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HomeMy WebLinkAboutGem Park Subdivision• MERIDIAN CITY COUNCIL DECEMBER 5, 1989 PAGE #3 The Motion was made by Morrow and seconded by Giesler to approve the preliminary plat on Clearmont Fair Subdivision with the quotation that there may be some adjustment in Lot 4 & Lot 5 Blk 3. Motion Carried: All Yea: ITEM #2: RESTRICTIVE COVENANTS ON GEM PARK SUBDIVISION: Kingsford: Councilmen you've had those covenants for review are there any questions or comments. There was some discus Ision on this. (Tape on file) The Motion was made by Morrow and seed by kers to approve the covenants on Gem Park Subdivision with the exception of striking Page 5 Paragraph 8 Section C. Motion Carried: All Yea: ITEM #3: CONDITIONAL USE Morrow: I have reviewed the le appear to me that that letter i anything. In terms of our hist taken alot of our time and alot force compliance to things he h gives us a guarantee to accompl with Mr. Covino who is trying t should make any exceptions. Giesler: I feel basically the as diagrams or anything to ass FOR PETER C:OVINO, TABLED AT LAST MEETING: ,er signed by this real estate agent and it doesn't licates or takes a position that guarantees the City Ical problems with Mr. Amyx and the fact that he has f our money and the court systems time and money to agreed to in the past, I don't see that this letter h what we'd hope to accomplish. I am sympathetic start a business but I don't see where the City e way. We don't have anything in front of us as far us as to what is going to happen. Kingsford: I had some concern ii the first paragraph the comment by Mr. Amyx. I'm not sure that that's going to imProve the statute of that building. I drove by there after work this evening and it apeared to be about 15 to 20 vehicles outside again. In terms of his meeting a compliance,, the deal we've got from Mr. Amyx is in violation of that. The Motion was made by Morrow an_seconded by Giesler to deny the application for Conditional Use Permit for Peter Covino.: Motion Carried: All Yea: ITEM #4: PRE -TERMINATION HEARIN$: SEWER/WATER/TRASH DELINQUENCIES: Kingsford: You have been inform -d in writing, if you choose to, you have the right to a pre -termination hearing at 7:30 .M. before the Mayor and City Council, to appear in person to be judged on facts and defend the claim made by the City that your water,sewer, and trash bill is delinquent. Y u may retain Counsel. Is there anyone from the public who would like to contest their materisewer, trash delinquency? Wilma Blair: Will pay as soon as can, maybe the first of the month. The Motion was made by Tolsma and seconded by Morrow to approve of the turn off list with the exception of Wilma Blair. - ` City of Meridian 40 Ih TER -OFFICE MEMO DATE FROM: TO: I OFFICIALS JACK NIEMANN, City Clark JANICE BASS, Treasurer BRUCE D. STUART. Water Works Supt. WAYNE O. CROOKSTON. JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief ROY PORTER, Police Chief GARY SMITH, City Engineer October 19, 1989 Mayor Council Attorney Engineer HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 PAST IDAHO MERIDIAN, IDAHO 83642 Phone 888133 GRANT P. KINGSFORD Mayor Attached are the Covenants for Gem Park Subdivision for your review, This item will be On the Agenda for November 7, 1989: Jack Niemann City Clerk COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT OIESLER WALT MORROW Chalrrean Zonlnp a Planning JIM JOHNSON I�eo�v lof /gine Stf7v aG�I, — �ltioc�Lid /5 Mqus- vie - 4 h y jA.';'' < 1,300 J,)r s�wh cal AL pi t fair max. 444.1 . . OvG�r�.ce.. • 1il air• `u h� d� 1 d,G�o pan by �y ���``` • ZweA- 301 ytn' 2, - �&f 4*,c,& Atf UAALMe46t:- Al� e� loft no f 172ajyN,�cr.I�•.. � DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR GEM PARK SUBDIVISION DATED: OCTOBER 17, 1989 RECORDED: INSTRUMENT NO.: THIS DECLARATION is made on the date hereinafter set forth by the undersigned, hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as "said property", more particularly described as follows: GEM PARK SUBDIVISION - City of Meridian, County of Ada, State of Idaho. All property and residential lots within GEM PARK SUBDIVISION, according to the official plat thereof, on file in the office of the County Recorder, Ada County, Idaho, as shown by Book of plats at pages and records of Ada County, Idaho. NOW, THEREFORE, Declarant hereby declares that all of the said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. Said easements, covenants, restrictions, conditions and reservations shall constitute covenants to run with the land and these conditions, covenants, restrictions, easements and reservations shall inure to the benefit of and be limitations upon all future owners of said property, or any interest therein. ARTICLE I DEFINITIONS Whenever used in the Declaration, the following terms shall have the following meanings: I. "Said property" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Declarant. 2. "Lot" shall mean and refer to every lot of land described in the preamble to this Declaration. No Lot shall be divided into two or more building sites, except as provided for herein or with the prior written consent of the Declarant. DECLARATION, Page 1 3. "Owner" shall mean and refer to the record owner of a fee simple title to any lot (including contract sellers), whether one (1) or more persons or entities, excluding those having such interest merely as security for the performance of any obligation. 4. "Declarant" or "Developer" shall mean and refer to the undersigned its successors, heirs and assigns. 5. "Building Site" shall mean and refer to a Lot or to any parcel of said property under one (1) ownership which consists of a portion of one (1) of such Lots or contiguous portions of two (2) or more contiguous Lots if a building is constructed thereon. 6. "Setback" means the minimum distance between the dwelling unit or other structure referred to and a given street or road or lot line all of which shall be in accordance with the applicable zoning regulations of the City of Meridian, Idaho. 7. "Mortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgages" shall refer to the mortgage or beneficiary of a deed of trust and "Mortgagor" shall refer to the mortgagor or Declarant of a deed of trust. ARTICLE II ARCHITECTURAL CONTROL COMMITTEE An Architectural Control Committee is hereby created to approve all improvements within the Subdivision. The approval shall be in writing and shall be in accordance with the terms, conditions and standards set forth herein. The Architectural Control Committee shall be comprised of Greg and Heidi Johnson. The Architectural Control Committee shall consist of at least two people. Declarant may remove any member of the committee any time and may appoint new or additional members at any time. Each Owner shall submit a written request for approval of plans, specifications and elevations of proposed improvements upon Lots within the GEM PARK SUBDIVISION. In the event said Architectural Control Committee fails to approve or disapprove the plans, specifications and elevations within thirty (30) days after said plans, specifications and elevations have been submitted in writing by certified mail, approval shall not be required and the Article shall be deemed to have been fully complied with. The Architectural Control Committee may, in its discretion require that other documents be submitted to it in accordance with the terms and conditions of the Declaration. ARTICLE III PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the real property located in GEM PARK SUBDIVISION and shall be for the benefit of, and limitation upon, all present and future Owners of said property or any interest therein. DECLARATION, Page 2 O 1. All improvements constructed upon Lots within the CEM PARK SUBDIVISION shall be single family residences. Residents living together upon the premises as separate housekeepinq unit in a domestic relationship based upon birth, marriage, or other domestic bonds, shall be a "single family" for the purpose of defining a single family residence. 2. Unless written approval is first obtained from the Architectural Control Committee no sign of any kind shall be displayed to public view on any building or building site on said property except one (1) sign of not more than five (5) square feet advertisinq the property for sale or rent or siqns used by the Developer or Lot Owner to advertise the property during the construction and sales period. If a propertv is sold or rented any sign relating thereto shall be removed immediately except the Declarant and only Declarant or its agent may post a "sold" sign for a reasonable period following a sale. One professional sign located in Front of the Subdivision with the name of said subdivision will be allowed and maintained by Declarant or its agent until termination of the said development or other arrangements and subsequent Lot Owners. 3. No animals, livestock or poultry of any kind shall be raised and bred or kept on any part of said property, except dogs, cats numbering no more than two or other household pets, provided that such household pets are not kept bred or maintained for any commercial purpose, nor shall any dog or cat be kept which unreasonable bother or constitute a nuisance to other Owners of other Lots. 4. No part of said property shall be used or maintained as a dumping ground for rubbish trash, garbage or any other water. No qarbaqe trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. All equipment for the storage of disposal of such. material shall be kept in a clean and sanitary condition. 5. No noxious or offensive or unsightly conditions shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become annoyance or nuisance to the neiqhborhood. 6. No trailer, camper mobile home, camper -truck, tent, garage, barn shack or other outbuilding shall at anytime be used as -a residence temporarily or permanently on any part of said property. 7. Parking of boats, snowmobiles on or off trailers, trailers, motor home, motorcycles, trucks, truck -campers, any recreational vehicle and like equipment or junk cars or other unsightly vehicles shall not be allowed on any part of said property nor on public ways adjacent thereto exception only within the confines of an enclosed garage or behind a fenced enclosure and no portion of same may project beyond the enclosed area except under such. circumstances, if any, as may be prescribed by written permit approved by the Architectural Control Committee. All other parking of equipment shall be prohibited except as approved in writing by the Architectural Control Committee. 8. No garage door shall remain open for anytime period except during ingress or egress of vehicles or individuals. DECLARATION, Page 3 9. No telivision antennas, radio aerials or satellite dishes shall be installed on the exterior of a residence. 10. No activity shall be conducted on or in any improvement located upon the Lot which is, or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said property; no open fire shall be lighted or permitted on the property except in a self-contained barbecue unit while attended and in use for cooking purposes or within a city inspected and approved interior fireplace. 11. No lights shall be emitted from any Lot which light is unreasonably bright or causes unreasonable glare; no sound shall be emitted from any Lot which is unreasonably loud or annoying and no odor shall be emitted on any property which is noxious or offensive to others. ARTICLE IV BUILDING RESTRICTIONS All Lots and improvements hereon within said Subdivision shall be used exclusively as residential living purposes and such uses as are customarily incidental thereto, unless otherwise specified on a recorded plat or in a supplemental declaration covering a Lot within said Subdivision. 1. No Lot shall be improved except with a dwelling or residential structure or complex designed to accommodate no more than a single family and its servants and occasional guests as customarily incidental to a residence designed and constructed in accordance with the provisions of these covenants relating to approval by an Architectural Control Committee and containing a floor area not less than approved by the Architectural Control Committee and in compliance with all City of Meridian ordinances governing single family residential development in R-8 zoning. 2. No structure or above -ground improvement shall be permitted on any Lot which are detached or separated from the principal structure unless located within a reasonable compact area adjacent to the principal structure and attached by fencing or other architectural features and in accordance with other requirements of these Covenants. 3. No dwelling or residential structure and no other structure or above ground improvements shall rise more than two (2) stories from the ground level unless approved by the Architectural Control Committee. No split entrees allowed. 4. No house trailer, tent, shack, unattached garage, barn or other outbuilding or structure shall be erected or placed on any Lot within said Subdivision except for construction and/or sales offices provided herein. 5. All residential building sites subject to these Covenants shall remain of the size and dimensions shown upon the recorded plat. DECLARATION, Page 4 6. No house, garage, outbuildings, fence or other structure shall be built, erected, placed, materially altered or materially repaired including with limitation the altering repair of surface colors or textures on any Lot in the Subdivision unless and until the building plan specifications and plot plan have been reviewed in advance by the Architectural Control Committee and the same has been approved conditionally or otherwise. Said review and approval shall include without being restricted to, topography, finish ground elevations landscapinq drainage, color material design, artistic conformity to the terrain and other residences in the area, an architectural design shall apply only to the exterior appearance of said improvements. It shall not be the intent of these restrictions to control the interior layout or design of said structures. 7. No building or structure shall be moved onto said real. property from any land outside said plat, 8. All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines' which have been provided to each lot. All recorded lots within this subdivision shall be subject to and restricted by the following recorded subdivision covenants: (a) A monthly sewer charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. (b) Owner shall submit to inspections and all requirements of City and County Government Officials. (c) The applicant/owner of this subdivision or lot or lots therein shall and hereby does vest in Meridian City the right and power to bring all actions against the owner of the premises hereby conveyed or any part thereof for the collection of any charges herein required and to enforce the conditions herein stated. This covenant shall run with the land. 9. Setback Restrictions - All dwellings constructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved procedure. No building shall be located on any lot nearer than twenty (20) feet to the front lot line; nearer than fifteen (15) feet to the rear lot line, on corner lots. the side yard shall be minimum of twenty (20) feet on the side abutting the street. 10. All buildings shall be of frame, stone, brick, concrete or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners. Paint shall be colors that are not extremely bright or offensive. Roof to be composition or better, no gravel. 11. All residential buildings shall have a minimum of 1300 square feet of finished living area. All homes shall have an enclosed garage with a minimum of 400 square feet, adequate for at least two (2) standard size automobiles. DECLARATION, Page 5 s 12. Landscaping. Each (45) days of final yard grading 5 gallon ornamental trees within to street right of way. In case planted so that each side fronti and all landscape must comply wi remaining yard shall be grass an • builder or property owner within forty five shall plant at least two (2) 12" caliper, ten (10) feet of front lot line, adjacent of corner lots, such trees shall be ng on a street contains at least one tree, th. Article VI #3 for sight obstruction. The d shrubs as appropriate, ARTICLE V APPROVAL OF CHANGES WITHIN SUBDIVISION 1. Criteria for approval, The Declarant shall have complete discretion to approve or disapprove of any change in the existing state of property within the Subdivision, but shall exercise such discretion with the following objectives in mind, among others: to prevent violation of any specific provision of this Declaration or any Supplemental Declaration; to carry out the general purposes expressed in the Declaration; to prevent any change which would be unsafe or hazardous to any persons or property; to minimize obstruction or diminution of the view of others; to preserve visual continuity of the area and to prevent a marked or unnecessary transition between improved and unimproved areas and any sharp definition of boundaries of property ownership; to assure that any changes will be of good and attractive design and in harmony with the natural setting of the area and will serve to preserve and enhance existing features of natural beauty; to assure that materials and. workmanship for all improvements are of high. quality comparable to other improvements in the area; and to assure that any change will require as little maintenance as possible as to assure a better appearing area under all conditions. 2. Conditions Precedent to Approval. Prior to expenditures of any substantial time or funds in planning of any propose change in the existing state of property within the Subdivision, the Owner of such property, other than Declarant, shall advise the Architectural Control Committee in writing of the general nature of the proposed change shall if requested by the Architectural Control Committee to discuss the proposed change; shall read or become familiar with any guides or guidelines which may have been prepared or formulated by the Architectural Control Committee; and shall, if requested by the Architectural Control Committee, furnish the Architectural Control Committee with preliminary plans and specifications for comment and review. After the nature and scope of a proposed change in existing state of such property is determined and prior to the commencement of work to accomplish.such change Architectural Control Committee shall be furnished duplicate by such property owner other than Declarant, with a complete and full description of the proposed change in writing and with a plot plan covering the particular Lot, or other property drawn to such scale. as may be reasonable by the Architectural Control Committee. Where buildings or other improvements which reasonably require plans and specifications be prepared by a practicing licensed architect a fee of $100.00 shall be paid to the Architectural Control Committee to cover costs and expenses of review, $75.00 of the fee may be waived by the Architectural Control Committee in its descretion if the plans and specifications furnished are prepared by a practicing licensed architect. Prior to giving approval to a proposed change in the existing state of property, at least one (1) member of the Architectural Control Committee shall physically inspect the property. No proposed change in the existing state of property shall be deemed to have been approved by the Architectural Control DECLARATION, Page 6 Committee unless its approval is in writing executed by at least two (2) members of the Architectural Control Committee providing that approval shall be deemed given if the Architectural Control Committee fails to approve or disapprove a proposed change or to make additional requirements or request additional information within forty-five (45) days after a full and complete description of the proposed change has been furnished in writing to the Architectural Control Committee with a written and specific request for approval. A penalty of $100.00 shall be assessed any owner who does not comply with the above prescribed method of plan approval. 3. Prosecution of Work After Approval. After approval by the Architectural Control Committee of any proposed change of designation of property within the Subdivision, the proposed change shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed change and any plans and specifications therefore given to the Architectural Control Committee. Failure to accomplish the change within the six (6) months after date of approval (subject to strikes and acts of God) or to complete the proposed change strictly in accordance with the description thereof and.plans and specifications therefore shall operate to automatically revoke the approval of the proposed change and, upon demand by the Architectural Control Committee, such property shall be restored as nearly as possible to its state existing prior to any work in connection with the proposed change. The Architectural Control Committee and its duly appointed agents may enter upon such property at any -reasonable time or times to inspect the progress or status changes in the existing state of such property being made or which may have been made. The Architectural Control Committee shall have the right and authority to record a notice to show that any particular change in the existing state of property has not been approved or that any approval given has been automatically revoked. ARTICLE VI FENCES AND HEDGES No fences, hedge or boundary wall situated upon a building site shall be constructed except upon approval of the Architectural Control Committee as provided in these covenants. Chain link fences and rail or pole fences are hereby prohibited on any residential parcel except where required by the Declarant or a public agency to secure utility sites, irrigation or drainage facilities or other public use as deemed necessary. Declarant may construct a perimeter fence on one (1) or more sides of the Subdivision and that portion of any such fence on the perimeter of the Lot where the same is situated shall be maintained by the subsequent owners thereof in a state of good condition and repair, The perimeter fence will not be owned by the Declarant, nor shall said fence be subject to maintenance by the Declarant. DECLARATION, Page 7 0 1. Design. Subject to dimensional and location criteria which follow, all fences which are placed on any residential parcel shall be of cedar of "grape -stake" construction or such other material as may be authorized at the discretion of the Architectural Control Committee. Hedges or other solid screen planting may be used along line barriers subject to the same height restrictions as fences. 2. Height and Location. No fence or hedge situated anywhere upon any building site shall be of a height greater than six (6) feet or such other heights as the Architectural Control Committee may specify, above the finished graded surface of the ground which such fence or hedge is situated. No fence or hedge with an elevation above three (3) feet shall be permitted in front of the dwelling structure. 3. Sight Obstruction. No fence, hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) 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 thirty (30) feet from the intersection of the street lines or in the case of a rounded property corner from the intersection of a street property lines extended. The same sight -line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines or as conditions are required by Ada County Highway Department. 4. Spite Fences. The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the Declarant that any wall, fence, hedge or tree falls within the latter category shall be conclusive upon all parties. ARTICLE VII EASEMENTS 1. All Lots shall be served by underground utility lines. The services shall be installed in road or easement right-of-way as platted. Each. Owner agrees at his sole expense to pay for costs and hook on charges as established by the utility companies for the underground service facilities, as a condition precedent to connection thereto. Declarant shall not be liable for the cost thereof but may recover funds advanced, if any to obtain preliminary installation. 2. The Declarant reserves such easements as shown and noted on said plat for the purpose of constructing water mains, electric distribution lines, sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable of the Owners of said Lots and parcels henceforth. DECLARATION, Page 8 • 3. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channel in the easements. 4. An easement is hereby granted to the utility companies, its licensees, successors and assigns, a permanent and perpetual easement and right of way, sufficient in width to install and maintain underground utilities, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground utilities, through, under and across said land, together with right, at the sole expense of Owner, to excavate and refill ditches and trenches for the location of said utilities, and further right to remove trees, bushes, sod, flowers, shrubbery and other obstructions and improvements interfering with the location, construction and maintenance of said utilities on and across the following premises, belong to the said owner in Ada County, Idaho in the locations as designated and shown on the official Recorded Plat of the above described Subdivision. 5. Nampa -Meridian Irrigation has an easement on the southerly portion of Lots 5, 6, 7, 16, 17, 18, 27, 28, and 29 as designated on the recorded plat, as a drainage and access easement for Jackson Stub drain. Said drain is to be contained in an underground pipe and covered over. The easement will remain for maintenance of said pipe. Use of easement by lot Owner will be restricted from any permanent structures or portions thereof being in the easement. Easement may be landscaped or gardened and be fenced on the south property line with a permanent fence and side lot lines could be fenced with the portion crossing the easement being panelized for easy removal by the Irrigation Company if necessary for maintenance of the drain. ARTICLE VIII RECIPROCAL EASEMENTS Each and every Owner purchasing a Lot with the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each owner by purchase of a Lot within the Subdivision agrees that it shall be subject to the following reciprocal easements: 1. An easement for drainage is hereby declared to exist on each Lot for the benefit of the adjoining Lot(s): provided, that the Owner installing any drainage pipe, conduit, or other facility shall pay for any and all such improvements and cause the property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of this reciprocal easement. 2. Each Lot shall be subject to the minimum building setback requirements as applicable to the said property under the ordinances of Meridian City, Idaho. DECLARATION, Page 9 • 3. All Lots shall be subject to a general utility easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. 4. All Lots shall be subject to a permanent public utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair for any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and through the said Subdivision, as shown on the recorded plat. ARTICLE IX RESERVED EASEMENTS The Declarant for itself, its licensees and assigns, does hereby reserve all rights, title and interest in, and full power to vacate and relocate by instrument filed of record on platted land in Declarants name, a right-of-way and easement for installation, maintenance and operation of utilities of any type or nature, and drainage and all incidence and appurtenances thereof, over on and across the above described real property as shown on the plat or reserved in any deed of Declarant, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easement hereby reserved, and all rights, and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance and repair of the electrical, telephone, or other utility system. Declarant further reserves to itself, its licensees, successors and assigns, the right and power to locate new, or to vacate and assigns any existing street or easement herein platted, as long as the Declarant owns each of the parcels which are adjacent to such street or easement and provides an adequate roadway in place of any vacated street as may be required for ingress or egress by adjacent Lot. Provided, any such vacations and relocations made in accordance with the minimum standards of the State of Idaho, Ada County, Idaho Laws, ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements and shall be effected only by instrument duly filed of record in said Ada County. The Owner waives any right which he may have by statute or otherwise to object to any vacancies, relations vacations and dedication effected by Declarant in accordance with the provisions of this Section. ARTICLE X DECLARANT REPURCHASE OPTION The conveyance hereby made is further made subject to the condition and agreement by which the Owner agrees that within a period of one (1) year following the date of delivery of any deed of Declaration conveying any plot tract or lot the construction of a dwelling house in compliance with the restrictions herein will be commenced upon the described real property. The term "construction will be commenced" as used herein, shall require actual physical construction activities upon such dwelling house or structure upon said real property. In the event the Owner shall fail DECLARATION Page 10 • or refuse to commence construction of such dwelling house or structure within said one (1) year period, the Declarant shall have the discretionary option, but not the duty, to repurchase the above-described real property from the Owner or owners thereof at a repurchase price equal to the purchase paid the Declarant, less the amount equal to twenty percent (20%) thereof. In the event that the Declarant shall exercise its discretionary option to repurchase the said real property, the Owner or the then owners of said real property, shall, upon tender of payment of the purchase price of said real property, the Owner or the then owners of said real property, shall, upon tender of payment of said repurchase price make, execute and deliver to the Declarant a good and sufficient deed reconveying to the Declarant the above described real property. This provision shall be binding upon all persons who may at anytime hereafter, own or claim any right, title or interest in and to said real property, whether acquired by voluntary act or through operation of law. ARTICLE XI PROSECUTION OF CONSTRUCTION WORK The construction of the dwelling house and structures shall be prosecuted diligently, continuously and without delays from time of commencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance including finished painting, yard turfing and landscaping, within eight (8) months from the date.of commencement of construction. ARTICLE XII GENERAL PROVISIONS 1. Enforcement. The Declarant or any Owner, or the Owner of any recorded mortgage upon any part of said property, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event suit is brought to enforce the covenants contained herein the Declarant shall be entitled to recover a reasonable attorney fee in addition to allowable costs from owner. 