEN
FEET OF LOTS 4,5,6, AND 7, BLOCK 2, AND THE FIFTEEN FOOT WIDE
WALKWAY EASEMENT ALONG THE NORTH END OF LOT 7, BLOCK 2, SETTLERS
VILLAGE SUBDIVISION, ADA -COUNTY, IDAHO BUT LEAVING IN TACT THE
DRAINAGE AND UTILITY EASEMENTS THAT RUN CONCURRENT TO THE WALKWAY
EASEMENTS; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance
No. , by�the City Council and Mayor of the City of Meridian,
on the day of , 1987, as the same appears in
my off ice.
DATED this day -of August, 1987.
City Clerk, City of Meridian
Ada County, Idaho
STATE OF IDAHO,)
:ss.
County of Ada, )
On this day of August, 1987, before me, the
undersigned, --a Notary Public in and for said State, personally
appeared Jack Niemann, known to me to be the person whose name is
subscribed to the' within and foregoing instrument,- and
acknowledged that he executed the same.
IN WITNESS
my official.seal
written.
SEAL
AMBROSE,
FITZGERALD
SCROOKSTON
Attomeys and
Counselom
P.O. Box 427
iMerldian, Idaho
83842
Telephone 8884181
WHEREOF, I -have hereunto - set --my- - hand and affixed
the day and year in this certificate first above
Notary Public for Idaho
Residing at: Meridian, Idaho
m n
` °i+RkR" DIAN CITY CGUNCIL
AUGL"eST 4, 1987
PAGE # 2
Brewer: As I .remember this is the same property that was a day school
a few years back and the parents entered that property and went to the
back and turned around and came back out, is it your intention to put
a circle drive aroung the house?
Kelso: If it is required, yes, if not required, no.
Brewer: Knowing the traffic on that street, I think a circle drive is
a must, to have ingress and egress on one entrance on East First Street
is just about impossible.
Kelso: There is room in the back to turn around and go back out, there
is half an acre there or there is room to make a complete U around the
building.
Mayor Kingsford: Any other questions of the Council? There wer none.
Is there anyone in the audience who wishes to comment on this request?
There was no response, the Public Hearing was closed.
The Motion was made by Myers and seconded by Brewer to approve the
Findings of Fact and Conclusions of Law as prepared for the Planning
& Zoning Commission.
Motion Carried: Giesler, Yea: Myers,- Yea:'Tolsma, Yea: Brewer, Yea:
The Motion was made by Myers and seconded by Giesler to have the City
Attorney prepare an Ordinance on the rezone of the property located
at 1403 East First as requested by Bonnie Kelso:
Motion Carried: All Yea:
Item #3: Public Hearing: Rezone request by DKDG and Variance on -the
=house size of the lots rezoned:
Mayor Kingsford: At this -time : -I will' open` the' Public Hearing, do we
have a representative in the audience, if so would you come -forward
and state your name and be sworn:
Don Hubble was present, Hubble was sworn by the City Attorney
Hubble: Our proposal is to- rezone a protion of Settler's Village
Subdivision presently zoned Commercial to R-8 Residential, We are
asking for Lots 4 -7 --Block 1`and'4-7;-Block`2'. We have since then
submitted Covenants for these lots which are -very --similar to the
amended covenants on the balance of the Settler's Village Subdivis-
ion. The only Variance we are asking for is in regards to the house
sizes, we would like to vary from the requirements of the Ordinance
on the percentages to allowing a minimum of 1100 square feet on
all the lots. I believe that the balance of the Settler's Village
had a minimum of 1080 square feet. They fully intend to build larger
than that but wanted to use that as a minimum.
Brewer: This is not downgrading the precedence that Settler's.Village
has already set then, as far as square footage is Concerned?
Hubble: No
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a 1x2IDIAN CITY COUNCIL O
AUGUST 41 1987
PAGE # 3
Mayor Kingsford: The Variance you are asking for is from the percentages
of different sizes, you are asking that they could possibly all be 1100
square feet?
Hubble: That is correct. Present plans are not to go that small but they
would like this if this is the market.
Mayor Kingsford:; Mr. Hubble are you familiar with that Ordinance on the
square footage, the percentages, you would have a problem with that?
Hubble: I am somewhat.familiar with the percentages, I think the main
problem is, is designating which lot would have which size house on it,
they are to be designated up front and that is the primary concern as
to which lot would be designated for the larger homes.
Brewer: My thoughts are, this being the entrance to Settlers Village,
which is a nicely developed subdivision, it would be good to keep that
same scale rather than to have a whole bunch of small homes lining the.
entrance to the subdivision.
Mayor Kingsford: Along with that the lots are bigger than those in the
rest of the subdivision.
Hubble: The plans are to have larger homes but they would like to have
this just in case something happens to the market and maybe there is
some other condition you can put on that such as design review and if
the first few homes they build are 1300 square feet the mix would just
occur naturally.
Brewer: Why cannot we just leave it, then if you get into trouble you
can come back to us.
Myers: I think that would be a better way, then we'would not have the
problem of someone building four 1100 square feet houses in there and
there are four lots left and you cannot sell for anything but --"four 'more
of the same size. --
Mayor Kingsford: I would like to see the Council giving them some flex-
iblity, if that is a concern to moving those around because those lots
are all basically the same size and there are not that many of them.
I would not have a problem with moving them around but staying with
our mix. I think if we start saying we will grant everybody 1100 square
feet then we just as well abandon that part of;our Ordinance. --
Mayor Kingsford: Anyone else from the audience who wishes to offer
testimony on this request, if so would you come forward and be sworn.
Steve Michels, Michels was sworn by the City Attorney:
Michels: I came tonite for two reasons, number 1, we have a seven foot
strip of property here which in the orginal platting of Settler's
Village was quit claim deeded to us, we recently offered our property
to the Post Office as a potential building site and in a title search
we found out the description on that seven feet was incorrect, we went
to Mr. Hubble being he was the agent for DKDG Properties and asked to
get this clarified, there is no problem as far as the description or
VE IbIAN CITY COUNCIL
AUGUST 4, 1987
PAGE # 4
getting it done, the problem is it just has not got done, the second
thing is irrigation tile that used to go into Settler's Village during
the construction phase of Settler's Village it was broken and if a
proper headgate is pulled it boils up on our property and then floods
across Settler's Village to Jericho Road. I brough this to the attention
of Norman Fuller two years ago and also sent him a letter from Settlers
Irrigation that this problem need taken care of, I also talked to Mr.
Hubble about this so he is aware of this problem. My situation is if
in fact it is rezoned and sold off who do we go to to get the problems
resolved at a later date. I have no problem with the rezone as long as
we get the strip of property quit claimed and the tile repaired. I would
like to have this put into the record and have that as part of the
criteria prior to rezone or prior to issuance of building permits.
Mayor Kingsford: Anyone else from the public who wishes to offer testimony
on this request, if so would you come forward and be sworn:
Kevin Keyt: Mr. Keyt was sworn by the City Attorney:
Keyt: I have a number of concerns, one being water, we have a -problem in
the subdivision with the pressure fluctuating and if we.increase the load
on that it going to enhance that problem,.. -the other is that Fuller has
an empty lot out there that we would like to see:him build on, ---we have
talked about that_and_talked to the City about the.potential fire hazard
the weeds are six to seven foot tall, it is a -concern how this is going
to be marketed where there is an empty lot and two empty houses that are
an eyesore. He did an illegal subdivision on this corner lot and we would
like to see it sold so 1would like to know as a resident of that neigh-
borhood what I can do to insure that.what is built there is what you
recommend against what was done prior.
Mayor -Kingsford: These lots are not in the ownership of Mr. --Fuller and
they will have to build what we require, we have spent some'time and
effort on trying to remedy the water problem[ out there and"are still
trying to resolve the problem.
The City Engineer explained to the Mayor, Council--& Public what was being
done to eliminate this problem.
Keyt: One other question, how do you enforce.covenants?
Mayor Kingsford: They have to be inforced by the residents through a
civil process, the City does not enforce -them.
Mayor KIngsford: Anyone else-_ from the Public who wishes to offer test-
imony? There was no response, the Public Hearing was closed. Council
Members you have Findings for the Rezone and will have to request
Findings for the Variance.
The Motion was made by Brewer and seconded by Giesler to approve the
Findings of Fact and Conclusions of Law as prepared for the Planning
& Zoning Commission on the DKDG Rezone Request:
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea:
The Motion was made by Tolsma and seconded by Myers to have the City
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VE IbIAN CITY COUNCIL
AUGUST 4, 1987
PAGE # 4
getting it done, the problem is it just has not got done, the second
thing is irrigation tile that used to go into Settler's Village during
the construction phase of Settler's Village it was broken and if a
proper headgate is pulled it boils up on our property and then floods
across Settler's Village to Jericho Road. I brough this to the attention
of Norman Fuller two years ago and also sent him a letter from Settlers
Irrigation that this problem need taken care of, I also talked to Mr.
Hubble about this so he is aware of this problem. My situation is if
in fact it is rezoned and sold off who do we go to to get the problems
resolved at a later date. I have no problem with the rezone as long as
we get the strip of property quit claimed and the tile repaired. I would
like to have this put into the record and have that as part of the
criteria prior to rezone or prior to issuance of building permits.
Mayor Kingsford: Anyone else from the public who wishes to offer testimony
on this request, if so would you come forward and be sworn:
Kevin Keyt: Mr. Keyt was sworn by the City Attorney:
Keyt: I have a number of concerns, one being water, we have a -problem in
the subdivision with the pressure fluctuating and if we.increase the load
on that it going to enhance that problem,.. -the other is that Fuller has
an empty lot out there that we would like to see:him build on, ---we have
talked about that_and_talked to the City about the.potential fire hazard
the weeds are six to seven foot tall, it is a -concern how this is going
to be marketed where there is an empty lot and two empty houses that are
an eyesore. He did an illegal subdivision on this corner lot and we would
like to see it sold so 1would like to know as a resident of that neigh-
borhood what I can do to insure that.what is built there is what you
recommend against what was done prior.
Mayor -Kingsford: These lots are not in the ownership of Mr. --Fuller and
they will have to build what we require, we have spent some'time and
effort on trying to remedy the water problem[ out there and"are still
trying to resolve the problem.
The City Engineer explained to the Mayor, Council--& Public what was being
done to eliminate this problem.
Keyt: One other question, how do you enforce.covenants?
Mayor Kingsford: They have to be inforced by the residents through a
civil process, the City does not enforce -them.
Mayor KIngsford: Anyone else-_ from the Public who wishes to offer test-
imony? There was no response, the Public Hearing was closed. Council
Members you have Findings for the Rezone and will have to request
Findings for the Variance.
The Motion was made by Brewer and seconded by Giesler to approve the
Findings of Fact and Conclusions of Law as prepared for the Planning
& Zoning Commission on the DKDG Rezone Request:
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea:
The Motion was made by Tolsma and seconded by Myers to have the City
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M14ATDIAN CITY COUNCIL
AUGUST 4, 1987
PAGE # 5
Attorney prepare an Ordinance rezoning the property as requested by
DKDG Properties with the stipulation that the irrigation tile and
the seven feet on the East side of the property be resolved.
Motion Carried: All Yea:
Mayor Kingsford: Mr. Hubble, do you still want to pursue the Variance
knowing that it could be disapproved and there will be costs involved
in the preparation of the Findings of Fact?
Hubble: Yes:
The Motion was made by Brewer and seconded by Giesler to have the City
Attorney prepare Findings of Fact and Conclusions of Law on the Variance
Request for house square footage as requested:
Motion Carried: All Yea:
Item #4: Covenants for DKDG on lots in Settlers's Village:
The Motion was made by Myers and seconded by -Brewer to table the covenants
until the next meeting when the Rezone Ordinance will be ready:
Motion Carried: All Yea:
Item #5: Public Hearing: Request for Annexation & Zoning by Rich Allison:
Mayor Kingsford: At this time I will open the,Public Hearing, Mr. Allison
would you come forward and be�sworn and explain your request to the
Council: - -
Rich Allison, Allison was sworn by the Cty-Attorney:
Allison: I am requesting that my property located on East Pine., which -:-
is approximately five acres be annexed and zoned. The request is for the
front 110 feet to be Limited Office and the balance be Zoned R-8: The
property is currently surrounded by County -Zoning R-1, R-8 and IL across
the street. The property directly South is currently in the City Limits,
there is sufficient water and sewer to the site for development.
Tolsma: Do you have any problems with ACHD requirements or the City
Engineers comments?
Allison: I have none:
Mayor Kingsford: Anyone else from the publicwho wishes to offer -test-
imony on this request? There was no response, the -Public Hearing was
closed.
The Motion was made by Brewer and seconded by Myers to approve the
Findings of Fact and Conclusions.of Law as prepared by the City Attorney
for the Planning & Zoning Commission on this request:
Motion Carried: Giesler, Yea: Myers, Yea: Tolsma, Yea: Brewer, Yea:
® 0
BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF D.R.D.G. PROPERTIES
ON SETTING HOUSE SIZES AND VARIANCE THEREFROM
The above entitled variance request having come on for
--onsideration on August 4, 1987, 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 public hearing on the setting of house
sizes was published for two consecutive weeks prior to the
scheduled hearing for August 4, 1987, the first publication of
which was fifteen (15) days prior to,said hearing; that by letter
dated July 29, 1987, from E. Don -Hubble the engineer and
representative of the Applicant, submitted a request, for a
variance from the house size ordinance to allow a ground floor
area of not less than 1,100 square feet for .a one story dwelling
and not less than 550 square feet for dwellings of more than one
story; that the matter was duly considered at the August 4, 1987
hearing; that copies of all notices were available to newspaper,
radio and television stations.
2. That the notice of public hearing for setting house
sizes in a previously platted subdivision is required to be sent
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BEFORE THE CITY COUNCIL
OF THE CITY OF MERIDIAN
APPLICATION OF D.R.D.G. PROPERTIES
ON SETTING HOUSE SIZES AND VARIANCE THEREFROM
The above entitled variance request having come on for
--onsideration on August 4, 1987, 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 public hearing on the setting of house
sizes was published for two consecutive weeks prior to the
scheduled hearing for August 4, 1987, the first publication of
which was fifteen (15) days prior to,said hearing; that by letter
dated July 29, 1987, from E. Don -Hubble the engineer and
representative of the Applicant, submitted a request, for a
variance from the house size ordinance to allow a ground floor
area of not less than 1,100 square feet for .a one story dwelling
and not less than 550 square feet for dwellings of more than one
story; that the matter was duly considered at the August 4, 1987
hearing; that copies of all notices were available to newspaper,
radio and television stations.
2. That the notice of public hearing for setting house
sizes in a previously platted subdivision is required to be sent
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AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 8884481
•
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to property owners within 300 feet of the external boundaries of
the land being considered and to owners of property within the
subdivision pursuant to 11-2-411 F of the Revised and Compiled
Ordinances of the City of Meridian; that this requirement has
been met.
3. ' That the Ordinances of the City of Meridian, 11-2-411,
Residential Housing Standards require that:
Ten percent of the houses in a residential
development may be between 1,000 and 1,099
square feet;
Twenty percent of the houses in a residential
development may be between 1,100 and 1,199
square feet;
Forty percent of the houses in a residential
development may be between 1,200 and 1,299
square feet;
Thirty percent of the houses in a residential
development may be large than 1,300 square feet.
4. That the Applicant has requested that he be allowed to
construct smaller houses than allowed as set forth in Paragraph
Three above.
i
5. That to grant Applicant's -request'requires -a-variance
i
from Section 11-2-411.
6. That the requested variance -applies to bots 4,5,6, and
7 of both Blocks 1 and 2 of Settlers Village Subdivision.
7. That the houses already built in that subdivision are
larger than that allowed under Section 11-2-411 and the
jAplicant's representative testified that they intend to build
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AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 8884481
•
0
to property owners within 300 feet of the external boundaries of
the land being considered and to owners of property within the
subdivision pursuant to 11-2-411 F of the Revised and Compiled
Ordinances of the City of Meridian; that this requirement has
been met.
3. ' That the Ordinances of the City of Meridian, 11-2-411,
Residential Housing Standards require that:
Ten percent of the houses in a residential
development may be between 1,000 and 1,099
square feet;
Twenty percent of the houses in a residential
development may be between 1,100 and 1,199
square feet;
Forty percent of the houses in a residential
development may be between 1,200 and 1,299
square feet;
Thirty percent of the houses in a residential
development may be large than 1,300 square feet.
4. That the Applicant has requested that he be allowed to
construct smaller houses than allowed as set forth in Paragraph
Three above.
i
5. That to grant Applicant's -request'requires -a-variance
i
from Section 11-2-411.
6. That the requested variance -applies to bots 4,5,6, and
7 of both Blocks 1 and 2 of Settlers Village Subdivision.
7. That the houses already built in that subdivision are
larger than that allowed under Section 11-2-411 and the
jAplicant's representative testified that they intend to build
AMBROSE,
FITZGERALD
& CROOKSTON
Attorneys and
Counselors
P.O. Box 127
Meridian, Idaho
83802
Telephone 8884181
�e e
houses of similarly existing houses but if the intentions change
Applicant would like to build smaller houses.
8. The Applicant submitted no other evidence relating to
the reason or justification for the requested variance.
9. No public testimony was offered regarding the house
sizes. or• the variance.
CONCLUSIONS
1.
That all
the
procedural
requirements
of the Local
Planning
Act and of
the
Ordinances
of the City of
Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City has authority to grant variances pursuant
to Section 11-2-419 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
proceeding$,. those of the Commission, governmental statutes,
ordinances, and policies, ,and: of. actual conditions existing
within the City and the State.
5. That the following provision of the Zoning Ordinance
not relating to Variances are pertinent to this -Application:
2-405 A INTERPRETATION
a. r
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counaeloie
P.O. Box 427
Meddlan, Idaho
83842
Telephone 888-4481
e
1. MINIMUM REQUIREMENTS: The provisions herein shall
be held to be the minimum requirements for the
promotion of the public health, safety, morals and
welfare.
6. That the following provisions of Section 11-2-419,
Variances, of the zoning Ordinance is noted which is pertinent to
the Application:
11-2-419 A GENERAL
The Council may authorize in specific cases a variance
from the terms of this Ordinance as will not be
contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of
this Ordinance would result in unnecessary hardship. No
non -conforming use of neighboring land, structures or
buildings in the same district and no permited or non-
conforming use of lands, structures or buildings in
other districts shall be considered grounds for
issuance of a variance. Variances shall not be granted
on the grounds of convenience or profit, but only
where strict application of the provisions of this
Ordinance would result in unnecessary hardship. A
variance application does not go to the Commission
unless directed -by the.Council.
7. That the specific requirements regarding a variance
that must. be evidenced and found by the City Council are as
follows:
11-2-419 C FINDINGS
,A variance -shall not.be granted unless (as a result
of a public hearing) the Council makes a statement
of supportive reasons based directly on the evidence
presented to it which supports conclusions that the
mentioned standards and conditions of this Ordinance
have been met by the applicant and unless all of the
following exist:
1. That there are such special circumstances or
conditions affecting the property that the strict
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AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counseloni
P.O. Box 427
Meridian, Idaho
83812
Telephon 8881487
application of the provisions of this Ordinance would
clearly be impracticable or unreasonable;
2. That strict compliance with the requirements of
this Ordinance would result in extraordinary hardship
to the owner, subdivider or developer because of
unusual topography, other physical conditions or other
conditions which are not self-inflicted, or that these
conditions will result in inhibiting the achievements
or the objectives of this Ordinance.
3. That the granting of the specified variance will not
be detrimental*to the public's welfare or injurious to
other property in the area in which the property is
situated.
4. That such variance will not have the effect of
altering the interest and purpose of this Ordinance and
the Meridian Comprehensive Plan. -
8. That is specifically concluded that the major reason
for the requested variance is for the convenience of being able
to change their intentions from larger houses to smaller houses;
that Section 11-2-419 states that, "Variances shall not be
granted onthegrounds of convenience or profit, but only where
strict application :of the - provisions of this Ordinance would
result in pnnecessary.hardship." The Applicant did not set forth
any hardship created by the -house. size limitation other than one
of economics and conveniences.
9. That Applicant submitted no evidence of special
conditions and circumstances that exist which are peculiar to the
lots which are not applicable to the other lots in the district;
for that a literal interpretation of the size requirement deprived
0
the Applicant of.rights commonly enjoyed by other properties in
the same district under the terms of the zoning ordinance; or
that the granting of the variance would not confer on the
Appliant a special privilege that is denied by the zoning
ordinances to lots in the same zone.
10.- That it is specifically concluded that the lot size
requirements are reasonable.
11. That regarding Section 11-2-419C it is specifically
concluded as follows:
a. That there are no special circumstances or
conditions affecting the property that the strict
application of the provisions of this Ordinance
would clearly be impracticable or unreasonable.
b. That strict compliance with the requirements of
this Ordinance would not result in extraordinary
hardship to the owner, subdivider or developer
because of unusual topography, other physical
conditions or other conditions which are not self-
inflicted;
c. That the granting of the specified variance would
be detrimental to the -public's welfare or injurious
to other property in the area in which the property
is situated;
d. That such variance would have the effect of altering
the interest and purpose of this Ordinance and the
.Meridian Comprehensive Plan.
AMBROM
FITLOERALD
&CROOKSTON
Attomeys and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 8864481
APPROVAL OF FINDINGS OF FACT.AND CONCLUSIONS
The City Council of the City of Meridian does hereby adopt
land approves these Findings of Fact and Conclusions.
ROLL CALL:
Councilman
Giesler
Voted
. Councilman
Myers
Voted
Councilman
Tolsma
Voted
Councilman
Brewer
Voted
Maly or Kingsford
(Tie
Breaker)
Voted
APPROVED:
AMBROSE,
FITZGERALD
&CROOKSTON
Ariomeys and
Counselors
P.O. Box 127
Merldlan, Idaho
83812
Telephone 8884181
DISAPPROVED:
I1
U
RESTRICTIONS, CONDITIONS AND COVENANTS
SETTLERS VILLAGE SUBDIVISION
ADA COUNTY, IDAHO
This Declaration is made by GKDG, INC., an Oregon
corporation, as the "Declarant" on this day of ,
1987;
WITNESSETH:
WHEREAS, the following documents were recorded as
Instrument Number in the office of the Recorder of
Ada County, Idaho: Declaration of Restrictions, Conditions
and Covenants Settlers Village Subdivision, Business
District, Ada County, Idaho; Articles of Incorporation of
Settlers Village Business Association; and Bylaws of Settlers
Village Business Association, which documents were executed
on the 7th day of April, 1981, by the then owners of that
certain real property encumbered by said instruments; and
WHEREAS, another set of Restrictions, Conditions and
Covenants encumbering Settlers Village Subdivision were
recorded as Instrument Number 7863739 and 8117356 in the
office of the Recorder of Ada County, Idaho; and
WHEREAS, Declarant herein is -the owner of a portion of
Settlers Village, an Ada County subdivision, located in the
City of Meridian, Idaho, which portion of real property is
more particularly described, as follows:
Lots 4 through 7, Block 1, and Lots 3 through 7,
Block 2, of Settlers Village Subdivision in Book 51
of plats at pages 4206 through 4209, records of Ada
County, Idaho, located in the S1/2, SE1/4, Section
6, T.3 N., Rol E., Boise Meridian;
RESTRICTIONS, CONDITIONS
AND COVENANTS - 1
14
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WHEREAS, Declarant desires, by this instrument, to set
forth restrictive covenants and conditions affecting the said
real property that will amend, supersede and in all respects
replace any and all existing restrictive covenants on the
said property as reflected by Instrument Number 8117356 and
7863739.
NOW, THEREFORE, Declarant hereby revokes Instrument
Numbers 8117356 and 7863739, as recorded in the office of the
Ada County Recorder, Idaho, in their entirety, declaring the
same to be null and void, with none of the provisions
thereunder to have any further force and effect. In their
place, Declarant hereby declares that the real property
described above shall be held, sold and conveyed subject to
the following easements, conditions and covenants, which are
for the purpose of protecting the value and desireability of,
and which shall run with, the said real property and be
binding on all parties having any right, title or interest in
the described property or any part therof, their heirs,
successors and assigns, and shall inure to the benefit of
each owner therof.
ARTICLE I
DEFINITIONS
Section 1. "Owner' shall mean and refer to the record
owner, whether one or more persons or entities, of a fee
simple lot title to any lot which is a part of the
properties, including contract sellers,•but excluding those
having such interest merely as security for the performance
of an obligation.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 2
e e
ARTICLE III
RESIDENTIAL AREA COVENANTS
Section 1. Land Use and Building Type. No lot or
building lot shall be used except for residential purpose.
No building shall be erected, altered, placed or permitted to
remain on any lot other than one attached or detached single
family dwelling not to exceed two and one-half stories in
height'. Each such dwelling shall have as a minimum a private
enclosed garage. No such dwelling shall be constructed with
a flat roof nor shall carports, attached or detached, be
permitted.
Section 2. Architectural Control. No building shall be
erected, placed or altered on .any lot, or building lot, until
the construction plans and specifications and a plan showing
the location of the structure have been approved by the
Residential Architectural Control Committee as to the quality
of workmanship and materials, harmony of exterior -design with
existing structure, and as to location with.respect to -
topography and finish grade elevation. No fence or wall
shall be erected, placed or altered -on any lot nearer to any
street than the minimum city building setback lines unless
similarly approved. Approval shall be as provided in -Article
VI.
Section 3. Dwelling Cost, Quality, and Size. No
dwelling shall be permitted on any lot at a cost of less than
$42,000.00 sales price, based upon cost levels prevailing.on
the date these covenants are recorded, it being the intention
and purpose of the covenants to assure that all
RESTRICTIONS, CONDITIONS
AND COVENANTS - 4
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Section 11. Garbage and Refuse Disposal. No lot shall
be used or maintained as a dumping ground for rubbish.
Trash, garbage, or other waste shall not be kept except in
sanitary containers. All incinerators or other equipment for
the storage or disposal of such material shall be kept in a
clean and sanitary condition.
Section 12. Sewage Disposal. No individual sewage
disposal system shall be permitted on any lot. Sewage shall
be disposed of by connection to the city sewerage system.
Section 13. Landscaping. All lots shall be landscaped
with lawn, shrubs, planting beds, and trees in accordance
with the owner's diescretion, except that all owners shall
maintain at least one deciduous shade tree placed five (5)
feet from the sidewalk on the front lot line and three (3)
feet from the side lot line opposite the driveway. All
landscaping shall be maintained by the owner in such manner
as to cause a pleasing appearance and in such manner which
will sustain property values in the community.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Membership.
(a) The Residential Architectural Control Committee is
composed of the following:
NAME
Glen Gordon
Ken Coe
RESTRICTIONS, CONDITIONS
AND COVENANTS - 7 -
ADDRESS
17350 South West Shaw
Aloha, Oregon 97005
17350 South West Shaw
Aloha, Oregon 97005
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Either mem* may designate the other 0 act on his
behalf on the Architectural Control Committee provided such
designation be in writing.
(b) In the event of death or resignation of either
member of the committee, the remaining member shall have full
authority to designate a successor. Successors shall be
designated from the recorded owners of the residential lots.
Section 2. Procedure. The committee's approval or
disapproval as required in these covenants shall be in
writing. In the event the committee, or its designated
representative, fails to approve or disapprove within thirty
(30) days after plans and specifications have been submitted
to it, approval will not be required and the related
covenants shall be deemed to have been fully complied with.
ARTICLE V
GENERAL PROVISION
Section 1. Term. These covenants are to run with the
land and shall be binding on all parties, and all persons
claiming under them for a period of thirty (30)'years from
the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive
periods of ten (10) years unless an instrument signed by a
majority of the then owners of the lots has been recorded,
agreeing to change said covenants in whole or in part.
Section 2. Amendments. These Protective Restrictions,
Conditions and Covenants may be amended, from time to time,
providing at least three-fourths of the property owners, as
of the date of said amendment, execute such amendment duly
made and reduced to writing as provided for in Section 2
herein.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 8
Section 3. Enforcement. Enforcement shall be by
proceedings at law or in equity against any person or persons
violating or attempting to violate any covenant either to
restrain violation or to recover damage. Should any person
entitled to enforce these Restrictions, conditions and
Covenants do so by legal action, then the prevailing party of
such legal action shall be entitled to an award of reasonable
attorney fees.
Section 4. Severability. Invalidation of any of these
covenants by judgment or court order shall in no way affect
any of the other provisions which shall remain in full force
and effect.
ARTICLE V
ATTEST
IN WITNESS WHEREOF, GKDG Properties, INC., has caused
this Declaration and Agreement to be executed the day and the
year herewith stated.
GKDG Properties, INC.
By
KEN COE, Partner
GARY BONES, Partner
DAVID DIMEO, Partner
GLEN GORDON, Partner
ATTEST:
By
RESTRICTIONS, CONDITIONS
AND COVENANTS - 9
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Section 3. Enforcement. Enforcement shall be by
proceedings at law or in equity against any person or persons
violating or attempting to violate any covenant either to
restrain violation or to recover damage. Should any person
entitled to enforce these Restrictions, conditions and
Covenants do so by legal action, then the prevailing party of
such legal action shall be entitled to an award of reasonable
attorney fees.
Section 4. Severability. Invalidation of any of these
covenants by judgment or court order shall in no way affect
any of the other provisions which shall remain in full force
and effect.
ARTICLE V
ATTEST
IN WITNESS WHEREOF, GKDG Properties, INC., has caused
this Declaration and Agreement to be executed the day and the
year herewith stated.
GKDG Properties, INC.
By
KEN COE, Partner
GARY BONES, Partner
DAVID DIMEO, Partner
GLEN GORDON, Partner
ATTEST:
By
RESTRICTIONS, CONDITIONS
AND COVENANTS - 9
a
•
STATE OF. IDAHO
County of Ada
11
On this day of 1967, before me a notary
public in and for said state, personally appeared Ken Coe,
Gary Bones, David Dimeo, and Glen Gordon, known or identified
to me to be the partners of the corporation that executed the
above instrument or the persons who executed the instrument
on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
WITNESS MY SEAL
Notary Public for Idaho
Residing at Boise, Idaho
RESTRICTIONS, CONDITIONS
AND COVENANTS - 10
URV
HUBBLE ENGINEERING.
•J 8590 Fairview Ave., Suite F, Boise, Idaho 83704
July 29, 1987
Mr. Jack Niemann
Meridian City Hall
728 Meridian
Meridian, Idaho 83642
RE: Settlers Village Rezone Application
Dear Jack,
(208) 322-8992
The application for rezoning Lots 4 through 7, Block
1, and Lots 3 through 7, Block 2, is currently under
consideration by the City of Meridian. The owners of this
property intend to construct residences similar to the
existing homes in the remainder of Settlers Village. The
Restrictions, Conditions and Covenants for this portion
will be very similar to the remainder of Settlers Village.
The covenants for the existing residential development
requires a ground floor area of not less than 1080 square
feet for a one-story dwelling and not less than 540 square
feet for dwellings of more than one story. Section
2-411-D, of the Zoning and Development Ordinance requires
1300 square feet of living space unless other sizes are
dispersed among the development.
We hereby request a variance in this ordinance to
allow a ground floor area of not less than 1100 square feet
for a one-story dwelling and not less than 550 square feet
for dwellings of more than one story. Present plans are to
build larger homes but we would like a variance if plans
should change in the future.
Thank you for your consideration in this request.
Since
Z4—
cg;7
E. Don Hubble, P.E., for
GKDG, Inc.
e
WHEREAS, Declarant desires, by this instrument, to set
forth restrictive covenants and conditions affecting the said
real property that will amend, supersede and in all respects
replace any and all existing restrictive covenants on the
said property as reflected by Instrument Number 8117356 and
7863739.
NOW, THEREFORE, Declarant hereby revokes Instrument
Numbers 8117356 and 7863739, as recorded in the office of the
Ada County Recorder, Idaho, in their entirety, declaring the
same to be null and void, with none of the provisions
thereunder to have any further force and effect. In their
place, Declarant hereby declares that the real property
described above shall be held, sold and conveyed subject to
the following easements, conditions and covenants, which are
for the purpose of protecting the value and desireability of,
and which shall run with, the said real property and be
binding on all parties having any right, title or interest in
the described property or any part therof, their heirs,
successors and assigns, and shall inure to the benefit of
each owner therof.
ARTICLE I
DEFINITIONS
Section 1. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of a fee
simple lot title to any lot which is a part of the
properties, including contract sellers, but excluding those
having such interest merely as security for the performance
of an obligation.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 2
tTy�:
Section 2. "Properties" shall mean and refer to that
certain real property hereinbefore described, and such
additions to said real property therto as may be added and
therefore come under the terms of this Declaration.
Section 3. "Lot" shall mean and refer to any plot of
land shown upon the recorded subdivision map of the
properties hereinbefore described in this Declaration.
Section 4. "Building lot" shall mean any lot or
combination of two or more of such lots, as defined in the
previous definition, which are purchased as a unit, and upon
which is built a single building.
ARTICLE II
AREA OF APPLICATION
Section 1. Fully -Protected Residential Area. The
restrictions and covenants set forth hereinafter shall apply
and are intended to apply only to a portion of Settlers
Village which is currently designated as business district by
ordinance of the City of Meridian. This portion of the
subdivision consists of the following lots, and none others,
as set forth upon the recorded subdivision map: Block 1,
Lots 4 through 7; Block 2 and Lots 2 through 7. These
covenants shall further apply, and are intended to apply to
any building lot created by combining more than one of the
foregoing platted lots.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 3
x
3
ARTICLE III
RESIDENTIAL AREA COVENANTS
Section 1. Land Use and Building Type. No lot or
building lot shall be used except for residential purpose.
No building shall be erected, altered, placed or permitted to
remain on any lot other than one attached or detached single
family dwelling not to exceed two and one-half stories in
height. Each such dwelling shall have as a minimum a private
enclosed garage. No such dwelling shall be constructed with
a flat roof nor shall carports, attached or detached, be
permitted.
Section 2. Architectural Control. No building shall be
erected, placed or altered on any lot, or building lot, until
the construction plans and specifications and a plan showing
the location of the structure have been approved by the
Residential Architectural Control Committee as to the quality
of workmanship and materials, harmony of exterior design with
existing structure, and as to location with respect to
topography and finish grade elevation. No fence or wall
shall be erected, placed or altered on any lot nearer to any
street than the minimum building setback lines unless
similarly approved. Approval shall be as provided in Article
VI.
Section 3. Dwelling Cost, Quality, and Size. No
dwelling shall be permitted on any lot at a cost of less than
$42,000.00 sales price, based upon cost levels prevailing on
the date these covenants are recorded, it being the intention
and purpose of the covenants to assure that all
RESTRICTIONS, CONDITIONS
AND COVENANTS - 4
� o
Section 11. Garbage and Refuse Disposal. No lot shall
be used or maintained as a dumping ground for rubbish.
Trash, garbage, or other waste shall not be kept except in
sanitary containers. All incinerators or other equipment for
the storage or disposal of such material shall be kept in a
clean and sanitary condition.
Section 12. Sewage Disposal. No individual sewage
disposal system shall be permitted on any lot unless such
system is designed, located and constructed in accordance
with the requirements, standards and recommendations of the
City of Meridian. Approval of such system installed shall be
obtained from such authority.
Section 13. Landscaping. All lots shall be landscaped
with lawn, shrubs, planting beds, and trees in accordance
with the owner's diescretion, except that all owners shall
maintain at least one deciduous shade tree placed five (5)
feet from the sidewalk on the front lot line and three (3)
feet from the side lot line opposite the driveway. All
landscaping shall be maintained by the owner in such manner
as to cause a pleasing appearance and in such manner which
will sustain property values in the community.
Section 14. Sight Distance of Intersections. No fence,
wall, hedge, or shrub planting which obstructs sight lines at
elevations between two (2) and six (6) feet above the
roadways shall be placed or permitted to remain on any corner
lot within the triangular area formed by the street property
lines and a line connecting them at points twenty-five (25)
feet from the intersection of the street lines, or in the
RESTRICTIONS, CONDITIONS
AND COVENANTS - 7
case of a round property corner, from the intersection of
the street property lines extended. No tree shall be
permitted to remain with such distance of such intersection
unless the foliage line is maintained at sufficient height to
prevent obstruction of such sight lines.
ARTICLE IV
ARCHITECTURAL CONTROL COMMITTEE
Section 1. Membership.
(a) The Residential Architectural Control Committee is
composed of the following:
NAME ADDRESS
Glen Gordon 17350 South West Shaw
Aloha, Oregon 97005
Ken Coe
Either"member may designate the other to act on his
behalf on the Architectural Control Committee provided such
designation be in writing.
(b) In the event of death or resignation of either
member of the committee, the remaining member shall have full
authority to designate a successor. Successors shall be
designated- from the recorded owners of the residential lots.
Section 2. Procedure. The committee's approval or
disapproval as required in these covenants shall be in
writing. In the event the committee, or its designated
representative, fails to approve or disapprove within thirty
(30) days after plans and specifications have been submitted
to it, approval will not be required and the related
covenants shall be deemed to have been fully complied with.
RESTRICTIONS, CONDITIONS
AND COVENANTS - 8
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ARTICLE V
ATTEST
IN WITNESS WHEREOF, GKDG Properties, INC., has caused
this Declaration and Agreement to be executed the day and the
year herewith stated.
GKDG Properties, INC.
By
KEN COE, Partner
GARY BONES, Partner
DAVID DIMEO, Partner
GLEN GORDON, Partner
ATTEST:
By
STATE OF IDAHO
County of Ada
On this day of , 1987, before me a notary
public in and for said state, personally appeared Ken Coe,
Gary Bones, David Dimeo, and Glen Gordon, known or identified
to me to be the partners of the corporation that executed the
above instrument or the persons who executed the instrument
on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
WITNESS MY SEAL
Notary Public for Idaho
Residing at Boise, Idaho
RESTRICTIONS, CONDITIONS
AND COVENANTS - 10
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AMBROSE,
FITZGERALD
S CROOKSTON
Attorneys and
Counselors
NBox 427
`n. Idaho
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of
Meridian will hold,a public hearing at 7:30 o'clock p.m. on
August 41 1987, at the Meridian City Hall, 728 Meridian Street,
Meridian, Idaho, for the purpose of considering the application
of D.K.D.G. Properties for the rezone of Lots 4,5,6, and 7, Block
1, and Lots 4,5,6, and 7, Block 2, Settlers Village Subdivision,
Ada County, Idaho, from (C -G) General Commercial to (R-8)
Residential and to Vacate the pedestrian walkway easement fifteen
feet in width alone the northerly boundary of Lot 7, Block 2,
Settlers Village Subdivision, Ada County, Idaho, and to vacate
the access easements that run along the drainage and utility
easements of said Lots 4,5,6, and 7, Block 1, and Lots 4,5,6, and
7, Block 2, Settlers Village Subdivision, Ada County, Idaho, but
leave intact and enforce said drainage and utility easements, all
of which property abutts Jericho Street, Meridian, Idaho.
NOTICE IS HEREBY FURTHER GIVEN that the City Council will
hold a public hearing pursuant to Section 11-2-411 of the Revised
and Compiled Ordinances of the City of Meridian at the above
date, time, and place for the purpose of reviewing the amended
plat to establish the minimum house sizes that may be constructed
on the above lots in Settlers Village Subdivision.
Public comment"will be taken and is welcome.
DATED thisday o , 1987.
�O
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jT;;i Niema n, City Clerk
4W�ki k,
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MERIDIAN PLANNING & ZONING
JULY 14, 1987
Regular Meeting of the Meridian Planning & Zoning Commission called to
order by Chairman Walt Morrow at 7:30 p.m.:
Members Present: Jim Johnson, Jim Shearer, Tom Cole:
Members Absent: Moe Alidjani:
Others Present: Terry & Nancy Fairchild, Betty Hagler, V.L. Holiday &
Hilda Holiday, Rich Allison, Betty Raynor, Paul & Shirley McKague,
Bill Nary,
The Motion Was made by Shearer and seconded by Cole to approve the
minutes of the previous meeting held June 9, 1987 as written:
Motion Carried: All Yea:
Item #1:Findings of Fact & Conclusions of Law on Bonnie Kelso Rezone:
Chairman Morrow: Is there any discussion or comments from the Commission?
There was no comments.
The Motion was made by Johnson and seconded by Shearer that the Meridian
Planning & Zoning Commission hereby adopts and approves the Findings of
Fact & Conclusions as prepared by the City Attorney on the Bonnie Kelso
Rezone- Request.
Roll Call Vote: Johnson, Yea: Shearer, Yea: Cole, Yea; Morrow, Yea:
The Motion was made by Johnson and seconded by Shearer that the Meridian
Planning & Zoning Commission hereby.recommends to the City Council of the
City of Meridian that they approve the application for rezone of the prop-
erty to Community Commercial as requested in the application upon the
condition that all other City Ordinances are complied with and the comments
and requirements of the City Engineer are met.
Motion Carried: All Yea:
Item #2: Findings of Fact -& Conclusions of Law on DKDG Rezone:
Chairman Morrow: Are there any questions or comments of the Commission?
There was no response.
The Motion was made by Shearer and seconded by Johnson that the Meridian
Planning & Zoning Commission hereby adopts and approves the Findings of
Fact & Conclusions as prepared by the City Attorney on the DKDG Rezone.
Roll Call Vote: Johnson, Yea: Shearer, Yea: Cole, Yea: Morrow, Yea:
I
'L'�IDIAN P & Z
; N 1.4, 1987
4'AGE #2
and drainage are maintained or granted as questioned in the City Engineer's
comments. It is further recommended that the Applicant grant a deed
restriction that only single-family dwellings may be constructed on the
involved lots.
Motion Carried: All Yea:
Item #3: Findings of Fact & Conclusion on Allison Annexation & Zoning
Request.
Chairman Morrow: Are there any comments or questions of the Commission?
There was no response.
The Motion was made by Cole and seconded, by Shearer that the Meridian
Pxiinning & Zoning Commission hereby adopts and approves the Findings
of Fact & Conclusions as prepared by the City Attorney on the Allision
Request for Annexation & Zoning.
Roll Call Vote: Cole, Yea: Shearer, Yea; Johnson, Yea: Morrow, Yea:
The Motion was made by Cole and seconded by Shearer that it is hereby
recommended to the City Council -that the property should be conditionally
annexed and zoned as requested with the conditions stated in the Findings
of Fact & Conclusions.
Motion Carried: All Yea:
Item #4: Findings of-ract & Conclusions on Butterfield, Spencer, Shearer
and Hartwell Rezone Request:
Chairman Morrow -I would ask. Mr: Shearer , to abstain. voting or commenting.
on this issue, are there any comments_or -questions of the Commission on
this issue? There were none_.
Commissioner Shearer-:- I wiII : abstain from'- any- voting or. comments- on this
item:
The Motion was made by:Johnson and seconded- by.Cole.-that,.-the Meridian
Planning and' Zoning Commiasion hereby:adogt-s.-and approves-the`=Findings
of Fact & Conclusions as prepared by. the=City Attorney on this. -request-:
Roll Call Vote: Johnson, Yea Cole, Yea: Morrow, Yea: Shearer, Abstained:
The Motion was made by Johnson and seconded by Cole that the'Meridian
Planning & Zoning Commission hereby recommends to the City Council of
the City of Meridian that they approve the application for rezone of the
property to Community Commercial as requested in the application upon
the condition that all City Ordinances are complied with and the
comments and requirements of the City Engineer are met and the require-
ments of Ada County Highway District are met with the exception of
Standard requirement #4-:
Motion Carried: All Yea:
AMBROSE,
FIIZGERALD
BCROOKSTON
Attomap and
Counselorn
P.O. Box 427
Merldhm, Idaho
B;i842
Telephone 6884481
BEFbRE THE MERIDIAN PLANNING AND ZONING COMMISSION
D.R.D.G. PROPERTIES
REQUEST FOR REZONE AND VACATION OF PEDESTRIAN AND ACCESS
EASEMENTS
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
June 9, 1987, at the hour of 7:30 o'clock p.m., the Petitioners
appearing by and through Don Hubble and the Planning and Zoning
Commission of the City of Meridian having duly considered the
evidence in the matters, makes the following findings of facts
and conclusions:
FINDINGS OF FACT
1. That the property is -=located within the- City of
Meridian and is described as Lots 4,5,6, & 7,--Blk 1, and Lots
4,5,6, & 7, Blk 2, Settlers Village Subdivision, -Meridian, Ada
County, Idaho.
2. That the property is located in the North Curve
Neighborhood as designated on the Policy Diagram on page 7 of the
Meridian Comprehensive Plan.
3. That the property is presently zoned General Retail
and Service Commercial (C -G) and is undeveloped; that the
property to the north is zoned Residential R-8, but has been
AMBROSE,
FITZGERALD
& CROOKSTON
Atlomeye and
Counselors
P.O. Box 427
Merldlan, Idaho
83842
Telephone 888.1481
developed as 9-4, Residential; that the property to the south is
zoned General Retail and Service Commercial (C -G); the property
to the west is not in the City, the property to the east, Doris
Subdivsion is not in the City and is zoned R-8 but is developed
as R-4 or less.
4. That the Applicant's proposal is to change the zones
from C -G to R-8, which allows duplexes but the Applicant
indicated in its application and testimony that single family
dwellings would be constructed thereon.
5. The Applicant also seeks to vacate the twenty foot
wide access easement on the west end of Lots 4,5,6, and 7, Block
1 and the twenty foot wide access easement on the east end of
Lots 4,5,6, and 7, Block 2, and the fifteen foot walkway easement
on the north sides of Lot 7, Block 1, and Lot 7, Block 2; the
Applicant desires the utility and. drainage easements which are
located at the same locations to remain and not ---be vacated.___ At
the hearing the -Applicant withdrew the_request_-to vacate the
fifteen foot walkway easement .on - the north side of -Lot -7; Block
1.
6. The property is divided by -Jericho Street which -is
designated as a collector street in the Comprehensive Plan at
page 32A; part of the property is near a small park which is
located in the residentially developed portion of Settler Village
Subdivision.
7. The requested R-8 zone is described in the Zoning
om
AMBROSE,
FITZGERALD
&CROOKSTON
Adomeye and
Couneelorn
P.O. Box 427
Meridian, Idaho
83842
Telephone 8884481
ordinance as follows:
R-8) MEDIUM DENSITY RESIDENTIAL DISTRICT: The purpose of
the (R-8) District is to permit the establishment of
single and two (2) family dwellings at a density not
exceeding eight (8) dwelling units per acre. This district
delineates those areas where such development has or is
likely to occur in accord with the Comprehensive Plan of
the City and is also designed to permit the conversion of
large homes into two (2) family dwellings in well-
established neighborhoods of comparable land use. Con-
nection to the Municipal Water and Sewer Systems of the
City of Meridian is required.
8. The Comprehensive Plan contains Sousing Policies on
pages 26 and 27; the pertinent policies to this Application are
stated as follows:
1. The City of Meridian intends to provide,= for a
wide diversity of housing types (single-family,
mobile homes and multi -family arrangements) and
choices between ownership and rental dwelling units
for all income groups in a variety of locations suit-
able for residential development. -
3. An open housing.market for all -persons,
regardless of race, sex, age, religion or ethnic
background, shall be encouraged.
12. Land development regulations should be:revised
to encourage -the. --infilling of existing vacant -parcels
within the -city limits.
13. Infilling of random vacant lots in substantially
developed, single --family areas should be encouraged at
densities similar to surrounding development.
9. That additionally the following notations from the
Comprehensive Plan should be noted:
1.
Encourage the overall balance of public and-
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AMBROSE,
FITZGERALD
&CROOKSTON
Altemeyeand
Counselors
P.O. Box 127
Merldlan, Idaho
83812
TelephoM BBB4H81
0
•
private proposals regarding residential development
and include a variety of densities, housing types
and housing opportunities for all segments of the
planning area population.
2. It is the policy of the City of Meridian to
encourage the overall residential density of
approximately 3.5 dwelling units per acre within
the Urban Service Planning Area.
10. That there was no public comment at the hearing but
there was a letter submitted in opposition to the Applicant.
11. That the Ada County Highway District submitted
comments and requirements and such are incorporated herein as if
set forth in full.
12. That the Nampa and Meridian Irrigation District
submitted comments and requirements and such are incorporated
herein as if set forth in full.
13. That the City Engineer submitted comments and
requirements and such are incorporated herein as if set forth in
full.
14. That the proper notice ..has been given as - required- by
law and .all procedures before the Planning and Zoning Commission
have been given and followed.
15.; That the proposed rezone- -area -is now a vacant lot and
has never had any use located upon it.
CONCLUSIONS
1. The City of Meridian has the authority to grant Zoning
amendments and rezones pursuant to Title 67, Chapter 65, Idaho
Code, and pursuant to 11-2-416 of the Revised and Compiled
a
AMBROBE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 127
Meridian, Idaho
83642
Telephone 88t 4ai
C�
Ordinances of the City of Meridian.----
2.
eridi:an.--- 2. That upon rezone, the City of Meridian has authority
to place conditions upon;: the zoning amendment.
3_ That 11-2-416(A) of the Revised and Compiled
Ordinances of the City of Meridian sets forth the standards under
which the Planning and Zoning Commission and the City Council
shall review applications for zoning amendments; that upon a
review of those requirements and a review of the facts presented
and the conditions of the area, the Planning and Zoning
Commission specifically concludes as follows: --
(a) The new zoning would be harmonious with and in
accordance with the -Comprehensive Plan and no
Comprehensive Plan_Amendment is required.
(b) The area was not previously scheduled for a
rezone.
(c), The area included in the zoning amendment is
intended to be developed in the fashion that
would be allowed under: the new zoning of R-8.
(d); There has been no change in the area which
dictates that the area should possibly be rezoned.
(e) The Applicant has represented -that the area would
be designed and constructed to be_harmonious with
the surrounding area- and -would be developed in a
single-family -dwelling'- -fashion,-� the Applicant= did
not submit drawings or specific -proposals for
development'or construction; no residents -testified
that development would not be in harmony with -their
residential uses. It must be concluded that the
.single-family development would be harmonious and
appropriate -in appearance with the existing
character of the general vicinity.
(f) The proposed use would not be hazardous.
(g) The area would be adequately served by public
facilities and services as those are already
available and in place adjacent to the property.
(h) The proposed use would not create excessive
additional requirements of public costs for public
facilities and services and would not be
detrimental to the economic welfare of the
community.
(i) The proposed use will not involve any detrimental
activity to any person's property or the general
welfare.
(j) It is not known whether the proposed use would not
cause a significant increase in vehicular traffic and
should not interfere with surrounding traffic
patterns.
(k) That this rezone would not result in the
destruction, loss or damage of any natural or
scenic feature of major importance.
(1) The proposed zoning amendment is in the best
interest -of -the City of Meridian.
4. The requirements and comments submitted by the Ada
County Highway District, except item 3, are -reasonable; the
requirements of -the Nampa and Meridian Irrigation District are
reasonable;- the comments and requirements of the City Engineer
are reasonable; the above should bf� conditions of approval.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian -Planning and Zoning Commission --hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL:
AMBROSE,
FITZGERALD
&CROOKSTON
Attomeye and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone88841481
Commissioner Alidjani Voted
Commissioner Johnson Voted
Commissioner Shearer Voted
Commissioner Cole Voted..
Chairman Morrow (Tie Breaker) Voted
DECISION AND RECOMMENDATION
The Planning and Zoning Commission of the City of Meridian
hereby recommends approval of the Application subject to the
Ordinances of the City of Meridian and the conditions and
requirements of the Ada County Highway District, except item 31
the Nampa and Meridian Irrigation District and the City Engineer.
it is further recommended that the Applicant be required to give
assurance that the easements for utilities and drainage are
maintained or granted as questioned in the City Engineer's
comments. It is further recommended that the Applicant grant a
deed restriction that only single -family dwellings may be
constructed on the involved lots.
MOTION:
APPROVED: DISAPPROVED:
AMBROSE,
FITZGERALD
& CROOKSTON
Attomeye and
Counselors
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
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PIERIDIAN P & Z 0
JUNE 9, 1987
PAGE # 2
Kelso, then this would only be if the neighbors required that, ok
I have no problem with that. I do not want to put up something
that would affend my neighbors.
Johnson, I have one question, what is the square footage of the
h ouse?
Kelso, the house is 24 x 34, it is not a very large house, probably
under 900 square feet. It has a full basement that would not be used
in the business.
Johnson, so you would have to have parking for five, how many places
would you have on the street, how much footage is there along the
street?
Kelso, there is 101 foot frontage along the street, there is lots of
parking in the back, if it is required we can do something different
the lot is 223 feet deep.
Johnson, I like your suggestion about the drive in circle.
Shearer, the only question I have is what is the zoning on the two
side of this property?
City Clerk, on the north it is CC and on the south R-15.
Morrow, being no further questions of.the Commission, we will now
open the Public Hearing. Is there anyone in the audience who wishes
to testify in this matter? There was no response, the Public Hearing
was closed.
The Motion was made by Cole and seconded by Alidjani to have the
City Attorney prepare Findings of Fact and Conclusions of Law on
the Bonnie Kelso rezone request.
Motion Carried: All Yea:
The Motion was made by Shearer and seconded by Cole that the Findings
show a recommendation that the Meridian City Council approve the
rezone request by Bonnie Kelso for the property located at 1403 East
First Street.
Motion Carried: All Yea:
{Item #2: Rezone Request by DGDG Properties:
Morrow, is there a representative of DKDG Properties in the audience?
Mr. Don Hubble of Hubble Engineering, Hubble was sworn by the City
Attorney.
Hubble, if you recall this was brought before the Commission several
months ago to be rezoned R-15 and there was a lot of.opposition at
that time and it was the Commission's recommendation that it be denied,
now we are submitting again to go to an R-8 Zoning, single family
dwelling zone and in addition we asked for the vacation of some
60
M
MERIDIAN P & Z S
JUNE 9, 1987
PAGE # 3
easements, access easements along the rear and the side of the property.
We would like to amend that whole application slightly, one to include
some additional land that got overlooked in the application, these
people own all of lots 3,4 , 516, & 7 in Block 2, and we would like to
amend the application to read to rezone the northly portion of Lot 2,
and all of Lots 3, 4 ,5 ,6 ,7 of Block 2 and we would also like to
amend that to not request the vacation of the easement in Block 1, it
is currently used by the local residents and owners do not have any
problems leaving that, we would still like to request vacating the
easement in Block 2.
Morrow, do you have a map of this, so the Commission.can follow what
you are requesting? These ones we have are rather small.
Hubble, produced a large drawing for the Commission to view, and ex-
plained to the Commission what they were planning on doing. We want
to vacate the easement upon easement mainly the word access so the
residents will not feel they have access across the back of the lots
this would not vacate the utility easements.
Johnson, what is this along Lot 7, Block 1, on the North side, you
had asked for this but now don't want it vacated?
Hubble, we have been in contact with some of the homeowners &djacent
to this property and they have requested that this easement *.day in
place and the owners have no problems with leaving this easement.
Alidjani, why were these access easements there orginally?
Hubble, this is presently zoned Commercial and it was for access to
the back of the lots for commercial use.
Morrow, before we ask any additional questions of Mr. Hubble, the
City Attorney has a point to bring up.
City Attorney, where they are adding additional-property to the
application the application will need to be re-noticed, if they are
deleting things from the application there is no problem.
Morrow, what you can do is go ahead with this portion and have another'
application for the remaining property or re-notice the whole thing
for a meeting in the future.
Hubble, we do not want to do that, we will proceed with this application.
we will come in on a separate hearing on the balance of the property.
Johnson, can an overlapping easement be vacated?
City Attorney, yes, along as it does not effect any ones rights.
Johnson, Mr. Hubble, did you review this letter from Hosac Engineering?
Hubble, no, we probably received it but it did not get to me.
Johnson, then I guess I will not ask you any questions on it.
Morrow, well you might raise the general point here because I am sure
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MERIDIAN P & Z S
JUNE 9, 1987
PAGE # 4
it will have some issue on this request.
Johnson, I guess the point I want to raise here is whether we as a
body want to do what is suggested here,I am kind of the opinion that
we don't want to and that is to put these restrictions, conditions
and objection on this that he is suggesting.
Morrow, I don't think in my opinion that we want to address that at all "
because he has commercial zoning and he is entitled to any useage under
his commercial zoning, the general point of the letter is that he wants
the City to some sort of guarantee that if this property is changed to
residential that when he develops his property commercially that he is
not going to have a bunch of homeowners in opposition if he puts in,
I think the quote was a Circle K, or some type of cony&nlencetsbore.
I think it is up to the developer if this is approved that the potential
purchaser of the lots are made aware that that property is commercial
and it can be used for those uses.
Cole, is the access along Lot 7 Block 2 being used for access to the
park now?
Hubble, not to my knowledge, it is not graveled or improved at all.
Morrow, I have a question here, maybe someone can answer it, why is
ACHD requiring that driveways be located five feet from the pgoperty
line?This is the first time I have seen this on their requirements.
No one had a ---answer for this.
Morrow, if there are no other questions of the Commission, we will now
open the Public Hearing. Is there anyone in the audience who wishes to
testify on this request? There was no response, the Public Hearing was
closed. Are there any more questions of the Commission?
Johnson, I want to know where we stand, are we going to make a
recommendation on part of the application?
Morrow, we are going to consider the application as submitted with
the deletion of the vacation of the easement along the north side
of Lot 7 Block 1.
The Motion was made by Johnson and seconded by Shearer to have the
City Attorney prepare Findings of Fact and Conclusions on the application
for a rezone by DKGD Properties:
Motion Carried: All Yea:
The Motion was made by Johnson and seconded by Shearer that the
Findings -shave a recommendation that the City Council approve the rezone
of the property requested in the application by DKDG Properties along
with the vacation of the easements as amended.
Motion Carried: All Yea:
Item #3: Annexation & Zoning Request by Richard & Toni Allison:
moor
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PROPERTY OWNERS NAMES AND ADDRESSES
Within 300 Feet
NAME ADDRESS BLOCK
SETTLERS SUBDIVISION
St even W. Hosa 2250 N. Meridian 1
Meridian, ID 83642
Randy S. Winn
Box 85.1
1
Jack W.
Meridian, ID
83642
N 8 D. Inc.
P.O. Box 851
Meridian, ID
L
N 8 D Inc.
Meridian, ID
83642
Arptur A00
Chuckuller
1792 richo
'
83642
1
�l�
Mer d i an, ID
Lowell sanbalm1812-
pff�y�IVT�
ericho
d i ID
83642
1
Me an,
Meridian, ID
83642
Euayne A. Gluick
1826 Jericho
� 1
Perry B.
Meridian, ID
83642
Jay D. Stark
1840 Jericho
Rd.
1
Western
Meridian, ID
83642
.
�r
Jack W.
Lamb
1868 Jericho
Meridian, ID
83642
N 8 D Inc.
P.O. Box 851
Meridian, ID
83642
Richard
D. Wilke
1071 Tammy
Meridian, ID
83642
Perry B.
Abbott
1041 Tammy
eridian, ID
83642
Western
Ada Recreation
Dis . Box 601
Meridian, ID
83642
J. Ewin �
Olenrose g
983 Tammy
Meridian, ID
83642
Alan D.
Baun
1758 Teare Ave.
Meridian, ID
83642
N b D I no.
P.O. Box 851
Meridian, ID 83642
1-3
a
9/11
10
12
13�
14-16
17
1-3
8-10
11-13
14
15-17
�r
2:
P.O. Box 851
Meridian, ID 83642
1-3
a
9/11
10
12
13�
14-16
17
1-3
8-10
11-13
14
15-17
John Biss,
Tracy M. Grano
N & D Inc.
Julia Stacey
Linda Fuehrer
N & D Inc.
James D. M i chae 1 son
Kelly J. Robert
DORIS SUBDIVISION
Steve P. Michels
Mary, Glen & Vida
Larry R. Davidson
William J. Busco
Zoe Dicandi�
Keith L. Shuma
James C. Burt
Chester W. Hosac
rx
Lille M. Curtis r--�
C/O Wm. K. Curtis
1022 Tammy
Meridian, ID 83642
1842 Teare
Meridian, ID 83642
P.O. Fox 851
Meridian, ID 83642
1821 Jericho
Meridian, ID 83642
P.O. Box 851
Meridian, ID 83642
1066 Tammy St.
Meridian, ID 83642
1026 Tammy
Meridian, ID 83642
4
3
N/2 1-4
• 3
7-8
3
±� t
3
50-52
' . 3
ire
3
ou is
3
67-68
1845 W. Carol
2
part 5
Meridian, ID 83642
1370 Carol
3
1
Meridian, ID 83642
1870 W. Carol
44
N/2 2
t
2070 N. Locust Grove
3
S/2 2
Meridian, ID 83642
1022 Tammy
Meridian, ID 83642
1842 Teare
Meridian, ID 83642
P.O. Fox 851
Meridian, ID 83642
1821 Jericho
Meridian, ID 83642
P.O. Box 851
Meridian, ID 83642
1066 Tammy St.
Meridian, ID 83642
1026 Tammy
Meridian, ID 83642
1630 E. Paradise Lane
•
3
N/2 1-4
• 3
7-8
3
48-49
3
50-52
' . 3
53-56
3
57-58
3
67-68
1630 E. Paradise Lane
2
1-3
Meridian, ID 83642
5817 Eastwood
2
4
Ho i se, ID 83712
1853 W. Carol
2
part 5
Meridian, ID 83642
1845 W. Carol
2
part 5
Meridian, ID 83642
1370 Carol
3
1
Meridian, ID 83642
1870 W. Carol
3
N/2 2
Meridian, ID 83642
2070 N. Locust Grove
3
S/2 2
Meridian, ID 83642
2630 E. Franklin
unplatted
Meridian, ID 83642
AI
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P
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• 0
� yN HUBBLE ENGINEERING
`9 Hz -y 8590 Fairview Ave., Suite F, Boise, Idaho 83704 (208) 322-8992
April 8, 1987
Mr. Jack Niemann
City Clerk
728 Meridian
Meridian, ID 83642
Dear Mr. Niemann,
We hereby request your consideration of this application for
rezone. We would like to rezone Lots 4, 5, 6, and 7, Block 1,
and Lots 4, 5, 6, and 7, Block 2, of Settlers 'Village
Subdivision. The change in zoning would be from C -G to R-8.
We also request vacation of the twenty foot wide access
easement on the west end of Lots 4,5,6, and 7, Block 1, the
twenty foot wide access easement on the east end of Lots 4,5,6,
and 7, Block 2, and the fifteen foot walkway easement on the
north sides of Lot 7, Block 1, and Lot Lot 7, Block 2.
Sincerely,
CA
E. Don Hubble, P.E. for
Glen Gordon
David Dimeo
Kenneth A. Coe
(D.K.D.G. Properties)
STATE OF IDAHO
COUNTY OF ADA
Q'No Ap 1y'':���� �As,ew+erw% �c.iss �lg�c�
wfa+ god a; wts 4a5j& 41—13tI�• 2 . ��
ca,ki- b -p. v sL t-* +ec(-
Tht 20' �ccess eosevne-it 000
(.O S 4, wow)'LOv�iACA SOWN Alre�i '
S vl04 Gs +,-upt4or&j vw ds 49 W, t uvea '►arc +M,
(coy oy-dto'"M W-gm;As M Vol buck, tion 64-
McMe0t. )
�o�12te v �c� �j +� vva11Lwa�
On this Sth day of April, 1587, before me, the undersigned, a
notary public in and for said state, personally appeared E. Don
Hubble and signed this request.
In witness where of, I have hereunto, iL�A and and seal.
Q
pf d 0000000,000 'rob �
°®18890958e0%
0
ITEMS NEEDED FOR ZONING REqUEST
1. Name (see application)
2. Owner ( see application)
3. Request (attached)
4. Legal Description (see application)
�1
5. Legal description for all adjoining rights-of-way,roadways,
highways and easements - see plat of Settleee Village Subdivision
attached
6. Present land use- unimproved commercial
7. Proposed land use- Single-family Residential
8. Present district- C -G
9. Proposed district- R-8
10. Characteristics which make the zoning amendment desirable -
This property is located between commercial property adjacent
to Fairview Ave. and single family residential homes. This
proposed zone of single family residential dwellings will be
the same as the lots to the North.
It. Desirability of development pertaining to zoning amendment -
The applicant would like to sell this property for new owners
to construct
12..Map 1" equals 1009- attached
13. Twenty-seven copies of map 1" equals 3001- attached
14. List of mailing addresses of owners within 3001- attached
15. How proposed zoning amendment relates to the Meridian Compre-
hensive Plan- This area has direct access to a collector
street and direct access to a municipal park. It is connected
to municipal water and sewer systems. This property meets the
conditions for R-8 . Medium Density Residential Districts as
described in the Zoning Ordinance.
16. Fee -
1?. The owner grants a lien against said property for payment of all
costs incurred by the City including engineeringo publication
and attorney fees.
cca A 5�ld4_ S�117
E. Don Hubble. P.E. for is
Glen Gordon. David Dimeo
and Kenneth A. Coe
0
0
PROPERTY OWNERS NAMES AND ADDRESSES
Within 300, Feet
NAME
SETTLERS SUBDIVISION
Steven W. Hosac
Randy S. Winn
N & D, Inc.
Chuck Fuller
Lowell Rosanbalm
Euayne A. Quick
Jay D. Stark
Jack W. Lamb
N & D Inc.
Richard D. Wilke
Perry B. Abbott
Western Ada Recreation Dist.
Glenrose J. Ewing
Alan D. Baun
N & D Inc.
ADDRESS BLOCK
2250 N. Meridian 1
Meridian, 10 83642
Box 851
Meridian, ID
83642
P.O. Box 851
Meridian, ID
83642
1792 Jericho
Meridian, ID
83642
1812 -Jericho
Meridian, ID
83642
1826 Jericho
Meridian, ID
83642 '
1840 Jericho
Rd.
Meridian, ID
83642
1868 Jericho
Meridian, ID
83642
P.O. Box 851
Meridian, ID
83642
1071 Tammy
Meridian, ID
83642
1041 Tammy
Meridian, ID
83642
Box 601
Meridian, ID
83642
983 Tammy
Meridian, ID 83642
1758 Teare Ave.
Meridian, ID 83642
P.O. Box 851
Meridian, ID 83642
1
L
1
1
1
1
1'
2
2
2
2
2
2
3
L97T 3..
1-3
8
9/11
is
12
13
14-16
17
1-3
8-10
11-13
14
15-17
18-20
S/2 1-4
e
1022 Tammy 3 N/2 1-4
Meridian, ID 83642
1842 Teare 3 7-8
Meridian, ID 83642
P.O. Pox 851 3 48-49
Meridian, ID 83642
1821 Jericho 3 50-52
Meridian, ID 83642
P.O. Box 851 ` . 3 53-56
Meridian, ID 83642
1066 Tammy St. 3 57-58
Meridian, ID 83642
1026 Tammy 3 67-68
Meridian, ID 83642
1630 E. Paradise Lane
2
1-3
Meridian, ID 83642
5817 Eastwood
2
4
bo i se, ID 83712
1853 W. Carol
2
part 5
Meridian, ID 83642
1845 W. Carol
2
part 5
Meridian, ID 83642
1370 Carol
3
1
Meridian, ID 83642
1870 W. Carol
3
N/2 2
Meridian, ID 83642
2070 N. Locust Grove
3
S/2 2
Meridian, ID 83642
2630 E. Franklin unplatted
Meridian, ID 83642
I
ato
uA
4 V>
SETTLERS VILLAGE
A SUBDIVISION INA PORTION OF THE S I/2 SEV4. SECTION 6, T.3N., R.I E, B.M.
MERIDIAN. ADA COUNTY, IDAHO
198
...04 • AOLE—CGmseaLTIMG ant 6N61NEdA
ao 1 o a o
SCALE dl FEET
AREPLAT OP THE ORIGINAL SETTLERS VILLAGE PLAT
a
a�
AS VACATED BY MERIDIAN CITY APRIL, 1981)
LEGEND
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v
Brae Cap
s
■ iNyiwTRipM-of•WaT NaryneM
1
o an' Ira. Pis
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o
• In' a 24' items Pie
_---- Puma oistm , drainap, and Irrigatiams
eaataaeM
Jae►eae Grain Eaeemeal
Nates and Curve Data an Shut 2
r'1�—• . e.—e6126�-
I 9 3 I
K a l R a•t �•
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N.0'2349' E. 41 LOW
POINT OF BEGINNING
.09 EAST
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DONIS lUBOIVIlION �•= '