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HomeMy WebLinkAboutChateau Meadows #4 FP7 MERIDIAN CITY COUNCIL MAY 7, 1991 PAGE #3 0 Myers: What that means then is that an accessory permit is for a home type business compared to a full blown retail shop. Crookston: That's correct. Eng. Smith: Explained extra water & sewer hookup. The Motion was made by Myers and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law. Roll Call Vote: Yerrington - Yea; Myers - Yea: Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Myers and seconded by Tolsma to approve the Accessory Use Permit. Motion Carried: All Yea: ITEM #4: FINAL PLAT ON CHATEAU MEADOWS EAST #4: The Motion was made by Myers and seconded by Yerrington to approve the final plat on Chateau Meadows #4 with the City Engineers approval. Motion Carried: All Yea: ITEM #5: APPLICATION FOR BEER LICENSE FOR PIZZA HUT: The Motion was made by Myers and seconded by Tolsma to approve the beer license for Pizza But. Motion Carried: All Yea: ITEM #6: PRE -TERMINATION HEARING: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre -determination hearing at 7:30 P.M. 5/7/91 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. You may retain Counsel. This service will be discontinued 5/15/91 unless paid in full. Jack and I have talked with Wilma Blair on her delinquency and would recommend that she not be shut off. Is there anyone from the public who wishes to contest their bill? No response. The Motion was made by Yerrington and seconded by Tolsma to approve of the turn off list. Motion Carried: All Yea: Kingsford: They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, Pursuant to Idaho Code. Even though they appeal the water will be shut off. The total amount this month is $10,601.20. I have one item I'd like to call the Council's attention to and that is the Cherry Lane Mobile Home Court is delinquent in the amount of $5,380.05. I have asked the City Engineer to follow up. 0 0 FINAL PLAT CHATEAU MEADOWS EAST # 4: C O M M E N T S 1: Ada County Highway District: Nothing received: 2: Central District Health: Can approve with central Water & Sewer: 3: Nampa Meridian Irrigation: See Attached: 4: City Engineer: See Attached comments: 5: U.S. West: No Comments at this time: 6: Police Dept: No objections: 7: Sewer Dept: Included in Engineers comments: 8: Street Name Committee: E. Green Meadow Court, is over ten letters in length & may need changed if ACRD will not make sign that long. Please get their approval in writing before using this name: a b H N F (-j 7711 K W K C] n ox C H n WG • n> rMO goo rym m A R N R to O psCL r z tb w a o w m C o m w Y• � r• � ao w m rn rt brrto ~ m? 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N a rt ro r rt Ln W 7 K R K H tat A �- l+J En H SUSIVISION EVALUATION SSET Proposed Development Name CHATEAU MEADOWS EAST NO. 4 City MERIDIAN Date Reviewed 4/18/91 Preliminary Stage Final Y XXXM Engineer/Developer Collins Engr /Interwest Development Date Sent The following SUBDIVISION NAME is approved by the Ada County Enginner or his de ignee per the requirements of the IDAHO STATE C07 ��vI.Y7 �L yWi If/ �ja� e5 must be recorded in order R. / Date The Street name comments listed below are made by the members of the ADA COU!JTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise .City Street Name Ordinance. The following existing street names shall appear on the plat as: "E. CHATEAU DRIVE" E GREEN MEADOW COURT" is over ten letters in length and may need to be changed if Ada County Highway District will not make a sign that long. Please get it in writing from them before using this name. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Local Fire Dept. Representative OR DESIGNEE�Sy Date `t /� Date �/ / l Li/ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index StPet Index Map NUMBERING OF LOTS AND BLOCKS Rezone # 1. 2. 3. _ 4. 5. 6. CENTRAL DISTRICT HEALTH DEPARTME00 ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET We have no objections to this proposal. Return to: Boise Eagle !/Meridian _ Kuna ACZ We recommend denial of this proposal. Specific knowledge as to the exact type of use must be provided before we can cament on this proposal. We will require more data concerning soil conditions on this proposal before we can comment. 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. We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. C/ 7. _ We can approve this proposal for: vCentral sewage Interim sewage Individual sewage _ Community sewage system and �ntral water _Individual water _ Community water well. 8. Plans for L'6ntral sewage Camunity sewage system Sewage dry lines, and (Ventral water Commmnmity 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 recammend 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 sutmitted for a plan review for any (food establistnent)(beverage establistment)(swimrdng pools or spas)(grocery store). 