2. Severability. Invalidation of any One (1) of these covenants or restrictions by judgement or court order shall in no wise affect any other provisions which shall remain in full force and effect. 3. Term of Restriction and Amendment. These Restrictions shall run with the land described herein and shall be binding upon the parties thereto and all successors in title or interest to said real property or any part thereof until January 1, 2020 at which time said restrictions shall be automatically extended for successive time periods of ten (10) years unless the Owner or Owners of the legal title to not less than two-thirds (2/3) of the platted Lots by an instrument or instruments in writing, duly DECLARATION, Page 11 signed and acknowledged by them, shall then terminate or amend said restrictions. Such termination or amendment shall become effective upon the filing of such instrument or instruments of record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in which these Restrictive Covenants are set forth, and all amendments thereof. 4. No Right of Reversion. Nothing herein contained in this Declaration or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property, or any part thereof shall be deemed to vest or reserve in Declarant any right of reversion or reentry for breach or violation of any one (1) or more of the provisions hereof. 5. Benefit of Provision -Waiver. The provisions contained in the Declaration shall bind and inure to the benefit of and be enforceable by the Declarant and the Owner or Owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by any of the Property Owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 6. Assignment of Declarant. Any or all rights, powers and reservations of Declarant herein contained may be assigned to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of the Declarant hereunder pertaining to the particular rights, powers and reservations assigned and upon any such corporation or association evidencing its intent in writing to accept such assignment and assume such duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by the Declarant alone, so long as it owns any interest in any portion of said property. 7. Special Notice Regarding Irrigation Assessments. The Declarant has made no provisions for delivery or use of district water on the property and none are planned. However, until and if the district approves a petition seeking removal of the property for the district, the property will remain liable for district assessments. 8. Amendment. This Declaration of Restrictive Covenants may be amended by written instrument duly notarized containing the signatures of not less than two-thirds (2/3) of the Lot Owners within the Subdivision. 9. Appointment of New Committee. A new member of the Architectural Control Committee may be appointed if approved by a majority of the existing and duly appointed committee. The new member shall take the place of and have all the rights and powers of the committee member replaced. 10. Hold Harmless Clause. Declarant is hereby held harmless and exempt from any liability whatsoever that may come from any action that may be taken against Declarant pertaining to the above Articles of Declaration. The Architectural Control Committee is held harmless from any errors or omissions pertaining to its responsibilities as designated in these Articles of Declaration. DECLARATION, Page 12 0 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of , 1989. The Westpark Company, Inc. Gregory B. Johnson, President STATE OF IDAHO ) ss. County of Ada ) On this day of , 1989, before me, the undersigned a Notary Public in and for said State, personally appeared Gregory B. Johnson, known to me to be the President, The Westpark Company, Inc,, that executed within instrument and acknowledge to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this Certificate first above written. Notary Public for Idaho Residing at Boise, Idaho Commission Expires • 1 �4 • M) Di •:• v I DIM REVISED COVENANTS AND RESTRICTIONS ON GEM PARK SUBDIVISION FOR YOUR REVIEW: THE COVENANTS WILL BE ON TBE COUNCIL AGENDA FOR DEMMER 5,1989: Jack Niemann City Clerk HUB OF TREASURE VALLEY O October 19, 1989 Mayor Council Attorney Engineer Attached are the Covenants for Gen park Subdivision for your review, This item, will be on the Agenda for November 7, 1989: Jack Niemann. City Clerk COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER WALT MORROW Chairman Zoning & Planning JIM JOHNSON A Good Place to Live OFFICIALS JACK erk JANICE GASS, Treasurer CITY ®F MERIDIAN BRUCE D. STUART,atCity BRUCE D. STUAT, Water Works Supt. a x SuAttorney EARL WARD, WaWAYNE G. ste Wa eJR., 33 EAST IDAHO KENNY BOWERS, Fire Chief ROY PORTER, Police Chief MERIDIAN, IDAHO 83642 GARY SMITH, City Engineer Phone 888-4433 K GRANT P. KINGSFORD } Mayor October 19, 1989 Mayor Council Attorney Engineer Attached are the Covenants for Gen park Subdivision for your review, This item, will be on the Agenda for November 7, 1989: Jack Niemann. City Clerk COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER WALT MORROW Chairman Zoning & Planning JIM JOHNSON d Aj'q a x i?,�x 'ak i ' V ii K } d Aj'q d �r� i?,�x do K } d �r� n K } DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR GEM PARK SUBDIVISION DATED: OCTOBER 17, 1989 `RECORDED: INSTRUMENT NO.: THIS DECLARATION is made on the date hereinafter set forth by the undersigned, hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as "said property", more particularly described as follows: GEM PARK SUBDIVISION - City of Meridian, County of Ada, State of Idaho. All property and residential lots within GEM PARK SUBDIVISION, accordinq to the official plat thereof, on file in the office of the County Recorder, Ada County, Idaho, as shown by Book of plats at pages and records of Ada County, Idaho. NOW, THEREFORE, Declarant hereby declares that all of the said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and, protecting the value, desirability and attractiveness of said property. Said easements, covenants, restrictions, conditions and reservations shall constitute covenants to run with the land and these conditions, covenants, restrictions, easements and reservations shall inure to the benefit of and be limitations upon all future owners of said property, or any interest therein. ARTICLE I DEFINITIONS Whenever used in the Declaration, the following terms shall have the following meanings: 1. "Said property" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brouqht within the jurisdiction of the Declarant. 2. "Lot" shall mean and refer to every lot of land described in the preamble to this Declaration. No Lot shall be divided into two or more building sites, except as provided for herein or with the prior written consent of the Declarant. DECLARATION, Page 1 3. "Owner" shall mean and refer to the record owner of a'fee simple title to any lot (inc.luding contract sellers), whether one (1) or more persons or entities, excluding those having such interest merely as security for the performance of any obligation. 4. "Declarant" or "Developer" shall mean and refer to the undersigned its successors, heirs and assigns. 5. "Building Site" shall mean and refer to a Lot or to any parcel of said property under one (1) ownership which consists of a portion of one (1) of such Lots or contiguous portions of two (2) or more contiguous Lots if a building is constructed thereon. 6. "Setback" means the minimum distance between the dwelling unit or other structure referred to and a given street or road or lot line all of which shall be in accordance with the applicable zoning regulations of the City of Meridian, Idaho. 7. "Mortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgages" shall refer to the mortgage or beneficiary of a deed of trust and "Mortgagor" shall refer to the mortgagor or Declarant of a deed of trust. ARTICLE II ARCHITECTURAL CONTROL COMMITTEE An Architectural Control Committee is hereby created to approve all improvements within the Subdivision. The approval shall be in writing and shall be in accordance with the terms, conditions and standards set forth herein. The Architectural Control Committee shall be comprised of Greg and Heidi Johnson. The Architectural Control Committee shall consist of at least two people. Declarant may remove any member of the committee any time and may appoint new or additional members at any time. Each Owner shall submit a written request for approval of plans, specifications and elevations of proposed improvements upon Lots within the GEM PARK SUBDIVISION. In the event said Architectural Control Committee fails to approve or disapprove the plans, specifications and elevations within= thirty (30) days after said plans, specifications and elevations have been submitted in writing by certified mail, approval shall not be required and the Article shall be deemed to have been fully complied with. The Architectural Control Committee may, in its discretion require that other documents be submitted to it in accordance with the terms and conditions of the Declaration. ARTICLE III PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the real property located in GEM PARK SUBDIVISION and shall be for the benefit of, and limitation upon, all present and future Owners of said property or any interest therein, DECLARATION, Page 2 1. All improve�PCents constructed upon Lots withVithe GEM PARK SUBDIVISION shall be single family residences unless otherwise designated by zoning. Residents living together upon the premises as separate housekeeping unit in a domestic relationship based upon birth,' marriage, or other domestic bonds, shall be a "single family" for the purpose of defining a single family residence. 2. Unless written approval is first obtained from the Architectural Control Committee no sign of any kind shall be displayed to public view on any building or building site on said property except one (1) sign of not more than five (5) square feet advertising the property for sale or rent or signs used by the Developer or Lot Owner to advertise the property during the construction and sales period. If a property is sold or rented any sign relating thereto shall be removed immediately except the Declarant and only Declarant or its agent may post a "sold" sign for a reasonable period following a sale. One professional sign located in Front of the Subdivision with the name of said subdivision will be allowed and maintained by Declarant or its agent until termination of the said development or other arrangements and subsequent Lot Owners. 3. No animals livestock or poultry of any kind shall be raised and bred or kept on any part of said property, except dogs, cats numbering no more than two or other household pets, provided that such household pets are not kept bred or maintained for any commercial purpose, nor shall any dog or cat be kept which unreasonable bother or constitute a nuisance to other Owners of other Lots. 4. No part of.said property shall be used or maintained as a dumping ground for rubbish trash, garbage or any other water. No garbage trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. All equipment for the storage of disposal of such material shall be kept in a clean and sanitary conditon. 5. No noxious or offensive or unsightly conditions shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become annoyance or nuisance to the neighborhood. 6. No trailer, camper mobile home, camper -truck, tent, garage, barn shack or other outbuilding shall at anytime be used as a residence temporarily or permanently on any part of said property. 7. Parking of boats, snowmobiles on or off trailers, trailers, motor home, motorcycles, trucks, truck -campers, any recreational vehicle and like equipment or junk cars or other unsightly vehicles shall not be allowed on any part of said property nor on public ways adjacent thereto exception only within the confines of an enclosed garage or behind a fenced enclosure and no portion of same may project beyond the enclosed area except under such circumstances, if any, as may be prescribed by written permit approved by the Architectural Control Committee. All other parking of equipment shall be prohibited except as approved in writing by the Architectural Control Committee. 8. No garage door shall remain open for anytime period except during.ingress or egress of vehicles or individuals. DECLARATION, Page 3 9. No televisioetennas, radio aerials or sate we dishes shall be installed on the exterior of a residence, 10. No activity shall be conducted on or in any improvement ' located upon the Lot which is a might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said property; no open fire shall be lighted or permitted on the property except.in a self-contained barbecue unit while attended and in use for cooking purposes or within a city inspected and approved interior fireplace. 11. No lights shall be emitted from any Lot which light is unreasonably bright or causes unreasonable glare; no sound shall be emitted from any Lot which is unreasonably loud or annoying and no odor shall be emitted on any property which is noxious or offensive to others. ARTICLE IV BUILDING RESTRICTIONS All Lots and improvements hereon within said Subdivision shall be used exclusively as residential living purposes and such uses as are customarily incidental thereto, unless otherwise specified on a recorded plat or in a supplemental declaration covering a Lot within said Subdivision. 1. No Lot shall be improved except with a dwelling or residential structure or complex designed to accommodate no more than a single family and its servants and occasional guests as customarily incidental to a residence designed and constructed in accordance with the provisions of these covenants relating to approval by an Architectural Control Committee and containing a floor area not less than approved by the Architectural Control Committee and in compliance with all City of Meridian ordinances governing R-8 zoning and residential development. 2. No structure or above -ground improvement shall be permitted on any Lot which are detached or separated from the principal structure unless located within a reasonable compact area adjacent to the principal structure by fencing or other architectural features and in accordance with other requirements of these Covenants. 3. No dwelling or residential structure and no other structure or above ground improvements shall rise more than two (2) stories from the ground level unless approved by the Architectural Control Committee. No split entrees allowed. 4. No house trailer, tent, shack, unattached garage, barn or other outbuilding or structure shall be erected or placed on any Lot within said Subdivision except for construction and/or sales offices provided herein. 5. All residential building sites subject to these Covenants shall remain of the size and dimensions shown upon.the recorded plat shall referenced herein save and except where a change may be made in connection with the reservations relative to such a change made in accordance with the provisions of these Covenants and the law thereunto appertaining. DECLARATION, Page 4 6. No house, ga , outbuildings, fence or othe ructure shall be built, erected, plafflW, materially altered or materia ,y repaired including Nith (imitation the altering repair of surface colors or textures on any Lot in the Subdivision unless and until the building plan specifications and plot plan have been reviewed in advance by the Architectural Control Committee and the same has been approved condi.ti_onally or otherwise. Said review and approval shall include without being restricted to, topoqranhy, finish ground elevations landscaping drainage, color material design, artistic conformity to the terrain and other residences in the area, an architectural design shall apply only to the exterior appearance of said improvements. It shall not be the intent of these restrictions to control the interior layout or design of said structures. 7. No building or structure shall be moved onto said real property from any land outside said plat. 8. All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each lot. All recorded lots within this subdivision shall be subject to and restricted by the following recorded subdivision covenants: (a). A monthly sewer charge must be paid after connecting to the Meridian Citv public sewer systema according to the ordinances and laws of Meridian City. (b) Owner shall submit to Inspections and all requirements of City and County Government Officials, (cl The applicant/owner of this subdivision or lot or lots therein shall and hereby does vest in,Meridian City the right and power to bring all actions against the owner of the premises hereby conveyed or any part thereof for the collection of any charges herein required and to enforce the conditions herein stated. This covenant shall run with the land. g. Setback Restrictions - All dwellings constructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as defined in the Meridian City Ordinances unless a variance is qranted by the City through approved procedure. No buildinq shall be located on any lot nearer than twenty (20) feet to the front lot line; nearer than ten (10) feet to the rear lot line, on corner lots the side yard shall be minimum of twenty (20) feet on the side abuttinq the street. 10, All buildings shall be of frame, stone, brick, concrete or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners. Paint shall be colors that are not extremely bright or offensive. Roof to be composition or better, no gravel. 11. All residential buildings shall comply with square footage requirements required by Meridian City for R-8 zoning. Any houses less than 1300 square feet must have written approval from the Architectural Control Committee in order to insure compliance with city ordinances. All homes shall have an enclosed garage with a minimum of 400 square feet, adequate for at least two standard size automobiles DECLARATION, Page 5 0 i 12. Landscaping. Each builder or property owner within forty five (45) days of final yard grading shall plant at least two (2) 12" caliper, 5 gallon ornamental trees within ten (10) feet of front lot line, adjacent to street right of way. In case of corner lots, such trees shall be planted so that each side fronting on a street contains at least one tree. The remaining yard shall be grass and shrubs as appropriate. ARTICLE V APPROVAL OF CHANGES WITHIN SUBDIVISION 1. Criteria for approval. The Declarant shall have complete discretion to approve or disapprove of any change in the existing state of property within the Subdivision, but shall exercise such discretion with the following objectives in mind, among others: to prevent violation of any specific provision of this Declaration or any Supplemental Declaration; to carry out the general purposes expressed in the Declaration; to prevent any change which would be unsafe or hazardous to any persons or property; to minimize obstruction or diminution of the view of others; to preserve visual continuity of the area and to prevent a marked or unnecessary transition between improved and unimproved areas and any sharp definition of boundaries of property ownership; to assure that any changes will be of good and attractive design and in harmony with the natural setting of the area and will serve to preserve and enhance existing features of natural beauty; to assure that materials and workmanship for all improvements are of high quality comparable to other improvements in the area; and to assure that any change will require as little maintenance as possible as to assure a better appearing area under all conditions. 2. Conditions Precedent to Approval. Prior to expenditures of any substantial time or funds in planning of any propose change in the existing state of property within the Subdivision, the Owner of such property, other than Declarant, shall advise the Architectural Control Committee in writing of the general nature of the proposed change shall if requested by the Architectural Control Committee to discuss the proposed change; shall read or become familiar with any guides or guidelines which may have been prepared or formulated by the Architectural Control Committee; and shall, if requested by the Architectural Control Committee, furnish the Architectural Control Committee with preliminary plans and specifications for comment and review. After the nature and scope of a proposed change in existing state of such property is determined and prior to the commencement of work to accomplish such change Architectural Control Committee shall be furnished duplicate by such property owner other than Declarant, with a complete and full description of the proposed change in writing and with a plot plan covering the particular Lot, or other property drawn to such scale as may be reasonable by the Architectural Control Committee. Where buildings or other improvements which reasonably require plans and specifications be prepared by a practicing licensed architect a fee of $100.0.0 shall be paid to the Architectural Control Committee to cover costs and expenses of review, $75.00 of the fee may be waived by the Architectural Control Committee in its descretion if the plans and specifications furnished are prepared by a practicing licensed architect. Prior to giving approval to a proposed change in the existing state of property, at least one (1) member of the Architectural Control Committee shall physically inspect the property. No proposed change in the existing state of property shall be deemed to,have been approved by the Architectural Control DECLARATION, Page 6 I • Committee unless its approval is in writing executed by at least two (2) members of the Architectural Control Committee providing that approval shall be deemed given if the Architectural Control Committee fails to approve or disapprove a proposed change or to make additional requirements or request additional information within forty-five (45) days after a full and complete description of the proposed change has been furnished in writing to the Architectural Control Committee with a written and specific request for approval. A penalty of $100.00 shall be assessed any owner who does not comply with the above prescribed method of plan approval. 3. Prosecution of Work After Approval. After approval by the Architectural Control Committee of any proposed change of designation of property within the Subdivision, the proposed change shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed change and any plans and specifications therefore given to the Architectural Control Committee. Failure to accomplish the change within the six (6) months after date of approval (subject to strikes and acts of God) or to complete the proposed change strictly in accordance with the description thereof and plans and specifications therefore shall operate to automatically revoke the approval of the proposed change and, upon demand by the Architectural Control Committee, such property shall be restored as nearly as possible to its state existing prior to any work in connection with the proposed change. The Architectural Control Committee and its duly appointed agents may enter upon such property at any reasonable time or times to inspect the progress or status changes in the existing state of such property being made or which may have been made. The Architectural Control Committee shall have -the right and authority to record a notice to show that any particular change in the existing state of property has not been approved or that any approval given has been automatically revoked, ARTICLE VI FENCES AND HEDGES No fences, hedge or boundary wall situated upon a building site shall be constructed except upon approval of the Architectural Control Committee as provided in these covenants. Chain link fences and rail or pole fences are hereby prohibited on any residential parcel except where required by the Declarant or a'public agency to secure utility sites irrigation 9r drainage facilities or other public use as deemed necessary. Declarant may construct a perimeter fence on one (1) or more sides of the Subdivision and that portion of any such fence on the perimeter of the Lot where the same is situated shall be maintained by the subsequent owners thereof in a state of good condition and repair. The perimeter fence will not be owned by the Declarant, nor shall said fence be subject to maintenance by the Declarant.- DECLARATION, eclarant: DECLARATION, Page 7 • 1. Design. Subject to dimensional and location criteria which follow all fences which are placed on any residential parcel shall be of cedar of "grape -stake" construction or such other material as may be authorized at the discretion of the Architectural Control Committee. Hedges or other solid screen planting may be used along line barriers subject to the same height restrictions as fences. 2. Height and Location. No fence or hedge situated anywhere upon any building site shall be a height greater than six (6) feet or such other heights as the Architectural Control Committee may specify, above the finished graded surface of the ground which such fence or hedqe is situated. No fence or hedge with an elevation above three (3) feet shall be permitted in front of the dwelling structure, whichever is greater, without the prior special written consent of the Architectural Control Committee. 3. Sigh Obstruction. No fence, hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) 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 on the street lines or in the case of a rounded property corner from the intersection of a street property lines extended. The same sight -line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines or as conditions are required by Ada County Highway Department. 4. Spite Fences. The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the Declarant that any wall, fence, hedge or tree falls within the latter category shall be conclusive upon all parties. ARTICLE VII EASEMENTS 1. All Lots shall be served by underground utility lines. The services shall be installed in road or easement right-of-way as plated. Each Owner agrees at his sole expense to pay for costs and hook on charges as established by the utility companies for the underground service facilities, as a condition precedent to connection thereto. Declarant shall not be liable for the cost thereof but may recover funds advanced, if any to obtain preliminary installation. 2. The Declarant reserves such easements as shown and noted on said plat for the purpose of constructing water mains, electric distribution lines,.sewer lines, gas pipelines, and such other public utilities as shall be necessary, convenient and desirable of the Owners of said Lots and parcels henceforth. DECLARATION, Page 8 • L� 3. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channel in the easements. 4. An easement is hereby granted to the utility companies, its licensees successors and assigns, a permanent and perpetual easement and right of way, sufficient in width to install and maintain underground utilities, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground utilities, through, under and across said land, together with right, at the sole expense of Owner, to excavate and refill ditches and trenches for the location of said utilities, and further right to remove trees, bushes, sod flowers, shrubbery and other obstructions and improvements interfering with the location construction and maintenance of said utilities,on and across the following premises, belong to the said owner in Ada County, Idaho in the locations as designated and shown on the official Recorded Plat of the above described Subdivision. ARTICLE VIII RECIPROCAL EASEMENTS Each and every Owner purchasing a'Lot with the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto, Each owner by purchase of a Lot within the'Subdivision agrees that it shall be subject to the following reciprocal easements: 1. An easement for drainage is hereby declared to exist on each Lot for the benefit of the adjoining Lot(s): provided, that the Owner installing any drainage pipe., conduit, or other facility shall pay for any and all such imp+rovements!and cause the property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of this reciprocal easement. 2. Each Lot shall be subject to the minimum building setback requirements as applicable to the said property under the ordinances of Meridian City and the County of Ada, Idaho. 3. All Lots within the subject property shall be subject to a general utility and sanitary sewer easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. 