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HomeMy WebLinkAboutCherry Lane Village #3 PPFebruary 20, 1991 Mr. Paul White Cherry Lane Development P.O. Box 2212 Boise, Idaho 83701 RE: Entry Lights, Cherry Lane Village #1 & #2 Dear Paul, The City of Meridian is in receipt of your letter dated February 13, 1991 asking the City to consider treating the entry lights if they were installed at Sugar Creek Drive, Lauderhill and Interlachen the same as we do other street lights in the City. The City of Meridian would be willing to pay the cost of the power for these lights providing that the homeowners association agrees to do any necessary maintenance on the lights. We would also request that the homeowner's association makes certain that the residents of the subdivision involved keep their yard lights in working order. Please advise when the lights are installed and we will have Idaho Power Activate them. Sincerely, Meridian, ID. pc: Mayor & Council Walt Casey I • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN JAGAANTrN,CIty Clerk NICE EMeasurer JANICE CITY OF MERIDIAN RONALD R. TOLSMA BRUCE D. STUART, Water Works Supt, J. E. BERT MYERS ROBERT GIESLER WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON EARL WARD, Waste Water Supt KENNY BOWERS, Fire Chief MERIDIAN, IDAHO 83642 CMlrm Zonings Planning BILL GORDON, Police Chief Phone 888-4433 JIM JOHNSON GARY SMITH, City Engineer GRAM P. KINGSFORD Mayor February 20, 1991 Mr. Paul White Cherry Lane Development P.O. Box 2212 Boise, Idaho 83701 RE: Entry Lights, Cherry Lane Village #1 & #2 Dear Paul, The City of Meridian is in receipt of your letter dated February 13, 1991 asking the City to consider treating the entry lights if they were installed at Sugar Creek Drive, Lauderhill and Interlachen the same as we do other street lights in the City. The City of Meridian would be willing to pay the cost of the power for these lights providing that the homeowners association agrees to do any necessary maintenance on the lights. We would also request that the homeowner's association makes certain that the residents of the subdivision involved keep their yard lights in working order. Please advise when the lights are installed and we will have Idaho Power Activate them. Sincerely, Meridian, ID. pc: Mayor & Council Walt Casey I CHERRY LANE DEVELOPMENT P.O. BOX 2212 BOISE, IDAHO 83642 February 13,1991 City of Meridain Hub of Treasure Valley A good Place to Live 33 East Idaho Meridian, Idaho 83642 Re: Entry Lights for Cherry Lane Village 111 and 02 Dear Major Kingsford City Council Members, Several weeks ago Walt Casey and I discussed the proposal offered by Cherry Lane Development installing entrance street lights at each of the three entrances/exits of Cherry Lane Subdivision No. 1, these being a light on either side of Sugar Creek Drive, Lauderhill, and Interlachen. These lights would be of the exact design of those being installed at the entrance/ exits of Woodmont Street and Ten Mile Road of Cherry Lane Village No. 3. This continuity of entrances and lighting would tie all three phases of Cherry Lane Village development together and perhaps enhance the cosmetic appearance of the overall area including the Golf Course as well as adding'a safety improvement at all these entrances. This proposal was presented to the Cherry Lane Village Homeowners Association Berard of Directorsandwas accepted with the following understanding: "Cherryane'Se"veTopment provide the fixtures and installation, the City of Meridian will absorb the cost of supplying and maintaining the electrical cost, and our Homeowners Association will perpetuate the maintenance and repair as required for the lights in Cherry Lane Subdivision No. 1. This project will proceed in unison with the development now underway." sem.. ._. 't 2 At the time Cherry Lane Development made this proposal I was under the understanding that City of Meridian paid the power for street lights. I am submitting a request for the City of Meridian to consider the entry lights to be treated the same as the street lighting program with Idaho Power -Co. Best regards, Cherry Lane Development Paul White PW:lg CHERRY LANE DEVELOPMENT P.O. BOX 2212 BOISE, IDAHO 83642 City of Meridain Hub of Treasure Valley A good Place to Live 33 East Idaho Meridian, Idaho 83642 Re: Entry Lights for Cherry Lane Village #1 and #2 Dear Major Kingsford City Council Members, 0 February 13,1991 Several weeks ago Walt Casey and I discussed the proposal offered by Cherry Lane Development installing entrance street lights at each of the three entrances/exits of Cherry Lane Subdivision No. 1, these being a light on either side of Sugar Creek Drive, Lauderhill, and Interlachen. These lights would be of the exact design of those being installed at the entrance/ exits of Woodmont Street and Ten Mile Road of Cherry Lane Village No. 3. This continuity of entrances and lighting would tie all three phases of Cherry Lane Village development together and perhaps enhance the cosmetic appearance of the overall area including the Golf Course as well as adding a safety improvement at all these entrances. This proposal was presented to the Cherry Lane Village Homeowners Association Board of Directors and was accepted with the following understanding: "Cherry Lane Development will provide the fixtures and installation, the City of Meridian will absorb the cost of supplying and maintaining the electrical cost, and our Homeowners Association will perpetuate the maintenance and repair as required for the lights in Cherry Lane Subdivision No. 1. This project will proceed in unison with the development now underway. z. • At the time Cherry Lane Development made this proposal I was under the understanding that City of Meridian paid the power for street lights. I am submitting a request for the City of Meridian to consider the entry lights to be treated the same as the street lighting program with Idaho Power=Co. Best regards, 0�4a7- Cherry Lane Development Paul White PW:lg OFFICIALS JACK NIEMANN, City Cork JANICE GASS. TrnAeunt BRUCE D. STUART. Watt, Worts Supt. W AYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fin Ch M1 BILL GORDON, Poliu CKIN GARY SMITH, City Ergitwsr . HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN November 19, 1990 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone US 33 GRANT P. KINGSFORD Mayor Mr. Paul E. White Cherry Lane Development P.O. Box 2212 Boise, Idaho 83701 RE: CHERRY LANE VILLAGE NO.3 SUBD. Dear COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERT GIESLER MAX YERRINGTON CKslrnsn Zoning a Planning JIM JOHNSON My Water and Sewer Superintendents advise me that the installation of this subdivisions sanitary sewer and domestic water systems has been satisfactorily completed. These systems have passed the required tests, in accord- ance with City Standards, and are hereby accepted by the City for ownership and maintenance. In accordance with present City policy, the installation and materials of the sewer and water systems are to be warranted against defect by the contractor for a period of one year from the date of this letter. The city must maintain, for accounting purposes, the costs of all sewer and water installations owned and operated by the City. We therefore need to receive the construc- tion costs for this subdivisions sewer and water system as soon as possible. Si cerely,, // ^p/' �Ut��'�-a-t�l� Gar Smith, PE City Engineer cc: File B.Stuart E.Ward August 9, 1990 Mr. Paul White Cherry Lane Development P.O. Box 2212 Boise, Idaho 83701 RE: Cherry Lane Village No. 3 Subd. Dear Paul: Regarding our recent telephone conversation concerning entrance lighting at the intersection of Woodmont Drive and Ten Mile Road for this subdivision, the city feels it would be very appropriate for you to provide the lighting in the form that you and I discussed. Your proposal of a rock or brick wall with a post type light at each end nearest the roadway would not only provide light for access and safety but would also contribute significantly to the aesthetics of the subdivision. We appreciate your willingness to provide this lighting. Sincerely, //Gary D. Smith City Engineer C. C. File City Clerk VALLEY • HUB OF TREASURE A Good Place to Live OFFICIALS COUNCILMEN JACK N,JANICEIEMAN arkRJ GASS, Tr aisuer CITY OF MERIDIAN E. BERT MYERSA BRUCE D. STUART, W afar Works Supt. ROBERT GIESLER WAYNE G. CROOKSTON. JR., Attorney 33 EAST IDAHO MAX YERRINGTON EARL WARD, Waste Water Supt. MERIDIAN, IDAHO 83642 KENNY BOWERS, Fire Chief Cta,rman Zoning A Planning BILL GORDON, Police Chief Phone 8884033 JIM JOHNSON GARY SMITH, City Engineer GRANT P. KINGSFORD Mayor August 9, 1990 Mr. Paul White Cherry Lane Development P.O. Box 2212 Boise, Idaho 83701 RE: Cherry Lane Village No. 3 Subd. Dear Paul: Regarding our recent telephone conversation concerning entrance lighting at the intersection of Woodmont Drive and Ten Mile Road for this subdivision, the city feels it would be very appropriate for you to provide the lighting in the form that you and I discussed. Your proposal of a rock or brick wall with a post type light at each end nearest the roadway would not only provide light for access and safety but would also contribute significantly to the aesthetics of the subdivision. We appreciate your willingness to provide this lighting. Sincerely, //Gary D. Smith City Engineer C. C. File City Clerk J -U -B ENGINEERS, INC. 250 South Beechwood Avenue, Suite I • Boise, Idaho 83709 • Telephone (208) 376-7330 June 11, 1990 Mr. Jack H. Niemann City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: CHERRY LANE VILLAGE NO. 3 SUBDIVISION Final Plat Dear Mr. Niemann: Enclosed for signature by the City of Meridian, as part owner of the Cherry Lane Village No. 3 Subdivision (Golf Course Fairways), is the ORIGINAL mylar drawing of Sheet 3 which is the dedication page. You will note that there are three owners of the property, the City being one of them. once the owners have signed the plat, we will submit it to the Ada County Highway District and Central District Health Department for approval and signature. After their approvals, the plat will be returned to the City of Meridian for approval by the City Engineer and City Council. We have included a blueprint of all sheets (1, 2, & 3) for your records. Please call if you require additional information or have any questions. Thank You. Sincerely, J -U -B ENGINEERS, Inc. ���� Gary a. Lee, P.E./L.S. GAL: Is Enclosure cc: Cherry Lane Development 0 0 S`I ATIE OF IDAHO DEPARTMENT OF HEALTH DIVISION OF ENVIRONMENTAL QUALITY FIELD AND WELFARE 8011 ReserveStrreetE Boise, Idaho 83712 (208) 334-3823 May 14, 1990 Cherry Lane Development P.O. Box 2212 Boise, Idaho 83701 RE: Cherry Lane Village No. 3 Subdivision Water and Sewer Lines Dear Sirs: The sewer lines and water lines for the above -referenced plans appear to meet Idaho standards and are approved. Sanitary restrictions may be lifted. Any major changes or changes which would result in violations of Idaho regulations must be reviewed by this office prior to field installation. Within thirty days after construction, a professional engineer registered in Idaho must provide this office with as -built plans or a letter of certification stating that the project was installed substantially according to the approved plans. Please contact this office at 334-3823 if you have any questions. Sincerely, K. Mark Mason, P.E. Water Quality Engineer KMM:cs Enclosure cc: Central District Health Department Gary Lee - JUB Engineers City of Meridian EQUAL OPPORTUNITY EMPLOYER 0 9 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 April 17, 1990, for the purpose of reviewing and considering the Applications of Cherry Lane Development, a partnership, as follows: 1. For a preliminary plat of Cherry Lane Village No. 3 Subdivision which is generally located in a portion of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho, for approval of approximately 34.77 acres for R-4 Residential of 96 single family residential dwellings. 