13. by J Date (pE F- rt 7 O fnA ~ 7 7 7 7 K �'{ F• 1'°U LLZ i"t W 'NC ►3 r" 15 n o O Co a i� n n a i KEn rs ' m ' 5q' ^ nm O~ fn6 H. rlrrn o L�� r~• f7 a W n tt�bboo ', o O K °n r K W R7 O t* Ari n fp E M OH. N fnaa� �01o a Ral ° 2 ro � rt A rl M N r- r• rt rr r• tp , r - r• N :37 r� r- m car o 5' n n e m a w W. rr H b H4 w r mo w rt Eros r rrn 0 Co m ro a rt c 7 K £ rt n W. Fl~ � v ro o r rpt EM z y O bH > t ro by 0 [+] > ro �c ro H � r kD r n� N � r yC7 nrt bN r z r� E 3� C7 [iJ 'C co to K n C � M>H n zy3 H H H4 o y O a r W. y H W m� o f ro a H c > r=, N n� C m0 tH' < H zy r nd O H rtn rC t7 t-' 60 5v m m Ul H t+7 b C ti F, O H w o t1i v o �o w car 1 H H czi rr ft 0 Cl F -I E A ¢QT ° rh] to H (7 re, d crEnx En N REQUEST FOR SUBDIVISION APPROVAL • R FIS 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 INFORMATION: J 1. Name of Annexation and Subdivision, CMA i Z5A ZA M4! �V � J �i4 S(7— 2. General location, �Z A* 1. Al c I T+1,s�.U/zw, 2' r-" 0�e @IOOtiJ- 3. Owners of record,2SyTf�we?� r/EY�GMir�Lf� T/1C- Address3j,O /C h�iQ/may} +yQi T.� , Zip C Telephone,.? S—d 4. Applicant, Address, ,(_ 5. Engineer, :)A-V rD CPLt- iei 57 Firm C4C +Z4-2 Address?3 570 /r7WFyr/oft4 Zip ­__0 Telephone 3¢¢ 6. Name and address to receive City billings: Name �ii i3 f lx1Q r Address �'�dil �� Zip Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres. ?394 2. Number of lots 9 3. Lots per acre 0-1133A--AP-T- 4. -1133A--AP-T-4. Density per acre 5- ( 7 = 5. Zoning classification(s) ..... 6. If the proposed subdivision is outside the Meridian City limits but w'th in the jurisdictional mile, what is the existing zoning classification_n(/ 7. Does the plat border a potential green belt yt/O. 8. Have recreational easements been provided for AA - 9. Are there proposed recreational amenities to the City A - Explain 10. Are there proposed dedications of common areas? 3&a ffv C Explain '/ For future parks? ryp. Explain (1) I REQUEST FOR kRELIMINARY PLAT: Planning and Zoning commission continue Page PREZ,IMINARY PLAT CHECKLIST: Subdivision features continued 11. at school(s) service the area do you propose any ag eements for future school sites Explain 12. Other oposed amenities to the City Water Supply Fire Depa ment Other Explain 13. Type of Build i (Residential, Commercial, Industrial or combination), 14. Type of Dwelling(s Single family, Duplexes, Multiplexes, other 15. Proposed development f\provide a. Minimum square ft(s), b. Minimum square fructure(s), C. Are garages provsquare footage d. Are other coverifor e. Landscaping has for , Describe f. Trees will be provided for , Trees will be maintained g. Sprinkler systems are provided for h. Are there multiple units , e remarks i. Are there special set back requirements Explain j. Has off street parking been provided for , Explain 16 k. Value range of property 1. Type of financing for development m. Protective covenants were submitted Does the proposal land lock other property , Does it create Enclaves STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidew lks will be five (5) feet in width. .Q�l/ � 2. Proposed use i in c nformance with the City of Meridian Comprehensive Plan. 0�Q (2) STATEMENTS OF COMPLIANCE: Continued 3. Development will anect to City services. YQ..' • 4. Development will comply with City Ordinances. gas=ements. 5. Preliminary Plat will include all appropriate 6. Street names must not conflict with City grid system. 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submis- sion of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commis- sion or Council prior to submitting an application. 9-604 C. PRELIMINARY PLAT 1. Application - The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2. Public Hearing to be Held Prior to Subdivision Plat Approval - A public hearing shall be held at the time of presentation of the preliminary plat by the developer to the Commission for the purpose of allowing public input on the proposed subdivision. 3. Combining Preliminary and Final Plats - The applicant may re- quest that the subdivision application be processed as both a preliminary and final plat if all of the following exists: a. The proposed subdivision does not exceed four (4) lots; b. No new street dedication or street widening is involved; C. No major special development considerations are involved, such as development in a floodplain, hillside development or the like; and d. All required information for both preliminary and final plat is complete and in an acceptable form. A request to combine both preliminary plat and final plat into one application shall be acted upon by the Commission upon recommendation by the Administrator. (3) " REQUEST FOR SUBDIVISION APPROVAL —s •F R FPLAT — 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 INFORMATION: - /� q}—�— 1,,�r 1. Name of Annexation and Subdivision, CMAiCSA /`�F�' �'�'"ST � 2. General location, Z Al. ! TTFC ,,,,- fgw. Z. r' Game 3. Owners of record,2S/ll��We3� Address 3j �0 /T f f�G� T� . ZiP Telephone/?