4. All Lots shall be subject to a permanent public utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair for any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and through the said Subdivision, except within the area of foundation for residences. DECLARATION, Page 9 ARTICLE IX RESERVED EASEMENTS The Declarant for itself, its licensees and assigns, does hereby reserve all rights, title and interest in, and full power to vacate and relocate by instrument filed of record on platted land in Declarant's name, a right -of -way and easement for installation, maintenance and operation of utilities of any type or nature, and drainage and all incidence and appurtenances thereof, over on and across the above described real property as shown on the plat or reserved in any deed of Declarant, together with all rights of ingress and egress necessary for the full and complete use occupation and enjoyment of the easement hereby reserved, and all rights, and privileges incident thereto, including the right form time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance and repair of the electrical, telephone, or other utility system. Declarant further reserves to itself, its licensees, successors and assigns, the right and power to locate new, or to vacate and assigns any existing street or easement herein platted, as long as the Declarant owns each of the parcels which are adjacent to such street or easement and provides an adequate roadway in place of any vacated street as may be required for ingress or egress by adjacent Lot. Provided, any such vacations and relocations made in accordance with the minimum standards of the State of Idaho, Ada County, Idaho Laws, ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements and shall be effected only by instrument duly filed of record in said Ada County. The Owner waives any right wich he may have by statute or otherwise to object to any vacancies, relations vacations and dedication effected by Declarant in accordance with the provisions of this Section. ARTICLE X DECLARANT REPURCHASE OPTION The conveyance hereby made is further made subject to the condition and agreement by which the Owner agrees that within a period of one (1) year following the date of delivery of any deed of Declaration conveying any plot tract or lot the construction of a dwelling house in compliance with the restrictions herein will be commenced upon the described real property. The term "construction will be commenced" as used herein, shall require actual physical construction activities upon such dwelling house or structure upon said real property. In the event the Owner shall fail or refuse to commence construction of such dwelling house or structure within said one (1) year period, the Declarant shall have the discretionary option, but not the duty, to repurchase the above-described real property from the Owner or owners thereof at a repurchase price equal to the purchase paid the Declarant, less the amount equal to twenty percent (20%) thereof. In the event that the Declarant shall exercise its discretionary option to repurchase the said real property, the Owner or the then owners of said real property, shall, upon tender of payment of DECLARATION, Page 10 said real property, the Owner or the then owners of said real proprety, shall, upon tender of payment of said repurchase price mace, execute and deliver to the Declarant a good and sufficient deed reconveying to the'Declarant the above described real property. This provision shall be binding upon all persons who may at anytime hereafter, own or claim any right, title or interest in and to said real property, whether acquired by voluntary act or through operation of law. ARTICLE XI PROSECUTION OF CONTRCTION WORK The construction of the dwelling house and structures shall be prosecuted diligently continuously and without delays from time of commencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance including finished painting, yeard turfing and landscaping, within eight (8) months from the date of commencement of construction. ARTICLE XII GENERAL PROVISIONS I. Enforcement. The Declarant or any Owner, or the Owner of any recorded mortgage upon any part of said property, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions covenants reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant or by any Owner to enforce any covenant or restriction herein contained shall in no event be deem a waiver of the right to do so thereafter. In the event suit is brought to enforce the covenants contained herein the Declarant shall be entitled to recover a reasonable attorney fee in addition to allowable costs form owner. 2. Severability. Invalidation of any One (1) of these covenants or restrictions by judgement or court order shall in no wise affect any other provisions which shall remain in full force and effect. 3. Term of Restriction sand Amendment. These Restrictions shall run with the land described herein and shall be binding upon the parties thereto and all successors in title or interest to said real property or any part there until January 1, 2020 at which time said restrictions shall be automatically extended for successive time periods of ten (10) years unless the Owner or Owners of the legal title to not less than two-thirds (2/3) of the platted Lots by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said restrictions. Such termination or amendment shall become effective upon the filing of such instrument or instruments of record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in which these Restrictive Covenants are set forth, and all amendments thereof. 4. No Right of Reversion. Nothing herein contained in this Declaration or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property, or any part thereof shall be deemed to vest or reserve in Declarant any right of reversion or reentry for breach or violation of any one (1) or more of the provisions hereof. DECLARATION, Page 11 5. Benefit of Provision -Waiver. The provisions contained in the Declaration shall bind and inure to the benefit of and be enforceable by the Declarant and the Owner or Owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by any of the Property Owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 6. Assignment of Declarant. Any or all rights, powers and reservations of Declarant herein contained may be assigned to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of the Declarant hereunder pertaining to the particular rights, powers and reservations assigned and upon any such corporation or association evidencing its intent in writing to accept such assignment and assume such duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by the Declarant alone, so long as it owns any interest in any portion of said property. i 7. Special Notice Regarding irrigation Assessments. The Declarant has made no provisions for delivery or use of district water on the property and none are planned. However, until and if;the district approves a petititon seeking removal of the property for the district, the property will remain liable for district assessments. 8. Amendment. This Declaration of Restrictive Covenants may be amended by written instrument dully notiarized containing the signatures of not less than two-thirds (2/3) of the Lot Owners within the Subdivision, 9. Appointment of New Committee. A new member of the Architectural Control Committee may be appointed if approved by a majority of the existing and duly appointed committee. The new member shall take the place of and have all the rights and powers of the committee member replaced. 10. Hold Harmless Clause. Declarant is hereby held harmless and exempt from any liability whatsoever that may come from any action that may be taken against Declarant pertaining to the above Articles of Declaration. The Architectural Control Committee is held harmless from any errors or ommissions pertaining to its responsibilities as designated in these Articles of Declaration. DECLARATION, Page 12 IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of , 1989. The Westpark Company, Inc. Gregory.B. Johnson, President STATE OF IDAHO ) ss. County of Ada On this day of , 1989, before me, the undersigned a Notary Public in and for said State, personally appeared Gregory B. Johnson, known to me to be the President, The Westpark Company, Inc., that executed within instrument and acknowledge to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this Certificate first above written. Notary Public for Idaho Residing at Boise, Idaho Commission Expires P DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION FOR GEM PARK SUBDIVISION Dated: August 21, 1989 Recorded: Instrument No.: THIS DECLARATION is made on the date hereinafter set forth by the undersigned, hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as "said property", more particularly described as follows: GEM PARK SUBDIVISION - City of Meridian, County of Ada, State of Idaho. All property and residential lots within LAKE SIDE ESTATES No. II. according to the official plat thereof, on file in the office of the County Recorder, ada County, Idaho, as shown by Book of plats at pages and records of ada County, Idaho. NOW, THEREFORE, Declarant hereby declares that all of the said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. Said easements, covenants, restrictions, conditions and reservations shall constitute covenants to run with the land and these conditions, covenants restrictions, easements and reservations shall inure to the benefit of and be limitations upon all future owners of said property, or any interest therein. ARTICLE I DEFINITIONS Whenever used in the Declaration, the following terms shall have the following meanings: 1. "Said property" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Declarant. 2. "Lot" shall mean and refer to every lot of land described in the preamble to this Declaration. No Lot shall be divided into two or more building sites, except as provided for herein or with the prior written consent of the Declarant. DECLARATION, Page 1 3. "Owner" sha&mean and refer to the record or of a fee simple title to any lot (including contract sellers), whether one (1) or more persons or entities, excluding those having such interest merely as security for the performance of any obligation. 4. "Declarant" or "Developer" shall mean and refer to the undersigned its successors, heirs and assigns. 5. "Building Site" shall mean and refer to a Lot or to any parcel of said property under one (1) ownership which consists of a portion of I one (1) of such Lots or contiguous portions of two (2) or more contiguous Lots if a building is constructed thereon. 6. "Setback" means the minimum distance between the dwelling unit or other structure referred to and a given street or road or lot line all of which shall be in accordance with the applicable zoning regulations of the City of Meridian, Idaho. 7. "Mortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgages" shall refer to the mortgage or beneficiary of a deed of trust and "Mortgagor" shall refer to the mortgagor or Declarant of a deed of trust. ARTICLE II ARCHITECTURAL CONTROL COMMITTEE An Architectural Control Committee is hereby created to approve all improvements within the Subdivision. The approval shall be in writing and shall be in accordance with the terms, conditions and standards set forth herein. The Architectural Control Committee shall be comprised of Greg and Heidi Johnson. The Architectural Control Committee shall consist of at least two people. Declarant may remove any member of the committee any time and may appoint new or additional members at anytime. Each Owner shall submit a written request for approval of plans, specifications and elevations of proposed improvements upon Lots within the GEM PARK SUBDIVISION. In the event said Architectural Control Committee fails to approve or disapprove the plans, specifications and elevations within thirty (30) days after said plans, specifications and elevations have been submitted in writing by certified mail, approval shall not be required and the Article shall be deemed to have been fully complied with. The Architectural Control Committee may, in its discretion require that other documents be submitted to it in accordance with the terms and conditions of the Declaration. ARTICLE III PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the real property located in GEM PARK SUBDIVISION and shall be for the benefit of, and limitation upon, all present and future Owners of said property or any interest therein. DECLARTION, Page 2 1. All improvements constructed upon Lots within the GEM PARK SUBDIVISION shall be single family residences unless otherwise designated by zoning. Residents living together upon the premises as separate housekeeping unit in a domestic relationship based upon birth, marriage, or other domestic bonds, shall be a "single family" for the purpose of defining a single family residence. 2. Unless written approval is first obtained from the Architectural Control Committee no sign of any kind shall be displayed to public view on any building or building site on said property except one (1) sign of not more than five (5) square feet advertising the property for sale or rent or signs used by the Developer or Lot Owner to advertise the property during the construction and sales period. If a property is sold or rented any sign relating thereto shall be removed immediately except the Declarant and only Declarant or its agent may post a "sold" sign for a reasonable period following a sale. One professional sign located in Front of the Subdivision with the name of said subdivision will be allowed and maintained by Declarant or its agent until termination of the said development or other arrangements and subsequent Lot Owners. 3. No animals livestock or poultry of any kind shall be raised and bred or kept on any part of said property, except dogs, cats numbering no more than two or other household pets, provided that such household pets are not kept bred or maintained for any commercial purpose, nor shall any -dog or cat be kept which unreasonable bother or constitute a nuisance to other Owners of other Lots. 4. No part of said property shall be used or maintained as a dumping ground for rubbish trash, garbage or any other water. No garbage trash or other waste shall be kept or maintained on any part of said property except in a sanitary container. All equipment for the storage of disposal of such material shall be kept in a clean and sanitary conditon. 5. No noxious or offensive or unsightly conditions shall be permitted upon any part of said property, nor shall anything be done thereon which may be or become annoyance or nuisance to the neighborhood. 6. No trailer, camper mobile home, camper -truck, tent, garage, barn shack or other outbuilding shall at anytime be used as a residence temporarily or permanently on any part of said property. 7. Parking of boats, snowmobiles on or off trailers, trailers, motor home, motorcycles, trucks, truck -campers, any recreational -vehicle and like equipment or junk cars or other unsightly vehicles shall not be allowed on any part of said property nor on public ways adjacent thereto exception only within the confines of an enclosed garage or behind a fenced enclosure and no portion of same may project beyond the enclosed area except under such circumstances, if any, as may be prescribed by written permit approved by the Architectural Control Committee. All other parking of equipment shall be prohibited except as approved in writing by the Architectural Control Committee. 8. No garage door shall remain open for anytime period except during ingress or egress of vehicles or individuals. DECLARATION, Page 3 19. No television antennas, radio aerials or s1leollite dishes shall be installed on the exterior of a residence. 10. No activity shall be conducted on or in any improvement located upon the Lot which is a might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said property; no open fire shall be lighted or permitted on the property except in a self-contained barbecue unit while attended and in use for cooking purposes or within a city inspected and approved interior fireplace. 11. No lights shall be emitted from any Lot which light is unreasonably bright or causes unreasonable glare; no sound shall be emitted from any Lot which is unreasonably loud or annoying and no odor shall be emitted on any property which is noxious or offensive to others. ARTICLE IV BUILDING RESTRICTIONS All Lots and improvements hereon within said Subdivision shall be used exclusively as residential living purposes and such uses as are customarily incidental thereto, unless otherwise specified on a recorded plat or in a supplemental declaration covering a Lot within said Subdivision. 1. Except as provided herein no Lot shall be improved except with a dwelling or residential structure or complex designed to accommodate no more than a single family and its servants and occasional guests as customarily incidental to a residence designed and constructed in accordance with the provisions of these covenants relating to approval by an Architectural Control Committee and containing a floor area not less than approved by the Architectural Control Committee. Lots 21 through 30 will allow single family or duplex construction as allowed by R-8 Zoning in the City of Meridian. 2. No structure or above -ground improvement shall be permited on any Lot which are detached or separated from the principal structure unless located within a reasonable compact area adjacent to the principal structure by fencing or other architectural features and in accordance with other requirements of these Covenants. 3. No dwelling or residential structure and no other structure or above ground improvements shall rise more than two (2) stories from the ground level unless approved by the Architectural Control Committee. No split entrees allowed. 4. No house trailer, tent, shack, unattached garage, barn or other outbuilding or structure sahll be erected or placed on any Lot within said Subdivision except for construction and/or sales offices provided herein. 5. All residential building sites subject to these Covenants shall remain of the size and dimensions shown upon the recorded plat shall referenced herein save and except where a change may be made in connection with the reservations relative to such change made in accordance with the provisions of these Covenants and the law thereunto appertaining. DECLARATION, Page 4 6. No houseage, outbuildings, fence or o structure shall be built erected, pla d, materially altered or materia y repaired including without limitation the altering repair of surface colors or textures on any Lot in the Subdivision unless and until the building plan specifications and plot plan have been reviewed in advance by the Architectural Control Committee and the same has been approved conditionally or otherwise. Said review and approval shall include without being restricted to, topography, finish ground elevations landscaping drainage, color material design, artistic conformity to the terrain and other residences in the area, an architectural design shall apply only to the exterior appearance of said improvements. It shall not be the intent of these restrictions to control the interior layout or design of said structures. 7. No building or structure shall be moved onto said real property from any land outside said plat. B. All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines which have been provided to each lot. All recorded lots within this subdivision shall be subject to and restricted by the following recorded subdivision covenants: (a) A monthly sewer charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. (b) Owner shall submit to inspections and all requirements of City and County Goverment Officials. (c) The applicant/owner of this subdivision or lot or lots therein shall and hereby does vest in Meridian City the right and power to bring all actions against the owner of the premises hereby conveyed or any part thereof for the collection of any charges herein required and to enforce the conditions herein stated. This covenant shall run with the land. 9. Setback Restrictions - All dwellings contructed upon said property shall conform to the setback restrictions as follows unless specifically waived in writing by the Archtiectural Control Committee. In no case can the Architectural Control Committee grant a vaiance to less than the setback as defined in the Meridian City Ordinances unless a variance is granted by the City through approved procedure. No building shall be located on any lot nearer than twenty (20) feet to the front lot line; nearer than ten (10) feet to the rear lot line, on corner lots the side yard shall be minimum of twenty (20) feet on the side abutting the street. 10. All buildings shall be of frame stone brick concrete or block construction and, if other than brick or stone, shall be finished and painted and kept in good repair, and said property shall be used in such manner as to be inoffensive to any other property owners. Paint shall be colors that are not extremely bright or offensive. Roof to be composition or better no gravel. 11. All residential buildings shall be of a least 1300 square feet in size and shall be required to have a minimum 300 square foot garage, adequate to shelter at least one standard size automobile. DECLARATION, Page 5 12. Landscaping. Each builder or property owner within forty five (45) days of final yard grading shall plant at lease (2) 1k"caliper, 5 gallon ornamental trees within ten (10) feet of front lot line, adjacent to street right of way. In case of corner lots, such trees shall be planted so that each side fronting on a street contains at least one tree. The remaining yard shall be grass and shrubs as appropriate. ARTICLE V APPROVAL OF CHANGES WITHIN SUBDIVISION 1. Criteria for approval. The Declarant shall have complete discretion to approve or disapprove of any change in the existing state of property within the Subdivision, but shall exercise such discretion with the following objectives in mind, among others: to prevent violation of any specific provision of this Declaration or any Supplemental Declaration; to carry out the general purposes expressed in the Declaration; to prevent any change which would be unsafe or hazardous to any persons or property; to minimize obstruction or diminution of the view of others; to preserve visual continuity of the area and to prevent a marked or unnecessary transition between improved and unimproved areas and any sharp definition of boundaries of property ownership; to assure that any changes will be of good and attractive design and in harmony with the natural setting of the area and will serve to preserve and enhance existing features of natural beauty; to assure that materials and workmanship for all improvements are of high quality comparable to other improvements in the area; and to assure that any change will require as little maintenance as possible as to assure a better appearing area under all conditions. 2. Conditions Precedent to Approval. Prior to expenditures of any substantial time or funds in planning of any proposed change in the existing state of property within the Subdivision, the Owner of such property, other than Declarant, shall advise the Architectural Control Committee in writing of the general DECLARATION, Page 4. 2. Conditions Precedent to Approval. Prior to expenditures of any substantial time or funds in planning of any propose change in the existing state of property within the Subdivision, the Owner of such property, other than Declarant, shall advise the Architectural Control Committee in writing of the general nature of the proposed change shall if requested by the Architectural Control Committee to discuss the proposed change; shall read or become familiar with any guides or guidelines which may have been prepared or formulated by the Architectural Control Committee; and shall, if requested by the. Architectural Control Committee, furnish the Architectural Control Committee with preliminary plans and specifications for comment and review. After the nature and scope of a proposed change in existing state of such property is determined and prior to the commencement of work to accomplish such change Architectural Control Committee shall be furnished duplicate by such property owner other than Declarant, with a complete and full description of the proposed change in writing and with a plot plan covering the particular Lot, or other property drawn to such scale as may be reasonable by the Architectural Control Committee. Where buildings or other improvements which reasonably require plans and specifications be prepared by a practicing licensed architect a fee of $100.00 shall be paid to the Architectural Control Committee to cover costs and expenses of review, $75.00 of the fee may be waived by the Architectural Control Committee in its descretion if the plans and specifications furnished are prepared by a practicing licensed architect. Prior to giving approval to a proposed DECLARATION, Page 6 change in the existing state of property, at least one (1) member of the Architectural Control Committee shall physically inspect the property. No proposed change in the existing state of property shall be deemed to have been approved by the Architectural Control Committee unless its approval is in writing executed by at least two (2) members of the Architectural Control Committee providing that approval Shall be deemed given if the Architectural Control Committee fails to approve or disapprove a proposed change or to make additional requirements or request additional information within forty-five (45) days after a full and complete description of the proposed change has been furnished in writing to the Architectural Control Committee with a written and specific request for approval. A penalty of $100.00 shall be assessed any owner who does not comply with the above prescribed method of plan approval. 3. Prosecution of Work After Approval. After approval by the Architectural Control Committee of any proposed change of designation of property within the Subdivision, the proposed change shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed change and any plans and specifications therefore given to the Architectural Control Committee. Failure to accomplish the change within the six (6) months after date of approval (subject to strikes and acts of God) or to complete the proposed change strictly in accordance with the description thereof and plans and specifications therefore shall operate to automatically revoke the approval of the proposed change and, upon demand by the Architectural Control Committee, such property shall be restored as nearly as possible to its state existing prior to any work in connection with the proposed change. The Architectural Control Committee and its duly appointed agents may enter upon such property at any reasonable time or times to inspect the progress or status changes in the existing state of such property being made or which may have been made. The Architectural Control Committee shall have the right and authority to record a notice to show that any particular change in the existing state of property has not been approved or that any approval given has been automatically revoked. ARTICLE VI FENCES AND HEDGES No fences, hedge or boundary wall situated upon a building site shall be constructed except upon approval of the Architectural Control Committee as provided in these covenants. Chain link fences and rail or pole fences are hereby prohibited on any residential parcel except where required by the Declarant or a public agency to secure utility sites irrigation or drainage facilities or other public use as deemed necessary. Declarant may construct a perimeter fence on one (1) or more sides of the Subdivision and that portion of any such fence on the perimeter of the Lot where the same is situated shall be maintained by the subsequent owners thereof in a state of good condition and repair. The perimeter fence will not be owned by the Declarant, nor shall said fence be subject to maintenance by the Declarant. DECLARATION, Page 7 1. Design. Subject to dimensional and location criteria which follow all fences which are place on any residential parcel shall be of cedar or "grape -stake" construction or such other material as may be authorized at the discretion of the Architectural Control Committee. Hedges or other solid screen planting may be used a lot line barriers subject to the same height restrictions as fences. 2. Height and Location. No fence or hedge situated anywhere upon any building site shall be a height greater than six (6) feet or such other heights as the Architectural Control Committee may specify, above the finished graded surface of the ground which such fence or hedge is situated. No fence or hedge with a elevation above three (3) feet shall be permitted in front of the dwelling structure, whichever is greater, without the prior special written consent of the Architectural Control Committee. 3. Sight Obstruction. No fence, hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) 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 connection them at points twenty-five (25) feet from the intersection on the street lines or in the case of a rounded property corner from the intersection of a street property lines extended. The same sight -line limitations shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines or as conditions are required by Ada County Highway Department. 4. Spite Fences. The construction or maintenance of a spite fence or spite tree shall be prohibited upon any building site. The determination by the Declarant that any wall, fence, hedge or tree falls within the latter category shall be conclusive upon all parties. ARTICLE VII EASEMENTS 1. All Lots shall be served by underground utility lines. The services shall be installed in road or easement right-of-way as plated. Each Owner agrees at his sole expense to pay for costs and hook on charges as established by the utility companys for the underground service facilities, as a condition precedent to connection thereto. Declarant shall not be liable for the cost thereof but may recover funds advanced, if any to obtain preliminary installation. 