2. For a variance a) from the Meridian Ordinance requiring pressurized irrigation system improvements, b) from the minimum 70 foot lot frontage at the 20 foot setback line for the cul-de-sac lots in the Cherry Lane Village No. 3 Subdivision, and c) from the Street Light Ordinance to allow yard lights with photo electric cells instead of street lights in Cherry Lane Village No. 3 Subdivision. The property is generally located at the NW corner of Cherry Lane and Ten Mile Road. AMBROSE, FITZGERALD B CROOKSTON Attorneys and Counselors P.O. Bos 427 Meridian, Idaho 83642 0 • A more particular legal description for the parcel 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 thisday of lYIRM,G1 1990. AMBROSE, FITZGERALD S CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83842 Telephone SM4461 February 4, 1991 Paul White Cherry In. Development P.O. Box 2112 Boise, Idaho 83701 RE: Cherry Lane Village #3 Dear Paul: At the time Cherry Lane Village #3 was approved, you advised that you would contribute $100.00 per lot as they were sold, to a fund to complete the Cherry Lane Golf Course. According to the City Records there have been three (3) building permits issued in Cherry Lane Village #3, so we would assume there has been this number of lots sold. At this time we are asking that you honor the committment that was made to contribute to this fund. Sincerely, pc: Mayor & Council NUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN JACK IEMANN, CityGASS, Treaeure1, CITY OF MERIDIAN RJJ.. EpBERT MOYERSA JANCE BRUCE D. STUART, Water Woft Supt. ROBERT GIESLER WAYNE G. CROOKSTON. JR., Attorney 33 EAST IDAHO MAX YERRINGTON EARL WARD, Waste Water Supl, KENNY BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Chalrman Zoning d Planning BILL GORDON, Police Chief Phone gg"33 JIM JOHNSON GARY SMITH, City Engineer GRANT P. KINGSFORD Mayor February 4, 1991 Paul White Cherry In. Development P.O. Box 2112 Boise, Idaho 83701 RE: Cherry Lane Village #3 Dear Paul: At the time Cherry Lane Village #3 was approved, you advised that you would contribute $100.00 per lot as they were sold, to a fund to complete the Cherry Lane Golf Course. According to the City Records there have been three (3) building permits issued in Cherry Lane Village #3, so we would assume there has been this number of lots sold. At this time we are asking that you honor the committment that was made to contribute to this fund. Sincerely, pc: Mayor & Council OFFICIALS JACK NIEMAN N, City Clark JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Ch let BILL GORDON, Police Chief GARY SMITH, City Engineer • HUB OFTREASURE VALLEY A Good Place to Live CITY OF MERIDIAN August 20, 1992 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor Mr. Paul White Cherry Lane Development P.O. Box 2112 Boise, Idaho 83701 RE: Cherry Lane Village #3 Dear Paul, COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERTGIESLER MAXYERRINGTON Chairman Zoning d Planning JIM JOHNSON At the time Cherry Lane Village #3 was approved, you advised you would contribute 4100.00 per lot as they were sold, to a fund to complete the Cherry Lane Golf Course. According to the City Records, there have been 26 building permits issued in Cherry Lane Village #3, so we would assume there has been this number of lots sold. You have previously contributed to this fund for seventeen (17) lots, therefore at this time we are asking that you honor your commitment for an additional nine (9) lots. Sincerely, PC: Mayor 8 Council OFFICIALS JACK NIEMANN, City Clark JANICE GASS, Treamwer BRUCE D. STUART. Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chet GARY SMITH, City Engineer May 10, 1990 0 NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Mr. Gary Lee JUB Engineers, Inc. 250 South Beechwood Suite #1 Boise, Idaho 83709 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 8884033 GRANT P. KINGSFORD Mayor RE: Cherry Lane Village #3: Dear Gary, COUNCILMEN RONALD R. TOLSMA J. E. BERT MYERS ROBERTGIESLER MAX YERRINGTON Chairman Zoning 8 Planning JIM JOHNSON At the Meridian Planning & Zoning Ccnmission meeting held March 13, 1990, the Ca[mission made the reoaomendation that the Meridian City Council approve the Preliminary Plat of Cherry Lane Village #3. Under the Ordinances of the City of Meridian the Crnmission does not take any action on the Final Plat of a subdivision. The Preliminary & Final Plat of Cherry Lane Village #3 was approved by the Meridian City Council at their meeting held May 1, 1990. For your information the City Engineer and myself will not be able to sign the Plat until the Covenants have been submitted and approved by the City Council. ty of Meridian, iD. 83642 • MERIDIAN PLANNING & ZONING MARCH 13, 1990 The Regular Meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: Members Present: Tim Hepper ,Charles Rountree, Jim Shearer, Moe Alidjani: Others Present: Max Boesiger,, Marcia Burton,, Gary Lee, Scott Swanbeck,, Barb Stotts,. Wayne Crookston, Max Yerrington, Walt Casey,, Paul White, Chris Rorte,, Max Boesiger Jr.,, Julie Parker, Terry Delaney,,Raleigh Hawe, Loring & Julie Evans, Steve Boyer, Michelle Atkinson, Liz Bolts, Bob.Strasser,: The Motion was made by Alidjani and seconded by Rountree to approve of the Minutes of the previous meeting held February 13, 1990 as written: Motion Carried: All Yea: The Motion was made by Rountree and seconded by Alidjani to approve of the Minutes of the Special Meeting held on February 27, 1990 as written: Motion Carried: All Yea: ITEM #1: PUBLIC HEARING: PLAT FOR CHERRY LANE VILLAGE #3 SUBDIVISION: Johnson: I will open the Public Hearing, is there a representative here to address the Commission on this issue, please come forward and be sworn by the attorney. Gary Lee, JUB Engineers, I reside at 1990 Turnberry Way, was sworn by the Attorney. Lee: Cherry Lane Village has been in development since 1978. This phase is phase 3. Phase 3 is located off Ten Mile Road and is boardered by the Golf Course, adjacent to Cherry Lane Village #2. The tentative plat for Cherry Lane #3 was approved in 1979. The project consists of 35 acres, there will be 96 single family lots. Density on that particular side is approximately 2.7 lots per acre, very low density in a zone of R-4. The minimum lot size is 8,000 sq. feet. We will be requesting a variance on a few of the lots for the minimum 70 ft. frontage requirement. The minimum structure size identified on the original plat is 1250 sq. ft., we'd like to request that that be modified to 1300 sq. ft. to meet the City's minimum requirement. The access to the project is from Ten Mile Road, Arrodemy,- and it's an extension of Woodmont Drive. The irrigation system, even though this plan was approved some years ago, we will be providing irrigation for phase 3 by a pressurized system. We've spoke with ACHD about some of their concerns about the alignment of the Streets, again' -this plat was revised to meet current standards. If thereis any questions I`'d be'glad to'answer them. Alidjani: Have you had a chance to look at. Gary SMith's'comments-, and do you have any - --- problems with them? - - - Lee: Yes, I have. No problems. We are looking at the concern stated°about the depth - - of the sewer. Rountree: The letter from ACHD indicated that there would be -a dedication of 33 -ft. of - right of way from center line of Ten Mile, your plat shows 40 'and that's consistent with our Ordinance so if -there -is no confusion on your part -it should be forty feet on Ten Mile. 0 MERIDIAN PLANNING & ZONING MARCH 13, 1990 PAGE#2 • Lee: I think what we will probably do on that is, ACRD doesn't want to take any more right of way than they feel they can maintain and that section is 33 ft. right of way halfwidthyrhich will show on the final plat but will also show as an additional 7 ft. future road easement available to the City, at such time they may need to develop a wider street through there. In the meantime what will happen is that the fence lines will be constructed on the 33 ft. right of way and the maintenance will be on the property owner. Rountree: Has there been any consideration given to fence & landscaping on Ten Mile? Lee: The preliminary plat shows a fence line along Ten Mile on the right of way line, it's showing on the 40 ft. line but I think we will have to put it on the 33 ft. line. Rountree: Is that a common fence to be put in by the developer? Is there going to be 7 different fences or - Lee: I'll ask Mr. White to comment on that. White: To be put in by the Developer. Rountree: You indicated there was some minor modifications on the final plat, could you show what those are. Lee: Basically what we've done is modified the lots that were substandard in domension. Rountree: In extending the sewer main line down Woodmont to Ten Mile is that tieing into an existing trunk line on Woodmont. Lee: Yes it is. Rountree: You've indicated that this is the 3rd development out there. Is there a current concept for what's going to happen in Cherry Lane Village. Lee: There is a master plan for the entire project which entails the 18 hole golf course, there hasn't been any recent updates to what has been done. Rountree: In the construction -phase youhave40 lots in Phase At how -many -in Phase B? Lee: Probably 25 or so. Rountree: There is a note on the- platu mote -8 the _final plat. --The descrption;.gf.._the project indicates that -the covenants are to be the same covenants that -exist -for - -- 1 & 2 and that doesn't include a homeowners association, that was -generated by the folks that live out there. This makes reference to a home owners=association.ia that - going to be included in the covenants? Lee: There will have to be 'a home .owners association, for; this r ase.because-9f the.