�3 � 4. Applicant, Address,,� 5. Engineer, �/}-y ( CP Z /.tl 57 Firm 1.�n+A=�C 1KB Address 13 5 AA�/i/O ) j� Z 6 Zip____6 Telephone 344 44-5/ 6. Name and address to receive City billings: Name �iy i6 e -w a rr Address !:; t (g:—Zip Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 1 X394 2. Number of lots .9 0 3. Lots per acre 0 • L,9 3 3 A-e-/4tp'- 4. Density per acre S, (`l t 5. Zoning classification(s) R —$ 6. If the proposed subdivision is outside the Meridian City limits but w'thin the jurisdictional mile, what is the existing zoni'•n''g classification 7. Does the plat border a potential green belt '/AJC. B. Have recreational easements been provided for A 9. Are there proposed recreational amenities to the City A& Explain lo. Are there proposed dedications of common areas? Explain .� For future parks /VO. Explain (1) A(* . 0iuC REQUEST FOR PRELIMINARY PLAT: Planning and Zoning Commission continued r--iage'2 PRFJ,IMINARY PLAT CHECKLIST: Subdivision features continued 11. at school(s) service the area , do you propose any ag eements for future school sites , Explain 12. Otherproposed amenities to the City Water Supply Fire Deo\a3ctment Other , Explain_ 13. Type of Buildi q (Residential, Commercial, Industrial or combination), 14. Type of Dwelling(s Single family, Duplexes, Multiplexes, other 15. Proposed development 16 a. Minimum square footai b. Minimum square foota, c. Are garages provided d. Are other coverings e. Landscaping has been of lot (s) of structure(s), r vid d for f. Trees will be provided for g. Sprinkler systems are provided h. Are there multiple units i. Are there special set back square footage for , Describe Trees will be maintained j. Has off street parking been provided for remarks Explain Explain k. Value range of property_ 1. Type of financing for development M. Protective covenants were submitted Date Does the proposal land lock other property Does it create Enclaves STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian ordinance. Dimensions will be determined by the City Engineer. Al sidewl be five (5) e feet in width. Plan. f 2.Proposed use i in c nformance with the City of Meridian Comprehensive (2) � v _._.STATEMENTS OF COMPLIANCE: Continued 3. Development will nect to City services. J2-: 4. Development will comply with City Ordinances. ea S. Preliminary Plat will include all appropriate nts. a- 6. Street names must not conflict with City grid system. �/C/�� 9-604 B PRE -APPLICATION MEETING The developer shall meet with the Administrator prior to the submis- sion of the Preliminary Development Plan_ The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the commis- sion or Council prior to submitting an application. 9-604 C. PRELIMINARY PLAT I. Application - The applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless the above conditions have been met. 2. Public Hearing to be Held Prior to Subdivision Plat Approval - A public hearing shall be held at the time of presentation of the preliminary plat by the developer to the Commission for the purpose of allowing public input on the proposed subdivision. 3. Combining Preliminary and Final Plats - The applicant may re- quest that the subdivision application be processed as both a preliminary and final plat if all of the following exists: a. The proposed subdivision does not exceed four (4) lots; b_ No new street dedication or street widening is involved; C. No major special development considerations are involved, such as development in a floodplain, hillside development or the like; and d. All required information for both preliminary and final plat is complete and in an acceptable form. A request to combine both preliminary plat and final plat into one application shall be acted upon by the Commission upon recommendation by the Administrator. (3) MERIDIAN CITY COUNCIL MAY 21, 1991 PAGE #2 The Motion was made by Myers and seconded by Tolsma to approve the Conditional Use Permit. Motion Carried: All Yea: #2: AUTHORIZE MAYOR & CITY CLERK TO EXECUTE LATE COMER'S AGREEMENT WITH INTERWEST DEVELOPMENT CORPORATION: The Motion was made by Tolsma and seconded by Myers to authorize the Mayor & City Clerk to execute Late Comer's Agreement with Interwest Development Corporation: Motion Carried: All Yea: #3: DISCUSSION ON NEW TYPE TRASH CONTAINERS: Kingsford: We have had no response at all at City Hall. Alidjani: i had 15 to 20 calls not recently, but the calls I receive were asking us to supply the cans. Tolsma: How many customers would that entail out there? Alidjani: Total or the ones that have called me? Tolsma: The ones that