2. The.Declarant reserves such easements as shown and noted on said plat for the purpose of constructing water mains, electric distribution lines, sewer lines, gas pipelines and such other public utilities as shall be necessary, convenient and desirable of the Owners of said Lots and parcels henceforth. DECLARATION, Page 8 G 3. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot except for those improvements for which a public authority or utility company is responsible. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channel in the easements. 4. An easement is hereby granted to the utility companies, its licensees successors and assigns, a permanent ad perpetual easement and right of way, sufficient it width the install and maintain.underground utilities, including the perpetual right to enter upon the real estate hereinafter described, at all reasonable times, to construct, maintain and repair underground utilities, through, under and across said land, together with right, at the sole expense of Owner, to excavate and refill ditches and trenches for the location of said utilities, and further right to remove threes, bushes, sod flowers shrubbery and other obstructions and improvements interfering with the location construction and maintenance of said utilities on and across the following premises, belong to the said owner in Ada County, Idaho in the locations as designated and shown on the official Recorded Plat of the above described Subdivision. ARTICLE VIII RECIPROCAL EASEMENTS Each and every Owner purchasing a Lot with the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each owner by purchase of a Lot within the Subdivision agrees that it shall be subject to the following reciprocal easements: 1. An easement for drainage is hereby declared to exist on each Lot for the benefit of the adjoining Lot(s): provided, that the Owner installing any drainage pipe, conduit, or other facility shall pay for any and all such improvements and cause the property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of this reciprocal easement. 2. Each Lot shall be subject to the minimum building setback requirements as applicable to the said property under the ordinances of the County of Ada, Idaho. 3. All Lots_ within the subject property shall be subject to a .general utility and sanitary sewer easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. 4. All Lots shall be subject to a permanent public utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair for any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and through the said Subdivision, except within the area of foundation for residences. DECLARATION, Page 9 • ARTICLE IX RESERVED EASEMENTS The Declarant for itself, its licensees and assigns, does hereby reserve all rights, title and interest in, and full power to vacate and relocate by instrument filed of record on platted land in Declarant's name, a right -of -way and easement for installation, maintenance and operation of utilities of any type or nature, and drainage and all incidence and appurtenances thereof, over on and across the above described real property as shown on the plat or reserved in any deed of Declarant, together with all rights of ingress and egress necessary for the full and complete use occupation and enjoyment of the easement hereby reserved, and all rights, and privileges incident thereto, including the .right form time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance and repair of the electrical, telephone, or other utility system. Declarant further reserves to itself, its licensees, successors and assigns, the right and power to locate new, or to vacate and assigns any existing street or easement herein platted, as long as the Declarant owns each of the parcels which are adjacent to such street or easement and provides an adequate roadway in place of any vacated street as may be required for ingress or egress by adjacent Lot. Provided, any such vacations and relocations made in accordance with the minimum standards of the State of Idaho, Ada County, Idaho Laws, ordinances and regulations thereunder in relation to platting in effect at the time of the construction of improvements and shall be effected only by instrument duly filed of record in said Ada County. The Owner waives any right wich he may have by statute or otherwise to object to any vacancies, relations vacations and dedication effected by Declarant in accordance with the provisions of this Section. ARTICLE X DECLARANT REPURCHASE OPTION The conveyance hereby made is further made subject to the condition and agreement by which the Owner agrees that within a period of one (1) year following the date of delivery of any deed of Declaration conveying any plot tract or lot the construction of a dwelling house in compliance with the restrictions herein will be commenced upon the described real property. The term "construction will be commenced" as used herein, shall require actual physical construction activities upon such dwelling house or structure upon said real property. In the event the Owner shall fail or refuse to commence construction of such dwelling house or structure within said one (1) year period, the Declarant shall have the discretionary option, but not the duty, to repurchase the above-described real property from the Owner or owners thereof at a repurchase price equal to the purchase paid the Declarant, less the amount equal to twenty percent (20.9) thereof. In the event that the Declarant shall exercise its discretionary option to repurchase the said real property, the Owner or the then owners of said real property, shall, upon tender of payment of DECLARATION, Page 10 said real property, the Owner or the then owners of said real proprety, shall, upon tender of payment of said repurchase price make, execute and deliver to the Declarant a good and sufficient deed reconveying to the Declarant the above described real property. This provision shall be binding upon all persons who may at anytime hereafter, own or claim any right, title or interest in and to said real property, whether acquired by voluntary act or through operation of law. ARTICLE XI PROSECUTION OF CONTRCTION WORK The construction of the dwelling house and structures shall be prosecuted diligently continuously and without delays from time of commencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance including finished painting, yeard turfing and landscaping, within eight (8) months from the date of commencement of construction. ARTICLE XII GENERAL PROVISIONS 1. Enforcement. The Declarant or any Owner, or the Owner of any recorded mortgage upon any part of said property, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions covenants reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Declarant or by any Owner to enforce any covenant or restriction herein contained shall in no event be deem a waiver of the right to do so thereafter. In the event suit is brought to enforce the covenants contained herein the Declarant shall be entitled to recover a reasonable attorney fee in addition to allowable costs form owner. 2. Severability. Invalidation of any One (1) of these covenants or restrictions by judgement or court order shall in no wise affect any other provisions which shall remain in full force and effect. 3. Term of Restriction sand Amendment. These Restrictions shall run with the land described herein and shall be binding upon the parties thereto and all successors in title or interest to said real property or any part there until January 1, 2020 at which time said restrictions shall be automatically extended for successive time periods of ten (10) years unless the Owner or Owners of the legal title to not less than two-thirds (2/3) of the platted Lots by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said restrictions. Such termination or amendment shall become effective upon the filing of such instrument or instruments of record in the office of the Recorder of Ada County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in which these Restrictive Covenants are set forth, and all amendments thereof. 4. No Right of Reversion. Nothing herein contained in this Declaration or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property, or any part thereof shall be deemed to vest or reserve in Declarant any right of reversion or reentry for breach or violation of any one (1) or more of the provisions hereof. DECLARATION, Page 11 C: 1 5. Benefit of Provisiari;419k--ver. The provisions contained in the Declaration shall bind and inure to the benefit of and be enforceable by the Declarant and the Owner or Owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by any of the Property Owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 6. Assignment of Declarant. Any or all rights, powers and reservations of Declarant herein contained may be assigned to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of the Declarant hereunder pertaining to the particular rights, powers and reservations assigned and upon any such corporation or association evidencing its intent in writing to accept such assignment and assume such duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by the Declarant alone, so long as it owns any interest in any portion of said property. 7. Special Notice Regarding Irrigation Assessments. The Declarant has made no provisions for delivery or use of district water on the property and none are planned. However, until and if the district approves a petition seeking removal of the property for the district, the property will remain liable for district assessments. 8. Amendment. This Declaration of Restrictive Covenants may be amended by written instrument dully notiarized containing the signatures of not less than two-thirds(2/3) of the Lot Owners within the Subdivision. 9. Appointment of New Committee. A new member of the Architectural Control Committee may appointed if approved by a majority of the existing and duly appointed committee. The new member shall take the place of and have all the rights and powers of the committee member replaced. 10. Hold Harmless Clause. Declarant is hereby held harmless and exempt from any liability whatsoever that may come from any action that may be taken against Declarant pertaining to the above Articles of Declaration. The Architectural Control Committee is held harmless from any errors or omissions pertaining to its responsibilities as designated in these Articles of Declaratin. DECLARATION, Page 12 a • IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of s, 1989. The Westpark Company, Inc. Gregory B. Johnson, President STATE OF IDAHO ) ss. County of Ada ) On this day of , 1989, before me, the undersigned a Notary Public in and for said State, personally appeared Gregory B. Johnson, known to me to be the President, The Westpark Company, Inc., that executed within instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this Certificate first above written. Notary Public For Idaho Residing at Boise, Idaho Commission Expires BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WESTPARK COMPANY GEMPARK II PARTNERSHIP ANNEXATION AND ZONING PORTION OF SECTION 20, T. 3N, R. 1E, BOISE MERIDIAN MERIDIAN, IDAHO. FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing February 14, 1995, at the hour of 7:30 o'clock p.m., Wayne Forrey, representing the Petitioner, appeared in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That notice of a public hearing on the request for annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 14, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 14, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and copies of all notices were available to newspaper, radio and television stations. 2. The property is approximately 180.9 acres; that the property is located near and adjacent to the City of Meridian and that the Applicant is not the owner of the property; that the owners are: Dale A. or Pamela G. Nixon, Harold Killgore and GEMPARK II - ANNEXATION FF & CL Page - 1 Rayelene Allen, Clayton or Susan Record, Richard S. or Linda E. Schaffer and Sally D. Martin; that each of the above mentioned parties are the titled owners of certain parcels and each have granted their permission for this application and to be annexed. 3. That the Application requests annexation and zoning of R- 8 Medium Density Residential, R-15, Medium High Density Residential and L -O, Limited Office, to be developed for future land use of mixed residential, a school, park, pathway, public and limited office. At the Public Hearing Wayne Forrey explained the proposed development. He discussed the various planning in the Meridian Comprehensive Plan; he stated that they wanted to only submit an annexation request, and not a plat so they could put all the comments together and come up with a good preliminary plat; that a lot of different types of home sites would occur in the area along south Locust Grove Road; that there would be a lot of green space, trails, parks, landscaping, nice entrances and cul-de-sacs, pathways, and some cluster homes which would fill a market need in Meridian; that there would be a multi -family portion in the subdivision near Eagle road and the Ridenbaugh Canal; he stated that there are some zoning constraints in the R-4 zoning because it requires an 80 foot frontage, a 100 foot depth, and at least a 1,400 square foot home; that his research indicated that 73% of potential home buyers cannot afford that R-4 type of housing; that there is big market for homes in the 1,000 square foot size; that there a lot of vacant R-4 lots in Meridian. Mr. Forrey went on to state that the Meridian Comprehensive GEMPARK II - ANNEXATION FF & CL Page - 2 Plan indicates mixed residential for the area where the subdivision is located so they took the approach.of an R-8 and an R-15 zoning request with a density development agreement; that the R-8 and R-15 allows lot widths to be 65 and 50 feet and with those sizes they can creatively meet different housing styles and costs; that their R-8 and R-15 request was not to get 8 and 15 units per acre, but to get the flexibility in the Zoning Ordinance that allows 50, 55, 60, and 65 foot wide lots; that the overall density would be 3.94 units to the acre; he stated that the Schaffer property would be L-0 and R-8, the Rillgore property R-8, the Record property R-8, with the property on the east side of the Ridenbaugh Canal, the Nixon and Martin properties, being R-15; he stated that the R-15 was to allow a more flexible lot dimension. He also stated that the project amenities included 4.9 acres for a school site, 7.8 acres for neighborhood greenbelt and open space, an additional 7.8 acres that would be donated to the home owners association for recreation and maintenance, a full pedestrian path along the Ridenbaugh Canal that is over a mile long, two pedestrian bridges to connect the neighborhoods and the school, 4,000 feet of green belt paths, a home owners association for paid professional maintenance of the grounds and seven neighborhood mini -parks and open space areas. He later stated that a well site and a 160 X 160 foot square site for a fire station, would be donated to the City, and that there would be a berm with pine trees placed along Locust Grove, Victory, and Eagle Road; that the ditches would be tiled, a school site would be donated to the GEMPARR II - ANNEXATION FF & CL Page - 3 City and made available to the School District. He stated there were six integrated housing choices, which would be luxury homes with lots between 9,000 and 9,700 square feet and 1,600 square foot sized homes and larger; the next choice would be executive home sites with 8,140 to 8,800 square foot lots and homes would be 1,400 square feet; then green belt home sites would be on a little smaller lot and that this where we need the R-8 or R-15 but it would allow 6,000 square foot lots to maybe 7,700 and they would build a 1,000 square foot home or larger; the next was the keyhole home sites which would be down to 5,000 to 6,000 square foot lots and a 900 square foot home; then there were lifestyle homes of 1,400 square foot single-family detached homes with the owner owning the home but the yard maintenance would be done by the home owners association; that there would be 51 Luxury home sites, 112 Executive, 196 Greenbelt, 93 Keyhole, 52 Lifestyle and 178 Multi -family (Apartments). He further stated that all entryways would be landscaped prior to any lot sales, that there would be a landscaped berm on Eagle Road as a buffer, that a traffic calming design with every home having linkage to two arterials; he showed slides of the Pines Subdivision in Ketchum, Idaho, which he stated their subdivision would be similar to; he also stated that there would be transition buffers to adjacent home owners and they would design the plat with input from any property owner that is next to the project; that it was not their intent to develop a trailer park and if the City felt that contract zoning was desirable that was fine with them and they GEMPARK II - ANNEXATION FF & CL Page - 4 would enter into a development agreement listing the possible uses; he stated that water for pressurized irrigation would come from either wells or existing irrigation water rights on the site. Mr. Forrey also submitted a list of development conditions, which are incorporated herein as if set forth in full. 4. That most of the property is presently zoned by Ada County as R -T, Rural Transition, with a two acre parcel in the northeast portion of the land zoned as R-2; that the Application requests that the parcel be annexed and zoned R-8, R-15 and L -O; the land is adjacent and abutting to Sundance Subdivision which has been annexed into the City of Meridian. 5. The general area is used for farming with a few home sites. 6. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 7. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 8. That the R-8 and R-15 Residential Districts and the L -O Districts are described in the Zoning Ordinance, 11-2-408 B. 4, 5 and 7, as follows: (R-8) Medium Density Residential District: The purpose of the (R-8) Districts 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 GEMPARR II - ANNEXATION FF & CL Page - 5 land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. (R-15) Medium High Density Residential District - The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi -family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, town houses, apartment buildings and condominiums. _(L -O) Limited Office District - The purpose of the (L -O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The (L -O) District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer systems of the City of Meridian is a requirement in this district. 9. At the hearing Herbert Papenfuss testified that his property, containing three (3) acres, is right across the street from the Nixon parcel; that he was not contacted regarding this application; that he is opposed to this proposed application; that the traffic increase, since the Eagle Road Interchange, has devalued his property; that he does not see the need to impact this area with that much housing. 10. That John Shipley gave testimony regarding that his property is at the northwest corner of this development; that he is not opposed to the application; that if the developer would stub in a sewer line up to the back side of the drain ditch it would allow GEMPARK II - ANNEXATION FF & CL Page - 6 him to, some time in the near future, develop his property by either building some low level town houses or an RV parking facility. 11. Mr. Wes Garve testified that he has.lived for eight (8) years on better than five ( 5 ) acres located on the east side of Eagle Road, across from the project; that he sees no need for the saturation of more housing in this area; that he is the ditch manager for the lateral; that domestic wells cannot be used for irrigation for this would cause wells to be lowered and many have had to redrill at a cost between $6,000 and $10,000.00. 12. Torie McAlvain testified regarding his concerns as to the type and size of homes proposed; he questioned whether the homes will be as Mr. Forrey indicated that they would be, similar to the Ketchum Pines project; that he, too, is concerned about the traffic and the impact of home values. 13. Jim Allen, Marvin Hansen, Mary Creech, Lydia Aguire all testified with the common concern over traffic increase; Ms. Aguire also questioned the density, irrigation and property values being affected. 14. Mac Harris, representing his father and Bonnie Glick, offered testimony regarding their concerns over the density being too high; that the lifestyle in this rural area has been enjoyable; that Ms. Glick questions domestic wells for irrigation; that they will have to drill deeper and they can't afford to incur that cost; that lower level homes would be preferred; that the quality of life would certainly change the enjoyable rural lifestyle they now all GEMPARK II - ANNEXATION FF & CL Page - 7 enjoy; that the schools are already busting at the seams; that Mr. Harris stated that the proposed fire station should not be on the east end of the project at Eagle Road, but that he is in favor of the annexation because the developer favors people doing what they want with their property. That Mr. and Mrs. Glick submitted a letter which also stated they did.not want more than four houses per acre, that they wanted a berm with a solid screen of pine trees and a high quality fence and that the covenants be in place for this development so there are no junk cars and trash. 15. Diane Beaulieu offered testimony regarding her concern as to what is going to make the developer comply with what they've represented and reality. 16. That David Lombardy, representing James Griffen, who owns the 80 acre parcel to the north of this project, north of the Ridenbaugh Canal, testified that Mr. Griffen has no objection to this property being annexed and that the Ada County Highway District has suggested putting a road across the canal with the developer planning a foot bridge; that the understanding is clearly that there is no preliminary plat of this application to this point. 17. Matt Caris, representing his parents, testified regarding the density, at least on Nixon's property; that his folks would not be crazy about having apartments along that property; that the proposed fire station would be better closer towards the Ridenbaugh canal rather than the corner. 18. Nancy Hanson offered testimony regarding that she had GEMPARR II - ANNEXATION FF & CL Page - 8 sent a letter to the developer addressing her concerns; that the donating of some acreage for a school is great but she questioned who donates the salaries, furnishings and other expenses that go along with an added school; that she also has a concern with the well water issue. 19. That written testimony wat received by Vernetta Hastings regarding many things, the biggest concern being the ground water that supplies well water to her home; she also stated that she hoped that her irrigation drain does not end up in somebody's basement; she also stated that some quality of life could be preserved; that Marvin and Nancy Hansen and Jon and Bonita Glick submitted written comment; that a petition was submitted which was signed by fifteen people, of which many testified at the public hearing; that all written comments are incorporated herein as if set forth in full; those people stated that they strongly object to the R-8 and R-15 zoning, that they wanted an accompanying plan showing what was going to be developed there, that there would be stress on ground water, that sewage be properly disposed of, they questioned whether there was enough police and fire protection for the development, and had concerns about the adverse affects of the population increase on the schools; that one of the signers of the above petition was Rex E. Young and he had sent an individual letter to the City stating that he strongly objected to the project because the R-8 and R-15 would be detrimental to himself and other property owners in the area who live on small acreages, but stated that approval of R-4 zoning would not be objectionable; he stated GEMPARK II - ANNEXATION FF & CL Page - 9 that the proposed subdivision would adversely effect the ground water, he had concern over septic systems being able to handle the sewage, concerns over property values and the quality of life, concerns over only a concept plan being, submitted, and he questioned whether the City would be able to provide police and fire protection. 20. Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to the City Engineer, commented that any existing irrigation/drainage ditches crossing the property and included in this project, shall be tiled per City Ordinance 11-9- 605 M unless a variance application is submitted; that any existing domestic wells and/or septic systems will have to be removed; that a City well site would be required near the easterly boundary of the proposed annexation area; that sewer service would be via an extension of the Eight Mile Lateral Sewer Trunk Line and domestic water service would be from an extension of the existing mains located in S. Locust Grove Road near the south boundary of Salmon Rapids and the developer would be responsible for extending the water and sewer; that a well site will be required near the easterly boundary of the area; that the Applicant is to enter into a development agreement and that the Applicant refine the requested zoning to more accurately portray what is being proposed and present the project as a planned unit development under the conditional use permit process; and that 2.5 elementary schools would be required for this development based on 1 elementary school for every 900 units. GEMPARK II - ANNEXATION FF & CL Page - 10 21. That comments were received from the City Fire and Police Departments, Central District Health, Nampa -Meridian Irrigation District and Idaho Power; that such comments are incorporated herein as if set forth in full; the Fire Chief indicated that all of the cul-de-sacs would cause an emergency response nightmare 22. That the Ada County Highway District submitted comment and such are incorporated herein as if set forth in full; the District had many site specific requirements. 23. That the Applicant did not submit a subdivision plat application showing how the property would be developed but did, at the public hearing, present a plan of how the subdivision might be developed. 24. That the portion of the property which is the northeast part of the land, the two acre portion zoned R-1 by Ada County, is shown on the Meridian Comprehensive Plan Generalized Land Use Map as being in a Mixed/Planned Use Development area; that portion of the property which is south of the east -to -west half section line and east of the north -to -south half section line, is shown on the Meridian Comprehensive Plan Generalized Land Use Map as being in a Mixed Residential area; and that portion of the property which is south of the east/west half section line and west of the north -to - south half section line is shown as being in a single family residential area. 25. That in the Land Use section of the Comprehensive Plan, under Comprehensive Plan May, it does state in various sections, in part, as follows: GEMPARK II - ANNEXATION FF & CL Page - 11 "The land use element is based upon these objectives: 3. Quality residential neighborhoods, north, south, east, and west of Old Town. 7. The importance of maintaining compatible land uses to ensure an optimum quality of life. 26. That in the Land Use section of the Comprehensive Plan, under Land Use Goal Statement, 1. GENERAL POLICIES, it does state as follows: 1.4U Encourage new development which reinforces the City's present development pattern of higher density development within the Old Town area and lower density development in outlying areas. 1.8U Promote the development of high quality and environmentally compatible residential areas that contain the necessary parks, schools and commercial facilities to maintain and form identifiable neighborhoods." 1.12U Support regional agricultural/agribusiness by protecting productive agricultural operations when requested by agribusiness land owners. 27. That in the Land Use section of the Comprehensive Plan, under Land Use Goal Statement, 2. RESIDENTIAL POLICIES, it does state as follows: "2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's condition and enhance its quality of life for residents. 2.5U Encourage compatible infill development which will improve existing neighborhoods. 28. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. GEMPARK II - ANNEXATION FF & CL Page - 12 29. That also in the Land Use section of the Comprehensive Plan, RURAL AREAS, it odes state as follows: "6.7U 6. BU Existing rural land uses and farms/ranches shall be buffered from urban development expanding into rural area by innovative land use planning techniques. 6.9U Proposed urban density development which abuts or is proximal to existing rural residential development shall be subject to development review committee approval. 30. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 31. That the property can be physically serviced with City water and sewer. 32. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (101) wide." 33. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (201) wide, and shall not be a part of the normal street right of way or utility easement." 34. That Section 11-9-605 H 2. states as follows: GEMPARK II - ANNEXATION FF & CL Page - 13 "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses,. historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 35. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man -matte features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi - improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors, serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 36. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle -Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 37. That in prior requests for annexation and zoning the GEMPARR II - ANNEXATION FF & CL Page - 14 previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 38. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to GEMPARK II - ANNEXATION FF & CL Page - 15 provide for school services to current and future students. 39. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 40. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 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 of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in GEMPARK II - ANNEXATION FF & CL Page - 16 Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may- take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within 'the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant shall be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the GEMPARK II - ANNEXATION FF & CL Page - 17 requirements of 11-9-605 C, G., H 2, K, L, M, and 11-9-606 b. 14; that the development agreement shall,. as a condition of annexation, require that the Applicant, •or if required, any assigns, heirs, executors or personal representatives, pay,. when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de - annexation and loss of City services, if the requirements of this paragraph were not met. 10. That the Applicant's property is shown on the Generalized Land Use Map as follows: The two acre parcel in the northeast corner as being in the Mixed/Planned Use Development area that is north of the east/west half section line; that portion of the project that is south of the east/west half section line and east of the north/south half section line as being in a Mixed Residential area; and that portion of the project that is south of the east/west half section line and west of the north/south half section line as being in a Single Family Residential area; that development of the land in a residential capacity would be in compliance with the Comprehensive Plan, and therefore the annexation would be in conformance with the Comprehensive Plan. 11. However, that since the Comprehensive Plan states that: 1) there is an importance to maintaining compatible land uses to ensure an optimum quality of life, 2) encourage new development which reinforces the City's present development pattern of higher density development within the Old Town area and lower density GEMPARK II - ANNEXATION FF & CL Page - 18 development in outlying areas, 3) support regional agricultural/agribusiness by protecting productive agricultural operations when requested by•agribusiness land owners, 4) protect and maintain residential neighborhood property values, 5) improve each neighborhood's condition and enhance its quality of life for residents, 6) encouraging compatible infill development which will improve existing neighborhoods, 7) new urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide transitional densities with larger more comparable lot sizes to buffer the interface between urban level densities and rural residential densities; the development concept does not meet the goals of the Meridian Comprehensive Plan. 12. The Limited Office proposed by the Applicant is not a residential zone and where the Applicant proposes to have land zoned L -O is in the Single Family Area. 13. The R-8 Residential zone could fall in line with the Mixed Residential depicted in the Meridian Comprehensive Plan for the area that is south of the east/west half section line and west of the north/south half section line as being in a Single Family Residential area, but that zone also allows two family dwellings and the R-8 zoning would not meet the Meridian Comprehensive Plan goals of encouraging compatible infill development which will improve existing neighborhoods, protecting and maintaining residential neighborhood property values, improving each neighborhood's condition and enhancing its quality of life for residents, reinforcing the City's present development pattern of GEMPARK II - ANNEXATION FF & CL Page - 19 higher density development within the Old Town area and lower density development in outlying areas, maintaining compatible land uses to ensure an optimum quality of life, and having transitional densities with larger more comparable lot sizes to buffer the rural residential land from urban land development. 14. That the above comments' in paragraph 13 are equally applicable to the proposed R-15 development in the Mixed Residential area, shown in the Comprehensive Plan. 15. That if the land was annexed the requirements of the Meridian City Engineer, and of the Ada County Highway District, Nampa & Meridian Irrigation District, Meridian Fire and Police Departments, and the comments of the Meridian Planning Director, would have to be met and addressed in a development Agreement. 16. That all ditches, canals, and waterways would have to be tiled, if the land were annexed, as a condition of annexation and if not so tiled the property would be subject to de -annexation; that the Applicant would be required to install a pressurized irrigation system, and if not so done the property shall be subject to de -annexation. 17. That if the property were annexed, these conditions would run with the land and bind the applicant and its assigns. 18. That it is concluded that it would not be in the best interest of the City of Meridian to annex the land due to the facts found above and the conclusions stated herein. GEMPARK II - ANNEXATION FF & CL Page - 20 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 COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREEW;V COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION VOTED "4 j VOTED VOTED !!L VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they 6;)he annexation and zoning as stated above for the property described for the reasons stated in the Conclusions of Law which are based on the Findings of Facts. MOTION: APPROVED: DISAPPROVED: GEMPARK II - ANNEXATION FF & CL Page - 21 N MERIDIAN PLACE SUBDIVISION N0. 1 - - S 00' 00' 00' W 360.87 N 00.10.20--w--Jg3w — — — LOCUST GROVE ROAD ��prgqo ogm�p`y �//+ry�.. 1(p4gypNp�p�}rogmpVp0lgp ip4pNp+0p0}p V p pq�pypN�r} aCYR+tel!?r.4'R :46'1a3S�RW�'444�`lW���`f4R4(� p0V 0r{�0`Y �d rNrmW PP 0001. ♦ti �,�� .'� zp0pzzzNpzzpppzzzppzz(.ppzzzpp2 �igrle �?��'fai95 R�lS�Riil°l��So86$���1���� Emgmm�amlmBEmammmenEmEE�ngmemm� EmEE P P + !- N Eta S O as co 3 al it 12 m K: -.,. _ I S 00' 10' 20'07.76 - -B a x 0 z 0 ��.�I II I��I IiIII�I Iil 1111C4 C4 1 III I�. o c a s c� = M C4 r CD 0 r ap v �a o roa, �r rtre " rtnt: inu wfD O W fD �•i 1•� p~p,, G~o ~ K (� D to O m O CD W. �• O �n a rr K n f't . b rrH rt M 8 _ N• - a r� r_ G - w rr w- n �•i G o r�r ,. - IM rrPT rnr 0 ID �'• G b - rr - W. b - Q, En rr A hpO� •• 41 K b N NP _ N rar rr fa.+ - - - Co �n � -- • Fes'., _ � ['� o per fD O n o �a rt � rr 0 m rt w N k N _ - N l4 OD l0 En � A hpO� •• N 1-3 Z K b CEJ "C E rr c o per fD O n o �a rt � rr 0 m rt En � A hpO� •• N 1-3 Z K b rr c o Meridian Planning & Zoning Commission February 14, 1995 Page 33 'F ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF R-8 R-15 AND L-O FOR 180.9 ACRES BY GEM PARK II PARTNERSHIP: iiirali Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Wayne Forrey, 52 East Franklin Road, was sworn by the City Attorney. Forrey: Mr. Chairman, members of the Commission, my name is Wayne Forrey and I am working with Gem Park 11 Partnership which is Westpark Company, Greg Johnson right here on the front row. Greg lives in Melba, Idaho and has developed property in Meridian<; for several years. Most recently his project is Sportsman Park Subdivision which is very; near the comer of south Locust Grove Road and Overland Road. I think he is on phase4 , 2 or phase 3 construction on that project right now. The Westpark Company has watched development happen in Meridian for several years. A lot of projects happen by 20 acres at a time or 40 acres at a time. The Westpark Company and their directors decided that it might be a good idea to try and assemble several parcels of land to get maybe 150 or 200 acres to do a neighborhood project, a planned community rather than just chip away at 20 or 30 or 40 acres at a time. So, Greg and his company looked at the Meridian Comprehensive Plan, looked at the growth plans of the City, the Area of Impact, the Urban Service Planning Area where growth was projected to occur, where it is occurring and went out and started to assemble some property. I am going to take 3 or 4 minutes and go through some slides quickly. I know it is late and we have a lot of folks have waited to get to this public hearing. So I will be concise Mr. Chairman to acquaint you with the project. Can we dim maybe one or 2 lights would that be possible? Thank you, this is a' slide of the adopted 1983 Meridian Comprehensive Plan generalized land use map. Thisr property that is requested for annexation is between Locust Grove Road and South Eagle Road but on the north side of Victory. You see quite a few symbols in that area. If you see the words Nine Mile Trunk right below that green circle that is the future alignment of the Nine Mile Trunk Sewer project which has been already planned by the City. That green circle that you see and the little school symbol with the flag on it means that is an t area where the school district and the City have anticipated a future school and park site. The little triangular symbol that you see right by the S on South Eagle Road that is an anticipated future satellite fire station. The little half circle right below the triangle and that is at the intersection of Eagle Road and Victory Road, that is a symbol meaning a future well site for the City. The orange that you see at the intersection of Victory and Locust Grove and also on the north side,of Overland and on both sides of South Eagle Road is k =° anticipated for Mixed Use Development meaning a variety of integrated planned land uses from commercial to residential to office. The red circles that you see on the north and south side of that interchange are generally meaning commercial. So there is a lot of u 9 9 Y 9 activity occurring there. The yellow that you see is a designated mixed residential in the Meridian Planning & Zoning Commission February 14, 1995 Page 34 Comprehensive Plan. The application submitted by Gem Park Partnership includes several groups. I am one of the planning team members working with David Clinger, who is an urban planner from Denver, Colorado. My role in this is to make sure that all of the agency comments, planning and zoning comments, citizen comments in particular get boiled down into a good preliminary plat. We did not submit a preliminary plat, we have taken the position that this is such a major project that we wanted to submit an annexation request and run this project up the flag pole so to speak. Get the reaction and input and ideas and take all of that and make a good preliminary plat based on everyone's input. Here is the concept master plan that David Clinger has worked on and it is a starting spot with Westpark. A lot of different types of home sites would occur in the area along south Locust Grove Road and Victory Road in that comer would be much like any of the other subdivisions that you see around the community except as you notice as we get into this there is a lot of green space. Trails, parks, a lot of landscaping, nice entrances on the other side of Ridenbaugh, which would be east of Ridenbaugh canal a lot of nice cudesacs, parks, pathways, some cluster homes which fills a market need in Meridian. And also proposed multi family up near Eagle Road and the Ridenbaugh canal. This is a starting spot that we have taken to approach this annexation request. First of all there are some zoning constraints, the R-4 zoning requires an 80 foot lot width by 100 foot depth which referred to generally is an 8,000 square foot lot. The city has a regulated size of a 1400 square foot minimum house size. Everyone that we have researched with, the banks, the housing agencies, realtors, builders tell us that there is a big market out there in Meridian and the agencies put it at about 73% of potential home buyers that cannot afford that R-4 type housing. There is a great need we feel for some housing that fits a big need in the market, something in the 1000 square foot size, 1200 square foot, 1400 square foot, 1600 square foot and larger. There are a lot of vacant R-4 lots on the market, in fact the City estimates about 1300 lots right now in Meridian that are available that are vacant. There are a lot of R-4 projects already approved and in the City. Johnson: Those aren't all R4 for the record. Forrey: According to the City staff we have been told they are, but there could be some R-8. Johnson: Yes, there is some R-8 in that 1300 figure, if you are going to use that figure. Forrey: Okay, here is one approach, the solution as we see it. The Meridian } Comprehensive Plan indicates mixed residential for that area of the community so we took z the approach of an R-8 and an R-15 zoning request with a density development agreement. That would accomplish basically 2 things, the R-8 and R-15 allows lot widths F} ; to be down in the 50 to 65 foot width. The R-4 requires a minimum of 80 foot, if we can get down to 50 and 65 foot wide lot there is creativity there that we can meet with different Meridian Planning & Zoning Commission February 14, 1995 Page 35 housing styles and different costs. So our request for R-8 and R-15 was not based on getting 8 or 15 units to the acre but rather to get the flexibility that the City has right now in your ordinance to get a 50, 55, 60, 65 foot wide lot. The overall density in this project is 682 units or an overall project of 3.94 units to the acre. Johnson: Could you go back to that slide for a second? I will come back to that with my question. Forrey: Here are the properties involved in this annexation request, it involves about 173 acres assembled by Westpark Company. The little sliver of property on Locust Grove Road owned by the Schaffer family requested for Limited Office. That is a triangular piece of property, there are some very nice homes on the west side of Locust Grove Road. Westpark Company proposes to build a nice office there and would like to use that for their office. The rest of the Schaffer property is proposed R-8, Kilgore property R-8, the Record property is R-8. Then on the east side of Ridenbaugh Canal is the Sally Martin property proposed R-15 and then the Nixon property up next to Eagle Road would also be R-15. Johnson: Wayne would you go to the map and point out the various properties. I can't read the green from here and maybe the public can't either. Forrey: The triangular parcel right here is owned by the Schaffer family, it is up next to the Eight Mile Lateral. This is the area we think will be good for a small professional office building. The Schaffer ownership here would be R-8. This is the Kilgore ownership requested for R-8, the Record property requesting R-8. This parcel and this parcel next to the canal. Johnson: What are the names on those 21 can't read that? Forrey: Martin family, and this large parcel right here is also the Martin property requesting an R-15. And the Nixon property here requesting R-15. I would like to point out the indication here of R-15 is because your current ordinance allows a more flexible lot dimension those zones than it does in the R-4. The objective was to get some lots that are not 80 feet wide. So that is the reason for this type of zoning request. In that area, there are several approved subdivisions already annexed into the City and about ready to start construction. The brown at the top of that map is Sundance Subdivision, the yellow is Los Alamitos Subdivision and the green that you see there is the proposed Meridian Highlands Ranch project. The blue in the center is a proposed school park site, Sundance Subdivision has committed to donate a portion of that site to the City and the school district. The same with Los Alamitos, Meridian Highlands Ranch would also donate I think 4.9 acres to the City of Meridian to be donated to the school. Meridian Planning & Zoning Commission February 14, 1995 Page 36 Johnson: I am song, maybe you said this, how large is that blue area there? Forrey: I am not sure of the exact, at development 15 acres. Its a combination of elementary school site and City park. Of that 15 acres Meridian Highlands Ranch is donating 4.9 and I am not sure exactly how many acres Sundance or Los Alamitos has agreed to contribute to the school district, but they have made a commitment to provide land in those general locations. Okay, project features, elementary school site 4.9 acres, neighborhood greenbelt and open space there is actually 7.8 acres over and above the school and park contribution. An additional 7.8 acres that would be donated to the homeowners association for recreation use and maintenance. There is a full pedestrian path along the Ridenbaugh Canal that is over a mile, 6,000 linear feet, 2 pedestrian bridges to connect the neighborhoods and the school. An additional 4,000 feet of green belt paths just within the neighborhood itself outside of the Ridenbaugh canal pathway. A homeowners association for paid professional maintenance of the grounds and 7 neighborhood mini -parks, open space areas within that entire project. Now there is proposed to be 6 integrated housing choices, lots A would be the luxury home sites somewhere between 9,000 and 9,700 square foot lot size, 1600 square foot sized homes and larger. The next would be the executive home sites, 8140 to 8800 square foot lot size and the homes would be 1400 square foot. The greenbelt home sites would be on a little smaller lot and this is where we need the R-8 and the R-15 but it would allow 6000 square foot lots to maybe 7700 and there would be a variety through the project and we could build a 1000 square foot home or larger. The keyhole home sites would go down a little smaller now to 5000 to 6000 square foot lot and a 900 square foot or larger home. There are lifestyle homes, 1400 square feet and up, you would own the home it would be single family detached but you would not have to do any yard maintenance. It would be done by the homeowners association. Johnson: Have you broke that down by projected number of units for each category? Forrey: Yes, I have that to hand out, then the multi family would be 2 story apartment units. Johnson: While the slide is on there I would like to see that or have you address the number of units. Forrey: Okay, I can tell you, the A lots there would be 51 units of luxury home sites, the B lots would be 112, the C lots which is the green belt home sites would be 196, the keyhole home sites would be 93 lots, the lifestyle homes which some people would call a town house is 52 and multi family apartments is 178 for a total of 682 units. The overall density of the project would be 3.94 units per acre and if you remove the multi family then the overall density would be 3.07 units to the acre. There would be an on site sales Meridian Planning & Zoning Commission February 14, 1995 Page 37 pavilion, a large water pond, extensive landscaping. All the entryway would be landscaped prior to any lot sales. A landscaped berm on Eagle Road as a buffer, attractive street entrances, a small professional office building, attractive design on Locust Grove Road. We have also incorporated traffic calming design, ACHD and APA have been promoting a non -continuous collector design features and we have included that in this project, 1 will show you here in a moment. A safe traffic access, every home would have linkage to at least 2 arterials be it Eagle and Victory or Victory and Locust Grove. The non -continuous collector format that I talked about, if you look, Ada County Highway District has looked really hard at neighborhood traffic issues and the complaint has been cut through traffic. So the concept here is that all of the traffic in this portion of the project would feed to 2 arterials, Victory Road or Locust Grove and would not be cutting through to impact these neighborhood this piece of the project. The same with this development, access to either Eagle or Victory Road and minimize that cut through traffic by automobiles, but there would be a pedestrian bridge here and a pedestrian bridge here so that school kids and people that are walking in the neighborhood can certainly walk and link and not have the cars and the cut through traffic. This is the area for the keyhole homes, the D that I referred to. This is the area for the lifestyle homes which is E on the list. And then the greenbelt homes are through here, the executive lots up on this ridge. And just nice single family detached homes throughout the balance of the project. David Clinger designed the project in Ketchum, Idaho called the Pines. And it includes keyhole homes, cluster homes and the same type of design format, in fact this was the inspiration for the Highlands Ranch. Our project team has looked at this and this is the feeling that we are trying to bring into this project. This happens to be the entrance of the Pines, this would be characteristic of the same type of entrance we would have coming into the Meridian Highlands Ranch. Nowhere is an example of the keyhole lot, the lot on the left, the house has a north -south orientation, but it is wider at the rear so the yard is actually wider. So it is narrow at the front and wider at the back. Typically lots are rectangular or square and you end up with a lot of wasted space. The house on the right has more of an east -west orientation. The owner maybe wants a wide type of house so the lot is wide at the front and narrow at the back. Also, that means you have to look pretty close at the fencing. That area D that you see right there up against the multi family and Eagle Road is the area we anticipate for the keyhole lots. Johnson: Both D's? Forrey: Yes, the tan that you see there. And that is the 93 units that I referred to. Here is looking at keyhole lots in the Pines project in Ketchum. This is identical to the type of keyhole development we envision right here at Meridian Highlands Ranch. You see the fence and the angular construction of that fence. At the time that lot is developed and the home is built the fence is also built at the same time and landscaped so when the buyer comes in to buy the keyhole lot and home the home is there, the yard is already Meridian Planning & Zoning Commission February 14, 1995 Page 38 landscaped, the fence is already constructed. It gives someone room in the backyard but it is not a lot of yard. It is low maintenance, lower cost housing, it is affordable housing but it is very nice. Johnson: Back to that slide, are these permanent residents? Forrey: Yes, these are not summer homes. In this portion of the project we envision the lifestyle home. All of that area, in fact the folks that live out there will recognize this where Sally Martin has her pine grove. We want to use those pine trees and not displace those. Any that would come out as a result of roadwork would be used somewhere in the project. One of the advantages of submitting an annexation request without a preliminary plat is that we get a chance to meet with fire departments, citizens, police, ACHD and take all of their ideas and try and turn it into something better. We met with the fire department, the Fire Chief said I just don't like these culdesacs here can we loop those streets right through here. That is an excellent suggestion and on the preliminary plat you will see that we will not have these dead end culdesacs but rather loop that through. Tonight perhaps we may hear from some property owners that want a different kind of treatment through here a buffer. We are willing to look at that. The highway district likes this type of entrance, this will be heavily landscaped, but it may mean that we need to make some adjustments or changes based on citizen testimony. So we are open to good design. Here is an example of the sales area in the Pines project in Ketchum. This would be similar to the sales office that is built at Highlands Ranch, but here is the important things here is one of the lifestyle homes in the Pines project. This home is over 1400 square feet, this is the type of unit that is envisioned in the lifestyle home section I just referred to on the Sally Martin property. And all of the green space that you see there will be maintained by a homeowners association, paid professional staff. So you would own the home and have the privacy of a patio but not have to worry about the yard maintenance. And that is quite frankly that is niche in the market, they would like to buy a home like that. This is another lifestyle in another project (End of Tape) there will be water in the project and it will be in the lifestyle home area. Again this would all be maintained by the professional paid staff. And you would just have to take care of your own home. This is the last photograph Mr. Chairman. This is the Pines again, we used the same concept, a lot of landscaping, curvilinear streets, trying to blend all of these good things into a good project and with testimony tonight I think we can do an even better job. I do have a list, the citizens that we have talked to and also that provided comments had some very good ideas. I noted 14 comments that came out of the information I received. First of all citizens want a density of about 4 units per acre in this area. I am here tonight to state that is perfectly acceptable to Westpark. There is no need for us to go over 4 units to the acre overall on this project. Citizens want to see a preliminary plat and what we would like to do is send a copy after this meeting after we get all of this information boiled down and make sure we have a good project let's make sure we put a preliminary plat together and Meridian Planning & Zoning Commission February 14, 1995 Page 39 send it to everyone within 300 feet or whoever is one the mailing list. Screening fences, definitely we will put that in the project. It was asked that we have single story level homes on the perimeter. Westpark says that is find, if that is a concern of citizens we can live with the single story level homes on the perimeter. Water impacts was mentioned a lot by citizens, City of Meridian has a policy of taking their municipal wells very deep. I think most of the wells are around the 600 to 700 foot depth and that is to avoid impacts to the shallow separate water aquifer above that level to minimize impacts to the rural wells that are definitely out in this area. The City has asked for a well site on the east end of the project, Westpark is committed to donate a well site to the City. Another concern was adequate police and fire service, this area is in the Urban Service Planning area of Meridian, it has been in the Meridian impact area since 1978. The fire department asked that we provide and donate to the City a 160 foot square satellite fire station on the east end of the project next to Eagle Road. Westpark Development will commit to that and you will see that in the preliminary plat. It has been suggested that we have a berm and a pine tree screen buffer. Greg and I spoke about this at length with some property owners and I think one thing we can commit to is the lifestyle homes along Victory Road, the multi- family along Eagle Road and then wherever the project touches Eagle Road, Victory Road or Locust Grove road we would install a berm with pine trees. It was also suggested that we use the pine trees if possible on the Sally Martin property. We will definitely use those trees they won't be destroyed they will be used in the project. Strong covenants was another concern and what Westpark will do is submit with the preliminary plat and submit it to the citizens everyone that gets the plat with get a copy of the covenants, conditions and restrictions so they can get a chance to comment on that as well. Retain and the ditches, several property owners were concerned about continuing their irrigation water. All the ditches will remain and they will be tiled. A school site will be donated to the city and made available to the school district. Another concern was impacts to septic sewers, this entire project would be connected to the Nine Mile Trunk sewer, there would be no septic systems on the property. Transition buffers, Johnson: Excuse me, while you talk could you go back to the diagram, to the plat. Forrey: Transition buffers to adjacent homeowners, we would design this preliminary plat with input from any property owner that is next to the project and try to work out some type of transition, whatever buffer they feel is best for them. As far as development controls, one gentleman asked that there be development controls to prevent a trailer park. In the R-8 and R-15 zoning the city may allow a trailer park, that is certainly not what Westpark is proposing. But if you feel there needs to be a contract zoning approach here that is perfectly fine to Westpark or the development agreement to list the uses that are not allowed or could not be developed as part of the R-8 or R-15 request that is certainly reasonable and we would help do that. After we get all of the comments we want to sit down again and work with property owners and design a good preliminary plat, this is a Meridian Planning & Zoning Commission February 14, 1995 Page 40 major project it will probably take 10 years for Westpark Company to build this out. We think this neighborhood has everything that everyone has always said Meridian neighborhoods should have. It has