- irrigation system. That is again one of the gray areas. Rountree; One area that I think .is going to become a problem is that area of the irrigation facility along Woodmont. It's going to be behind a number of lots even with the lateral and it's going to be between those lot fence lines and the access_and_the golf course, any discussion either to surface that area or how to provide some maintenance. • MERIDIAN PLANNING & TONING MARCH 13, 1990 PAGE #3 Lee: That particular boundary line there separates what the development includes and what the City of Meridian owns. It's on City property. Hepper: The only question I had was on the square footage on the garages, the 360 sq. ft. garage, is that going to be adequate for two medium sized cars? Lee: That was a figure we generated just as an estimate, 20xl8, I'm sure that there will be some garages that will be bigger than that. Crookston: Has ACHD expressed any concern about protection where that road is going to curve around the number 5 gceen? Lee: There was no concern stated in their comments. Johnson: Anyone else present to address the COrtmision on this issue, please come forward and be sworn. Loring Evans, 1955 N. Ten Mlle, was sworn by the attorney. Evans: I just had a questions on the usage of irrigation. I just needed to confirm the availability of that water. There is only two of us that have rights to that water in that ditch that runs adjacent to the property that is in question. Lee: There will be a tiled pipeline installed. Terry Delaney, 3671 Woodmont Dr., was sworn by the attorney. Delaney: I'm a resident of Woodmont Drive, I purchased property there approximately five years ago, the master plan was that Stanwich would be a go through street to tie into Ten Mile, therefore eliminating most of the traffic. If Woodmont becomes the access, we are opposed to that. Steve Boyer, 3663 Woodmont Drive, was sworn by the Attorney. Boyer: I also share the concern over Woodmont becoming the major connector. My concern is that Woodmont will become a raceway from the back of Cherry Lane to Ten Mile, I'd like to see something done to eliminate that problem. - Barbara Stotts, 3659 Woodmont Drive, was sworn by -the attorney. Stotts: We live at Lot 69 which is the end of the subdivision right now and we were told when we moved in by a Realtor -that it would be- at least.fifteen _years -before -that land would be platted. ---We bought the house under that assumption because we do have small children. The culdesac at our house -is constantly being used as a turn around by teenagers. Michelle Atkinson, 3721 Woodmont Drive, was sworn by the Attorney. Atkinson: I just wondered why there currently are no stop signs,or anything like that in the subdivision? _ Rountree: At this point, there isn'tsufficient-traffic volume to warrant any stop signs. 7 MERIDIAN P & Z MARCH 13, 1990 PAGE #4 11 Delaney: I would like to ask if Paul White or the gentleman that was here first could comment on the possibilities of putting Stanwhich through. Any consideration to that ,or do we leave here frustrated knowing that the subdivision is going to go in. Johnson: One of the main functions of the P & Z is to gather testimony, we are not the decision making body, we just make recommendations to the City Council. Evans: The concept of the fence along Ten Mile, what my concern is, I'm a landscape architect. At this point and time Ten Mile is just a country road. If you look at it from a long term consideration, it will I believe in the future have a high impact on the development and overall appearance of Meridian. If we simply address a 30 ft. setback and a fence without any consideration given to landscape, if you think of the long term affect of that I think it would be good if we could work with Mr. White on perhaps some kind of proposal that we could do something to enhance the appearance of Ten Mile other than just the fence. Alidjani: The problem I see with that is we are going to have the same problem that we have now and that is the existing side. There has to be some kind of maintenance program and who is going to pay for that. Evans: I can respect that but something has to be done. Alidjani: Isn't there an irrigation ditch that goes along Ten Mile. Evans: No sir, all that is there now is just a turf and then there is a small ditch. In that area where development is proposed it is just an open ditch. Gary Lee: We do have an extension on Stanwich planned. i do share the concerns about the traffic problems because I live on Turnberry. By putting Woodmont in I think it will more equally distribute the traffic. Addressing the concern about the ditch and the fencing, the developer has indicated that since we are going to have a homeowners association for the irrigation system and we will have irrigation water available, it would lend itself to develop some landscape along Ten Mile, and I'm sure we could work out some sort of fencing and landscape plan that would work. Boyer: When will that future development be? Lee: No time table developed -for this project. Delaney: I have two more comments, I think --that 70-80% although , -I do -feel -for Gary cause I know he's on that corner. Most -of- the- traffic -coming there does come :.from the Boise-- area oise area rather than coming from -Nampa . She -majority of that traffic -will,_ come_ through_: I would venture to say that the greatest majority would come -through -_i nt=afta= Interlachen will only be for the people going directly to the golf course. is'it'a possibility to put a mound fronting down Ten mile— Road. - --_ Johnson: I will now close the Public Hearing. Rountree: I have the same concerns that the folks have expressed related to the traffic problems. With respect to landscaping, I think JUB and the developer could Sft'down with ACRD and possibly work out some solution for what I'm concerned with on Woodmont not necessarily traffic volumes but .traffic .opeeds. -- MERIDIAN P & Z MARCH 13, 1990 PAGE #5 The Motion was made by Rountree and seconded by Shearer' to recommend to the City Council to consider approval of Cherry Lane #3 with the conditions that are outlined in my previous comment relative to design review for landscaping along Ten MIle, some design consideration for reducing speeds on Woodmont and irrigation variance with successful result of those issues approve the subdivision. Alidjani: Are you asking for redesign or reroute the whole Woodmont to go through off of Sugar Creek? Rountree: No, I'm looking at some design features that could be put in there from the traffic stand point in terms of signing, speed bumps, etc. Alidjani: So you motion is for the design to stay as it is, but you just need some design changes. ROuntree: Just some design changes to incorporate some of those features. Motion Carried: All Yea: PUBLIC HEARING: PRELIMINARY PLAT FOR MERIDIAN PLACE #3 SUBDIVISION: Johnson: Is there anyone present who wishes to testify, please come forward. I will open the Public Hearing. Julie Parker, 10900 Goldenrod Ave., was sworn by attorney. Parker: I am representing the developer. What we are basically proposing to do is to take that large lot that was platted under Phase 2 and develop 41 buildable lots with Lot 1 Block 1 being set aside for a well lot for the presurrized irrigation system you require. We are extending NE 10th Ave. into the subdivision along with Chateau Dr. and ending it up in our NW corner. They do share a corner north and west from our NW corner they have another 40 acres but they don't have access to this project. We are reducing the size of Chateau Drive with ACHD's approval from a 60 to a 50 in order to use it as a residential street rather than a collector. We are proposing City sewer and water and we are taking our storm drainage off of St.Fot draining it into a drop inlet with an oil trap and piping it into the Jackson Stub drain which will itsself be tiled. We got a current zoning of R-8 which means a 6,000 sq. ft. minimum and all of out lots exceed 8,000 sq. ft. We would ..like to add a note -to the-face_of the plat stating that the owner__ of that lot willbe entitled to a one time split. The developer will -be -constructing some duplexes. There will four hones with the minimum of 1000-1099 sq. ft., eight homes from 1100 to 1199, sixteen from 1200-1299 sq. ft., and 13 at 1300 sq. -ft.-and greater. Mr. Raleigh Hawe has sent a letter expressing a concern about an easement for his lateral which is the Stokeberry Lateral and.the water distribution -box that serves for the irrigation for his property. This will be addressed and taken care of when we get into the final engineering design stage and do a more extensive survey to find out where that crosses our property -and where it leaves. Alidjani: Do you have any problem with the concerns of our City Engineer. Parker: I Haven't received his comments. Alidjani: It reads that since Chateau is a main feeder line from the East I wonder if it should be a more curved alignment to the NE 10th Ave. to provide a more definite flow. N� c DWIGHT V. BOARD. President GLENN J. RHODES, Vice President CHARLES L WINDER. Secretary Cherry Lane Development PO Box 2212 Boise ID 83702 Re: CHERRY LANE VILLAGE #3 - ADA COUNTY, IDAHO 0 PLAT h 9, 1990 On March 8, 1990, the Commissioners of the Ada County Highway District (here- after called "District") approved the Preliminary Plat subject to the condi- tions as stated below: SITE SPECIFIC CONDITIONS: 1. Dedicate 33 -feet of right-of-way from the centerline of Ten Mile abut- ting parcel. 2. Curb, gutter, 5 -foot sidewalk and match paving shall be constructed on Ten Mile abutting parcel. Improvements shall be constructed to a 52 - foot back-to-back street section. 3. Provide adequate tangent section between reverse curves, per District Policy IV.D.2.k. 4. Provide a temporary public turnaround at the end of Peachtreeand Aronimink. STANDARD CONDITIONS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. cdc county highway disfrict 2 3 East 37th • Bcise. ICct�.o 83714 9 Phcne (208) 345-7680 Cherry Lane Developmet March 9, 1990 Page 2 4. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. obstructions (utility facilities, irrigation and drainage appurte- nances, etc.) shall be relocated outside of the proposed street improve- ments. Authorization for relocations shall be obtained from the appro- priate entity. 6. Existing irrigation and drainage systems shall be continued across parcel. 7. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. S. Design data for proposed access to public streets shall be provided for review and appropriate action by ACRD. 9. Direct lot or parcel access to is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 10. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. - 11. Driveways shall be located a minimum of 5 -feet from the side lot proper- ty lines. 12. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 13. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within15 calendar_days of theoriginal Commuch is sion action. The request shall include a statement exp laining why a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. 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: Cherry Lane Developfint • March 9, 1990 Page 3 a. Two complete sets of detailed street construction drawings pre- pared by an Idaho Registered Professional 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 speci- 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. 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. Please contact me at 345-7662, should you have any questions. ,. ADA COUNTY HI AY DISTRICT 1 � 'Jon Thompson tDeve opment Services JDT/ev cc: Development Services Chron J -U -B Engineers, 250 S Beechwood, Suite 1, Boise ID 83705 city of Meridian, 33 E Idaho, Meridian ID 83642 0 0 N'19'' I 1 ]I • • ]I' • DI 11 N I Do V • I • CI COMMENTS 1: Ada County Highway District: None received as yet:' 2: Central District Health: Can approve with central water & sewer: 3: Nampa Meridian Irrigation: Rutledge Drain Courses through the north boundry. The right -a- way is forty feet, 20 feet each side fran center, this must be protected. All Laterals and waste ways must be protected, drainage must be retained on site: 4: U.S. West: Easements seen adquate: 5: Police Departemit: No objections. 6: Building Department: No problens: 7: Sewer Department: See Engineers Ca[ments: 8: city Engineer: See Attached: 9: Ada County Highway District Comments Attached: 10: Public Hearing held before the P & Z Cc mission on March 13, 1990, Cminission recd mended that the City Council consider approval of this w/the condition that there be design review of landscaping along Ten Mile, sane design consideration for reduction of speed on Woodmont and that irrigation variance, with successful result of those issues approve the subdivision: 14111111111 Q 6 D S F � 9 s _ m An- t 0 a � 40, S � r M a Q S 3 c � h � h i 'A � r in -r N 9 re o06 ti T P 5 � z a r �o 0 OO h -tN M v s F a m A" �m N W o _ p N W S a T Q 6 D S F � 9 s _ m An- t 0 a � 40, S � r M a Q S 3 c � h � h i 'A � r in -r N 9 re o06 ti T P 5 � z a r �o 0 OO h -tN s F CENTRAL DISTRTCT HEALTH DEPARTMEC ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Return to: _ Boise _ Rezone # Eagle Conditional Use # ✓ Meridian i//Prel—i�u� y/F' tial/Short PI -pt _ Kuno -- ftr,6 y S � �Ey Lt1i°nisr A(7 Sobel./tti wJ 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 Tnterim sewage Individual sewage ___.Community sewage system and AYntral water Individual water _ Co mnunity water well. 8. _✓ 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, 1/� 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 Tdaho State Sewage Regulations. 12. _ We will require plans be submitted for a plan review for any (food establislment)(beverage establishment) (swimmning pools or spas)(grocery store). 13. Reviewed by Tate �I I IIiI�Mllllll I I llMllli i l l l l. r• � s e V� �o F set M �7 _ '•p��y+ r - E2 z w w a •o Ra i x w Y• Y• F-' n S O 0 g r� rt r O N G P N ] H R C h S m n n p N m 0 o - C r•Y• n 7� P. O �' (D w 7• r n 0 ti n❑ n M Y• - R m a i w w n P£ H M rt o n w 7 I Y• w m Y£ n o - v0 Y R y w o C d OV £ Y• Y. N Y• £ m w oo y m _ �. rt R_ Ej R rt G y M N O m w O• R £ fD G O' D w Roo n 0 O O• `C �• 7 G O rt 'tl Y• OJ' a •w h � m D Y• O r M O R 7 O W fD fD 0 O' fD OCOD �O I rt rt W O fD M 7 7 d 0 O 0 � Cx] HQp � I i x • i iq�1t Ei 0 M_y W - a �' ro Hpp • Y • T, • . � Y • r. oil 1111011111111114111111111 offo 2 I A f iJ - W o _ Z Ff i • - - m ro S&DIVISION EVALUAT%N SHEET (Recommendations only!!) Proposed Development Name CHERRY LANE VILLAGE NO. 3 City Meridian Date Reviewed 2/21/90 Preliminary Stage XXX Final XXX Engineer/Developer J -U -B Enqr./Cherry Lane Develooment Data Sent The following SUBDIVISION NAME is approved b the .Ada County Enginner or his designee per the requirements of the IDAHO E. -CODE. CHERRY LANE VILLAGE NO. 3 SUBDIVISION R. % / Date .Z Z lZ The Street name comments listed below are made 1b7 the members of the/AD O NTY 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 aooear on the plat as: "N. TEN MILE ROAD" "N. SCIOTO PLACE" N. WOODMONT DRIVE" "N. .ARONIMINK qAY" "PE.ACHTREE WAY" is a duplication and cannot be used. Please choose another name. "DORAL COURT" sounds too close to "LAUREL COURT and cannot be used. Please choose another name. Have the names approved by the street name committee. The following ne%v street name is approved and shall aooear on the plat as: "W. T[1PE[ 0 COURT" 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 COMMIZTE1 Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Local Fire Dept. Representative OR DESIGNEES Date Date__ Date NOTE: A copy of this evaluation sheet mast be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !111 Sub Index Street Index Map NUMBERING OF LOTS AND BLOCKS 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 and 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 March 13, 1990, for the purpose of reviewing and considering the Application of Cherry Lane Development, a partnership, for a preliminary plat of Cherry Lane Village No. 3 Subdivision which is generally located in a portion of the SE 1/4 of Section 3, T. 3N., R. 1W., B.M., Meridian, Ada County, Idaho, for approval of approximately 34.77 acres for R-4 Residential for 96 single family residential dwellings. The property is generally located at the NW corner of Cherry Lane and Ten Mile Road. A more particular legal description for the parcel 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/j� day of t- , 1990. AMBROSE. FITZGERALD B CROOKSTON Attorneys and Cwnaebn P.O. Bos 427 Meridian, Idaho 83842 Telephone 886 401 N 0 O M J -U -B ENGINEERS, INC. 250 South Beechwood Avenue, Suite I • Boise, Idaho 83709 • Telephone (208) 376-7330 February 14, 1990 Mr. Jack H. Niemann City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: CHERRY LANE VILLAGE NO. 3 SUBDIVISION Preliminary & Final Plat Application Dear Mr. Niemann: Enclosed for your review are the necessary documents as established in the City of Meridian Subdivision ordinance for a Preliminary and Final Subdivision Plat submittal for the above proposed subdivision. As stipulated by said ordinance, please find enclosed: 1. 27 copies of the completed Preliminary Plat Application. 2. 27 copies of the Preliminary Plat, 24" x 36" at a scale of 1" = 100' 3. 27 copies of the Vicinity Map, 8-1/2" x 11" at a scale of 1" _ 300' showing properties within 300' of the proposed development. 4. 27 copies of the General Vicinity Map, 11" x 17" showing surrounding areas within 1/2 mile. 5. 3 copies of the Improvement Drawings as prepared in 1980, including: Street Improvement Plans, Sheets 1 thru 8 Sanitary Sewer & Water Improvement Plans, Sheets 1 thru 7. 6. 3 copies of the Subdivision Legal Description. 7. 3 copies of the Property Owners List within 300' of the proposed development. 8. Check No. 202 from Cherry Lane Development in the amount of $960.00 for the Preliminary Plat & Final Plat Application Fee. 9. 27 copies of the Final Plat, 18" x 24" at a scale of 1" = 100' 10. 10 copies of the Final Plat, reduced to a scale of 1" = 300'. 11. 1 copy of the Cherry Lane Village Master Plan as prepared during the initial stages of development. J -U -B ENGINEERS, /NIP Mr. Jack H. Neimann February 14, 1990 Page 2 250 South Beechwood Avenue, Suite I — Boise, Idahole 12. 1 copy of Proof of Ownership. As noted on the Preliminary Plat, we hereby request two waivers to the ordinance requirements. First, since the cul-de-sac lots are quite large, an average of approximately 12,0000 square feet, we wish to request that the minimum lot frontage of 70 feet be reduced for a few of these larger cul-de-sac lots. Second, with the new ordinance requirement of separate irrigation facilities, we would propose that the first two phases of the development, about 80 lots, be constructed with "dry" irrigation lines, with the installation of the irrigation pumping facility during Phase 3 of the development. As we discussed, a formal Variance Request will follow. Also, the three sets of improvement drawings submitted are for conceptual evaluation only. We realize that the plans will need to be updated to today's ACHD standards. In addition, the developer will add the necessary "dry line" irrigation plans for review during the final design stages. We appreciate your assistance with this submittal additional information. Thank you. Sincerely, J -U -B ENGINEERS, Inc. �.� 7 G ry Lee, P.E./L.S. GAL: Is Enclosures cc: Cherry Lane Development Please call if you require M REQUEST FOR SUBDIVISION 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 Clerk's 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 1. Name of Annexation and Subdivision, Cherry Lane Village No. 3 2. General location, Northwest corner of Cherry Lane and Ten Mile Road 3. Owners of record, Cherry Lane Development, A Partnership 5. Address P. 0. Box 2212, Boise. Idaho , Zip 83701 Telephone 345-0322 4. Applicant, Cherry Lane Development Address, P. 0. Box 2212, Boise, Idaho 5. Engineer, Gary A. Lee, P.E./L.S. Firm J -U -B ENGINEERS. Inc. Address 250 S. Have recreational easements been provided for? Beechwood Avenue, Suite 1. Boise, Idaho Zip 83709 Telephone 376-7330 6. Name and address to receive City billings: Name Cherry Lane Development 10. Address P. 0. Box 2212, Boise, Idaho Zip 83701 Telephone 345-0322 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 34.77 2. Number of lots 96 single-family residences 3. Lots per acre 0.36 4. Density per acre 2.76 5. Zoning classification(s) R-4 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification? In City 7. Does the plat border a potential green belt? Golf Course 8. Have recreational easements been provided for? No 9. Are there proposed recreational amenities to the City? Yes Explain Existing Golf Course borders and is a part of Cheri Lane No 3 10. Are there proposed dedications of common areas? Yes Explain Lot 83, Block 5 and Lot 14, Block 13 to be dedicated to City For future parks? No Explain 0 0 REQUEST FOR PRELIMINARY PLAT: Planning and Zoning Commission continued Page 2 11. What school(s) service the area? Linder Elementary Meridian Middle School, Meridian High School. Do you propose any agreements for future school sites? No , Explain 12. Other proposed amenities to the City None Water Supply No Fire Department No , Other None , Explain 13. Type of Building (Residential, Commercial, Industrial or combination), Residential 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other Single-family 15. Proposed development features: a. Minimum square footage of lot(s), 8000 square feet b. Minimum square footage of structure(s), 1.250 square feet C. Are garages provided for, Yes Square footage 360 s.f. min. d. Are other coverings provided for? No e. Landscaping has been provided for Yes Describe required through f. Trees will be provided for Yes Trees will be maintained Lot owner g. Sprinkler systems are provided for "Dry Line Irrigation" h. Are there multiple units? No , Type remarks i. Are there special set back requirements Yes Explain 25' front. 