would like to have them. Alidjani: About 20 and those are ones that have seen it or have used it. Kingsford: We could try it on a voluntary basis like Moe suggested. Discussion held on putting a flyer in with the water bills. (TAPE ON FILE) The Motion was made by Myers and seconded by Giesler to have it be an optional item. Motion Carried: All Yea: Alidjani: I want the Council to know that if there is not enough interest then I am not going to even order the equipment. Yerrington: What color are you thinking about? Alidjani:There istheat and fifteen colors, the dealer suggests longereither green or black because they do col ey $4: COVENANTS FOR 01AMM 4Aft SMIVISION #4.: The Motion was made by Myers and conditioned upon the "sneer`s a-- Motion Carried: All Yea: 0 -fie AA& -Lt a d otos Fast 0 I✓ia 21, /9q1 I 6eveo�fs — 1. Qage l— 2� Pt.7KA Valal� Sec{�ons 23 avid 40 sllou/d not (oc ex(eiofed. Ik)ctVke Sechbo 13 Shoulol be. of if applies SprciAee,41 , -�v hG.l sub(liuision. 77 4eld senna-iwfti" ii.rie ,fie Assocl"vho,n cr 4 -Pu Gwnvrs desire s'fr•eef lights fo i"e (nsfalled, �i_( ;,Xpf, e, V•' this jnSta/lafhon Shad be borne by tt►x Owhers. N 3, pnge - T}ew 24 - ppev,ous t)hoses or is subd��is(on huvE spolu„ ro specl%� lot Mll uirvvnP„�s �tr ma hkoet ,,ice c9a7�c� av,cd r-jYaI'kIill peas Alati o�nt; Ifr�,, 23 gf�:�r��ly if�P�; 4o f1Jif rya r �f cov (L �J�vc A e {J bt S�JP(I%c irr l�fv ✓ G—% Octc 4 CHATEAU MEADOWS EAST NO. 4 SUBDIVISION RESTRICTIVE COVENANTS The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants iu their entirety to apply to real property to be subdivided and contained in a subdivision to be known as CHATEAU MEADOWS EAST NO. 4 Subdivision, a portion of the SW 1/4, of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho. The Restricive. Covenants for Chateau Meadows East No. 4 Subdivision are the same in their entirety as those Restrictive Covenants adopted in that Phase of Chateau Meadows East Subdivision known as Chateau Meadows East No.1 Subdivision with the etception of Sections 23 and 40 below. The said Chateau Meadows East Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be In force and effect as outlined below unless or until terminated by agrot-ment of the owners of seventy-five percent (75%) of the land in the subdivision and after all lots therein have been sold by Interwest Development Corp., hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in this subdivision remain In the ownership of the Developer, and are as follows: (i) No building, fence, wail, structure, improvement or obstruction .shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not he unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set -back requirements shown on plat may be given by the Architectural committee upon proper showings and so long as the Meridian City ordinances on set -backs arr_- met. 9 • 2 (3) The ground floor area of the one-story house in this >ubdivision shall not be less that 1300 square feet on the ground floor excluding covered porch areas, breezeways, garages or patios. Two --story and tri -level homes shall have not less than 1400 square feet, exclusive of the covered porches, entrances, garages or patios. One -level homes with basements shall have a minimum of 2400 square feet with the ground level having a minimum of 1200 square feet, also excluding covered porch areas, breezeways, garages or patios. (4) The value of each constructed residence shall equal or exceed $68,000 based on December 1989 values. (5) The design of each house in this subdivision shall endeavor to include aesthetic qualities such as brick, redwood, n,dar, or atone facings on the front exposure. Bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors, or very dark colors shall be discouraged. (8) No gravel roofs, split entry homes, or moving of pre- built homes into subdivision. (7) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (8) All such parking area requirements shall be exclusive of a. required attached and enclosed two car garage area which will bold no less than two cars and no more than three. (0) For the purpose of the covenants, eaves, steps, and open perrchvs shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground WK. K . (10) Fences shall not extend closer to any street than twenty feet (20), with the exception of those lots backing to North Locust Grove or Chateau Lane, nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian City Council, and shall be of good quality and workmanship and shall be properly finished and maintained. The Iinvation of fences, hedges, high plantings, obstructions or 3 barrJers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural. ("ommitI(e .,hail be, binding on all parties as to whether an undesirable, noxious or nuisance use exists. (1-1) No Duplex or multi --family building shall