pedestrian paths, access to a school park, parks within the development, no cut through traffic, we are meeting a variety of housing needs, lots of pathways. We think it is a good project and hope it is approved. The last thing Mr. Chairman, I have a list of conditions that we would suggest that could be added to any future conditions that your commission might develop for this project. We generated a list for you. Johnson: Okay, we would like to have those for the record, you also have a list of the people you talked to, you mentioned 14, or those comments you read to us. Forrey: It came from the City staff packet, there is I think a petition. Johnson: We have the petition, is that the same list you are talking about? Forrey: Yes Johnson: Could you show me where the proposed fire station and well site are? Forrey: The Meridian Comprehensive Plan map has a symbol about right here for a fire station and well site symbol approximately here. Those are general locations, when we met with the Fire Chief he asked that right in this comer here closest to Eagle Road that there be a 160 foot square site donated to the City. We also talked about the possibility of putting it up here at this entrance to the subdivision as part of the multi family development and the Fire Chief doesn't have a problem with that. Either site is acceptable to the City. Johnson: I guess I am confused, what can you possibly do with a 160 square foot site? Forrey: The City of Meridian right now is negotiating with Steiner Development company to acquire a 160 square foot site on North Ten Mile Road. Oh excuse me 160 foot by 160 feet. Johnson: Oh, okay I was thinking maybe the size of my house jumped up. Forrey: This site may actually be bigger because we want to dove tail in with that a well site and that takes 100 foot by 100 foot piece of property. So this will be a combination satellite fire station and city well site right in this location on Eagle Road. Johnson: Thank you Meridian Planning & Zoning Commission February 14, 1995 Page 41 Alidjani: Wayne I have a question, I see on the comments that Chief of Fire Kenny Bowers has he has some concerns about those cluster homes on the bottom end. And then you said later on you had met with him and took care of some of that. If you can point it how did you go through those culdesac and reopen them or make a circle that he was happy with that idea? Forrey: (Inaudible) This is just a concept, so if we get to the preliminary plat stage we will sit down with the fire department and make sure that these are looped all the way through here an not have these type of hammerhead T arrangements for the fire trucks. This is something that the chief just said he couldn't live with. We have to do a little better design for the fire truck. It would be easy to (inaudible) a personal vehicle in there but and you would to with a garbage truck I think. So we are going to redesign this area. Alidjani: So I guess if I may continue there are 3 culdesacs, all of those are going to be looped from the upper portion of the entrance comes all the way down below, gets other there and the other 2 will also be connected. Forrey: At this point that is the input we have received that says that is the best way to do it. Alidjani: Thank you Hepper: Where would the water from the pressurized irrigation system come from? Forrey: It would come from either the wells on site or existing irrigation water, irrigation water rights on site. It would not come from the City of Meridian, it would comply with your ordinance. Hepper: What would be the depth of those wells, would there be any concern for the neighbors that have mentioned about their wells drying up? Forrey: I don't know the depths. Greg mentions there are 2 existing domestic wells that would charge the irrigation system. Johnson: Okay, then maybe to answer Tim's question in depth, how deep are those wells? Do we know at this point? Forrey: They are on the Sally Martin property, I don't know Mr. Chairman. Johnson: Okay, I thought maybe you had that information. Meridian Planning & Zoning Commission February 14, 1995 Page 42 Forrey: A lady in the audience indicates 150 feet deep. Johnson: Any other questions of Wayne? Hepper: Is the area of the canal is that figured in as part of the common area of the project? Forrey: No, it is not, that is easement area. Shari Stiles has been a real stickler on that, that you can't include the easement area as part of your open space calculation. Hepper: You also stated there was 1300 lots in Meridian that are on the market right now, is that lots that are developed ready to build on or is that lots that have been approved by the City but not developed? Forrey: According to the Knipe report and that is what I got it out of, the Knipe Real Estate Report, there are 1300 approved, ready to build on lots in the City of Meridian. Hepper: Within City limits? Forrey: Well, it said City of Meridian, that are still vacant, no construction on them yet. Johnson: Any other questions of Mr. Forrey at this time? I will give you an opportunity to come back Wayne. This is a public hearing, is there someone from the public that would like to address the Commission at this time? Herbert Papenfuss, 2680 South Eagle Road, was sworn by the City Attorney. Papenfuss: Well, I am not one of those that they contacted because if they had contacted me it wouldn't have been very favorable. I have 3 acres right across the street from where this is going to be. Johnson: Where would that be on that map there? I guess we lost the map, if we could keep that up Wayne it gives us a reference point. Papenfuss: The property would be right here across from the Nixon property. They say they are going to put a fire station right here and that is almost across from me because am right in here. I can't see that is going to help my property values any. The traffic will increase, in fact when they put that interchange on Eagle Road it increased the traffic unbelievably. In the morning it is almost bumper to bumper down that road. People come over even though it means going out of their way 2 miles, people come over from Cloverdale and that area to hit the free way, this will add a number of cars to that. This N. Meridian Planning & Zoning Commission February 14, 1995 Page 43 access on Victory Road, they will just come down Victory Road and hit Eagle and go right on down Eagle Road. Several years ago when 1 had to face medical bills that I didn't have insurance for I borrowed money on my home so I had to have an official evaluation before I could borrow the money and the evaluator deducted $5,000 for the evaluation on the basis of traffic. So increased traffic certainly isn't going to increase the valuation of my property in any way that you could imagine. Then you are putting homes there with a high density, low income homes, that is what he said, that isn't going to increase property values in any way at all. What that means is that I am stuck with a home that if I try to sell and go somewhere else and find a comparable home I am going to have to make substantial payments. When I moved out there 25 years ago, I moved out there because I wanted to be on a quiet road. I bought an acreage because I wanted an acreage. This whole set up will increase traffic, it will increase the number of people there. And low income housing certainly won't help. I am not opposed to development, I am not, but I would sooner see development of the acreage comparable to what we have on the other side of the road, all of them are acreages. I would much sooner see that sort of a development, that would help our values not decrease them. When I look around this place and we have looked around I see a lot of acreages for sale, in fact there is almost a premium on them. You go out to the Eagle area and you will pay a substantial amount of money for 1 or 2 acre lot. So, I don't see the people really hard up for property and I don't see the need to impact this area with that much housing. Not with what housing is already there. That is basically all I have for right now. I am opposed to it as it is because it is not going to benefit my valuation whatsoever, it is going to decrease it. Johnson: Thank you, is there anyone else from the public that would like to come forward? John Shipley, 2770 South Locust Grove, was sworn by the City Attorney. Shipley: Let me show you where my property is. (Inaudible) this border line here (inaudible). Johnson: For the record Mr. Shipley's property is on the northwest comer of this development. Shipley: It is my south border line. I believe I would be for the development because if I am allowed to do with my property what I would like to do would be either build some low level town houses or to just make a parking lot for people's campers and boats that they won't really have enough room for in this other development. If the developer would stub me in a sewer line up the back side on the drain ditch it would leave me open to do either thing. Either build some low level type town houses or a nice little parking lot for hundreds of peoples boats and campers and things like that, that they don't have proper place for and it is close to where they are going to be living so they would be able to get in and out 3 F Meridian Planning & Zoning Commission February 14, 1995 Page 44 of there. It might not be aesthetically beautiful, I am sure the advantages would be a lot better than the disadvantages for the people that are living there. That is all I have to say. Johnson: Thank you, yes sir. Wes Garve, 2590 South Eagle Road, was sworn by the City Attorney. Garve: I said that 20 years ago and I am still paying for it. Johnson: Wes, we don't normally let people testify with their hat on but yours is so beautiful I don't know. Garve: I am not responsible for the glare when I take it off. My residence is right here on the east side of South Eagle Road directly across. You can see where the majority of saturation of the planned housing is. I roughly just figured it out and right there, 1 can be corrected, I don't mind be corrected I am a substitute teacher so I get corrected quite often by students, but we are looking right there and the D's and F area 271 dwelling units, that is multiple family and single dwelling units. Before I go on let me address something about irrigation water, I am the ditch manager for our lateral. Our irrigation water is supplied for this whole area on the east side of the Ridenbaugh canal is supplied by the Boise Board of control projects. Domestic wells by law are not allowed to be used for irrigation, the domestic wells in this area normally do not go below 250 feet. In the last 4 years with the droughts a vast majority of the acreages of the homes have had to re -drill wells because of the drought they have been going dry. The water table continues to drop, if this, if somehow they do get permission to use these domestic wells for irrigation we will all be re -drilling our wells to a deeper level. The cost of drilling a well today just for domestic use ranges from $6,000 to $10,000 and you are waiting up to 6 months just to get a company to come and drill it. So if that helps you on where you are going to get your irrigation water. Pressurized system on domestic wells right now isn't allowed by law. So that will help you out. Johnson: Sir, could you enlighten me as to how deep the re -drilling of the wells has gone, the new wells? Garve: Four years ago I had to re -drill my well and it went from 100 feet to 264. 1 went about 70 feet below the existing water table at that time. I and a good, upstanding republican, ditto head which probably doesn't really matter, but I am for progress. But S years ago my family and I moved from Boise out to South Eagle Road because it was a nice quiet area, we bought over 5 acres where we could farm. I have been accused of being a gentleman farmer, I don't know as if I like that term but it holds pretty true. I raise livestock, beef, sheep, pigs, chickens, kids, more the kids than I can afford most the time. Meridian Planning & Zoning Commission February 14, 1995 Page 45 We had some very beautiful areas out there, lot a wildlife, wildlife is diminishing rapidly. We have had partridge, quail, pheasant, fox, even mule deer run around our areas. As I see the development moving closer and closer to us, our wildlife dwindles more rapidly. But even that is not my major concern because I can raise all the fowl I want. But what does concern me is what Herb said is traffic. When we moved out there in 1987 Eagle Road was a nice quiet 2 lane country road. My family and I enjoyed a nice leisurely walk in the evening all year round. Then in 1988 they opened up the Eagle interchange since that time I have lost 2 dogs, 3 cats and almost every member of my family. Eagle Road now is not safe to walk up and down. We are not going to stop this development, but we might be able to change and you might be able to change some of it. This many units in this small of area gentlemen is just pure saturation that is not needed. You check with all major realtors in Boise you will find that rental units, apartment buildings today there have been so many built we are no longer short. There is no need now for 2 story apartment complexes. Not only will this give us more of a saturation of people that we need the aesthetics and the Restyle that we bought into and that Herb and Cathy they have raised their whole family in their home, that will be gone for us. Berms and pine trees, we will never see another sunset, I would like to borrow the lady earlier pictures of the sunrise and just shirt it to the west. We have some of the most beautiful in Ada County from our front lawn. I can sit out there my wife and I in the evenings in the summer time and actually listen to our grass grow after dark. I won't be able to anymore. Where the road empties onto Eagle Road that empties right directly into my bedroom, every headlight that comes out there it won't matter how many berms and pine trees there are those lights are going to be shining right into my bedroom. That is going to be 24 hours a day because people in this valley work 24 hours a day. This gentleman has built some very nice homes, I have been through some of his homes out here, I looked at them. There is no yard with them, a lot of people like that. Myself I have a riding lawn mower I have that much lawn, but that is the lifestyle I like. This is a development coming in and taking away what I have had for years. I will have no choice in it, but you can have a choice on how much of that comes in. Like I said there is not a need today for all of the condominiums out here and for all the apartment complexes. It is bad enough we get that many people living that close together. I like waking up in the morning and I stretch my arms I don't want to hit my neighbor in the eye. Herb lives far enough south of me that can't happen. Basically the gentleman already answered my concerns about the wells and sewage, they will hook up that won't affect me any as long as it is not for irrigation. But for that much traffic that is a major concern. It takes very little research to find out the need for the apartment complex is not necessary. The need for the condominiums is not necessary. We don't have that many people that are going to be coming into this valley. Just in Sunday's paper there was a listing in there by area on home homes have been sold in 1994. And the vast majority of homes in the Meridian area were pre-existing homes, not new construction. That is if you can believe the Statesman. Gentlemen there is not much else I can say, except you can't control what Ada County Highway District is going to do because they are going to do it Meridian Planning & Zoning Commission February 14, 1995 Page 46 anyway. They have a plan of building in my living room which is on the opposite side of the house. Basically that is it, thank you for your time. Johnson: I appreciate your comments, any questions? Thank you, anyone else from the public that would like to come forward at this time? Torie McAlvain, 1975 East Victory Road, was sworn by the City Attorney. McAlvain: I live right off of Victory Road just across where this is going to dump onto Victory Road and I live quite a ways back in about 1200 feet. I just built a new home in there. I am concerned about the size of the homes they are going to put in there. My home is not small, it is not overly huge but I built it to have some value and I am worried about the value of my home falling if they build smaller homes in there. I am not sure where they are going to start this development at. He stated it was over a 10 year period if the market falls flat here where does it start. Are they going to start and go for so long and when it falls flat they are going to (inaudible) I am just really concerned about the traffic again like everybody else. I know there is nothing we can do about it, but more so the impact it is going to have on the value of my house. Johnson: Thank you Jim Allen, 3040 East Victory, was sworn by the City Attorney. Allen: I will give you an idea of where I am at, right here. Unfortunately I am not within 300 feet so nobody contacts me but I am in an area that will be impacted by traffic. I am in an area that has been impacted by drought. Neighbors on both sides of me wells went dry last year, I furnished water for them. I hope 1 don't have to do it again. If you are looking at what you can do with water for irrigation check with the Water Resources Board you already know that. Ada County Highway is going to do it to us, we are going to have traffic out there. We are losing a lifestyle, what we are really losing though is farm ground. You can raise houses cheap, you can turn the ground under but you are not going to be able to eat houses. Johnson: Thanks Jim, I saw a lady over here. Diane Beaulieu, 1895 Star Lane, was sworn by the City Attorney. Beaulieu: My concern is what happens between the presentation and the reality. I go back to a subdivision that is near and dear to my heart and it was presented that the homes would start at $130,000 and then you discover that their advertising in the paper for $90,000. That is over $30,000 difference, so what is going to keep the subdivision that Meridian Planning & Zoning Commission February 14, 1995 Page 47 they are going to have the mix. They are not all going to be the lower end of houses. I am really concerned because when you are presented something and you believe that is going to happen and it doesn't and you call the office and Shari Stiles says huh we can't hold them to it. That is really disappointing. Johnson: What we can do and our ordinances say, we go by square footage, we don't go by value. Normally a developer will give us a range, but our ordinances and everything we do are geared towards square footage and then we put limitations on certain subdivisions for square footage. We don't address values because values are not as constant as square footage. Beaulieu: Well, you know that is quite a big difference in value, but I think it is very mis- leading to the people who don't come here all the time and see what happens. Johnson: Well, I am trying to clear it up for you. Beaulieu: I understand that is what happens, but the people don't understand that happens. They expect that houses are going to be a certain type of house. I think people need to be aware of that. Johnson: Thank you, anyone else? David Lombardy, 277 North 6th Street, Boise, was sworn by the City Attorney. Lombardy: I represent James Griffen, Mr. Griffen owns the 80+ acre parcel to the north of this project, north of the Ridenbaugh Canal. My primary reason for appearing on behalf of Mr. Griffen today is to advise Mr. Forrey and his colleagues that Mr. Griffen is present he is an adjacent property owner and would very much like to speak with you concerning your plans, particularly in light of the suggestion in the Ada County Highway District's report that they might wish to place a road across the Ridenbaugh Canal at the area where a foot bridge is presently planned by the developer. We have no objections to this property being annexed and we have no objections to the zoning s proposed with the understanding clearly stated by Mr. Forney today that there is no preliminary plat before you at this point that they are only seeking the annexation and zoning. Thank you. Johnson: Thank you Mr. Lombardy, any questions? Anyone else that would like to come forward? Bonnie Glick, 2860 East Victory Road, was sworn by the City Attorney. Glick: I submitted a letter, which I guess Mr. Forrey received because he addressed a Meridian Planning & Zoning Commission February 14, 1995 Page 48 number of my concerns. My property is 2.2 acres adjacent to Sally Martin's property where if you will notice at the bottom he has all the green trees and he talks about putting the lifestyle homes in there that are going to be maintained by a professional lawn service etc., I live right next to that. I have 2.2 acres that run up the east boundary of that green area there at the bottom on Victory Road. Along with the concerns I expressed in my letter, I also want to raise tonight just that I think why are we looking at this kind of density in Meridian. Micron isn't coming, they are not doing their developing here, we just rejected a library bond in Meridian. Pretty soon we are going to have another school bond I am sure, which who knows if that will be approved. They don't seem to have very good luck getting approved so I have a concern about this density being proposed here well the development at all. I agree with my good neighbor here in the cowboy hat that we all are out there enjoying a wonderful rural lifestyle that ,many of us have enjoyed for many years. I have lived there for 13 years, most of my neighbors, the lady next to me has lived there 25 years. We all have acreages that are, I think I am probably the smallest at 2.2 and then right along Victory Road where I am up to Eagle Road there are just acreage, acreage, acreage. Mr. Allen is one of them, I don't know how what he has, 2.11, Vernetta next to me has about 6 or 7, Rex Young has 2, these guys have 2 and then on the comer Teddy I think you know her, Teddy Hepper has an acre up there. Anyway we watch the fox run through the trees, I sit on my couch and look out my front window and I look at the fox in Sally's little forest. My kids, she mows little paths through there in the summer and my kids play in there. It is a hiding place, it is like an enchanted forest, the deer come through there. So the lifestyle we have enjoyed all these years and that we are raising our children to enjoy is very threatened. It feels like their are invading us. I appreciate Mr. Forrey's interest in working with us, I don't think that 1 can stop development, but I do question the density that is being proposed here. I really, really question and I want to know about this proposal they have to use Sally's irrigation, her domestic well for irrigation. I know what Sally's well is, it is 150 feet deep, hers is one of the deepest ones up there. Vemetta my neighbor had to re -drill her well, hers was 60, she re -drilled it 110. Mine is at 110, her neighbor re -drilled from 60 to 110, Mr. Allen is at 197, his is deep. If they start using her domestic well for irrigation we are all going to be wiped out. I would like in writing that they are going to pay to re -drill my well. I can't afford $6,000 to $10,000 to re -drill my well if they are using her domestic well for irrigation or for any reason to support this kind of density in a housing development. Other points as far as me being right adjacent to these lifestyle homes, if that is what goes in there. Yes, I prefer lower level homes there because I view now the Owyhee mountains, the whole range, it is breath taking and it just kills me to think about looking at these monstrosity homes standing out there in front of my window. I would like to see the plat and have us be able to put some input into that. I appreciate like I said their efforts in wanting to work with us as homeowners that are adjacent to and around this property. But I would like some kind of assurance that step by step we do know what is going on so that we don't have any surprises like this lady was bringing up. It is hard to know how we can trust this process that is happening. My other Meridian Planning & Zoning Commission February 14, 1995 Page 49 questions are he talked about the R-4 vacancies in this area and I am saying I am wondering if it is because there isn't enough growth to meet this development. He says it is because people can't afford the houses but my golly is it because we don't have the growth to meet it. The other question is when will the school open to accommodate this growth. Do we do all the growth and then we open the school and in the mean time Mary McPherson is sitting over there, they have already used up their music room and health room for class rooms. They have no more room, they are busting at the seams and all these kids are in that school district. I don't know I have a million concerns and I guess I would just like to talk with the developer as things go on. But basically the density and the irrigation the water issue is a huge one. I don't want to have to re -drill my well. Thank you. Johnson: Is there anyone else that would like to come forward? Matt Caris, 6161 North Drake Way, Boise, was swom by the City Attorney. Caris: I am more or less representing my father who is away he and my mom go down south every winter. So, his property, I can show you (inaudible). We had some concerns, we are generally in favor of the annexation mainly because my dad has always felt that a person should be able to do what he wants to do with his property. We have always worked that field, I grew up there, been there for over 30 years. We run a small landscape business out of that property and did some farming throughout the whole area. All the trees that everybody talks about over at Sally's my family planted along with the Martin's we have been real good friends with the Martin's for years. One of our main concerns is the density, at least over there on Nixon's property. I know my mom and dad won't be crazy about having apartments along that property if it is, I guess I was confused as far as what kind of housing that is. I am not really sure as far as the keyhole and that sort of thing, so I would like some more input on that, I know my mom and dad would. I am more or less representing them tonight. The fire station, I don't think they are going to want that right on the comer, if that can be shoved down towards Ridenbaugh, the closer the better tot he Ridenbaugh where they can use the canal as some buffer for the sound and the lights and stuff. I guess that is about it. Johnson: Thanks Matt (End of Tape) Would anyone else like to come forward? Nancy Hanson, 2460 East Victory Road, was swom by the City Attorney. Hanson: I will show you where my property is (inaudible). I wrote a letter also and I think the developer has addressed quite a few of the concerns that I had in the letter that my husband and I both voiced. But I also had some other questions that I am thinking of tonight. They talked about the land they wanted to donate for a school and they said they Meridian Planning & Zoning Commission February 14, 1995 Page 50 would donate some acreage, but I am wondering who donates the furnishing for the schools and pays for the teachers salaries and the other expenses that go along with an added school. I am still concerned with the zoning, he said that it would be less than R4 after you took out the apartment buildings. But I don't know exactly what the apartment buildings, they are in that property, so it would be R-4 after the apartment buildings are taken out. Johnson: Correct me if I am wrong Wayne, didn't you say 3.94 with and 3.0 without? Forrey: (Inaudible) Johnson: And that would be R-4 also. Forrey: (Inaudible) Hanson: Then, mainly, I agree with the other concerns of the water issues, we have a well and I would worry about have to drill deeper on our water. And then, 1 mainly would like the annex not be approved until you can look at a detailed plan and actually look at. A general plan does not seem a real good think to approve to me. That is all. Johnson: Thank you Nancy, is there anyone else that would like to address the Commission? Marvin Hanson, 2460 East Victory Road, was sworn by the City Attorney. Hanson: I will show you where I live, (inaudible) one of my concerns is the high density in that area. We have the wildlife, it will be gone. We see the foxes and deer they will all be gone. We have lived there 4 years, we have 4 acres that we really enjoy and it is all going to be gone. I am concerned about the traffic, the water level. Our well is 60 feet deep. I have checked the water level when we had the well drilled it was, the water level was 13 feet. I checked it last year and it was down to 40. It won't be long if they put that in we are going to have to re -!rill. Another thing that I am concerned about, we border the canal and then on the other side of that is the high density. Our property sits probably 20 feet lower than the property on the other side of the canal. If they build 2 story apartments there that is going to be really high. We won't be able to see anything except apartments and this is one of my concerns. I really would push for the R-4, or R-8 to be developed in that section of land. Thank you. Johnson: Thank you, is there anyone else that would like to talk to us? Mary Creech, 2310 East Victory, was sworn by the City Attorney. Meridian Planning & Zoning Commission February 14, 1995 Page 51 Creech: I have 6 acres and my concerns are all the traffic and water and what have you. Our property backs up to the proposed area and my question is I understood it is going to be an R-8 or R-15, doesn't that mean 8 or 15 houses an acre? Johnson: Yes, maximum. Creech: And now they are saying it is three point something per acre. Johnson: Well, the zoning doesn't give you anything except parameters. Creech: I didn't want to go through at 8 to 15, and see it lower and then they put in 8 to 15. Johnson: It is kind of a tricky mathematical thing. As Mr. Forrey indicated earlier if gives them flexibility on lot size because along with the zoning of R-4 or R-8 there are other restrictions such as lot sizes, not just the density. It is just a way of designating the zoning and then there are other conditions beside the number of units per acre with each zoning. Creech: Thank you Johnson: Is there anyone else? Lydia Aguire, 2620 South Locust Grove, was sworn by the City Attorney. Aguire: I have the same concerns 1 think that have been voiced by everybody else. I live on South Locust Grove and I have about 3 acres there. I question the density, I look at Meridian Greens, I look at Los Alamitos, we have R-4 zoning there, it makes some sense. There are some nice homes going in there, I think they will have some concern probably if we have R-8, R-15. If the citizens report is telling us that people want R-4 that makes some sense to just don't zone it R-4 instead of R-8 or R-15. Irrigation, I irrigate my 3 acres along with my neighbors. I think that irrigation is going to become a problem, water is going to become a problem not only on domestic wells but also irrigation. I am concerned about how much water can be supplied with that much density. Also, traffic, South Locust Grove and Victory, they are 2 lane roads. With all the subdivisions going in, the density and the traffic I think are going to be pretty thick. The other thing I am concerned about, when we talk about lower income we talk about John Shipley possibly putting in storage units, lower income homes, smaller homes, that affects the property values of everybody. So those are my concerns. Questions? Johnson: No questions, thank you. Anyone else? Meridian Planning & Zoning Commission February 14, 1995 Page 52 Clifford Babbitt, 11881 West Amity, Boise, was sworn by the City Attorney. Babbitt: I have the property just south of (inaudible) Johnson: For the record that is the northwest area adjacent to the property. Babbitt: I am in favor of the R-8 down there, I would like to see an R-6 really something like that where they have about 4 to 5 houses per acre. But I am in favor of the parcel down there. My well I did not have to drill this year, have not had to drill for 15 to 20 years. The water level is still the same and I know my brother's is, Gene Babbitt is also the same level roughly. There is a buffer between Lillian and the subdivision with John Shipley and me which is my property is approximately 275 feet wide there and Shipley's is 195 feet wide. It is a pretty good buffer between Lillian and this subdivision, she is bordering the R-4 there subdivision. The foxes, well, we love foxes, we have foxes in the back of our property. They raised 3 last year, but they also eat the pheasants they also eat the cats and so on. The deer do cross from one range to the other. And we can't do anything about the foxes. Johnson: For the record sir how deep is your well? Babbitt: I don't know for sure, I think it is about 120, but I only pump out of 40. The water table is 19 feet and I pump 40 - 42, the pump itself if 42. But the water table when it comes up in the pipe is about 19 feet from the top. Any other questions? Johnson: Apparently not, thank you. Is there anyone else that would like to discuss this application with us? Have you been up once before? (Inaudible) Johnson: Well, not necessarily, you got a fresh idea? And don't repeat what somebody else has said. McAlvain: My question is the quality of the homes that was shown in Ketchum were quite high, is this the quality of homes they are going to put in here as they showed in the pictures. I just built on 5 acres and I just drilled a well and 1 was at 120 feet but it was silty and sandy and I had to go down to 250 to get out of all that before I could have a good well. Johnson: Is there anyone else? Would you like to answer some questions presented by the testimony Wayne? Mr. Forrey Meridian Planning & Zoning Commission February 14, 1995 Page 53 Forrey: Thank you Mr. Chairman, I will be very brief. I want to thank everyone for the letters, the petition, the input that they provided tonight. I noted 4 things that we have to do. One we do definitely need to include properties formally as we get this preliminary plat put together. Let them be part of the platting process and look at their property and ways to blend a good project next to their property. And let them look at covenants and help us write the covenants. Second thing, I think it is real obvious that we have a water problem so the best thing we can do to help our neighbors is not use the domestic wells on the property to charge the pressurized irrigation system. We will use the canal water, the existing irrigation water right that Westpark Company has. But when the water is out of the canal then what we need to do is to make sure the City of Meridian will allow us to use City water as the back up. That may take some negotiation with the City engineer that way we don't use those domestic wells and then we don't impact the neighbors wells. I think that is the solution to it is we don't use them. The third thing I wrote down is that we need to get a mailing list of all the property owners and several of them said we want to know Mat is going on so let's put a newsletter together. Have a regular mailing to them so they know where we are at in the process. What the decision process is, ask for their input, have some informal meetings. And then the fourth thing, I think we need a very strong development agreement so that what comes out of this preliminary plat what we all think should happen does in fact happen and gets build on the ground. So that the things that several people brought up, well the the developer said this and a couple years later it is not built we don't want that to happen. This is a project that Greg and his company will build over a 10 year period so it has to be a good solid project and I think a good strong development agreement is a way to approach that. That is it Mr. Chairman. Johnson: I have one question, it has probably been answered. This late at night I have forgotten. Do you have a plan for phasing the development at this point? Forrey: Yes, the portion of the project, Greg you can point it out there. Right next to Locust Grove Road, at the extreme west end would be phase 1. Then the project would move toward the Ridenbaugh canal westward and then move into the interior and onto Eagle Road. The last phase would be the multi family probably 10 years out. Westpark Company has an agreement with the Nixon property there that they are going to continue to operate their dairy for at least 5 years. Johnson: Thank you Wayne, any questions for Mr. Forrey from the Commission? Not at this point I guess. I will now close the public hearing. You have heard the testimony, what would you like to do Commissioners? Rountree: Mr. Chairman, I make a motion that we the City Attorney prepare findings of fact and conclusions of law on this application. Meridian Planning & Zoning Commission February 14, 1995 Page 54 Alidjani: Second Johnson: We have a motion to have the City Attorney prepare findings of fact and conclusions of law on the application, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Does anyone need an explanation as to what that is, since some of you don't come here all the time? Wayne Crookston will you explain what that is please? He is the one that gets paid for doing it let him explain it. Crookston: I take all of the evidence that has been presented, all the ordinances, the Comprehensive Plan, which are basically the laws that the City has to follow, I then apply them to the facts that have been submitted. I call individually the Planning and Zoning Commissioners and ask for their input, what they want to see in the findings. And then prepare written findings of fact and conclusions of law. They are then presented to the Commissioners and they have the right to modify them or change them or make whatever recommendations they want to make. Then they adopt those either as they have been written or as they have changed them. Then they are presented to the City Council and they review those. There will be another public hearing before the City Council, if the City Council, if there is different testimony they think is significant enough to change the findings they will that new findings be prepared. And they the same thing, and I do as I just suggested that the Commission does. Then they approve findings of fact and conclusions of law, it is ultimately the City Council decision as to what is done. Johnson: Thanks Wayne, that concludes item #14. ITEM #15: PUBLIC HEARING: REQUEST FOR PRELIMINARY/FINAL PLAT FOR CAPITAL PARK DEVELOPMENT, 2 LOTS BY FRED LOTRIDGE: Johnson: I will now open the public hearing, if the applicant or his representatives here would he please come forward and address the Commission at this time. Jim Merkle, 9550 Bethel Court, Boise, was sworn by the City Attorney. Merkle: Mr. Chairman, members of the Commission I am here on behalf of Fred Lotridge the applicant. Earlier this evening, item #10 was the findings of fact and conclusions with a favorable recommendation onto the City Council for the approval of the Conditional use, this is basically the same project. What I am here for tonight is just the public hearing for the preliminary plat to create 2 lots out of one over the top of that conditional use planned commercial development that you recommended approval on earlier. This is the piece of OFFICIALS JACK NIEMANN, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer Kay 21, 1990 0 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Kr. Greg Johnson The Westpark Co., Inc. 5137 N. Leather Place Boise, Idaho 83704 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 888433 GRANT P. KINGSFORD Mayor RE: Gem Park Subdivision Dear Kr. Johnson: COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROSERTGIESLER MAX YERRINGTON Chairman Zoning & Planning JIM JOHNSON My Water and Wastewater Superintendents advise me that the installation of this subdivisions sanitary sewer and domestic water systems has been satisfactorily completed. These systems have passed the required tests, in accordance with City Standards, and are hereby accepted by the City for ownership and maintenance. In accordance with present City policy, the installation and materials of the sewer and water systems are to be warranted against .defect by the contractor for a period of one year from the date of this letter. For accounting purposes, the City must maintain, the costs of all sewer and water installations owned and operated by the City. We therefore need to receive the construction costs for this subdivisions sewer and water systems as soon as possible. Sincerely, P zjwul� Gary Smith, P. E. City Engineer C. C. File B. Stuart E. Ward City Clerk 0 0 SUBDIVISION EVALUATION SHEET (Recommendations Only!!) GEM PARK SUB MERIDIAN Proposed Subdivision Name: Subdivision No. Date Reviewed:___14449n Preliminary Stage: Final: xxx The following SUBDIVISION NAME is approved by the Ada County ngineer or his X. designee per the requirements of the IDAHO STATE C GEM PARK SUBDI ISI r DA COUNTY The street name comments listed be°made the Ada�CountysEngineer)regarding STREET NAME COMMITTEE (under the direction this subdivision. The following existin street name s "EAST CHATEAU DRIVE" "NORTH LOCUST GROVE ROAD" The following new street names are approved and shall appear on the plat as: "NORTH ZIRCON PLACE" "NORTH SAPPHIRE_ PLACE" "NORTH AMETHYST PLACE" "GARNET STREET" already exists in Ada County and therefore GARNET cannot be used unless it is an alignment. The above street name comments have been read and approved by the following agency representatives securredthe by tADA he replresentativeTY STREET Nor�EhisMdesignee,ALL in orderfor the signatures must Y the street names to be officially approved ADA COUNTY STREET NAME COMMITTEE Ada County Engineer Ada Planning Assoc. Local Fire Dept. John Priester Terri Raynor Representative SENTj�T ES OR DESIGNEES *******NOTE**********A COPY OF THIS EVALUATION SHEET MUST BE PRESENTED TO THE ADA COUNTY ENGINEER AT THE TIME OF SIGNING THE "FINAL PLAT", E PLAT WILL NOT BE SIGNEDI!!II!!II NUMBERJNr OF LOTS AND BLOCKS Cgo CENTRAL DISTRICT HEALTH DEPARTMENT 90-27 Serving Ada. Boise, Elmore, and Valley January 11, 1990 Counties Boise county Office 1455 N. Orchard Boise, 10 83706 Mr. John Bast ida Nursing: 375-5211 Environmental Ada County Recorder Health: 375.5230 6 50 Main Street Elmore County Office Boise, ID 83702 520 E. 91h Street N. Mountain Home, 10 83647 R e : Gem Park 587-4407 Dear Mr. Bast ida: Elmore County Office artment, Environmental Health of Environmental Health Central District Health Dep rove the final plat on this 1 go S. 4th Street E. Division, has reviewed and can app Mountain Home, ID 83647 subdivision for central water and central sewer facilities. 567-922510, 1990. Final approval was given on January Valley county Office No lot size may be reduced without prior approval of the health P.O. Box 1448 authority. McCall. 1D 83638 634-7134 Sincerely, l„h�fitdy Thomas E. Schmalz, - -S• Sr. Environmental Health Specialist cc: West park Co. Roylance & Associates HUD Meridian City Building Dept. & Public Works Tom Turco, Director of Environmental Health TS:bls MAIN OFFICE - 1455 NO. ORCHARD - BOISE, IDAHO 83706 - PHONE: (208) 375.5211 I 00 CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: Boise Eagle _ Rezone # L -,-Meridian Conditional Use Kuna C.- Preliminar incl bort Plat£Si PA!< CO,ACZ v USM s�):;'d I � Cw 1. We have no objections to this proposal. 2. We recommend denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before we can comment. 5. _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. _f,' We can approve this proposal for: t.-,Central sewage Interim sewage Individual sewage — Cormnuu-ty sewage system andyCentral water Individual water — Comnffdty water well. 8. v Plans for &/Central sewage _Community sewage system Sewage dry lines, and /Central water Community water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. , -- Street runoff is not to create a mosquito breeding problem. 10. _ This department would recamiend 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 installedd to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establishment)(beverage establishment)(swiaming pools or spas)(grocery store). 13. JI' Reviewy -. b / Ic �y t.�ttitt �tttt r• tr7t t t t t t c, En 451 rt So OR a � p � s h 0; H rOr W - ' n 0 R rt A W. M CZ t N rr v r n t0 CCD d rt r• fQ ^ n - - K f,. K •• _ -ftj to r* rt - O I-- Napa & rieridian- Irrigation Distr-ict's Jackson Drain courses through - y _ the north boundary of this development. The right-of-way for this drain is Z4 •• 50 feet; 15 feet on the left side and 35 feet on the right side as you face � „ downstream. The right-of-way shall be protected. %.0All rights-of-way must be protected. All municipal surface drainage must be retained on site. Developer must comply with Idaho Code 31-3805. N a� Bill Henson, Foreman Nampa & Meridian Irrigation District N w 0s� o � 9 EO o d n ro lot 011 M y- o -- 0- PO ro r• n N e a ° r 10 m w $ rt �, a rt r• � rr O•• H C O �rt �T L. �s ell) �r> K N w 0s� o � 9 EO o d n ro lot 011 M y- o -- 0- PO ro r• n N e a ° r 10 m w $ rt �, a rt r• � rr O•• H C O �rt MERIDIAN CITY WMIL ' NWIIAIDER 21, 1989 PAGE # 6 0 Covino: We do riot have a problem with any of the plumbing or electrical codes at all, we will abide with all of then, we had no problem with any of that, we just have a little on the sidewalk, we want to wait,andon the occupancy load we think that it is not set according to the code and as the Building Inspector has mentioned if it could be monitorW-he would not have an objection with the B-2 but he thought that the City did not have the manpower and I do not feel it is my responsibility that the City can not man something, they currently don't man a lot of things but they still allow it. Currently there are no smoking signs in public buildings but you don't have people going by checking on it but you still make the Ordinance and you still have people occupy the building. I am simply saying that it is not possible in my kind of activity to have that many people, it just isn't possible, you cannot do it and I wouldn't even have enough equipment to outfit that many people if they came in, so I cannot see how I can't abide by the rules and I awn telling you anybody can walk in and check on it at any time. Mayor Kingsford: Any other questions or comments from the Council? There were none, Councilman you have been given a new packet by Mr. Covin that certainly needs same time to digest, I would also suggest that we get sane sort of a certified statement from Mr. Amyx of the plans to do as you have indicated, I would also like to see and it certainly would be in confidence the new owners that their wishes to conform with what you have indicated as well. Covino: That might be more difficult to produce but I can certainly get a letter, a notori.zed letter or whatever you would like frau Mr. Amyx to show that this is the current plan and what we are pursuing and that there are a couple of people looking at purchasing the building and they have been in and inspected it with the Real Estate Agent and so forth. I can get documentation to that whether I can get documentation that -they . are .-ready to cone and submit a blue -.print and plans, I doubt. Mayor Kingsford: I certainly would be interested in their plans at least in the rough. Covina I will do what I can in that area: Mayor Kingsford: With that it would be my recommendation that Council table thi�ntil such time as we have that information and have time to review it. Covin: Would you want me to bring this to you at the next meeting or before? Mayor Kingsford: Before, so we have time to review it: The Motion was made by Morrow and seconded by Myers to table this request until such time as we have received the applicable docullmtation: Motion Carried: All Yea: Item #3: Approve Changes to Final Plat on Gen Park subdivision: Mayor Kingsford: Is there a representative of Gen Park here? If so wmdd you come forward and state your name, very basically it is a situation where they are going to tile the ditch but we will let their representative explain: Greg Johnson, the developer of the project, in working with NmgDa Meridian Irrigation District it became our conclusion that it would be best for our subdivision and just enhancing the overall project to go ahead and tile that Jackson Drain on the south boundry of the properly and in doing that we gain more useable land. We are request- ing to add three lots that will defer sane of the costs of tiling that drain. We are right now in negotiations --with the Nampa Meridian Irrigation District to reduce 7777 MERIDIAN CITY COUNCIL • .NUv --BER 21, 1989 PAGE # 7 the easement fran fifty feet to twenty five feet although the plat works with the fifty feet as it is now. They did reduce the fifty feet easement in the Subdivision e to the west, so we feel they should go ahead and reduce that easement to twenty feet although they do not have to. They would like the ditch put in tile and they have been cooperative working on that alenugh they have not approved the design. Mayor Kingsford: This is a very main thing, I think that if it can be tiled, it is in the best interest of the City and that neighborhood. Morrow: Has the City Engineer reviewed this? City Engineer: Yes, I have no problem with this, and it would benefit the lot owners if they can get that easement reduced and make the lots more saleable. The Notion was made by Myers and seconded by Tolsma to approve the change in the Final Plat of the Gen Park Subdivision: Notion Carried: All Yea: Department Reports: City Engineer: The APA adopted the 2010 Transportation Plan needs assessments that has been developing aver the past months and they will use that as the planning tool for future improvements. The bid will be awarded on Highway 69 in the near future, The bid has been opened on the new bridge on Linder Road over the Phillips Canal. Myers: Reported on items that are happening with the Mercy Hospital, he is a member of that Advisory :Hoard of Mercy Hospital: The other thing I have, as you know October 1st the Ada county Landfill raised their dining fees, so Mr. - Alidjani of Sanitary Service and I have been looking this over and checking out what we could do because he got his bill for the landfill charges for October which a Ppmy $e on the gge0 arbait was for the month before, as you know we just had rates that went into effect on February 15, 1989 and at that time we mentioned there was a possibility that this was going to happen because of the enviramental impact and so forth, there are things they will not even take anymore with out additional charges, so we sat down and went through that and decided what we would propose is an increase in the dumpster charges of $2.00 per month for the camnexci al no matter size maize they were up to the six yard and above that we would go up Y ard that is what they -increased it was about 45� per yard in the cost and rather than raise the residential at this point, we thought it would be easier and probably Mork out fairly close just to increase those other dumpsters. To bring that into prospective as to what Boise Ada & BFI In Boise are doing, HFI--_ 3 yard dumpster is $39.11, ours is$40.00 which would. go up to $42.00. Boise Ada is $57.30 plus a $15.00 deposit, so we would still be well underneath then. As far as the residential Boise Ada has a 3 can maximin $5.80 per month, BFI is $5.15 which is the same as we are. Ours is also unlimited on residential. With the leaves this year, Mr. Alidjani mentioned to me that they have had several pickups where there was in excess of 30 bags of leaves and cane place was 63. That is what we are recommending at this point and that would be, if something canes along that Ada County does samething different that would reduce that or if this is not, this is the basis I would like to propose this increase, that at the of three months or so. we will take a look at It and see what is happening and this raise amounts to to much revenue we will reduce it and if it is not enough we will have to look at it again. Rather than raise the residential at this point we think that it would be much easier to do it with the dmpsters, this is may proposal: Mayor Kingsford: What does a one yard duster compact to, � yard? Alidjani: It depends what type of material is in the dumpster. MERIDIAN CITY COUNCIL i OCICBER 17, 1989 PAGE # 3 The Motion was made by Morrow and seconded by Tolsma to have the City Clerk draft a letter to Nampa Meridian Irrigation and the Bureau of Reclamation that the Meridian City Council that this project was approved without the removal of any of the trees along Ten Mile Creek as this is not part of their property and should not be their responsibility: Notion Carried: All Yea: Item #2: Public Hearing: Preliminary & Final Plat on Gen Park Subdivision: Mayor Kingsford: I will now open the Public Hearing, is there anyone in the audience who wishes to offer testimony on this request? There was no response, the Public Hearing was closed. Any questions of the Council Meabers? Morrow: I have a question in regards to the City Engineers letter to the developers on Friday, are these items resolved? City Engineer: There is one that there is some question on, it has been the policy of the City for the developer to extend the lines through his property, we have a different situation in this case as his property is bordered by public right away on two sides, the sewer & water that this developer would use -is in Chateau, since this property also abutts Locust Grove it is my interruptation that it would be the developers responsibility to also extend the sewer and water on Locust Grove even though he would get no use out of this extension or any benefit, I do not know what the decision should be. There was discussion on this subject by the Mayor & Council and the people involved. (Tape on File) The Motion was made by Morrow and seconded by Tolsma to deadend the sewer line at the _ corner of Chateau and Locust Grove Road: Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Giesler to approve the Preliminary & Final Plat of Gen Park Subdivision with the recommendations of ACHD and other agencies: Notion Carried: All Yea: Item #3: Public Hearing: Request for Annexation & Zoning w/Conditional Use Permit & Preliminary Plat On Pine Bluff Estates: Mayor Kingsford: At this time I will open the Public Hearing, is there anyone in the audience who wishes to testify on thisrequest? Gary Lee, 1990 Turnberry Way, Lee was sworn by the City Attorney: Lee: I am the Engineer from JUB representing the developer on this project, I am in attendance tonite to answer any questions the Mayor & Council might have on this project. Mayor Kingsford: Anyone else from the Public who wishes to offer testimony, there was no response, the Public Hearing was closed. Any questions or comments from the Council? Giesler:I have visited with Mr. Marshall regarding the apartment part of the project and I would for the record like him to tell us a few things about that, their plans for it, the quality and things of that nature. Marshall: We are working with Architects right now getting basic ideas for the project 8 October 13, 1989 To: Mayor, Council, City Clerk Re: Gem Park SubdXz� i From: Gary Smith My review of the submitted development plans and of the final plat have resulted in the following comments: Final Plat: 1. Show the radius of the culdesacs at 50 feet. 2. Is the dimension width of the easement at the south end of each culdesac 5 feet? 3. Show the distance and bearing along Locust Grove Road from the SE corner of Sec. 6 to the subdivision bound- ary. 30 4. The subdivision plat application lists lots 21 through as duplex lots. Designate on the plat? 5. A portion of the south boundary dimension shows as X85.91 feet but calculates as 685.89 feet when the individual lot distances are totalled. 6. Show the land to the east of Locust Grove Rd. as "Unplatted." Development Plans: 1. Sewer: a. On Chateau Drive locate the sewer line along the south edge of the existing pavement. This will preserve a majority of the pavement which is in good condition. Dave Collins (Collins Engineering), doing the engi- neering for the Chateau Meadows East Subdivision at the east side of Chateau and Locust Grove intersec- tion, is in correspondence with the utility companies normally located south of centerline for their approval. b. Extend the sewer the full length of Chateau, in accord- ance with City policy, through a manhole located 16 feet west of the Locust Grove Rd. centerline. Prior to construction of street improvements on Locust Grove Rd., the sewer line along Locust Grove Rd. will need to be built to extend service to the south. Assuming Chateau Meadows East Subd. goes forward the cost of construction for the portion of the Locust Grove Rd. sewer common to the boundaries of it and this subdivision should be shared by both developers. C. Revise the slope of the sewer line in Chateau Drive to 0.30 %. d. Increase the slope of the sewer lines in the culde- sac streets to a minimum of 0.60%. e. Show service line locations to each lot by station and length of service line. Normally the service line is extended 5 feet inside the front property • • Page 2 --Gem Park Subdivision line, near the middle of the lot frontage, plugged and marked. f. Extend the sewer line into each culdesac by about 20 feet to facilitate connection of the service lines from the pie -shaped lots to the lateral line. g. Show 8 inch diameter sewer stub -outs to the north from each manhole on Chateau Drive. h. Add notes pertaining to sewer construction require- ments. 2. Water: a. Extend the 10 inch diameter main along Chateau Drive to its intersection with Locust Grove Road. Install a temporary blow -off at that point. b. Install a blow -off hydrant at the end of each culde- sac. C. Show water meter service locations to each lot. d. Show and identify water line valving on the 10 and 6 inch diameter lines along with the necessary tees. e. Add notes pertaining to water construction require- ments. cc: File B. Stuart E. Ward Roylance Engineering MERIDIAN PLANNING & ZONING SEPTEMBER 12, 1989 PAGE #3 ITEM #2: PUBLIC HEARING: PRELIMINARY PLAT ON GEM PARK SUBDIVISION: Johnson: Is there a representative from Gem Park here, please come forward and be sworn: - - Dave Roylance, 4227 Emerald, Boise, was sworn by the Attorney - Roylance: It's a thirty (30) lot subdivision on Chateau and Locust Grove. Rountree:= Did you get the comments from our City Engineer. Roylance:- Yes, just now. That would be a problem- Economically we couldn't afford Roy g er I don't to extend that street to -the south and put in bridges or culverts. Further ourselves, - know that -it is fair that we would be the southa f there that cost totally a being that we didn't create that pro on file) There was some further discussion about lot sizes. -(Tape from the public who wishes to offer Johnson: This is & Public Hearing, is there anyone _ testimony. TerryBotkin, 1362 E. Chateau, was sworn by the Attorney. Botkin:-I don't believe that the lot size issue -was answered* - - a mixed- re Feet, unless they go with Hues per: The -minimum lot size for Meridian is 1300 Square sing this subdivision. I have no objection Botkin: I would like to go on record as oppo to a subdivision being there it is just the size of the lots and the houses being built there. Craig Johnson, 5137 N. Leather Place, was sworn by the Attorney. Johnson: I am the developer on this projecioansizeshould wehave areaProPosing here earlier quite so this wouldn't have been a problem. The easily a bit larger than the minimumlotz ketor avalue•It would shows that theseehomes should stay 1700 to 1800 square foot I would expect that most within 75,00 to 110,000 somewhere in that price rrange I would like to think they - of the homes would be between 1300 and 1500 square ,vision to the west. We want a quality subdivision are going to be a step above the subd there. = - Hepper• Have you decided on your covenants, -are you going . to 90 with the mixed-use or the 1300 minimum - Johnson: I haven't really decided on fit• - - Marsha C. Barton, 1011 E. Chateau, was sworn by the Attorney Barton: My main concern is the water pre concern isva thve e property Pert ad low water pressure now - Barton: Will this affect our water pressure you go with the 1300 or the mixed use. A s • • MERIDIAN PLANNING & ZONING SEPTEMBER 12, 1989 PAGE #4 Terry True, 5412 Pierce Park Lane, was sworn by the Attorney. True: I have 5 acres that adjoins this whole through subdivision,, the private whatds plan to with the irrigation that goes the developer Is. -that going to be left as is. - have to do whatever Ada County Highway District requires us to do- Johnson:- We krill or Nampa -Meridian Irrigation. Chairman Johnson: Who ever has jurisdiction over the ditch is going to control that. That s why it is not a major concern of our - anyone else from the public who wishes to offer testimony? Chairman Johnson: _Is there If not I will close the public hearing. _The motion was made by Rountree and seconded by Shearer to reconmend approval to the City _ Council. -- -- - - Moti.on Carried: _All Yea: _ REQUEST, PRELIMINARY PLAT _& CONDITIONALUSE ITEM #3: PUBLIC HEARING: ANNEXATION &ZONING PERMIT FOR PUD ON PINE -BLUFF ESTATES: _ - _ plat, tial plat was changed= Johnso- n= You all should have a revised preliminary p - Is Where a representative present for this request. Sumner Johnson, 444 W. Iowa, Nampa,, was sworn by the Attorney. Engineers, here representing the Developer Johnson: I am Sumner Johnson of JUB Eng 11 Dennis shall and Elliot Sheffield for the developer also here is Roger Jepps are not planning to and if there is any questions they can answer them although they Engineer Gary testify. The plat has some modifications, I have been working with City Smith, he wanted in the SE corner Broabween workingay Avenue cwithnvarious agenued to the ciesron howlto handle of this project. In addition we have line that ed the Nine Mile Drain. Instead of a 1001erigWe wantato teurnethat into tiled pipe sides with a we patch in the middle and a big deep g Y can be cost effectively constructed. There was further discussthe ion of this. (TAPE ,N FILE) E) We would fence along the Putledge Lateral which ran built would be to meet the City property would be served by City Water, the sewer systemsed to the requirements, the -last item, a neva thought in water but-theyan we haveor it, I -believe .fit this public cry that they -cannot get irrigation water but they pay - putledge Lateral an irrigation property could, if all the water -rights t of the could be installed and distributedout - pumping installation with_the proper screening ti� fey, the long term through the subdivision, it would cast the developer ire should be an opporhmity for -- demand on the municipal system would then be me reduced , es for the water the City Council to give a trade off in the -reduction of hookup and that credit system in return for reduction of long term denand on the imuLiciPa�- ed irrigation system- system be used by the developer to construct the independent pirrigation oc anY is going to couldThis has worked satisfactory is Nampa, the only problem is the and there isnot anyone wants to irrigate give you enough water to irrigate 24 hours a day N a does it by shadow wells, that way so you have to devise a way for some makeup water -to a city network, then if the City does consider this then I am►sure it would expand and then has the a well now aril then meets the makeup difference for the whole oa to the irrigation wateerr in the ditch• inY advantage of being able to turn it on prior Yt nl ...................................... DatE...............BY.................. Sheet ................Of............ 9 Z4? v let 1"4e, - �e-- ati�" goo ,ta4- j - -wn-t.,Ld - yy�e� 76-' dtep T dA:d _t fo jou,04 IL;f'e-ak 4 - LF ijax mtk- 1 "� Gi-'/f��//r'/J`A� cza4 irpm - � � � ,(->/�y „�it�•L iC�•GZ/2�/,y� Q,� ��iL�2� l�sL `���-LL T dA:d _t fo jou,04 IL;f'e-ak 4 - LF THE WESTPARK COMPANY PRELIMINARY PALT GEM PARK SUBDIVISION COMME NTS 1: ADA COUNTY HIGHWAY: SEE ATTACHED COMMENTS: 2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER SYSTEM: 3: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS: 4: IDAHO POWER: REQUIRE 10 FT. WIDE PUBLIC UTILITIES EASEMENT ALONG ALL LOTS ADJACENT TO ROAD RIGHT-OF-WAY DEDICATED TO PUBLIC OR PRIVATE USE: 5: CITY ENGINEER: SEE ATTACHED COMMENTS: 6: SEWER DEPT. PROPERTY CAN BE SERVED WITH CITY SEWER: 7: . POLICE DEPT: NO PROBLEMS: 8: SCHOOL DISTRICT: SEE LETTER ATTACHED: 9: PUBLIC HEARING HELD SEPTEMBER 12, 1989 BEFORE THE PLANNING & ZONING COMMISSION THEY RECOMMENDED THIS REQUEST BE APPROVED: CHARLES L. WINDER, President DWIGHT V. BOARD, Vice President GLENN J. RHODES, Secretary U September 6, 1989 Roylance & Associates PA - - 4227 Emerald Boise ID 83706- - Re: GEM PARK SUBDIVISION - PRELIMINARY PLAT - ADA COUNTY; IDAHO - On August 31, 1989, the Commissioners of the Ada County- Highway- District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below: SITE SPECIFIC CONDITIONS: _ 1. Provide by dedication 33 -feet of right-of-way from the centerline of Locust -Grove Road abutting parcel. - 2. Provide curb, gutter, 5 -foot sidewalk, and match paving on Locust Grove abutting parcel. Provide 1/2 of a 52 -foot back-to-back roadway section. 3. Provide curb, gutter, 5 -foot sidewalk, and match paving on Chateau abutting parcel. Provide 1/2 of a 41 -foot back-to-back roadway section. 4. Direct- lot access. to Locust Grove and Chateau Drive- is prohibited. Delineate on the final plat. STANDARD CONDITIONS: 5. Improvements to the dedicated right-of-way to be designed and construct- ed to ACHD standards and specifications: 6. All specifications, land- surveys, reports, plats, drawings, plans, - - design -information and- calculations presented-to.Ada County Highway - District are to be sealed, signed -and dated by a Registered Profession-_ al Engineer or Professional Land -Surveyor, in accordance with Idaho - Code 54-1215. _ -- 7. Obtain written approval from irrigation/drainage jurisdiction for storm runoff into irrigation/drainage system(s). B. Relocate all obstructions outside of the proposed street improvements. Prior to relocation, obtain written permission from the _applicable jurisdiction. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Roylance & AssociaPA September 6, 1989 Page 2 9. Submit 3 -sets of street construction plans for review and approval by the District. - 10. Approval of development plans at preliminary or final stage is only for general -conformance with District standard specifications and -general _ compliance with minimum standard requirements. The developer, the engineer, acrd/or contractor, as their interests may appear, remain - responsible, individually and collectively for designs, dimensions, - quality and satisfactory performance of the development. - _ In order that the Final Plat may be considered by the District for accep- tance, the Developer shall cause the following applicable / standard condi tions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall_ be submitted and subject to review and approval by the District. - 2. If public street -improvements are required: Prior to any construction within the existing or proposed public right-ofway, the following shall be submitted and subject to review and approval by the District: a.- Two complete sets of detailed- street construction drawings pre- pared by an Idaho Registered Prof-essional= Engineer, together with payment of plan review fee.- b. Execute an Inspection Agreement between the- Developer- and- the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the Dis- trict, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of -all street improvements. 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's -check for the amount speGi- fied by the District. 5. Furnish easements, agreements, and -all other datum or documents as - required by the District. - _ - 6. Furnish Final Plat drawings for District acceptance, -certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. _ Roylance & AssociaPA September 6, 1989 Page 3 7. Approval of the plat is valid for one year. An extensio"f one year will be considered by the Commission is requested within 15 -days prior to the expiration date. If you should have any questions, -please contact me at -345-7662. ADA COUN Y HIGHWA ISTRICT Jon_ . Th pson - Deve opme Services JDT/ev _ - cc: Development Services - _ - Chron - - - Meridian City Council, 33 E -Idaho, Meridian ID 83642 - _ Westpark Inc-, 5137 N Leather Place, Boise ID 83704 7,10 .. I C4 C4 r- ~• b ro i d to to �c � z r � ►� o- y H.0 o ro cl �- rti �• d � H h7 nn H ol ri VV rt o''O H db ti O m " r•" n w Q1 ICNO r� a:n A O GQ 930 n F -i " rt ::r r • b x' CL m m rt 0 m w w rt n a• n a z o"wrt F- H- rt 0 w O r. m F- rn g 0 a H cn b n m • 1-- rt w O a w u, p r art H 01 Q - m O ym h,x o n m or d ._. fn I—� rt hj w �-t I H. w f+• H. r• w rt G O GQ 0 R. 00 m 0 w 0 0" • 0w r•0 rt" -H- Un n a rt 1 0 0 _ H. 0' 0 0 db E m rr, W H m_ C m rt m w 0 r• m H, va O r: rt rt w 10 ri E rn m rn w w O m r• H w 14 0 n 0 n cn a v, 0 wrtG d w a a' Un m rt r• r w r+ ra c-, rt r• r m w WH n 0 m0 H. H. 0 w o rt x a n 0 QQ m w m rt -d m 0 0 - r� 0 0 O m �C r -h 0' rt 07 w 0" rt rt w Q1 ICNO r� a:n A E2 z N 00 H r co H EnIn [!� rn H o o ryr 00co CH' �roH or - - s .. � I 111 ( S ~ d- F•1 W �1 _ C4V Its le i CA ol ID Ic 5 o s � � H 6` �• s 'S � o �• •- � • S 5 -r i- o da Si S S a s }N s p s S- 1%�-' s -� f� �a Q SCb � :§-a h w d► 9 � � .5 aML _- Aft Lft SL Co Go �.0 S SL - - - 03 -�� _- 00 65 18 l Yj M- �..� 0p ~ ® - °° r s -� b Irl rrT oO SUPERINTENDENT OF SCHOOLS *0 EXCEL! Dr. Nick Hallett ASSISTANT SUPERINTENDENTS 2 y� Darlene Fulwood, Elementary Dan Mabe, Finance QPhil Peterson, Secondary y JOINT SCHOOL DISTRICT NO.2 911 MERIDIAN STREET M ERI DIAN, IDAHO 83642 PHONE(208)888-6701 September 1, 1989 Mr. Jack Nieman Meridian City Ha1133 East Idaho Street Meridian, Idaho 83642 RE: Pine Bluff Estates Roger & Kay Jeppesen and Gem Park Subdivision Donald & Delores Garrett Dear Mr. Niemann, The proposed Pine Bluffs Estates and the proposed Gem Park subdivision will tend to accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. School bus service may be restricted if adequate turn- arounds and loading areas are not provided. Residents cannot be assured of attending the neighborhood school as it may be necessary to bus students to available class- rooms across the district. Developers are strongly encouraged to provide for the safe- ty of student pedestrians and bicyclists. ri4cklle ereytt Superintendent of Schools br CHARLES L. WINDER, President DWIGHT V. BOARD, Vice President GLENN J. RHODES, Secretary Roylance & Associates PA 4227 Emerald Boise ID 83706 Re: GEM PARK SUBDIVISION - PRELIMINARY PLAT ADA COUNTY, IDAHO September 6, 1989 On August 31, 1989, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat subject to the conditions as stated below: SITE SPECIFIC CONDITIONS: 1. Provide by dedication 33 -feet of right-of-way from the centerline of Locust Grove Road abutting parcel. match on Grove 2. Provide parcel. Providefoot 1/2 ofdaw52kfootdback-to-backgroadwayusection. abutting parti. 3. Provide curb, gutter, 5 -foot sidewalk, and match paving on Chateau abutting parcel. Provide 1/2 of a 41 -foot back-to-back roadway section. 4. Direct lot access. to Locust Grove and Chateau Drive is prohibited. Delineate on the final plat. STANDARD CONDITIONS: 5. Improvements to the dedicated right-of-way to be designed and construct- ed to ACHD standards and specifications. 6. All specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to -Ada County Highway District are to be sealed, signed and dated by a Registered Profession- al Engineer or Professional Land Surveyor, in accordance with Idaho Code 54-1215. 7. Obtain written approval from irrigation/drainage jurisdiction for storm runoff into irrigation/drainage system(s). S. Relocate all obstructions outside of the proposed street improvements. Prior to relocation, obtain written permission from the app licable jurisdiction. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Roylance & Associ� PA September 6, 1989 Page 3 • 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission is requested within 15 -days prior to the expiration date. If you should have any questions, please contact me at 345-7662. ADA Jon Deve ISTRICT JDT/ev cc: Development Services Chron Meridian City Council, 33 E Idaho, Meridian ID 83642 Westpark Inc., 5137 N Leather Place, Boise ID 83704 0 CENTRAL DISTRICT HEALTH DEPARTME� ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Rezone # Return to: Boise Eagle --Y Meridian Kuna ACZ 1. — We have no objections to this proposal. 2. — We recommend denial of this proposal. 3. — Specific knowledge as to the exact type of use must be provided before we can comment on this proposal. 4. — We will require more data concerning soil conditions on this proposal before we can comment. 5. — We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can comment concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7. We can approve this proposal for: Central sewage _Interim sewage _Individual sewage _ Community sewage system and Central water Individual water _ Community water well. 8. Plans for Ventral sewage Co mu ity 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)(swinming pools or spas)(grocery store). 13. Reviewed y Date i i If •IIIIIIIIII C-1 ca 0. 0)m m N � u OD O O A+ m r• co r � n N —S N c+ �s a o w' 91) o N m cam+ W"m m iv 0.0) o m IV =4G Cly I C �. C+ -� 0, m If •IIIIIIIIII C-1 ca N � u OD H m r• co %D t IIIII I I III IIII I IIIIII 1111 r4 w �+• 5 � � 'd N y �' O to N H �� H � v - �j �jrn O �• r•� 3 H 2 d Z c ro H tv rS �• a � H H _ - H 7 0 K O - N to A d A b er _0) J 1 4+ 0 N H 9 S am 10' 20' e707.78 - - - 8908-939 — " Cali _ PRELIMRARY PLAT SIGN �( �( ) C f3EM PARK 8UBDIV1810N .. u ..,... >° ROYLANCE & ASSOCIATES P.A �.. Engineers Surveyors LondplMrs _ _ 4227 Emerald Bolsa Idaho 83708 (208) 338-7390 1 � m m + z m Rb S am 10' 20' e707.78 - - - 8908-939 — " Cali _ PRELIMRARY PLAT SIGN �( �( ) C f3EM PARK 8UBDIV1810N .. u ..,... >° ROYLANCE & ASSOCIATES P.A �.. Engineers Surveyors LondplMrs _ _ 4227 Emerald Bolsa Idaho 83708 (208) 338-7390 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning & Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on September 12, 1989, for the purpose of reviewing and considering the Application of West Park Company for a preliminary plat of the Southwest corner of Locust Grove and Chateau Street, Meridian, Idaho, for a 30 lot subdivision for Gem Park Subdivision. A more particular legal description of the above property is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome. DATED this/, 1� day of - c�S , 1989. AMBROSE, FITZGERALD &CROOKSTON Attomeys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8884461 I ( I I I I I'll, I ►+� Oil H 4 �� Z F y - �o ro 1-53 " 0 H � O 02 - - .. cn En z N F co ko 0 o vv coEn H ro a cn fly ��H H !v d� e r_ F r OD w e QUEST FOR SUBDIVISIOI7 APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made.. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P..M., Thursday following the Planning and Zoning Commission action. GENERAL YNFORMATION: - . Gem Park Subdivision 1. Name of Annexation and Subdivision, 2. -General location -1 Cornet of Locust Grove -Rd. & Chatedu St. 3. Owners .of record, Donald E. Garrett & i3elores L. Garrett - - Address Address _ , Zip__ elephone 4. . Applic_r rhe flest-park Company Address; 5137 N:" Leather Place -5. • :Engineer, David Roylance FiraRoylance - Address 4227 Emerald ` Idaho , ZiP 8312.k Telephone 336-7390 6. Name and address to receive City billings: Name The Westpark Company 'Address 5137 N. Leather Place Zip 8.3704 Telephone 375-0667 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 10 2. Number of lots 30 , 3. Lots per acre 3 ' 4. Density per acre 5. -Zoning classification(s)- R-8 -- 6. If t q_' oposed-subdivision is outside the Meridian City limits but within the Jurisdictional mile,..what is the existing zoning classification 7. Does the..,plat border a potential green belt No 9. liave recreational easements been provided for - 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas?_ Explain For future parks? Explain 4 RPQUEST FOR F.RELIMINARY *AT: Planning and Zoning Commis• n continued Page '2 PRELIMINARY PLAT CHECKLIST: Subdivision features continued 11. What school (a) service the area Meridian , do you propose any agreements for future school sites , Explain 1.2. Other proposed amenities to the City Water Supply Fire Department , Other , Explain 13. Type of Building (Residential, Commercial, Industrial or combination), Residential - 14. Tyne of Dwellingts) Single family, Duplexes, Multiplexes, other S.iriale Family& Duplexes 15. Proposed• development features: - a. Minimum square footage of lot(s), b.•• Minimum square footage of structure(s), c. Are garages provided for, Min.single square footage 200 d. Are other coverings provided for no e. Landscaping has been provided for n� _ , Describe To be. provided bei W l di nn contractor- &--.^+miner _ - f... Vrees will be provided forte - Trees will be -maintained g. Sprinkler systems are provided for NA _ .h. Are there multiple units " G , Typed lay , remarks _ Only on Lots 21 through 30 i. Are there special set.back requirements no , Explain J. Has off-street parking been provided forems , Explain k. Value range of property 1. Type of financing for development m. Protective covenants were submitted , Date 16. Does the proposal land lock. other property no , Does it create Enclaves no STATEMENTS OF COMPLIANCE: - - 1. Streets, curbs, gutters and sidewalks are to be constructed to-ttandards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use -is in conformance with the'City of Meridian Comprehensive Plan. J M¢fgdactwed by Alexander Clark Business Farms • 8p. (208) 322-0811 .._ .... •• .qtr . —. �.. REAL ESTATE PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY BUYER (Thla form to be used ONLY by members of the National A4soda11011 of REALTORS) WA POSBESBION. Buyer shall be entitled to possession on X3 closing O other --ate--agxaa8d _ In Writ . ttftgnQ* means the date on which all documents are N&COMaolatipulateathe terms Ofseleafthe propeAy. Read oerefullybeforesigning (Including Information anreveres &140. This IsalagallybindnigcolgracLIFYOU HAVE ,NY QUESTIONS, CONSULT YOUR ATTORNEY BEFORE StaNING. 1 Gregory B. Johnson & /.or AssignedP�e>t1. Idaho July 28 is99_ i a CL081N Buyer ahall pay for fuel In lank, amount to be determined by the supplier at Seller's expense. g item and Seller shell deposit with the closing agent all hinds and Instruments necessary to complete the els. The teralnaller Called "Buyer") agrees to purchase. and the undersigned Beller agrees to sail the I Bowing described teal eaUts heralnaRer referred to as "premises e . aamonlyknawnas.A y 1 f R m4lpy MW an T nruaot ornva Nnrth (See Attaches Leval).• ACCEPTANC(L Buyer's Olfer le made subject to the so tens of Sager an or before 12:00 o'clock midnight ql .11�' :Ityol Coantyol AAA ,Idaholeaauydesarlbeaas: See Attached T f FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer ' It .`.` waist' aothoresed broker to Insert over his sign) the 000ect legal description of the premlass If unavailable at the time of signing, or to corral the legal dpacdpUon entered U errenacus m InaomptdaJ . to ARRESTravlously ARREST MONEY. , . t) Buyer hereby deppsila sur earnest money add a receipt is hereby acknowledged of VIVA H11n d marl Tfnl l n rA R nn/inn dollars It , W . is (S et' O wed by. OCash §Pgrsonal Check 0Cashiers Cheek ONote Due per ti , ') Sam" Monsy to be dapotnad In I11101 apeoamt upon acceptance by e2 Parties and than behold by OLlding Broker dBef ing Broker OOiher 7 lr for the Went of the ponies hereto, and Deno' a Marshal l (Bioiur). shall hold the completely executed broker's copy of this agreement and Is responsible for the closing. is . ? :) If ail conditions have been met by Buyer, Buyer and Saner agree that the earnest money (lees credit report lase, and any other Buyer's cods) shall be refunded to Buyer In the event ON financing contemplated herein by Buyer W not obtainable. u n The parties agree that Pioneer i t civ e ; —Title Company shall provide said lige policy and preliminary report of commllmenl and the "storing ;!a so agent" for this transaction shall be U a long-term escrow/coneollon Is involved, then the escrow holder shell be at I. TOTALPURCHASEPRICEIS.� gjT eF}68Rd—�iB ,3F8 &—F16%100 DOLLARS ($ Rn nnn nn ) as to �r,,�t as as 24• tT fi� Cash down, Including above Earnest Money (Closing; coats are addiUonaq, as d. This agreement f oontktgent upon Buyer qualifying tor. Balance of the purchase price (M.I.P. not Included). yq , OFHA OVA 13COAVORUM41 GIH& Pachase loan balance as noted above for a period of years at % per annum. Of FHA or VA loan Is sought ' ar as read the applicable Pr&Aston$ On the reverse aide WOW Buyer shall pay no more than pointe plus origination fes U any. Sailor to pay only the dlaoowg go' pointe necessary In order to obtain above described financing but not to exceed _qb. O Buyer to ASSUME and O win O will not be required to qual ly for an EXISTING LOAN(8) of approximately S at no more than ilk withmomhiy so so Payments of approximately 8 PITL This agreement O Is O Is not cont a upon Lender releasing Seller's Ilo bflfry. as Type of loon Buyer an ly IC ch loan or se it(dn three (3) banking days after Sellers acceptance of this agreamero. OTHER FINANCING, TECOT7( r m at j9Y ale • ��.. I. THIS AQREBMLWTXK4 Ob not CONTINO6NT upon sale and otoaNp of onOr "Ipr� • s (U a oomUgenoy is noted Haled with oonllfngenOlaa, Including MertcalnY d applicable conditions In Paragraph # 16 On reverse aide. NOTE: Any waterer by the Buyer Unflar this section will be a welt of ALL 41 49 ITEMS SPECIFICALLY INCLYDBO W THIS BALE (If FHA/VA financing to sought see hem # 14 an reverse aide): 4 ITEMS SPECIFICALLY EXCLUDED W THIS SALEN: 44 COSTS PAID BYt Coale In addition to those listed below may be Incurred by Buyer and Sonar. Unless otherwise agreed hereln,pr provided by law or required by IsMer, 4a Buyer shelf purchase Sense@ reserve acoount u loan assumption. 0 O Yee ONa. Purchaser's Extended Coverage Title Policy requested. Additional prornIum paid by See Ilam # 17 on raven* dtls 48 R requesled by tender or otherwise stated herOK the below costs Will be paid as Indicated. Cash City/County Contract and/Qi Closing Lang Term Lender or Lean Wen Pumpbspect Code inspect. Document Agent's ESQIQw Code Pail By A teal AssumpL IespaCL septic U required Prep. Fee Fees Roah BUYER SALE IS COMPLETED UNDER TNS AQREEMENS WA POSBESBION. Buyer shall be entitled to possession on X3 closing O other --ate--agxaa8d _ In Writ . ttftgnQ* means the date on which all documents are Sam either recorded Of accepted by an saarow agent and the sale proceeds are avanable tO Seita. Taxes and water assessments (using the lad avauable assessment as a BUM EQUALLY basis), (0014, Insurenoa Vreml)ms, interest and reservos on Rana, onoumbrancea at obligations assumed and utilities Shan be prorated as of 49 so of an Cost of leader or cods With not to exceed 8 MIA Discount palma to be paid as agreed on One 29 and Sal SELLER UNDERSTANDS out as8resoft01-YCRY oroounrylnapectionsWMAYBEREQU/REDTOMAKEREPAIR3tothopmperlylnorderfocomply with the ftuslnpaodsW Ene?ORNOTA as ss SALE IS COMPLETED UNDER TNS AQREEMENS st POSBESBION. Buyer shall be entitled to possession on X3 closing O other --ate--agxaa8d _ In Writ . ttftgnQ* means the date on which all documents are se either recorded Of accepted by an saarow agent and the sale proceeds are avanable tO Seita. Taxes and water assessments (using the lad avauable assessment as a of basis), (0014, Insurenoa Vreml)ms, interest and reservos on Rana, onoumbrancea at obligations assumed and utilities Shan be prorated as of a CL081N Buyer ahall pay for fuel In lank, amount to be determined by the supplier at Seller's expense. g item and Seller shell deposit with the closing agent all hinds and Instruments necessary to complete the els. The sur so cloafngdsleahaubenohtlerlhan n..,.ebe nn infill er °'pun recording of final plat.o ACCEPTANC(L Buyer's Olfer le made subject to the so tens of Sager an or before 12:00 o'clock midnight ql .11�' •�a acceptance of Buyer on of before 12:W o'clook midnight of . TIME 13 OF THE ESSENCE OF THIS AGREEMENT. sf IMPORTANT - AGENCY DISCLOSURE. At the Ilene of signing this agreement the agent working with the buyer represented —cRa l IsarSur ',6111 and she agent working with the eeller represented . Each party signing this document Confirms that prior written d= Ofegen4waaProvided tohim/her inthistransaction. Io two transaction has read and understand& the contents of the agencydlaalow ebrochureptsv{ously 1T (coal" w Llaft Agency. SeuingAgenW: The Real Estate Group w By: p 8 non -9{� 78 SBatty Holton AME Pion To BSD B er a Address r 71 Bvyar hRed-1 uyeea Phwa: Resfdanca,-! % 3 Bualno■• �.=QLri. data, a prove an aura4 e 1 the sale l a above agreement and agree to cent' Out ail the tames thereof an the part of the Bella and gra rel undersigned further agrees to pay a total brokerage. tee of - 6% to the above named Brokers) for servbss. Brokersga tee Will be pall In cash'me" oUterwiso agreed In writing, 74 I/ we ►url Oknowle /�plpt a Imo i 1 this apreemem signed by both pertie& 7a re Q SOU Date Ylf Seuoes Address: — j 04 y� Bell Date�J� 8enar's Pham: Residence Bualnaaa 7s Q,A t `WAR-RANTY v DEIED It iFi ki no j FLOYO C. PINNEY G 914Nr-.y 11�1� 1;all(l and vilce", 1v hel'Oly Ow grantornS DONALD R. GARRETT and IJEWIMS I.I. CARk1.7-1',- IJU�UWIJMid lkfifC e u Mrwite" "s , ols wh" curvellt u0drru Ito � NOW1 36thl"trvat,�l 40'Itsia" Idaho," the followitig descrilmd jim"jaw. In ALI a YL, a O'�� R't lf; d 111 t 11 e 70tatllcasC uart cr t iofi 6, Ada 1, 0 ws c- I kill igIL, ar. it 434 oil thu `vi;t lot& I ille that S% CC 10'20 E., it d 660015 i -'L! I I rJ III i it 0 ClUiL I I., I L, I V* fit: J C 01101tu it t0 Sct: C dully J -t 6 T. 3 It. I F— S1 80'26' W., U di',ti0kL4.' of 1000.4,1 fct-t uo a iL rom- o u f 37 feur.l Jpcj� " hollk.:4! ,C,wlfli I og 81,35, 1:, a J,i..,1ikFkcv of 20412 1'#!et to it poilit; I helice r1Am4 Oil,, 81'53'30" I:., it d 1 k, fic,,- ul 198.cf2- Juet LO a P)(] I it t ; 11(j fit 1t 1 1.11111 i ij)l N 03, So- I . if al 151 kill. of 681,% Feer to a i'Wtk A 11 ( ; t. lkeni- 1'11,1 (1 11'11!. t 0' 20" W., a d , -. t a '1, 441,03 feut. to Elie ilk) I N I W, 111.1; 1 IN I rqf-; The :[hove ;4:S(- I i bCd property Lollf it lfiS 1 1) 1 0 1 L f- C , 1110 1'(,-' it C I o -i s I a fl, J i-- ; u b i #,I .. I to _, It a- i- III Gil I h (I t' r e "! L) I'd U I in use. illito file Gran A14111"hil] IMOWC?. AMJ '11d, S If 1 I No mfUd i.oulpm tJ qIod 1* C it f I I t,- i i I Ik. L I it 111111 1,1itt t hey I'Vill U.11 J .'lit, alljj dlitiL [ill III(' ""i Io P K" Iu1 r. U'11 14 int e)W V 'Io'Allb. COIP41Y of JOA i I i r r' Oc iIJA NO Jk� "014 'it" '4d 11"I'Mi- Ik try k,' ii k!O.'� 0lNI i 11u,D1 V; it w v I r.i i Volk a I I, IT, V, Ij P4 Vq a y 5,0 OF MERIDIAN 9 Ii nR E1u LA. P�o�ose d - oRRINGTpN CT I 8 •'1 tyCm l��K SK � � - 10 ' ^ 6 7 - -AL or t I OF. IT ---- —` -- _ JT �l - T N. CAAO/. 37 67 - i — = 3 c 1 i ;� as �G JI v' or Al -'� 3� i C A R 9,t 4 3 2 c� x ir 3-34,1 77 w. .7 Mi� _ 11 ~7-b2��_ �.r' ----- T T v , I • - : - �aQoa\ } _ ' 1 r f ' r' : ' .i. 51�0�Ltk-71g4 h i b"'1hb6 a':k 4"1 -'s � �• fi '4i'p � r .t� �,� , Fc .;2�r � fix, eta vt,ea } �' �. ��-' 1� � I �n li 7 � �"��;-' F Y. � l f � y.- -9 MERIDIAN PLACE SUBDIVISION NO. I r fn s oo, oo' oif w 360.87 nmo s? W.42 # REVISIONS no By DAIE cv Ct 0 ta Z13A 65.00 1 52.00 0 GARNET PLACE 241.41 Z w W; tarn alloo 7%00 7.0 - to IIP noo 52.00 SAPPHIRE PLACE 072-00 520z 40.9, CD FA vn,4, moo -a—oo IE a) Jim P 7100 t!115.78 AMETHYST PIACF- BLOO P, 1 j OPEN wTW S&M —cio. —Io. To. -W -39-3 LOCUST GROVE ROAD REVISIONS no By DAIE NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on October 17, 1989, for the purpose of reviewing and considering the Application of West Park draia�� Company for a preliminary plat of the Southwest corner of Locust Grove and Chateau Street, Meridian, Idaho, for a 30 lot subdivision for Gem Park Subdivision. A more particular legal description of the above property is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome. DATED thise� day f 1989. AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridien, Idaho 83842 Telephone 8884481 r, LG TON NOTICE OF HEARING "J )T r, r HE'R88Y GIVEN pursuant: r1aIIc-, S 0i= tl� City of Mer idian and the laws C)F the- Sty 1:e OI 1;i, -;ho, tiaai. _}i,. Planning f, Zonisl(3 Commission of tho City of [J�� ; i�lihold a public hearin-j -it_ the Meridian City Hall, 33 Meridian, Idaho® at the hour of 7:30 o'clock p.m.,; on Septejnb-�!i 12, 1989, for the purpose of reviewing and Considerinq tlit> Application of West Park Company for a R t Y preliminary Irl a t of t�.ie Southwest q,orner. of Locust Grovr_ and Chateau Street, n9eridian, I Idaho, for a 30 loE subdivision for Genn Park Subdivision. A more particular legal description of the abovt� property is on file in the office of the City Clerk of tht-2 City of Meridian and is available upon request. Public comment will be tak n and is welcome. DATED this ,/Vi day of �j , 1989. JACK NIEMYIN, CITY CLERK _ car/ —9'T (sOZ) oozes oyopl Golos plouw3 zZZ4 sjauuoldpuo-1 �OADAinS sjooulBu3 f7 ed )a NUMAIG tld WBO 3 MW R R ■ DIY arm ..m do LVI AMvwwrl3ad tl• "Z 1918.1 ISO avaa nom isrgoi I'M NOMMaM AVm RIm 0