5' side and 20' rear (could be waived)• 30' on golf course j. Has off-street parking been provided for No , Explain k. Value range of property $16.900 to $29,900 1. Type of financing for development Conventional. FHA VA M. Protective covenants were submitted *Same as No. 1 and No. 2, 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 standards 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. (2) 0 i STATEMENTS OF COMPLIANCE: Continued 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 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 submission 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 Commission or Council prior to submitting an application. 9-604 C. PRELIMINARY PLAT 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 request 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) CHERRY LANE VILLAGE NO. 3 ADJACENT PROPERTY OWNERS WITHIN 300' David M. and Margaret A. Durfee Walter 0. and Nancy L. Casey 3330 Sugar Creek Drive 3640 Sugar Creek Drive Meridian, ID 83642 Meridian, ID 83642 Phone: 888-9274 Phone: 888-6270 Don E. and Janet S. Byers 3350 Sugar Creek Drive Meridian, ID 83642 Phone: 888-2708 William M. and Shirley M. Hill 3420 Sugar Creek Drive Meridian, ID 83642 Phone: 888-2888 Richard L. and H. Maxine Palmer 3440 Sugar Creek Drive Meridian, ID 83642 Phone: 888-7718 Carl R. and Norene E. 7675 Esther Place N.W. Silverdale, WA 98383 Phone: 509-692-2851 Leon W. and I. Louise Gingrich 3650 Sugar Creek Drive Meridian, ID 83642 Phone: 888-2075 Arthur J. and Helen S. Finnell 3670 Sugar Creek Drive Meridian, ID 83642 Phone: 888-1287 Mark W. Clark 3680 Sugar Creek Drive Meridian, ID 83642 Phone: 888-3614 Schultz Leslie L. and Freda J. Slaughter 3720 Sugar Creek Drive Meridian, ID 83642 Phone: 888-3638 Cherry Lane Development P. 0. Box 2212 Boise, ID 83701-2212 Phone: 345-0322 Susan M. Metzger 3520 Sugar Creek Drive Meridian, ID 83642 Phone: 888-1854 Ronald C. and Lynne J. 3540 Sugar Creek Drive Meridian, ID 83642 Phone: 888-3988 Barbara H. Patterson 4320B 196th S.W., Suite 210 Lynnwood, WA 98036 Phone: John R. Ewing 3734 Sugar Creek Drive Meridian, ID 83642 Phone: 888-7700 Maestas Robert A. and Cynthia L. Giesler 3744 Sugar Creek Drive Meridian, ID 83642 Phone: 888-3780 John Edwin and Joy Bielenberg 3560 Sugar Creek Drive Meridian, ID 83642 Phone: 888-4033 Terry C. Amos 3580 Sugar Creek Drive Meridian, ID 83642 Phone: 888-1613 Lonney H. and Ganeille Posey 3645 Stanwich Drive Meridian, ID 83642 Phone: 888-4490 Larry R. and Sharlot 2121 Scioto Place Meridian, ID 83642 Phone: 888-1883 A. Hilliard Robert A. and Barbara K. Benner John D. and Beverly R. Rada 3620 Sugar Creek Drive 3650 Woodmont Drive Meridian, ID 83642 Meridian, ID 83642 Phone: 888-7873 Phone: 888-5723 James W. and Kimberly Ann Corey 1997 Kristen Way Meridian, ID 83642 Phone: 888-9267 William D. (Jr.) and Terri L. Tucker 3664 Woodmont Drive Meridian, ID 83642 Phone: 888-1103 Ronald G. Cook 3670 Woodmont Drive Meridian, ID 83642 Phone: Frank J. and Susan R 3674 Woodmont Drive Meridian, ID 83642 Phone: 888-6252 0 John E. Boyle, III 3711 Woodmont Drive Meridian, ID 83642 Phone: Rick M. Atkinson 3721 Woodmont Drive Meridian, ID 83642 Phone: 888-3754 City of Meridian 33 East Idaho Street Meridian, ID 83642 Phone: 888-4433 Berria James W. and Lois J. Fuller 1635 N. Ten Mile Road Meridian, ID 83642 Phone: 888-1116 Bob D. and Gigi R. Schreiner 3680 Woodmont Drive Meridian, ID 83642 Phone: Michael L. and Marilyn Meacham 3720 Woodmont Drive Meridian, ID 83642 Phone: Robert E. and Barbara E. Stotts 3659 Woodmont Drive Meridian, ID 83642 Phone: 888-4606 Rick A. and Nancy L. Ryerse 3661 Woodmont Drive Meridian, ID 83642 Phone: Stephen K. and Jean 3663 Woodmont Drive Meridian, ID 83642 Phone: 888-5453 John W. Marshall 16461 Sherman Van Nuys, CA 91406 Phone: Wesley B. and Nellie M. Campbell 3370 Sugar Creek Drive Meridian, ID 83642 Phone: Stephen L. and Annette Renberg 10649 W. Hickory Boise, ID 83705 Phone: Lydia H. Clark P.O. Box 669 Nampa, ID 83653 Phone: T. Boyer Loring M. and Julie A. Evans 1955 N. Ten Mile Meridian, ID 83642 Phone: 888-3414 William M. and Barbara Carpenter 3665 Woodmont Drive Meridian, ID 83642 Phone: 888-6586 Terrance P. and Shirley L. Delaney 3671 Woodmont Drive Meridian, ID 63642 ?hone..888-II34 Richard Hal and Dana Hatch 2055 N. Ten Mile Meridian, ID 83642 Phone: 888-2044 Douglas and Mary L. Anderson 3671 Stanwich Dr. Meridian, ID 83642 Phone: 888-1267 7917.112 ;.73 ;JG3 DECLARATIJN OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING CHERRY LANE VILLAGE No. 1 SUBDIVISION WHEREAS, NUPACIFIC COMPANY, INC., an .Oregon corporation hereinafter referred to as "Declarant", is the owner of certain real property situated in the City of Meridian, State of Idaho, known as Cherry Line Village, and VIILREAS. Cherry La;lu Village No. 1 Subdivision is a duly recorded plat; and WHEREAS, the Dec Tarant desires to declare of public record certain protective covenants, conditions and restrictions upon the ownership of real property: NOW, THEREFORE, in consideration of the foregoing, the Declarant does hereby declare that the folloving protective cove- nants, conditions and restrictions: I 1. Shall become and are hereby made a part of all conveyances of Block 1, Lots 1 through 3 inclusive; Block 2, Lots 1 through 10 inclusive, Block 3, Lots 1 through 23 inclusive; Block 4, Lots 1 through 17 inclusive; Block 5, Lots 2 through 51 inclusive, Block 6, Lots 1 through 30 inclusive) Block 7, Lots 1 through 8 inclusive, Block 8, Lots 1 through 12 inclusive) Block 9, Lots I through 10 inclusive, within the plat of Cherry Lane Village No. 1 Subdivision, recorded on the -27 day of ::T4Lak4ry , 1978, i In Book 44 of Plate at Page(s)9537- 3331 of the Records of Ada County Auditor, Ada County, State of Idaho; and, 2. Shall by reference become a part of any such convey- ances cf whatever kind and shell apply thereto as fully and with the same effeet as if set forth in full therein. -1- Z173 364 ARTICLE I DEFINITIONS 1.01 "Declarant" shall mean the NUPaeifae Company, Inc.. an Oregon corporation, its successors and as?signs. 1.02 "Owner" shall mean the owner of record, whether one or more persons or entities, of a fee simple title to any lot, or multiple family dwelling unit, which is a part of Cherry Lane Village No. 1 Subdivision, including contract sellers. 1.03 "Cherry Lane Village" shall mean all real property now and hereafter contained in the plats of Cherry Lane Village No. 1 Subdivision. 1.04 "Lot" shall mean plats of land designated for residential use within Che.. f Lane Village No. 1 Subdivision and identified on the plats thereof by Arabic numerals. 1.05 "Golf Course" shall mean all real property now and hereafter contained in the Cherry Lane Village golf course. I� 1.06 "These covenants" shall mean the Protective Covenants Conditions, and Restrictions as sat forth in this Declaration with respect to Cherry Lana Village, together with the Architectural Cortrol Committee rules as set forth in Article IV hereof, as the same may be amended and supplemented from time to time in accordance with the provisions of this usolssation.•*" ARTICLE II PROPERTY SUBJECT TO THESE COVENANTS 2.01 Initial development. Declarant hereby declares that all of the real property described above is hold and shall be hold, conveyed, hypothecated, encumbered, used, occupied and improved subject to these covenants. The above property together with other real property from.,time to time annexed thereto and made subject to those covonants shall constitute Cherry Lana VM& n. -2- •" .lnnr s.,t i.+n of :�,hst u. nt 1'ha:n^, ut: Chet t•: 1;,. tl Ltir. �•inG may Iron, time to tin,,• annex to cherry L.u:•_ vil:a.;e any adjacunt real property now or hereafter acquirad by it. The annexation of such additional phases of Cherry Lane Village shall oe accomplished as follows: A. Tho Declarant shall record a declaration which shall be executed by Declarant, and shall, among other things, describe the roal property to be annexed, establish any additional or different limitations, restrictions, covenants and/or conditions which are intended to be applicable to such property, and declare that auch pro;:�rty is held an,1 shall be held, conveyed, hypothe- cated, oi:cumhercd, u:; -,d, occu?icd and improved subject to these covenants. B. The property ...,eluded by any such annexation shall thereby become a part of these covenants. C. Notwithstanding any provision apparently to the contrary, a declaration with respect to any annexed area may: 1. Establish new land classifications and such limitations, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the develop- ment of the annexed propertyi and 2. With respect to existing land classifications, establish such additional or different limitations. restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of such annexed property. ARTICLE III RESIDENTIAL COVENANTS 3.01 Land use and building type. No lot shall be used except for residential purposes. No building shall be arocted, altered, placed or permitted to remain on any lot other t-ian one detached single family dwelling (with the exception of those lots -1- 373 , ass specified as duplex lots) not to ercoed two and one-half (2-1/2) stories in height, and a private yaraye for not loss than two cars. The foregoing provisions shall not exclude construction of a private greenhouse, storage unit, private swimming pcol or a sholter or port for the protection of such swimming pool, or for tho storage at a boat and/or camping trailer kept for personal us.e, provided that the location of such structure is in conformity with the applicable municipal regulations, and is compatible in design and decoration with the residence constructed on such lot, and has been approved by t' Architectural Control Committee. The provisions of this uection shall not be deemed to prohibit the right of any homebuilder to construct residences on any lot, to store construction materials and equipment on said lots in the normal course of construction and to use any single family residences as a sales office or model home for _the purposes of sales in Cherry Lane Village. 