be located within the boundaries of this subdivision. (i^) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. (13) The sanitary sewer line easement ,shown on the plat OnrrlmOn to the easterly line of Lot F and the westerly line of Lot Mock 1, that exists with the following conditions: (•i) The; easement granted is for the purpose of operation of a :.ar.itary sewer line and allied facilities, together with their maintenance, repair and replacement at the convenience of the city, with the free right of access to such facilities a any and all times. (b) The Lot owner(s) of record will not place or allow to be, placed any permanent structures, trees or large shrubs on the arca show;: for this easement which would interfere with the use of the easement for the purpose stated herein. (19) Landscaping of front yard is to be completed within 30 days of substantial completion of home, or within 30 days of Occupancy, to include but not be limited to sod in front yard, one flowering tree of at lease 1 1/2" caliper, three (3) five gallon plants and five (1) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time, upon written approval of the Architectural Committee. Grass will be planted In the back Yard within one year of occupancy. (15) Each home is to have a Photo -Sensitive yard or house I ight installed such that the front ,yard area between the house and the front property line is illuminated. The light is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of R0 watts and be wired direct to 11—aker box panel. (1 0) No building shall be moved onto the premises. (17) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. 4 (1�) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisanet- to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) i ;rhes . (19) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others. Any other requests by lot purchasers must be approved by the Architectural Committee. Dogs shall not be allowed to run at kargr . (,2Q) No business shall be conducted on the above property unless le. -ally permltted under the existing and prevailing zone restrictions. I£ permitted, no business or commercial use shall be allowed that cannot he conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil explora.tton or development of any nature or kind or mining (,xploration, development or structure shall be permitted upon the lotr, in this subdivision. (21) Only one (1 ) outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, compleIeIy finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (22) No building or structure shall be placed on said prnperty so as to obstruct the windows or light of any adjoining property owner in said subdivision. (23) The easement area of each lot and all improvements in ii shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or lit IItty is responsible. 9 s � I (24) This subdivision is within the Nampa-Merldlan Irrigatlon District and subject to any and all assessments of said district. (Ti) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant ')itl'ding, and shall be connected by underground pipe to wet line sewer connection lines. (2") 'o ,ign of any kind shall be displayed to public view on any building or building site on said property except a pe ofessiona1 sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during construction and sales period. If a property is sold or rented, any sign relating thereto shall, be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period following the sale. ( 2 7 ) \'o lot or building site included within this subdivision shall. be used or maintained as a dumping ground for waste- material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. 1128) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck -campers 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 ctcepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project b,yond the enclosed area. Parking of automobiles or other vebirics on any part of the property or on public ways adjacent I herein shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. 0 0 R (29) No machinery, building equipment or material shall be storf°d upon site until the Grantee is ready and able to commence the construction with respect to such building materials which thr_,n shat? be placed within the property line of such building site upon which the structure is to be erected. installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to he screened from street view. (31) These covenants shall run with the land and shall be %inding on all persons owning under them for a period of thirty (30) year:: from the date of this recording thereof, after which time such covenants shall be automatically extended for .ucc<^ssi%f periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by tij.• owners o£ 75% of the land of this subdivision has been recorded a;;reeing to change or terminate said covenants in whole or part an(! after all lots therein have been sold by the Developer. Modification or termination of these covenants can only be made with the consvnt of the Developer so long as anylot:, 1n th;s subdivision remain in Developer's ownership. ( 32 ) Enforcement against any person or persons violating or attomptlrg to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision either at )aw or equity. In the event of Judgement against any person for such the t`ourt may award InJunctton against any person for such vIOla t1oil, require such compliance as the Court deems necessary, aw:a_rd such damages, reasonable counsel fees and Court costs as May be .SG:ffered or incurred, and ,such other or further relief as may he ceemcd just and equitable. (33) Any Owner, or the owner of any recorded mortgage upon any p;,_rt of ss.id property, shall have the right to enforce, by procr'eding at law or in equity, all restrictions, conditions, covenants, reservations, h ens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall In no event be deemed as a waiver of the right to do so thereafter. 0 7 (',4) A committee of three persons shall act as an architactural design committee and shall, prior to any new c"nstruetion in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said uommittee sbal l approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of paragraph one (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. The committee shall consist of the following: A icon Blaser Waco Blaser Teresa A. Blaser 3R75 Twilight Dr 4378 Kitsap Dr. 3785 Twilight. Dr Boise, Id 83703 Boise, Id 83703 Boise, Id 83703 After the developer has sold all the lots in this subdivision, the Architectural Review Committee shall be turned ov"r to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A ma,iority if said committee is empowered to act for the committee. In the event any member of the committee is unable to art or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. (35) Damage to Improvements: It shall be the responsibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, and tiled irri;atio;; lines if any, and utility facilities free of damage and in good and sound condition at the conclusion of the Construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improve=ments are in good, sound condition at the time building is begun on each lot unless the contrary is shown in writing at the datr of conveyance or by date of possession, whichever date shall firv! occur, which notice addressed to a member of the Architectural Committee. 011) invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain In full force and effect. 0 0 7 P IjO:_N,E nWVERS ASSOCIATION (37) Membership: Every person or entity who is a record ow„r'e (including contract sellers) of a fee or undivided fee interest in any lot located within said property shall by virtue of such ownership, be a member of the Association. When more than one person holds .such interest in any occupied lot, all such pe.sons shall be members. The foregoing is not intended to include iorsons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appnrtena.nt to and may not be separated from ownership of any such lot subject to assessment by the Association. Sii�h ownarrsbip of any such lot shall be the sole qualification for becoming a member, and shall automatically commence upon a person becoming such owner, and shall automatically tv minate and lapse when such ownership in said property shall terminate or be transferred. The Association shall maintain a member list and may require written proof of any member's lot ownership interest. As additional phases of Chateau Meadows Subdivision are formed anO brought to completion, the new phase will automatically be integrated into the Association, with all restricK ons and privileges applied. The financia'. reports, books and records of the Association may be examined, at reasonable times, by any member or mortgagee. (31) Voting Rights: Each member shall be entitled to cast on -1, vo*..r, or fylutional vote as set forth herein for each lotin which he holds the interest required for membership. Only one vote 51111 bo cast with respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exercised by too contract vendor unless the contract expressly provides othorwise and the Association has been notified, in writing, of sued provflion. Voting by proxy shall be permitted. (39) Officers and Directors: At an annual meeting called Pursuant to notice as herein provided for establishment of annual ass ea:,menfs, a Board of Directors of the Association shall be clec=.ed by ballot of those attending said meeting and voting by proxy, provided that the total of all votes cast shall represent a quorum as hereinafter provided. 