3.02 Dwelling site. The ground floor area or a one- story dwelli exclusive of open porches and garage shall be not less than 1250 square feet. In the case of a two-story dwelling, the lower or ground floor level shall be not less than 1000 square feet. In the event of a multi-level dwelling, the area of the one-story portion and the area of the upper level of the two-story portion shall constitute a minimum of 1300 square feet. 1 split entry or split foyer type home and a daylight basement home nhall have a main floor area of not less than 1000 square feet. With regard to duplex units, each side shill have not less titan 960 square feet. Further, •.ith regard tL duplex units, uach wilt Miall have constructed a garage for nu'. ess than lwu _ars, unless otherwise approved by the Architectural Control CONT. L L L(','. 373 ' 36'7 3.::i Bail.liro_._t sucks.' No build Lnq :Niall he lccatec: on anj 1.Y nearer than twenty-five ('.i) feet to the front lot line: nearer than twenty-five (2S) feet to the rear lot line, or nearer than five (5) feet to a side lot line, on corner lots the side yard shall be a minimum of twenty-five (25) feet on the side abutting the street. Such building setbacks shall be in effect with the exception of the following: A. All odd numbered lots &s designated on the plat in Arabic numerals, and with the exception of odd numbered cornered lots, shall have a front setback of at least thirty (30) feet unless specifically waived in writing by the Architectural Control Committee. All odd number 1 corner lots shall have setback restrictions as not forth in Section 3.03 above. B. For the purposes of setback determinations, all lots which are bordered on one side by a public street and on an adjacent side by a cul-de-sac shall be considered corner lots. C. All lots which have a common lot line with the golf course shall consider such side as the rear yard and therefore no structure shall be located within a thirty (30) foot rear yard setback of su,.h lot line, unless specifically waived in writing by the Architectural control committee. The Architectural Contro: Committee, upon application, may in its di:3cretiun waive any violation of this subsection which it find:; to have been inadvertent, provided the same would not ccnstitute a violation of local governmental ordinances. 3.91 Easements. Casements for installation and main- tenance of utilities and drainage, and irrigation facilities are reserved, as shown on the recorded plat. Within these easements. no structure, fence, planting or other materials shall be placed or p.rmau ed to remain which may damage or interfere with the in3tallatiun .and/or maintenance of such utilities, or which ^ay -: 7:3 - 368 chan•!c the direction of flough n drainage channel w of water through retard the flowOf in the easement:; or which r.,ny obstruct or e ment water throu=;h drainage ctianne L in the easements. The ease area of ead l; i`r ar••d all impro-ernents in it shall be maintained continuously t:i the owner of the lot except for those improvements for which a puulic authority or utility company is responsible. Easements to permit access for the standard play of golf during regular daylight hours on the golf course adjacent to the lots which are subject to these restrictions are hereby granted and established. These acts shall include, but not be limited to, the recovery of golf balls from such lots, the flight of golf balls over and upon such lots, the usual and common noise level created by the playing of the game of golf, together with all the other common and usual activity associated with the game ;I of golf. 3.05 Temporary structures. No structure of a temporary }: nature, trailer, basement, tent, shack, garage, barn or other + outbuilding shall be used on any,lot at any .UM as a residence. ' either temporary or permanent. 3.06 Irrigation. In accordance with the provisions of Idaho Code, section 31-3805, the Declarant assumes no respon- sibility for providing water for irrigation purposes other than through the domestic system, and the purchaser acknowledges the following: A. That irrigation water deliveries have not been provided by the b2clarantr B. That the purchaser of tte lot must remain subject to all a:;sessrwnts levied by the ircigation entity: c. That the purchaner shall be responsible to pay such lcy.,l a•::n•sdun•nts: I !o: .I ., anouts ar•• a I i, n o': Urr l.,rd w•lt'.:in •.... ..utvtr•.: tit til,- it t,,atta,u Cut.tty .end a:: provided tar try law; and Fl. I.�et th.• :)ecl.trant is not now, noir will It Le in „r tho maltr_on:ut.:u of any exiatin9 or t`n +}:rlom8, cana l a, or pipe, oIt her rune i it,; through Churry L.o:o village or any individual lot. 1.0F_oice:,. No (once shall exceed six (6) feet in height t10.finishod lot grade. to na event shall aide yard fav:C•-: 1`n•;cr beyond the tront walla of any dwelitng or garage. Ch.t: n -Link Ierces aro hot .thy I:ruhloi ted on ally residon- tial lot, except where required by the Declarant or any public agency in ordt•r to secure tlity sites, irrigation or arainago facilities or other peblic use as deemed necessary. Hedgos or other solid screen planting may be used as lot line barriers subject to the same height restrictions as ferias, provided, however that no such fence or hedge shall be pervILLtted along the front of a lot or dwelling structure. Both fences Jnd hedges located on the lot lines in common with the golf course shall include a gate for means of access to and from the golf course and shall be erected directly on the lot line, and all fencing shall be of a grape -stake design and construction. No fet:ce or hedge intersecting a lot line which is in common with the golf course shall exceed six (6) feet in height. 3.08 Offensive activity. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done_ thereon which tt.ty be, or may become an annoyance or a nuisance to tic neighborhood. 3.09 Uusiness_ead commercial uses. No trade, craft, Lu:;inu:r;, professjon, commercial or similar activity of any kind ri-d .,n .u:c I, 1, :Wr ,l• ___ '.1L'11 3'73 3'70 vehicles, materials or supplies used in connection with any trade, se -.vice or business be kept or stored on any lot, excepting the right of a:p• homebuilder and the Declarant to construct residences on any lot, to store construction materials and equipment on said lots and the normal course of said construction, provided, however, that nothing in these covenants shall prevent the Declarant, or any assignee, from the construction of and the normal business conduct connected with a clubhouse, professional golf shop, country club, and/or related facilities, as a part of the golf course. 3.10 Signs. Nk ,ign of any kind shall be displayed to the public view on any lot or improvement, except one professional sign of not more than six square feet advertising the property for sale. This restriction shall not prohibit the temporary placement of political signs on any lot by the owner, or placement of a professional sign by the Declarant, which must comply with the local sign ordinances. This restriction does not apply to 1 signs used by the builders during the construction and sales. 3.11 Parking. Parking of boats, trailers, mptorcycles, trucks, truck -campers and like equipment shall not be allowed on 'i any part of any lot or on public ways adjacent thereto excepting . only within the confines of an enclosed garage, storage port, or behind a screonirg fence or shrubbery which shall in no event project beyond the front walls of any dwelling or garage. 3.17 Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, oats or other household pots may be kept provided that they are not kept, bred or maintained for any commercial purposes. 3.13 Trash or rubbish. No lot shall be used or main- tained as a dumping ground for rubbish. 'trash, garbagu of othur waste sllall be kept in sanitary cohtaiveru and out of public view. All lucim•rators or other equipmoilt tor tlio vtoragu or -N- disponnl of such valrrl.il,c shall be kept in a clean and sanitary condition. 3.14 Construction completion. Construction of any dwelling shall be completed including exterior decoration within eight (8) months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weeds, debris, anti the grass thereon cut or mowed at sufficient intorvals to prevent creation of a nuisance or fire hazard. 3.15 Landscanc completion. All landscaping must be coml.loted within ninety (r" days from the date of occupancy of the residence constructed thereon. However, all lots abutting the golf course must be sodded and such sodding must be completed within forty-five (45) days of the completion of the residence, unless otherwise approved in writing by the Architectural Control Committee. In the event of undue hardship due to weather condi- tions, this provision may be extended for a reasonable length of. ! time upon written approval of the Architectural Control Committee. 3.16 Antennas and service facilities. exterior antennas shall not be permitted to be placed upon the roof of any structure r on any lot so as to be visible from the street in front of said lot. Clotho* lines and other facilities shall be screened so as not to be viewed from the street. 3.17 Trees. Each builder, or property owner within forty-five (45) days from the date of final yard grading of the residence, shall plant at least two 1-1/2 inch caliper, five gallon ornamental tress adjacent to the street right-of-way in the front yard. In the case of corner lots sach trees shall bo planted so that each side frontinq on a street contains at ledat end tn•.+. Such trc.•-1 oh -All he p1.1':.•;1 1n a manner equidistant from east, om Ilr.• el I..„rel I ­k I Illo tl, llnl. tllh"I't, 1:i,, .111. 1'..Ved t.l v;l tl.:.•I ly II,• PI CIiIILa'l ill .. l iuul l ul I•.1, 11'... Id W2 1. IM ��. .•,•� � u;-L�t.l,. N.� utd tvtdual wa tar .u� i•ly ayx t.:m shall ;rr cu tt.•d ..n an ;• los tdentlal tot. 1.19 Lxtrt,or finish. The exterior of all constructicn oe any lot shall be designed, built, and maintained in such a manner as to blend in with the naturnl surroundings, existing structures and landscaping within Cherry Lane Village. Exterior colors shall be of the flat, non -gloss type and shall be limited to subdued tones. Exterior colors must be approved by the Archi= tectural Control Committee in accordance with the provisions of this Article. Exterior trim, fences, doors, railings, decks, eaves, gutters, and the exterior finish of garages end other accessory buildings shall be deaigned,.bsilt and maintained to be 4 compatible with the exterior of the structure they adjoin. 3.20 Roofing. Only shake or the roofing shall be F used on any structure constructed on a lot unless approved other- wise in writing, by the Architectusil.Control Committee beforehand. 3.21 Yard lights. upon completion of a residential I structure a yard light shall be installed in a location not more than seven (7) feet from the inside of the sidewalk, and adjacent to, the driveway of such premises. Said yard light shall be of a standard six (6) foot height and the location and type shall be shows: on all planta for construction of each particular structure, and be subject to approval, as submitted to the Architectural Control Committee pursuant to 5I.04 heroin. ARTICLE IV AAC1I!TLCTUfL4L CONTROL COMMITTEE 1.01 ffombershiL:apoi ntmen[ and remo••a 1. The Archi- tectural Control Committee, hereinafter referred to as the Committeo, shall consist of as many persons, not less than three, 113 the Doelatant may from time to time appo::nt. Doclarar.t may remove any member of tho Committeo from office at any tiaw, aad :c.ry allpoint now or additional members at any t. L:.w. b.•elaran! -l0- :i 7:3 &;'3 shall keep on file at its principal office a list of names and addresses of members of the Committee. The powers and duties of such Committee shall cease in one year, or prior at Declarant's sole discretion, after completion of construction of all the single family d�cllings, and the sale of said dwellings to the i.iitial owner/occupant on all of the building sites within Cherry Lane Village and properties subsequently annexed thereto. 4.02 Procedures. In the event the Committee fails to approve or disapprove within 30 days after plans and specifications have bean submitted to it, .or in any event, if no suit to enjoin the construction has bell -ommeneed prior to'the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. 4.03 Action. Except as otherwise provided herein, any two members of the Architectural Control Committee shall have power to act: un behalf of the Committee, without the necessity of meet:nc and without the necessity of consulting the remaining members of the Committee. The Committee may render its decision only by written instrument setting forth the action taken by the mesbern consenting thereto. _ 4.04 Approval of plans by Architectural Control Committee. No building or structure, including swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications, and a plan showing the nature, shape, height, materials, colors, together with detailed plans showing the proposed location of the same an the particular building site have been submitted to and approved in writing by the Committee. All plans and specifications for approval by the Committee must be submitted at least twenty (20) days prior to th- proposed construction starting date. 4.05 Nonwaiver. Consent b•; the Committee to ally mni.tci prulosed to it and within its turiudictien under these ,173 ' 374 covenants s'iall not bo de,:med to constitute a precedent or waiver impairing its rights to wit"..hold approval as to any similar matter thereafter proposod or submitted to it for consent. 4.86 Liability. Neither the Comnittee nor any member thereof shall. be liable to any owner, occupant, builder or Decla- rant for any damage, loss of prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by him, acted in good faith. ARTICLE V GENERAL PROVISIONS 5.01 Term. Thi.: covenants shall run with the land with respect to all property within Cherry Lane Village and any s" subsequently eq y annexed properties and sball�,bebinding on all parties and all persons claiming under them until amended or evoked in the manner provided in 15.08. 5.02 Severability. Invalidation of any.une of these i covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect. In the event the provisions of these covenants are declared void by a court by reason of the period of time herein - stated for which the same shall be effective. -then in that event such terms shall be reduced to a period of time which shall not violate the rule against Suspension of alienation as set forth in the laws of the State of Idaho. 5.03 Standing. Should any person violate or attempt to violate any of the provisions of these covenants, the Declarant, -12- :03 ' &7a or any u:.ne: Verson or persons u4ning any real property embraced within the plat, at its or their option, shall have full power and authority to prosecute any proccedings at law or in equity -11- against the person or persons violating or attempting to violate any of the said covenants, either to prevent the doing of such or to recover damages sustained by reason of such violation. Should the Declarant employ counsel to enforce any of *1' these covenants, conditions or restrict laM= by swop of sn' t violation, all costs incurred in such anLosgaisi�t: ir�clodinq a ' y reasonable fee for counsel, shall be paid by the owner of such lot or lots and the Declarant shall have a lion upon such lot or lots to secure payment of all such accounts. 5.04 Effect of breach. The breach of any of these covenants, conditions, or restrictions shall not defeat or reader c. invalid the lion of any mortgage or deed of trust made in good tsith.tor value os..to any lop or k9" or poskioss of IONIA Bush . i a. presi.ses, but these covenants, oo�dltiog stterv4iiotl61r restrictions shall be binding upon and effective against any such 3:;:' mortgagee or trustee or owner thereof, whose titlo.thereto Or �•. .. _ whose title is or was acquired -by foreclosure, tr=tea'B 84141' or .�'. ;= otherwise. ; 5,05 Delay. No delay or omission on the part of the x 9 Doclarant or the owners of other lots in the properties in exec- 7 claing any rights, power, or remedy hareinprovided, In the event of an/ breach of the covenants, conditions, or restrictions hareinnantained, ahall be construed as a waiver thereof or acqui- esenca therein, and no right of action *hall accrue or shall any ' action be brought or maintained by anyone whatsoever against the Doolarant for or on account of the failure to bring any action on account of any breach of there covenants, conditions, or restriu- tiona, or for imposinq routrlctiona horoln which may be unenforae- 41,10 by Lha ue014r411L. -11- 7J 3'76 5.)6 Extent of renedios. These covenants, conditions and restrictionn, are cumulative, anti all remedies provided herein for breech are in addition to any rising remedies provided by local or state laws, and not in lieu thereof. 5.)7 Approvals. Approval by a city or county governing board, vested with the responsibility of reviewing planning and zoning having jurisdictions over this subdivision, of an appli- cation made by the Declarant which is in conflict with any cove- nants, conditions or restrictions of these Covenants shall in no way affect or invalidate these Covenants, but these Covenants shall remain in full fort end effect, and subject to enforremont and remedies for violation hereof, subject to the right of the Declarant to change the land use designation as provided in Article I1 h,3roln. 5.38 Amendment and repeal. These Covenants or any provision thoruof, as from time to time in effectwith respect to , all or any part of Cherry Lane Village No. 1 Subdivision may be 1 amended or repealed only by duly recording an instr•iment which contains an agreement providing for termination ane. revocation or amendment which is signed by the Owners of not less than seventy- five percent (75%) of the Lots. IN WITNESS WHEREOF, the Declarant caused its corporate vice Presidaat and name to be subscribed by its corporate secretary , this 30th day of March , 1975. NuPACIPtc COMPANY, INC. STATE OF OREGON ) L73; a77 : SS. County of NXTNOMAM ) On this day personally appeared before me, Leland M. Ascher and M. L. Currin to be the an lvi ua s described hereinan w o executed tthe efore- going instrument for NuPacifiC Company, Inc., and acknowlecged that they signed the same as their free and voluntary act and deed, for the uses and purpo.:es therein mentioned. Given under my hand and official seal this __20th day of March , 1978. 'e Notary ub ac n an for the State of _ Orerron Residing at: Portland My commission expires: 6122180 After recordin.• return to NUPacific Coapany P. e. Bot 1847 sellevw, NA 9b.09 cert a mAom coven W ant rra w ,awe wu� -Is- nq BenjFan* Inc. A rldiq d The lay. Ym,Wn ieJwd Sww aJ Lam Aan February 12, 1990 Faxed to: (208) 323-9336 Tom Eddy J -U -B Engineers, Inc. 250 South Beechwood Avenue, Suite T Boise, TI) 83709 For hand -delivery to: Grant Kinesford, Mayor City of Meridian 728 Meridian Street Meridian, ID 83642 Dear Mayor Kingsford: This letter will confirm that Benj Fran Development has sold its remainine interest in the property that we owned iit Cherry Laine Vil3are .in Meridian, Idaho. Cherry Lane Development has purchased the property on a contract. secured by a Note and frust Deed oo the property. They have our permission to record the final plat of the third phase of Cherry Lane Village. However, since we are still the fee simple owners of the property, we will sign the final plat fur Cherry lane Development. Tt you have any questions, don't hesitate to contact me at (SO3) 275-1513, Sincerely, 1 niC.Mcr_'. A I Nr_" Michael A. Nelson President MAN: be cc: Paul White, White -Riedel Realtors BmjFmt Development Inc.. 501 S.B. HowiMnte Blvd.. Suite 295, P.O. Boz 6400. PottLnd, Omgm 97M-6400 (503) 27x1519 1 J -U -B ENGINEERS. INC. 250 South Beechwood Avenue, Suite I — Boise, Idaho 8� Project: 14995 Date: February 15, 1990 DESCRIPTION FOR PROPOSED CHERRY LANE VILLAGE NO. 3 SUBDIVISION A PORTION OF THE SE 1/4 OF SECTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the SE 1/4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southeast corner of the SE 1/4 of Section 3, T.3N.,. R.1W., B.M., Meridian, Ada County, Idaho; thence along the Northerly boundary of the said Cherry Lane Village No. 1 Subdivision the following courses and distances to iron pins: North 60'50'49" West 307.03 feet; thence North 84°50'49" West 628.88 feet; thence North 0'19'11" East 320.00 feet along the Easterly boundary of said West 604.00 feet; SE 1/4 of Section 3, which is also the centerline of Ten Mile Road, to a brass 41°11'55" cap; corner of Lot 53 of Block 5 of Cherry Lane Village No. 2 Subdivision, as filed thence North 89°16'13" West 40.00 feet to an aluminum cap, also said point office of being the REAL POINT OF BEGINNING; of Plats at thence North 89'16'13" West 170.00 feet along a line Northerly of and parallel with the Southerly boundary of the said SE 1/4 of Section 3 to an iron O O pin marking the Northeast corner of Lot 3, Block 1 of Cherry Lane Village No. 1 Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 44 of Plats at pages 3537, 3538 and 3539; thence along the Northerly boundary of the said Cherry Lane Village No. 1 Subdivision the following courses and distances to iron pins: North 60'50'49" West 307.03 feet; thence North 84°50'49" West 628.88 feet; thence along the Easterly boundary of said Cherry Lane Village No. 2 Subdivision the following courses and distances to iron pins: North 69'30'00" East 521.56 feet; thence North 20°30'00" West 385.00 feet; thence North 69'30'00" East 150.00 feet; thence South 20'30'00" East 40.00 feet; thence North 69°30'00" East 100.00 feet; thence North 20°30'00" West 148.16 feet; thence North 61'35'49" West 604.00 feet; thence North 41°11'55" West 298.31 feet to a point marking the Southerly corner of Lot 53 of Block 5 of Cherry Lane Village No. 2 Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 46 of Plats at pages 3791 and 3792; thence along the Easterly boundary of said Cherry Lane Village No. 2 Subdivision the following courses and distances to iron pins: North 69'30'00" East 521.56 feet; thence North 20°30'00" West 385.00 feet; thence North 69'30'00" East 150.00 feet; thence South 20'30'00" East 40.00 feet; thence North 69°30'00" East 100.00 feet; thence North 20°30'00" West 148.16 feet; 1 Boise, J -U -B ENGINEERS. INC* 2W south Beechwood Avenue, suite — Project: 14995 Date: February 15, 1990 Page: 2 - Description for Proposed Cherry Lane Village No. 3 Subdivision thence leaving the said Easterly boundary of Cherry Lane Village No. 2 Subdivision North 83'15'00" East 366.27 feet; thence South 2°30'00" East 105.19 feet to a point of beginning of curve; thence Southeasterly along a curve to the right 42.17 feet, also said curve having a central angle of 23'27'22", a radius of 103.00 feet, tangents of 21.38 feet and a long chord of 41.87 feet bearing South 76'05'55" East to a point of reverse curve; thence Northeasterly along a curve to the left 29.72 feet, also said curve having a central angle of 85°07'46", a radius of 20.00 feet, tangents of 18.37 (� feet and a long chord of 27.06 feet bearing North 73°03'53" East to a point of �l�uJn ending of curve; thence South 59°30'00" East 50.00 feet to a point of beginning of curve; thence Southwesterly along a curve to the left 5.00 feet, also said curve 0 having a central angle of 0'37'22", a radius of 460.00 feet, tangents of 2.50 feet and a long chord of 5.00 feet bearing South 30'11'19" West to a point of ending of curve; thence South 59°30'00" East 109.97 feet; thence South 30°30'00" West 50.00 feet; thence South 10'51'25" West 102.08 feet; thence South 4°55'00" West 165.48 feet; thence South 88°01'00" East 369.24 feet to a point of beginning of curve; \J( thence Southeasterly along a curve to the left 45.96 feet, also said curve having a central angle of 9'24'20 a radius of 280.00 feet, tangents of 23.03 feet and a long chord of 45.91 feet bearing South 2'43'10" East to a point of ending of curve; thence South 89°40'49" East 148.99 feet; thence South 0'19'11" West 130.00 feet along a line 255.90 feet Westerly of and parallel with the said Easterly boundary of the SE 1/4 of Section 3; thence North 89'58'55" East 255.90 feet to a point on the said Easterly boundary of the SE 1/4 of Section 3; thence South 0°19'11" West 805.32 feet along the said Easterly boundary of the SE 1/4 of Section 3 to the point of beginning, comprising 34.77 acres, more or less. rvwmm+eerwPN+err++:u:z�._..__S c -?iiggganaa%w..i.;iA!Yq!its.i+?—..:::.i^?q•a.AAwAagei..uiwm�Yaa ai!'a�w'nu:we units �!iARaiNisige!ae I� I�p W Aiiiigiiw!!!!i W!igiAGNAtA W q'!N? 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P• is I, a 4A � ..��e :k i& O✓ � •W I i f / f s 6•JW P � u� f• y �`e Qs>s n V Su S i i �..oP a � _ •Ar � (t' lEN MItE ROAD it I I I � 6 aC � O 'air °sl a `sriji Eli[ soar xC9 °ysm O ZI Kzl�71T11 N _8i•� x^ '•9.98 R CF N $ orc ZGi a ° i Ez7 • 0 (0,-) - J -U -B ENGINEERS, INC. 250 South Beechwood Avenue, Suite I • Boise, Idaho 83709 • Telephone (208) 376-7330 February 16, 1990 Mr. Jack H. Niemann, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Re: Request for Variances for Cherry Lane Village No. 3 Subdivision at Ten Mile Road and W. Cherry Lane Dear Mr. Niemann: Pursuant to the procedures outlined in the City of Meridian, Idaho Zoning Ordinance, Cherry Lane Development, hereby requests that a certain parcel of land as described in the attached Variance Application and as submitted as a Preliminary & Final Plat to the Planning and Zoning Commission be given consideration for the variances as requested. The 35 -acre parcel of land is situated at the northwest corner of Ten Mile Road and W. Cherry Lane and is bound to the north, south and west by Cherry Lane Village No. 1 and 2. It is currently planned to be a residential subdivision known as Cherry Lane #3. The present land use of the property is golf course and vacant. The proposed land use will be residential in accordance with the R-4 Zone Designation. It is the intent of the owner to develop residential lots meeting the R-4 standard. The variance request is in two parts: (1) a request is hereby made to defer the construction of a portion of the irrigation system improvements; and (2) a request is hereby made to allow smaller frontages for the cul-de-sac lots than the City's 70 -foot minimum at the proposed 25' setback line. The following is a discussion of each request: (1) Since the requirement for a separate irrigation system is in its infant stage in the City of Meridian, we propose that "dry line" irrigation pipes be placed in Phases 1 and 2 of Cherry Lane #3 subdivision. At present count, this would include approximately 75 to 90 lots. When the third phase of construction commences, we would propose to construct an irrigation diversion structure, transmission pipeline and pumping facilities at the southeast corner of the subdivision that will service the entire development. The purpose of this request is that it would give the City time to evaluate and plan a City- wide irrigation system that could ultimately be tied into the Cherry Lane #3 system. The irrigation system would function better with 75 users than during the early phases which would have a limited number of users. Therefore, this request is more of a deferral of some of the required irrigation improvements than one of a variance. J -U -B ENGINEERS, IN* 250 South Beechwood Avenue, Suite I — Boise, Idaho At Mr. Jack H. Niemann, City Clerk February 16, 1990 Page 2 (2) The second request for variance is a reduction in the required 70 -foot frontage as measured at the proposed 25 -foot setback line for the lots shown on the final and Preliminary Plat of the Cherry Lane #3 and identified as follows: Scioto Place: Lots 17, 18, & 19, Block 12 Doral Court: Lots 35, 36 & 37, Block 12 Tupelo Place: Lot 47, Block 12 Woodmont Drive: Lots 16, 17, 18, & 19, Block 13 Aronimink Way: Lots Lot 8, Block 13 and Lot 9, Block 14 As shown on the Preliminary & Final Plat, the above identified lots are all cul-de-sac lots and Flag lots. Each lot is quite large, as indicated, with areas exceeding 10,000 square feet. Typically, the deeper into a cul-de-sac lot, the wider it becomes. These lots range in depth from 95 feet to 125 feet. We believe that the typical home builder can construct a sizeable home on these lots as planned without being hindered by the narrow lot frontage. In addition, the developments in the Boise City area will allow lot frontages as small as 30 feet. The Flag lots have a minimum of 30' frontage. If this variance is not granted, the developer would be forced to lose a certain number of lots to maintain our original concept plan. It would also force the cul-de-sac lots to be exceptionally large, typically 12,000 to 14,000 square feet. The owners have indicated that payment of all costs incurred by the City in processing the variance request including engineering, publication and attorneys fees will be paid in full by Cherry Lane Development. In addition, the owners have indicated that they will post said property one week before the scheduled hearing date in accordance with the City of Meridian Zoning Ordinance. We appreciate the opportunity to submit this Variance Request. Thank you for your consideration. Respectfully Submitted, J -U -B ENGINEERS, Inc. Gary A. Lee, P.E./L.S. GAL:Is CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance NAME: Cherry Lane Development, A Partnership PHONE 345-0322 Owner or holder of valid option ADDRESS: P. 0. Box 2212, Boise, Idaho 83701 GENERAL LOCATION: Northwest corner of N. Ten *tile Road & W. Cherry Lane LEGAL DESCRIPTION OF PROPERTY: See Attached Legal Description PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATIONL R-4 VICINITY SKETCH: A vicinity map at a scale approved by the Mayor showing property lines, streets existing and proposed zoning and such other items as the Mayor may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within contiguous to, directly across the street from, and within a 300' radius of the parcel (s) proposed for a Variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: (1) Deferral of a portion of the irrigation system improvements; and (2) reduction in the minimum 70' lot frontage at the proposed 25' setback line for the cul-de-sac lots. S I GNATURE-�1J 1- 11 CITY COUNCIL RECORDS Date Received City Council Hearing Date Received By REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed development, Complete the following questions and return with the application. 1. What is intended to be done on or with the property? (a) Construct balance of irrigation facilities in Phase 3 (b) Reduce some of the cul-de-sac lot frontages below standard and addition of a few flag lots. 2. What special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands. structures, or buildings in the same district? (a) Deferral of irrigation facilities would allow the City to develop standards and policies for residential irrigation. (b) Standard lot sizes average 8,000 s.f.; reducing the cul-de-sac frontage requirement would keep these lots from becoming excessively large. 3. Why will a literal interpretation of the provisions of this ordinance deprive you of rights commonly enjoyed by other properties in the same district under the terms of this ordinance? (a) Currently, there are no established standards or direction to implement the new irrigation ordinance. (b) A 70 -foot frontage on cul-de-sac lots would force the developer to lose a number of lots to satisfy the requirement. 4. What special conditions or circumstances exist that were not a result of your actions? (a) We are one of the first developments to be subject to the irrigation requirement. (b) Cul-de-sac lots are typically larger in area than standard lots. A reduction in these frontages would maintain a reasonable size lot. 5. Why will the granting of this Variance not confer on you any special privilege that is denied by this Ordinance to other lands, structures, or building in the same district? (a) Ultimately, during Phase 3, the subdivision will have a functional irrigation system per the ordinance. (b) Reducing the cul-de-sac lot frontage to the dimension shown will not reduce the lot area to less than 10,000 square feet. Therefore" the total buildable area would still be significant. (SEE ATTACHED LETTER FOR FURTHER DISCUSSION) �jSd;I Q LL w ° al M.wJ bCCCCC^ g O8 a : � ,n.9���yco�% ' N o N S S S S S S S 8 8 S S S. 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