0 0 s There shall he three directors elected to serve for a period of theme years. Flection shall be by popular vote, the nominees roe-;.eiag the three highest vote totals shall be deemed elected. Each member shall be entitled to vote for three, nominees per membez,hip. 7n the avant any director shall be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term. (10) The Association shall operate, control and maintain any c-ommon :,:vas. For the purpose of these covenants and until such time as the City of Meridian or ACRD shall accept s ach for mntutenance; Lot 8 Block t of Phase 1, and Lots 10 and 12 ^1-ock 5 of Phase 3 are designated common area to be maintained by 'he Association. Tip Association shall have the right to dedicate or transfer s.11 or any part of the common areas to any public entity, authopity, or utility for such purposes and subject to such condi!_ons as may be agreed to by the members. No such condition t(, t 3u f:,, sba11 be effective, unless, authorized by members entitled to cast two thirds (2/3) of the majority of the votes at a spoKi l or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deem records, agreeing to such dedication or transfer, and unless written notice of proposed action is sent to every member not less than fifteen days (15) nor more than thirty (30) days pr!n; to such dedication or transfer; and the Association shall Lave !VP right to suspend any voting rights for any period during which any -scssment against said member's property remains onpa-id; and for a period not exceeding thirty (30) days for each infraction of 113 published rules and regulations. (41) Each owner of any Lot by ratification of these covenants or by acceptance of a deed or contract of purchase thc�reforp, whether or not it shall be so expressed in any such dared or other conveyance or agreement for conveyance, i.. deemed to c"V nant and agree to pay to the Association (1) regular onn;J:,' or other regular periodic assessments or charges not to exceed $14 per year, (2) special assessments for capital mpravementn' Ouh Oso essments to be fixed, established, and vollected from time to time as hereinafter provided. The regular and special assessments, t-ogether with such interest thereon and `Ont of rolle(.t.ion thereof, as hereinafter provided shall be a :ha.rgo on the '.and and shall be a continuing lien upon the pr'op'-'& y against which such assessment is made. Each such es:nc�a., together with such interest, costs and reasonable 0 0 10 ttorney,s fees, shall also be the personal obligation of the person tubo was the owner of such property at the time such assessment wa..s levied. The obligation shall remain a lien on the r>raperty until paid of foreclosed, but shall not be a personal obliga.tlon of successors in title unless expressly assumed. The assessments levied by the Association shall not be used for any purpose other than the Improvement and maintenance of the Common Area. SubJect to the. above provision, the Association D- rectors shaII determine the use of assessment proceeds „ adc'itic,n to t$a regular assessments authorized above, the As:;ociatlori m:_ry levy in any assessment year, a special assessment ,pg>lic;A to drat ,year only, for the purpose of defraying, in who?e or in part, the cost of any construction or reconstruction, =.1riox'W ter' repair or replacement of a capital improvement, provld d the assent of a two—thirds (2/3) maJorit,y of the C4<h'(? ,z—`.c votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obt-a1ned, written notice of which shall be sent to all members not less than fifteen (15) days nor more than thirty (30) days in of th,• Meeting setting forth the purpose of the meeting. 130 l regular assessments and any special assessments must be P, . . ': uniform r::te f,:,r al.l occupied lots and may be vlirctr'd on an annua_1, quarterly, or monthly basis in the r'.?s<,•=-tion of the Directors. (i`') A" t'r:, first meeting called, the presence at the rnt:ct!ng of members or of proxies to cast sixty percent (60%) of all v,>tees of the members shall constitute a quorum. If the 4,'Aui.'rrrI" Cjuoriiin is not forthcoming at any meeting, another mrrt;ni' may be called, ;abject to the notice requirements. No subs.°gnint meeting sha11 be held more than sixty (60) days fol',r,wIn9 the date of the meeting at which no quorum was fnrt9,comii,g- (Q'.) All lots s'Nall be subject to the annual or monthly s+ ;meat irevidcd for 11rr:^i11 on the first day of the month fc,'.';,mitt t1,<• action of the Board. The Board of Directors shall fix the amount of the regular assessment at least thirty (30) .'ay.; in advance of each assessment period. Written notice of the ..,r sment dates shall be established by the Board of Directors. The A;socia t on shall, upon demand at any reasonable time, furnl:;(r a rre,•tiflcata:; In writing signed by an officer of the A,,j. : a Iii'n fling forth whet he i• the assessments on a particular st have b:._n paid. A reasonable charge may be made by the Board s uancc, of these certificates. Such certificates shall be cona'.r,sive evidence of payment of any assessment therein stated to have been paid. 0 0 11 %;.y assessments which are not paid when due shall be ,ut•nt. if 1 c a.ssr:ssmenI is not paid within thirty (10) ays after thi due date, Ilie assessment shall bear interest from :te �>f dar'_lnquency at the rate of eighteen percent (1S%) per annam. The Secretary of the said Association shall f11e_ 1u the. of the. County Recorder, Ada County, Idaho, a lien ref7�!lr:;; Iii amount of any such charges or assessments, toge!.her with interest, as aforesaid, which have become d� l lnc;; en! w! : it re:;pect ' o any Lot on .said property, and upon p.=yment to full !',tereof, shall excclite and file a proper release of the 14eo r asing the same. The aggregate amount of such together with 111tcrest, costs and expenses and a reasonable attorney's fec for the filing and enforcement thereof., _.h>a" cnr:.,' i, 13 r a , ivit on the whole_ lot (including any Improv^men' locatvd ther e_rin), with respect to which it is filed Prom the dale tha lien is filed in the office of the said County tecorder for Ada County, Idaho, until the same has been paid or relr;�sed herein provided. Such lien may be enforced by said 4:x;:;0(-4;, 'or. !11 the manner provided by law with respect to tiens :po;: rr•;;1 p:•opert . The owner of said property at the time said essroent .s levied shall be personally liable for the expense;, and (3isbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of peocess1ng and !f necessary, enforcing such liens, all of which cxp4a31 1 costs and disbursements and attorney's fees shall be curcd by laic' lien, including all aforementioned expenses, ;s1)urseme11ts and fees on appeal, and such owner at the l:ne• scch asscssmen' is levied .shall also be liable for any de"icic•ncy remaining unpaid after any foreclosure sale. No owner ,;:;:; :^aive or thr•rwise escape liability for the :assessments ;1rov1dcd for herein by non-use of Common Areas of abandonment_ or his Iot. (45) The sale or transfer of any lot or any other part of sate' property shalt. not affect the assessment lien. No sale or rnsfer sIli, ll relieve such lot from liability for any mr_;;t.: t!)rreafter becoming due or from the Benin; thereof. (4(;) Tlt(. following property subject to this DcelarO I)n :F;a17. be er.ampt from the assessments created herein: (rl) all properties expressly dedicated to and accepted by a pablic authorlt,y; ;y ot'ter properties owned by the Association. 0 0 ;47; The. Association shall prepare an annual budget which ln!7_ indicst!_ anticipated management, operating, maintenance, :ep..ir nd ether common expenses for the Association's next fiscal year and which shaft be sufficient to pay all estimated nNp nses and outlays of the Association for the next calendar yuay graving out of or in connection with the maintenance and a_aperation of common areas and improvements and may include, among Other things, the cost of maintenance, management, special arse smonts, ft,V, casualty and public liability insurance, Qnmmon lighting, landscaping, and care of grounds, repairs, re novat.ians, and paintings to common areas, snow removal, wages, wnt«r char es, legal and accounting fees, management, fees v7panses and liabilities incurred by the Association fora. c evlown period, and the creation of any reasonable contingency on other reserve fund, as well as all costs and expenses relating 1P ' vommor, area and improvements. („y) The Asn ociation shall be responsible for the repairs, b;,Wad anal maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers f Ln"), payment of bills and related expenses for any Common Was . The Dir:_c,tor shall become the Architectural Committer as pvvvidcd to Paragraph 34 upon the sale of, the last lot in any +'utr. c Pha.-4 of ChatcDu Meadows East Subdivision. C49) The Board of Directors are empowered to obtain :pproprjak liability, casualty, fire or errors or omissions or cthar insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Assr.s:S::_Kon as a. cost to the Association. n) invalidation of one of these Covenants shall in no way affr :y of the other provisions which shall remain in full 'tr.:•cc ;and cffent. 0 0 Interwest Development Corporation A. Leon £laser, President STAT? 07 MHO ) r,7 AnA On this -_ th day of _ , 1991, before mr:, notary public in and for said State, personally appeared A. 770&er, !mown to me to be the President of Interwest ^,•.-..'.o;mcn! Corporation, whose name is subscribed to the fore ii, strume ni, and acknowledged to me, that he executed the is Mo. Notary Public Residing at: .__—_------_--_.__--- Commission Expires: