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Field of Dreams Subdivision FP
OFFICIALS JACK NIEMAN N, City Clerk JANICE GASS.Treesurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Wesle Water Supt. KENNY BOWERS, Fire Chlet BILL GOROON, Police Chief GARY SMITH, City Engineer April 1, 1992 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor Mr. Pat Davidson 1928 Leisure Lane Meridian, Idaho 83642 RE: Field of Dreams Subdivision Irrigation Drainage Piping Dear Pat: Today I met with Darrell Taylor, Bevel the site of the two pipes in question of your property. I have made measurements I took in the field and information. I had not realized the until I took these measurements today. oper of D near the a small enclosed location COUNCILMEN RONALD R. TULSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chelrman Zoning & Planning JIM JOH NSON eerfield Manor, at northeast corner drawing showing a copy for your of the pipe ends Our interpretation of the "Piping of Ditches" ordinance, copy attached, is that each developer of a subdivision is responsible to pipe any ditch, lateral or canal, exclusive of natural waterways, crossing the developing property. The location of the ends of the pipes installed to date show the intersection to be located on your property. No drainage ditches show up an a topographic map I have (1976 vintage) for the Deerfield Manor or Mist Meadow subdivided area. However, as you related to me there was a drainage problem at the northwest corner of Deerfield Manor property which generated the Misty Meadows pipe and the Deerfield Manor pipe. Based on the measurements I made and our interpretation of the Ordinance it would be your responsibility to connect these two pipes with a clean out box. This box can be a vertical piece of 36" diameter pipe with a concrete bottom and a lid, not accessible to opening by everyone. I apologize for the confusion on this matter. I should have referenced everything to property lines in the beginning. S'ncerely, ~~<; ary Smith, P.E. City Engineer cc. File Zoning MERIDIAN CITY COUNCIL JANUARY 7, 1992 The Regular Meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P: M.. Members Present: Ron Tolsma, Bob Giesler, Bert Myers, Max Yerrington: Others Present: Arlene Bodine, Marvin Bodine, Don Bryan, Florence Hall, Art Hall, Lee Sells, Gloria Sells, Valerie Davidson, Frank Thomason, Mr. 8 Mrs. J. R. Headriele, Jerry Iverson, Kevin Jones, Dennis M. Baker, Stephen Sanor, Darwin 8 Faye Buchanan, Jeri Corrie, A. Helen Sharpe, Dan Wood, Gary Lee, Gary Smith, Bill Gordon, Wayne Crookston, Jim Johnson, MINUTES OF THE PREVIOUS MEETING HELD DECEMBER 17, 1991: The Motion was made by Tolsma and seconded by Yerrington to approve the minutes of the previous meeting as written. Motion Carried: R11 Yea: OLD BUSINESS: ITEM itl : FINDINGS ..QF FACT -QN VARIAPIGg ,1R8OiJff8T HY DAVIDSON, PRESSURIZED IRRIGATION: The Motion was made by Giesler and seconded by Yerrington to the Findings as prr~:Med on'-tMVa`'~Ykad irrigation. Roll Call Votee Yerrington - Yea; Giesler - Yea, Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: The Motion was made by Myers and seconded by Giesler to approve the Variance. Motion Carried: All Yea: ITEM p2: VARIANCE REQUEST BY SENIOR CITIZENS: TABLED AT PRIOR MEETING: The Motion was made by Myers and seconded by Tolsma to drop the variance request by the Senior Center. Motion Carried: R11 Yea: J B'' BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF FIELD OF DREAMS SUBDIVISION FOR A VARIANCE FROM THE PRESSURIZED IRRIGATION ORDINANCE FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on December 17, 1991, at. approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT AMSROSE, FIT20ERALD 6CROOKSTON Allom~y~ ~n0 COUI1NIOry P.O. BOY ~2T MMUI~n, lano esNx T.Iwno~.ees.Ye~ 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for December 17, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 17, 1991, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. l.b, of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-606 B 14, Pressurized Irrigation system, requires that a pressurized irrigation system shall be constructed and installed at the same tune as the domestic water lines as a public improvement by every developer of a subdivision. 4. That the Applicant has requested that it be granted a variance from the above requirement and be allowed to have a gravity flow irrigation system since water is available and there are only four lots in the subdivision. 5. The property in question is in the W 1/2 of the E 1/2 of W 1/2 of the SE 1/4 of the SW 1/4 of Section 1, T. 3N., R. 1W., Boise Meridian, Ada County, Idaho. 6. That the property is zoned R-8 Residential; that the covenants and restrictions, however, limit homes to single-family dwellings and no duplexes or• multi-family dwellings may be constructed in the subdivision. 7. That Section 11-9-606 B. 14. provides that in the pressurized irrigation requirement shall not be required and may be waived. if the developer 1) deeds to the City land for a well, drills the well and places the well on line with the City water system or 2) the subdivider deposits, gives and grants sufficient funds with the City to purchase all necessary equipment to put the well on line with the City water system. 8. That the Applicant did not indicate the alternatives to AMBROSE, F1T2G ERALD BCROOKSTON AROrMY~ uM Counsel«. P.O. Box eY7 the pressurized system stated above were acceptable alternatives and those specific alternatives were not discussed at the hearing. 9. That one of the purposes of the pressurized irrigation system was to ensure that land owners received the water from the various irrigation districts that they were paying for•. 10. That there were no public comment submitted in opposition to the variance at the public hearing. f,ONCI_USIONS 1. That all the procedural requirements of the local Planning Act and of been met including within 300 feet of property. 2. That the to Section 11-9-612 the Ordinances of the City of Meridian have the mailing of notice to owners of property the external boundaries of the Applicant's ;ity has authority to grant. variances pursuant of the Development. Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provisions of Section 11-9-612, Variances, of the Development Ordinance is noted which is pertinent to the Application: 11-9-612 A. 1. PURPOSE AMBROSE, FITZOERAlO 6CROOKSTON Attorneys snE Counsaloro P.O. BoM .zT M«Im.n, la.no ex~z Talplrone BlB-~M1 The Council, as a result of unique circumstances (such as topographic - physical limitations or• a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are a follows: 11-9-612 A. 2, FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 7. That there does appear to be a benefit of profit, AMBROSE, F1T20ERAL0 B CROOKSTON Albmeyl Mo Counealon P.O. Boz 127 Merlolen, loe~o 838/2 TeleP~one 88&1181 economic gain or convenience to the Applicant in that a pressurized irrigation system would be more costly, however, the ordinance provides for a waiver- of that ordinance if the conditions are met. 8. That since the property involved already has gravity flow irrigation available the granting of a variance would not inhibit one of the purposes of the pressurized irrigation requirement of ensuring that irrigation is available for the land . i ~ ~ owners, however the ordinances of the city require that all irrigation ditches be piped. (11-9-605 M.) 9. That if the variance is granted the Applicant will still be required to pipe the irrigation ditches and therefore it should be the decision of the Applicant whether it is desireable to provide a pressurized irr•iyation system or• to pipe the gravity flaw ditches. 10. That reyarding Section 11-2-419 C it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be unreasonable in that the property has gravity flow irrigation available and waivers are allowed in the Ordinance if the conditions are met. b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the owner, subdivider or developer as a result of factors not self-inflicted. c. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That such variance would not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive Plan. 11. That since the property does have irrigation water available the conditions for a waiver ar-e not deemed to be applicable and the variance request shall be treated a variance of the entire ordinance; that there was no request for a variance AMBROSE, FITZGERALG acROOlcsroN from the piping of the irrigation ditches and such would not have A"^^~Y~•^" been looked upon favorably. COYIINIM POBOi2' 12. That it is concluded the Application should be granted Mx101~n,IENo BJMt r°"°"oneB°~"°' but that the irrigation ditches the supply each lot with irrigation water shall be piped as required under Ordinance 11-9- 605 M and it shall be left up to the Applicant as to whether the irrigation ditches are piped or whether a pressurized irrigation system would be prefer•r~able. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt AM BROSE, Alomays mtl Coon~elon and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN YERRINGTON COUNCILMAN GIESLER COUNCILMAN MYERS COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) APPROVED: VOTEU VOTEU VOTEU VOTED VOTED DISAPPROVED: ItlNo MERIDIRN CITY COUNCIL DECEMBER 17, 1491 PAGE 2 ITEM #2: PUBLIC HERRING: REZONE REQUEST BY SRM ZENOR: Kingsford: At this time I will open the Public Hearing. Sam Zenor, 2080 Turnberry, was sworn by the attorney. Zenor: I am proposing to open an R11 State Insurance Office at 1233 Meridian. I will be happy to answer any questions. Myers: Have you read the engineers comments and do you have any problem with that? Zenor: I have read it and have no problems. Giesler: We are going to get access for the parHing off of Cherry St. that runs along the side, is that correct? Zenor: Yes. Kingsford: Rnyone else from the public to testify? No response. I will close the public hearing. The Motion was made by Tolsma and seconded by Myers to approve the Findings of Fact and Conclusions of Law as prepared. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: RI1 Yea: The Motion was ^ade by Myers and seconded by Giesler to have the attorney prepare the Rezone Ordinance. Motion Carried: R11 Yea: ITEM #3s W~Bt..IC tYtINGz T+' ¢~- #~~a~~~+€a„ ~p~;~ a -~ :.~ Kingsford: Rt this time I will open the Pu63ic Hearing. Is there anyone present representing the developer? Gat Tealy, 479 Main Street, was sworn by the attorney. Tealy: I am here representing the applicant for this request. We have read the comments submitted by the City Engineer^ and have no problems with the requirements. Rny questions that I can answer I'd be glad to. C MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 3 C~ J Tolsma: The irrigation water here now as we understand it is all flood irrigation out of an irrigation ditch. Tealy: That's correct. The variance is to flood irrigate these parcel rather than pressure irrigate. There are only four lots in this subdivision and to put a pressurized irrigation system in would be rather costly and there is an excessive of water in this irrigation system to where the people are actually getting flooded out because there isn't a proper drainage at the end of this system. By using this water it also eliminates some of these problems. Tolsma: Did you see the comments fro^ Nampa 8 Meridian Irrigation? Tealy: That's a requirement of Deerfield Manor Subdivision and it is being rectified right now. Tolsma: There will be live water to the lots? Tealy: Yes. Kingsford: Has any provision been made far that excess water to run off? Tealy: The flooding is downstream fro^ this parcel. This parcel of ground we really can't remedy that situation. Myers: Have you folks talked to any of the people at the School District? They still have concerns about providing enough space for our schools. Valerie Davidson, 1928 Leisure Lane, was sworn by the attorney. Davidson: In regard to Joint School District ~2's request for a 1500.00 per lot fee to provide for future school needs and students growth we respectfully decline. We understand their desire for funds for future growth we do not however feel this request is the best approach to the situation. First the tax payers have not had a chance to vote on such an option as a development fee and secondly we contacted Meridian City and found no existing or new ordinance regarding this issue to require compliance. Thirdly we contacted a local attorney and found no legal grounds for compliance and so we fail to see the validity of such a request. MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 4 Giesler: We all realize that this is an important issue that is going to have to be resolved but I feel the City of Meridian shouldn't do anything on that until Boise and Ada County gets involved in that and the school contacts us and works something out because as of yet the school doesn't sees to get with us and sit down and work on this. I don't have a problem with this until they get with us and try to work something out. Kingsford: Anyone else from the public who would like to offer testimony? Cecil Cherry, 1926 Leisure Lane, was sworn by the attorney. Cherry: I also own the lot that this between ^y home and this new subdivision that's coming up. The question that I have is why is my lot the only piece of property along the new road that can't be developed? Myers: Why can't that 6e developed? Cherry: Because they won't let •e hook onto water and sewer. Eng. Smith: When we started work on the Deerfield Manor Subdivision this item came up and we originally suggested that sewer and water stubs be provided to the properties along the west side of N.W. 11th Street, which is the street that runs through Deerfield Manor. Rfter further consideration it was very apparent that if we did that the properties that hack up to 11th and also front onto Leisure Lane wouldn't then participate in sewer or water construction within Leisure Lane if they already had access to sewer and water in 11th Street. That was the reason that Mr. Cherry's property and other property to the south of him that also front Leisure will have to service off of Leisure Lane. If they have access to sewer and water on 11th then there wouldn't be any incentive for those properties to participate in the cost of installation in Leisure Lane. That would through the total burden of construction of water and sewer in Leisure Lane to the properties on the west side of Leisure Lane and I guess it was the feeling after we discussed this that that would be an activity for the people on the west side of Leisure Lane. That the extension of sewer in Leisure Lane and water if it was to be extended should be participated in 6y all the property owners on Leisure Lane. This property that is being developed now are the easterly portion of the property the Davidson's own and their remaining lot on which they have their house located will front Leisure Lane and will be served by sewer and water if it ever is developed in Leisure Lane. i • MERIDIAN CLTY COUNCIL DECEMBER 17, 1991 PRGE S Myers: The addresses on all these, I mean they front Leisure Lane? Eng. Smith: Yes. They all front onto Leisure Lane and they would have to be served by sewer in Leisure Lane. On the Dunten Place Subdivision we provided at the City expense we extended the sewer through or between some lots on Dunten Place toward Leisure Lane. It has a short distance to run yet and to get into that little culdesac on the end of Leisure Lane and at that paint then it can be picked up by the residents in Leisure Lane at whatever time they may need sewer there. So we have made a provision to get sewer to them or at least into Leisure Lane for future connection. Cherry: Leisure Lane is a paved run and it runs down to where my home starts and that is the end of it. Explained he has been to mapping, zoning, and highway and there is no record of any road there at all. Finally they told me to go to the assessors office, that somebody had to pay taxes on that. I went there and I found out that I was paying taxes on it to the middle of the road. They call it a driveway. 1f I have to develop onto Leisure Lane, I have no water, no sewer, no electricity, no telephone or no gas or no road. I go to the east I've got public road, public sewer, public water, electricity and I've got telephone. It seems real foolish. I can't develop to the west of me they say that it's not legal and I can't develop it. The only way I can develop is on the other and I came here before you people here and was told I had to develop onto the new road if I develop. So I can't do anything with it. If they can and I can't that's discrimination! I think I have a right to hook onto it. Kingsford: Sewer and water will be through Leisure Lane. Cherry: Not through that part. Kingsford: How do you propose to sewer the people on the west side? Cherry; Explained his proposal. (See tape) Kingsford: Anyone else to testify on this 'Qsa?-'Nb"-rasponse. I will close the public hearing. The Motion-was ~=by.~4yers aad~--#~~,q~a,~ :.to approve the preliminary and final plat foi-'"Field of Drear'S SiiBdi~Sision. Disc_ission. (See tape) MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 6 ~~ The Motiplt:~~=„ dt 6y Myers and seconded by Yerrington to approve the preliminary and final plat without variahce for Field of Dreams Subdivision. Motion Carried: ill i Yeac . _. The Motion was made 6y Myers and seconded by fiiesler to have the attorney prepare Findings of Fact and Conclusions;'ot Law on Field of Dreams Subdivision Variance. Motion Carrieda All Yea: ITEM #4: COVENRNTS ON FIELD OF DREAMS SUBDIVISION: Crookston: I have reviewed them and there needs to be a change in paragraph A#1 on the first page. It states that no lots shall be used except for home occupation - I don't think that was their intent. There is a spelling change and a word needs to be changed in paragraph il. The Motion was made by Myers and seconded 6y Tolsma to approve the Covenants subject to the attorney's recommendations. Motion Carried: All Yea: ITEM #5: REQUEST BY DUNCAN GRRNDIN TO PLACE MANUFACTURED HOUSE AT 3i8 E. PINE: Kingsford: Duncan could you come up please. Grandin: Contractor hasn't showed up yet and would like to be delayed on the agenda. ITEM #6: REQUEST BY ROD'S CONSTRUCTION TO RELOCATE TEMPORARY OFFICE IN GLENNFIELD MANOR #8: The Motion was made by Myers and seconded by Gielser to approve relocation of office for 1 year. Motion Carried: All Yea: ITEM #7: GEORGE WAGNER, JUB ENGINEERS: UPDATE ON SEWER FACILITY PLAN: Not prepared will come back to this item. MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 7 ITEM #8: WAYNE FORREY: UPDATE ON DOWNTOWN LID #90-1: Kingsford: Mr. Forrey is not present tonight. ITEM #9: AMENDED RESOLUTION #141: Rtty. Crookston: Explained the Rmendment. tSee tape) The Motion was ^ade by Myers and seconded by Tolsma to approve of Rmended Resolution #141. Motion Carried: All Yea: ITEM #10: RMENDED ORDINANCE #561: Kingsford: RN ORDINANCE OF THE CITY OF MERIDIAN PROVIDING FDR AUTHORIZATION TO APPLY FOR A GRANT OF AUTHORITY TO ESTABLISH AND MRINTRIN R FOREIGN TRADE ZONE; FDR AUTHORIZATION TO ESTABLISH SUCH R ZONE UPON BEING GRANTED R FOREIGN TRRDE ZONE; FOR THE RCTIVRTION OF THE FOREIGN TRADE ZONE ONLY UPON FURTHER RESOLUTIDN DF THE CITY COUNCIL; REQUIRING THRT ANY FOREIGN TRADE ZONE ESTRBLISHED BE OPERATED RCCORDING TO RPPLICRBLE LAWS, RULES AND REGULATIONS; THRT IF A FOREIGN TRRDE ZONE IS GRANTED TO THE CITY, AUTHORIZATION TO OPERATE THE FOREIGN TRADE ZONE ITSELF OR TO RSSIGN AND DELEGRTE THE DUTIES RND RESPONSIBILITIES TO AN OPERATOR OF THE ZONE; THRT IF R FOREIGN TRADE ZONE IS GRANTED TO THE CITY, THRT THE CITY AND RNY OPERATOR OF THE ZONE MRINTRIN SAID FOREIGN TRADE ZONE AS REQUIRED BY LAWS, RULES RND REGULATIONS APPLICABLE THERETO; REQUIRING THAT THE CITY, IF IT IS GRANTED A GENERAL PURPOSE TRRDE ZONE, WILL EXERCISE ITS RESPONSIBILITIES RS GRRNTEE AS REQUIRED HY LAWS, RULES, REGULATIONS PERTRINING THERETO; RND PROVIDING RN EFFECTIVE DATE. Is there anyone who wishes Amended Ordinance #561 read in its entirety? No Response. The Motion was made by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Amended Ordinance #561 be passed and approved. Roll Call Vote: Yerrington - Tolsma - Yea: Motion Carried: R11 Yea: Yea; Giesler - Yea; Myers - Yea; ITEM #ilA: FOREIGN TRRDE ZONE AGREEMENT: Rtty. Crookston: Explained agreement. tSee tape) NOTICE OF HERRING 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 December 17, 1991 for the purpose of reviewing and considering the Replication of PATRICK and VALERIE DAVIDSON, for a variance from Meridian Ordinance, Section 5-144, which requires every residentially zoned lot, parcel or piece of land upon which a residential unit is, or will be, constructed, to install or connect to a pressurized irrigation system, Rpplicant requests to be allowed to have a gravity flow system, instead of a pressurized irrigation system. The requested variance is to allow the gravity flow system as water is available in the present system and there will only be four t4) lots in the subdivision, on the property described as Parcel #6680 of SE 1/4 of the SW 1/4 of Section 1, Township 3 N., Range 1 West, of Field of Dreams Subdivision, Meridian, Ada County, Idaho, which is known by the address 1928 Leisure Lane, Meridian, Idaho and generally located 1000' North of Cherry Lane and the West side of 11th Street, Meridian, Idaho. Further, Applicants request a Preliminary Plat and Final Plat of the SE 1/4 of the SW i/4 of Section 1, Township 3 N., Range 1 West, B.M., Ada County, Idaho, for a four residential building lot subdivision. A more particular legal description of the above property is on file in the City C1erN's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. R copy of the Application is available upon request. Public Comment will be tak n and is welcome. DATED thi~~ day of d ! <</~ , 1991. JACK IEMANN CITY CLERK MERIDIAN PLANNING & ZONING NOV. 12, 1991 PAGE 5 Denise Hibbard, 1232 Darrah Drive, was sworn by the attorney. Hibbard: We think this area should stay as a residential area and my husband and I oppose this request. Johnson: Anyone else from the public? No response. I will close the public hearing. This is an accessory use permit so it is a situation that we approve or disapprove. The Motion was made by Rountree and seconded by Alidjani to have the attorney prepare Findings of Fact and Conclusions of Law with approval of the application for accessory use. Motion Carried: All Yea: TTSM iFS: }, s ,~ ~~1i11~t7 F ~~ ~-:;L~~Di.OY t.~ r ~, ..~ze~ , Johnson: I will now open the public hearing. Is there someone representing the applicant? Pat Tealy, 479 Main Street, Boise, was sworn by the attorney. Tealy: I've read the comments and recommendations as prepared by the City Engineer. We have no questions on these. I'd be happy to answer any questions. Hepper: Does this include the variance for the pressurized irrigation? Johnson: That's correct. Cierk Niemann: The variance is really only heard by the Council. Hepper: These lots will be ready to be built on for residential houses? Tealy: Yes. Hepper: If there was FHA financing, FHA does not allow flood irrigation. it looks to me like flood irrigation around a house could be a real problem. Tealy: it could be and I really don't have an answer for that. They do have access to the ditch and they can put a pump in to pump out of the ditch. Hepper: If they did receive the variance would they be willing to contribute to a water resource fund for a new well? MERIDIAN PLANNING & ZONING NOV. 12, 1991 PAGE 6 Tealy: We will preserve the existing system and supply water to each lot as it is irrigated now. Hepper: What square footage? City ordinance is either mixed footage basis or else 1300 sq. ft.. Tealy: That's pretty hard for us to say right now. We really can't dictate as a developer what our exact square footage would be. If there is a minimum square footage of 1300 sq. ft. then I'm sure that condition will be met. Rountree: Have you seen the comments from ACHD? Tealy: Yes. Rountree: I assume that the Davidson's are adjacent to this on Leisure Lane with some consideration given to a utility easement across this subdivision to provide for future sewer and water into that area. clerk Niemann: There is already one coming in from Dunten Place. ~~ ~ ~F Johnson: Anyone ease tq testify? No recp+~.'~ ~~'close the public hearing. The Hot1~ MESA ~-atie by 8ot~71t~ile attd: j ~ -ter t meetrng the ,;. -~,~~ ,~ r ~' At` ~t'di~' ..: Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: ANNEXATION & ZONING REQUEST W/PRELIMINARY PLAT ON KEARNEY PLACE SUBDIVISION BY GORDON & PEGGY WOODS: Johnson: I will now open the public hearing. Is there someone representing the applicant? Gary Lee, JUB Engineers, 250 So. Beechwood, Boise, was sworn by the attorney. Lee: Handed out to Commission a revised preliminary plat for review. The major change on that drawing there is the extension of a stub street northerly off of Devlin Drive. It is now tied to the north boundary. This request is for annexation and zoning to R-8 and a preliminary plat for 79 lots. The property is bordered to the west by Chateau Meadows East Subdivision and also Mirage Meadows lays south and westerly of our southwest corner. This i PATRICK & VALERIE DAVIDISON PRELIMINARY & FINAL PLAT FIELD OF DREAMS SUBDIVISION C O M M E N T S 1: ADA COUNTY HIGHWAY DIST: N~IVED: ~ '~ t4a V~.` 2: CENTRAL DISTRICT HEALTH: CAN APPROVE W/CENTRAL WATER & SEWER: 3: NAMPA MERIDIAN IRRIGATION: SEE ATTACHED: 4: MERIDIAN SCHOOL DISTRICT: SEE LETTER ATTACHED: 5: U.S. WEST: NEED NECESSARY EASEMIIVTS: 6: IDAHO POWER C~ANY: NEED NECESSARY EASII~NTS: 7: CITY ENGINEER: SEE ATTACH® COPM'fENTS: 8: POLICE DEPT: NO PROBLEMS: 9: FIRE DEPT: NO PROBLEMS WITH THIS SUBDIVISION: 10: SEWER DEPT: SEWER SERVICE AVAILABLE FROM DEERFIELD SUB: 11: PUBLIC HEARING HELD NOVEMBER 12, 1991 BEE'ORE THE P & Z CODM4ISSION, THAT THIS REQUEST BE APPROVID UPON MEETING THE CONDITIONS OF THE ACHD & CITY ENGINEERR: ADA COMITY HIGHW~ DISTRICT 318 EAST 37TH STREET BOISE, IDAHO 65774 Inter-Department Correspondence TO' Ada County Highway District Commission Date: November 1, 1991 From: Development Services /t.~ e ¢ ~a : a .J Subject: pRELIMINAR`Y PLAT -FIELD OF DREAMS SUBDIVISION (Patrick & Valerie Davidson, 1928 Leisure Lane, Meridian ID 83642) FACTS & FINDINGS: 1. Field of Dreams is a 4-lot single family residential subdivision located on the west side of NW 11th Street. No new public street is planned. 2. NW 11th is currently under construction as part of Deerfield Manor Subdivision. Arrangements are being made to install utilities to Field of Dreams Subdivision lots to avoid street cuts in new pavement later. SITE SPECIFIC REQUIREMENTS: 1. Construct curb, gutter, 4-foot sidewalk and match paving on NW 11th abutting parcel. .Improvements shall be constructed to a 36-foot back- to-back street section. :.~ , STANDARD REQUIREMENTS: 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. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Obstructions (utility facilities, irrigation and drainage appurtenances, etc.) shall be relocated outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. DFtEAM3/D9TECH 13-07-91 PRELIMINARY PLATiFIELD OF DREAMS • November 1, 1991 Page 2 5. Existing irrigation and drainage systems shall be continued across par- cel. 6. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 7. Site drainage plans and calculations shall be submitted for review and appropriate action by ACRD. The proposed drainage system shall re- tain all storm water on-site. 8. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 9. 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. 10. 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 within 15 calendar days of the original Commission action. The request shall include a statement explaining why such 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-?662. STAFF SUBMITTING: Dobie. P.E. DATE OF COMMISSION APPROVAL: NOY 71991 R'4~H.D. • ENG. DR EAM9/DSTECH 11-07-91 m a z C~^. z C v N N O H C h C~+7 H z E r r m H v K m I I H I I I ~ O ~ ry ~ ~ z yJ (( J ~ a1 [iJ M ',LJ YH CrT] .'i1 C1 z r ~ r O O H ~ H ~ ;~n ~ O 3 r -~ d 3 U. ~ ~- ti O ~ ,~ m z ~ z ~ 3 a r b m ro r r H y ~ v Z q Z H b ~' z •v K K t-i y 3 ~-3 ~- z o Y Z K K v a, H H a C O d H Y3 H 2 a r m Z n K ~ ~ a ~b r ~ ~ H ~ B ~ a ~ m :._.: r o [y ++~ Z ZZ yy yy Z Z ~ H C7 d r•{^,• ., ~+ N y L7 ti O K z , ; y O H ,-. ~ T r: m Z a ti H •U~7 ~ H y y Z 3 P ~ i tr z a C E a O ~ O z m, n '- m z m w r•~ r. w ~ R+ fD 'a !Il N O n O Y~ r a ~n~ w o 7 m °~r H ~ n w ry '.~ ~~ w rt F'~ O d Y~ Vi n ~~ rt 7 ~t d m N w m Y~ C G N b V~ •S 'S ~ rt 'T M o w n w w rdo n m aH' n• m rno ~ C, fD n i-' ~ ~ x a ~ a a o m m m C w w w (D CY fD rt 7 p N ~' m o o n owo awc w B b Y. b N fD fD I--' m w rao n r• ~, '~ y rt () p. N fD G w n a O• N£ C n a b o~ n m y~ w r+ (D R w 7 y n N m fD rt N V~ rt w n o xY_m w E 0 o m o Y• Y• w ri .• i-n w rt ^ K p. Q $ 00 fD (D w w o w m- a 0 °a n m ro z o c m o n~ w^ m rt O YS N G 7 b~ a 9 n~ m w Y• ~ o ivn mm W C W N b ._ m ~ •s W a ~ H H ~ ~ .,, .o w Y- rn m on ion a ~ v+O - Y~w n ~ rt w '~ fD ~ a ~ a rt w N a. G K H B ~ R £ n ~ `.S m O r• F'• G r• C G On n 7 n O r w Y r• fD X w. rt 'b l) ,.. w Y• o r- ~o ^ w i "+7 H 0 H d H v ro i i i i ~ i i i ~ i 3 m py c, H y ~ ~ `~ 3 ' r N •~ ~ ro ~ ~ ~i ~ ~ ~ ~ v m ~ a 00r+ '_ .w ~ - ~m LV _ O r H~ T D _ O ~r N ~ m D _ _, a . W ;i CAD = A c is -' m a~ H ~ ° vn ~ y~Zaz H ~ T ~ y ~'~ Kd wb C TI ~ z~ ~ LT.M bmo y ~ ~ ~ ~ O pdH p( A ~rh K ~[ '7 ~y~ z a[Ca'ZC~D ~ r y H ~O i K'~7 Cj /, ¢ rt f C n~o ~' Ho ~ ~ r ~ ~ tr' rt r, CTJ p~ ~ ~ ~¢. q _ °7d [*~ O ~' '~~~~~ ~ ~c . H ~ ry~yu, h l l O ~ • .. czi, y H ~ C •• ~ ~ M H ~ H ° ~ z H ~ ~ '~ ~ d H H z a G7 z ro ~ ~ ~ z •• H z z o c~ ~ R+ ~ N L=J °z ~' H r z N ~, (] F-' O ~ r 3 ~ H H O z 4 H 3 Z Y~ 3 N a r b m y Q t+i F-' rn N 'r ° b z 2 Z ~ H ~ $ b C a ~ a~ O G ~Tl N [ a' ~ ° O z C+7 H p C ~ O r W W t+J H u~c O • • SUPERINTEN DENT OF SCHOOLS Dr. Nick Hallett DEPUTY SUPE RINTEN DENT Dan Mabe, Finance 8 Administration ASSISTANT SUPERINTENDENT Bob Haley, Instruction & Personnel DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERI DIA N,IDAH083642 PHONE(208)888-6701 October 24, 1991 City of Meridian Planning & Zoning Commission 33 E. Idaho Meridian, Idaho 83642 RE: Field of Dreams Subdivision Dear Members: The Meridian School District supports economic growth for Idaho and specifically for the district's area, but such growth produces a need for additional school construction. We ask that planning and zoning officials assist the district in obtaining support for a development fee statute on new home construction to help offset the costs of building additional school facilities. We also ask that the same support for school bond issues be requested from developers and other interests seeking planning and zoning approval for residential projects. The School District has grave concerns toward further residential development because student enrollment now exceeds building capacity. The Meridian School District patrons should not bear the full cost of building new school facilities which are required by growth. Until some dependable means of funding additional facilities and acquiring sites becomes available, the district cannot support residential development unless $500 per lot is paid to the district to minimize bond tax rates. $500 per lot would provide about one acre per additional forty-five students; or a relocatable for every additional 100 students, based on one and a half students per home. The district respectfully requests that no further residential development be authorized unless the above conditions are satisfied. If residential development occurs without regard for acquiring sites and constructing facilities, then our schools will become very overcrowded or our property owners will have to pay increased school bond tax rates. Meridian School D~rict - October 23, 1991 age 2 Adequate bus turnarounds and loading areas need to be provided to assure bus service in the event that such service becomes necessary. Residents cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. Developers are strongly encouraged to provide walkways, bike paths and safe pedestrian access to schools. Sincerely, j~C~src Ar .~ Dan Mabe Deputy Superintendent DM:gr (h ~ I I I I I I I H H m n ~~~o~~ H ~ ~ ~ c H H H ~ ~ a ~' ~ o p ~ Y ro H ~-+ H H Z O ~ ~ o N ` 'V P' 3 ;~ Z G b ,y Z r H ~ G 'U K m H 2 "7 H ~3 (7 3 [~~ Z H m a+ ~ ~ ~ O p H H c%' Kp H ~o ro° z a H q F ~ y K~ ~' A f ~ a ~ R t~ y m K K ~ „ n ~ ~ S, Z to z $a S1 ~ T C. O v r ~ C ~ A~ ~ ~ S T` ~ C' (~`~~~6 o ~ v' ~ ~ t'a S ~~~ c~~ A cz N ~ ~ ` ~ t..• @@ f~ A2 9 S S II ¢ ~ S ~~ ~ ~~ ~~~~ ~ .~' +^ °' W s Q s ~ ~ ~ C, i ~ iii ~ H i i i m y ~ y3, v ~ ~ ~ ~ ~ K H 8 m ~ ~ 0 O K Hz b H O C~.7 H y Z ~ m W q H Z 3 ~ A ? "' C H ~ c S m ~ t/~ ~ r ~ ~ ~ E H ~ ~, ~ O O ~ r K D ~ T ^ ~ D m ~ cn, a N ~ S S A S ~ i _ ~ ~ ~ rD S _ V~ S ~ s N ~ ~ ~ ~ P S _N ~ _ ~ ~ C N a C`. n 9 s S 4 ~ A S h o ~ ~ ST ~ _~ s G' S a . _ fi N ~ ~ to 9 fi S ~ ~ ' v1 P N ~ ~ ~ h ~ - ~ , r ~~ G S N `~ ~ IH I~ I~ I I~ I I~ I IH ~~3 ',L7 H C ~ O7 ~ ~ ~ 3 ~ 3 ~O 3 C+l o Cm~ c, y r to d M H L'J 'S 4 '" ~ Z' Y CJ m H m N cs- w -n 4 60 ~, yS ~ S N ~ ~ ~ ~s ~ U1~S -t- fl ~ ~ ~' \ . ..y_ ~ D UU _ ,~` q P ~ `rI F > ~ -}- ~ o ~ ~ G y ~C ~ -} y C+7 9 ~ S` z ~'~ sue. z o ~ ss ~ ~ C r $ ~ ~ A N ~ H a ~, °z ~ m ~ H r O -}, ~ ~ N H ~ / N ~Q O S C ~ ~ O ~o L~ 3 3 ~° ^' ~ 3 r ~ nC ~ ~ ~ rn ~ G 6 6 ~ ~ ~ H ¢ ¢- Z l0 r Gf~ H~?9 .~ K M z ~ ~ r- yz m 2 (p Hfyl, H O a rt Z OD U, H H ' i r r c cn r ~tY rt r~ ¢, C ro r• N H ~ ~ ~. 0 H H ~ Z ( A .. oo r„ ~ O 9' H ~ ~ m H r O r' H roG ~O ~ K~ ~ 7y r~ ~~ m C .~ 0 H c H H O z i H O S H ro ro 0 v b r O z x E H C H z n m ADA CO ~NTY HIGHW~Y DISTRICT 318 EAST 37TH STREET • BOISE, IDAHO 83714 Inter-Department Correspondence To: Ada County Highway District Commission Date: November 1, 1991 From: Development Services /..t eQ~a:Aa Subject: PRELIMINARY PLAT -FIELD OF DREAMS SUBDIVISION (Patrick & Valerie Davidson, 1928 Leisure Lane, Meridian ID 83642) FACTS & FINDINGS: 1. Field of Dreams is a 4-lot single family residential subdivision located on the west side of NW 11th Street. No new public street is planned. 2. NW 11th is currently under construction as part of Deerfield Manor Subdivision. Arrangements are being made to install utilities to Field • of Dreams Subdivision lots to avoid street cuts in new pavement later. SITE SPECIFIC REQUIREMENTS: 1. Construct curb, gutter, 4-foot sidewalk and match paving on NW 11th abutting parcel. .Improvements shall be constructed to a 36-foot back- to-back street section. STANDARD REQUIREMENTS: 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. 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. 3. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Obstructions (utility facilities, irrigation and drainage appurtenances, etc.) shall be relocated outside of the proposed street improvements. • Authorization for relocations shall be obtained from the appropriate entity . DREAMS/DST ECH 11-07-B1 PRELIMINARY PLAT - ~D OF DREAMS • November 1, 1991 Page 2 5. Existing irrigation and drainage systems shall be continued across par- cel . 6. Three sets of street construction .plans shall be submitted to the Dis- trict for review and appropriate action. 7. Site drainage plans and calculations shall be submitted for review and appropriate action by ACRD. The proposed drainage system shall re- tain all storm water on-site. 8. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 9. 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. 10. 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 within 15 calendar days of the original Commission action. The request shall include a statement explaining why such 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. STAFF SUBMITTING: Pat Dobie, P.E. DATE OF COMMISSION APPROVAL: NOY 7 1991 R!49M.D. - EIVG. • • DREAMS/D9T ECH 11-07-H1 ~. CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Rezone # 1 Return to: Boise Fag] e Git1eridian Kwa ACL 2. We recartnend denial of this proposal. 3. _ Specific knowledge as to the exact type of use must be provided before we_can cgmient on__ __ _ _ this proposal. 4. We will require more data concerning soil conditions on this proposal before we can camient. 5. _ We will require more data concerning the depth of (high s~sonal growd water)(solid lava) from original grade before wQ can crnnent 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: ~Centr sewage _Interim sewage _Individual sewge _ Camnmity sewage system and _Central water Individual water _ Ccmmmity aster well. g, _~ Plans forCentral sewage _Camunity sewage system Sewage dry lines, and ~.entral water _Camamity water must be submitted to and approved by the Regional Health and Welfare Fnvirormental Services Field Office. q, G~Street rwoff is not to create a mosquito breeding problan. 10. _ This department would recomrend deferral wtil high seasonal growd water can be determined if other considerations indicate approval. 11. _ If restroan facilities are to be installed then a se,~age systanl~JSi' be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted fora plan revie.~ for any (food establistanent)(beverage establistment)(swimning pools or spas)(grocery store). 13. _ We have no objections to this proposal. ~~iiiiiii~yiiiiiiiii[p~3.iiiiii~ii • ~ Cpl ~ y ~ H ~j ~ v C7 ~ ~ ~ ~ ~ ~_. 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O Z ~ z r H m o m v H K LpppT, (] 3 b H U7 :Q Z 3 ~ 7 r z H ~S' ZZ ~ a~ ro r ~' < C7 O H H r ~ Z [n H ~ O y ~ r' O ~ r r O C •0 3 x ~ ~ rri q K K £ ~~-7 iZ7i '~ yy r H y O O C7 H H K ~T.~i ~ K K ~ -' Z FJ ~/ y lT, p ("1 m, ~ L~J Z O HH 'G • • y3 ~ t7 r m z O H ~+7 ~ Gl C r, ~ ~ H y m ~ ~ W y r ~ ° N b7 ~ K (p a ~ m ~ H H z 1,) ~ a c 0 0 H H 2 r .~ r~ Hm] n m a H n m 1-' N H m o ~ a a ~ tr z ~ o ~ H a~ 3H z r p[n K ~ (D ~ N~ C ET7 h [i72~ H o H H H `C7 Z ! /l LL t'~' ~ O ~ ~Ci7 ~ H H,T J UI m o r r ~tr ~ r n ~ r + m n¢' b ~ H ~ ~ N c Q H 'ti ~j z N hi "Z H Z U1 F''. O H H~ .. ~ ~ rn ~ g H r Gl ~ ~-3 O n r to o ~ r~ ~ ~ ~ H r cn m H O r z .n m, O ~ ? ip H ro ti x z r~ ".~ ~ O v ~, O y 3 y ro ~ m ~ H K~ 1 ~ ~ ro ~ Hd p H C `~ z z ~ ~ o n zz tiJ H H ~w z ~ ~ °1 C r • ~ b b H C W C H ~ H z ( ~ O 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 November 12, 1991, for the purpose of reviewing and considering the Application of PATRICK and VALERIE DAVIDSON, for a variance from Meridian Ordinance, Section 5-144, which requires every residentially zoned lot, parcel or piece of land upon which a residential unit is, or will be, constructed, to install or connect to a pressurized irrigation system; Applicant requests to be allowed to have a gravity flow system, instead of a pressurized irrigation system. The requested variance is to allow the gravity flow system as water is available in the present system and there will only be four (4) lots in the subdivision, on the property described as Parcel #6680 of SE 1/4 of the SW 1/4 of Section 1, Township 3 N., Range 1 West, of Field of Dreams Subdivision, Meridian, Ada County, Idaho, which is known by the address 1928 Leisure Lane, Meridian, Idaho, and generally located 1000' North of Cherry Lane and the West side of 11th Street, Meridian, Idaho. Further, Applicants request a Preliminary Plat and Final Plat of the SE 1/4 of the SW i/4 of Section 1, Township 3 N., Range 1 West, B.M., Ada County, Idaho; for a four residential building lot subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Public comment will be taken and is welcome. DATED thi s day of October, 1991. A K, NIEMANN; CITY` LERK i _i~ AM BROSE. EITZGERALD d CROOKSTON Allorneya eno Co~naelon P.O. Bo. t2] Merl0len, loa~o 8982 TelePOOna BS}pE1 ~ f ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~M ~ ~H ~ ~4 .~ y y ~ o ~ ~ ~ ~ ~ ~ ~ 3 3 ~ H ~ ![r~my~~3 O Oy Oy ~1 " ~ ~ ~ n ~ [~ [G~i y ~ ~ r' y q c+ ~ ~ o ~ z ~ ~ o ~ ~ Z ~ ~ ~ ~ ~ m ~ ~~+ ~ O~ ~ ~ ~ ~ ro N ~ ~ ~ y m K ~ r m ~° ~' n H y ro K ~" ~ z ~ ~ z~ r Z r~~~ n~nG ~ O 8 H z ~a ~ M K m y Z CST. S' r' ~, o z •p yy z H Z ~] ~ H H 3 Z K D 3 [Y"' Z '""~ £ ~ R~ My R, ~ C" C Zb p H y ~ trJ m y ~ b O y r ro ~ to ro K z z ~ 9 K ~ y o~ ~ H z H r3+ y ., O OZ ~ ,~ cn r z OZ H v z U 7J ~ K K CTl O a' Z tr7 K O ~ Z z ~ H H z ~ H ~ z o v r ~ ~ ro m 3 J ~' W y N to o z ~ K Z ~o H r ~ y z N ~ ~ G7 n ~ C ~ 3 ~ H H z H 3 H r b P7 O ~3 O b7 ttl N F-' °v o ~ y ZD ~ K ~ H T O z ~ O o 3g C7 D Z ~ j ( t~ ~ ( i T x Z ~ m t+7 ~ (7 ~~ 77 ~ E£ ~ ] L rod O F3 ~ Y ~ ~ H O ~ L~] n K~3r H ~ ~mz~~ t' y ~y ~~ K ~ ro ~ O ~ ~ c n p,rt `~ z ` 71 m r n' ~~zcm ~ r b ~ z (~ o Z O ~~rt '3 ~ z m m ~ ~, c~ ~ v ~ N• ~ ~ r, Z ~ ~ C ~7 n M ~ ~ H ~ ~ .. ~ ~ z ~ I FC H ~.. W W m H ~ i October 16, 1991 City of Meridian Commission Planning & Zoning RE: Proposed Field of Dreams Subdivision uest approval of the final plat of Field of Dreams I hereby reg and Final Plat. Subdivision as submitted herein as a Preliminary ro osed N.W• 11th The subdivision The subdivision fronts on p Psed for sing e family residences. roved under Deerfield Manor Subdivision Avenue as submitted and aPP on the Eas under const uctionAfor Deerfieldr Manor dandl have sheen currently ro er configuration for Field of Dreams stubbed out in the p P Subdivision. Attached is a copy of the deed showing proof of ownership of Patrick R. and Valerie J. Davidson, husband and wife, for the Subdivision. We hereby consent to the proposed Field of Dreams Subdivision. pp~,,~ ~ Date Valerie Davidson _ ., /~ ALL-INCLUSIVE DEED OF TRU~D ASSIGNMENT OF RENTS (LONG RM) lms ALL~NCLU8VE DEED OF TRUST, mane lms 23rd mvL' October t5 89 .ceIwPP- Patrick R. Davidson and Valerie J. Davidson, husband and wife nerern canee GRANTOR w~o$P atlvpu. !-~ i;2R Leisure Lane, titer idiav, Idaho 83642 Ir.J-me~aro 9.'Pr,:l .~ S:a:ei BTEWARi TITLE OF IDAHO, Inc., an Idaho corDDlalro^,. he'en calietl TRUSTEE. and Dexter G. zing and R. Celia M. zing, husband and wife . nere~-~ canes GENE F ICIARY. G.2 Po'TY o c s. w.-P. p'Sx• p p y'.. Re Ca >' Ada Yen I _ -- • e.,,.e to a P. rn - 3 . ate. e'^_ _- ~ v+aye a.I^.e L e -., 'coo _ - a e',na^ Iwe-'. ,_ cer '~`:Y IFIT A" attached he-eto and made a part heree_' n:' reference. bce -: ss p. -' :.e a a.,. _ _ _ -_ P. anL a: _'e!+aCp~ q aP _ e _ -- _~ m. Burt I .'PL'a DDr sucP rec. 5_ rpl me?Jppse Dl Secuunq fl)payme^: o: me svm 0'E 70,887.27 wl:L mle~esene'eDn accplmnp'= Ins le-ms 01 en AP-mc'msrve PrDm!asDry Nple DI ¢ve~ Dale nP'PwIN InPp'alle~ ":ne Secure0 Nole"7 ma0e Dy Grarlc' Deyaole ID D•ae- c' Benel,usy. aro e•leos~Dns D~ renewa's merep'. aDD (21 Ine perlmmance c' eacn agreement o! Granmr incorporale^_ Dy re'ererce Dr conlai~ec nerem. mm final Davment Due M ~ 1 Jn l 6 A. Benior DP<IX51 of Tru51. Tn5 Is an A!I"Inclusive DeeL o! ttusl. securing the B<CUreD Note arD a su0jecl entl suDOr0inale m Ine IOllpwmq insvumenl5. ('; ADee. o^:'usr. recortleD A ~~ 25 1gR6 ,as lnsvume^.t Fc 8621461 ,in BOOk .Page .010111cialRroorOs of AAa Gamry.MlM, nine orlpawl principal sum of ,. t *-_ .~_.___~ _~ h A A +~r A n/7 nO+ha_______________-0onars IE 72 661] f10 )in laver of F' + C '+}r A k f TA h a5 Payee. securing a note in Ine ongmal anwum olE 72.r66n 00 (2! ADeeDO!1: us; repo~I]e0 es Instrument NO in BOOk . Paq< . D: O'llnal Recor0501 Oppnry, IDanp, ir•.Ine o~glna! princlDa: svm D' Ddlar. lE ) in lasD• of aS Payee secv'i0.~anDle'. r. IPe Dngr.ral am<w: p~ E Tne Promss0•y Note(s) secured Oy sar0 Deed(s) DI buss is fare) nee Daher relerrep ID as Ine "Senio' NDINs) " B TD pmtee•. me Secv'lly of Ine A:hmclvslve Deep o' Trur, Gramol a;'ees. Il) Tp kccp SdDD0pPJ In gopC CD tlLDn anL'epa'. nDl lO Rm_re Or OemDlmn anyD-IC ng lnarrorao com0'ele D'reslO eD'om0'. a^0 ypa a L .^'a a ,. ' ary D 15 g niL^. ma De consl!u: Y Oamage0 or r5e51.0yeD merepn antl l DaY wne^ Due al da m5 h' Ia^D p - P d ~maP d '$npi lnP P-D ID 'n0'y d. la .erg SalDprODP!ly ep' ~ "Yalpd DSO r"'p'D< P•II IC CP mdpe ~P E.. 'l CC'n O'pP~•^t was Pln<r<Jr,n01'G.O.'rI, SUIrP'a'pem!I dny aCl app^saA prOpP,Iy'n x 10 I.!v2te ' r gale 'e p..ie ': P p'uae anD DO all0ln<r eclS wn c', ir0^ In8 C11Il'2~ ¢" D' use p! SdiD prppply may D¢ reasoneyy n<cessary.lne spec' c P^u p ' D q Ine Sere a. s. Tc c o. D= m ^ aoo tle vex Ic Bene. c a'y Lre, varLp z- antl maeaops n) cniel Insurance sa• sla^Dy to ano wnn Ips". pa; B.. e . Tea >.: IlecleL antler err I o Dtn ^s.'a -e pony may ce appl etl oy Benel a) ~ ^~ ary D e. a _- c. e e epr a - s n e DPr asr9eoel c ary may Dele e. D a'. a'>' OI Beeel dary Ine em re amours: s cDl ecle.. ~ am pa In e- e •e'Paz=D :a Ci arrp' Sv:P appCdlrOn O~ •e'ease Snd'. nD: cwe O' n ve any Delauu pr npuce DI 0¢laue ne•eunae' D' Invabaale acy ac'. OOP DunJa^: :c sdc^ n01¢e Tne prov!s'Dns ne•eDl a•e suJ;e:: ID Ne c._',a~a: dq~aPm8n15 Ol Ine padres as celOw se' b9n 131 TD apoear In avD Delen0 any acllon or pr«¢eEmq pyrpprlinCp altecl Ine SeCU0ry nereol Dr Ine ngMS or powers DI Benelrciary D• TIJSIpP a^^_ ID 03) 2' CL515 dnD PiUPnSf S. In[IJtl!nq CD51 CI evrrJP«P OI I' P anD a1101ney5 1982'Ina r<a 50na01p $IIT.In dny SllCn acllon Or prp" cee0~nE n w]¢n aenefrrary or Trustee may appear. anO In any wV orD.q°, Oy Benelclary ID IOredpS¢ Ines All"InclvS've Deetl of Trvsl. (.I TD Ddy Id; d SI IP:r 02ya DPIOrP Dpl!nDJPn:y all laiPS B'v~ 352p55n1¢nIS BII<Ct!nq $dID D'cDPIIY. mclOD~nq 855PSSmpn15 O^ dG pV':erd-'.. w2'Pr 51«4, ('J) wnPn DVP. suGIP:: IO Ina mJtud a'y'pemenls :' 1^e Da'IIP$ 85 CBlgv set fora., ail encu"npran;.es cnd'ges anL IIP'.c wr:P rmpes: p^. saq prDJe'IY or any pa'I (n¢rpp!. wM'.n apDea' ID D¢ D''=' O:' sucerror n<•<I0. (C) all ellOwable eap<nses O' 1^6 TWSI. This form IurnisneD courtesy of STEWART TITLE OF IDAHO, Inc. bnr o'(...rnr~ I % • • Commitment Schedule A ccntinued Order Number: ST-89020854 WN Effective Date: AUGUST 22, 1989 at 7:30 a.m. Commencing at the Southwest corner of the Southeast quarter of -/ the Southwest quarter of said Section 1; thence Norih 20 degrees 43'45" East 1,050.48 feet, to THE POINT OF TRUE BEGINNING; thence - West 124.59 feet, to a point; thence North 00 degrees 00'42" East 343.08 feet, to a point; thence North 88 degrees 34'57" East 251.88 feet, to a point; thence South 00 degrees 14'21" West 349.31 feet, to a point; thence West 125.83 feet, to THE POINT OF TRUE BEGINNING. Said parcel being formerly described as follows: A parcel of land in the southeast 1;4 of the southwest 1/4 of Section 1, Township 3 North, Ra noe 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: The North 340.11 feet of the following described property. Commencing at the southwest corner of the southeast 1/4 of the southwest 1/d of Section 1, Township 3 North, Range 1 West, Boise Meridian; thence North 00 degrees 24'30" West 985.21 feet [o a point; thence East 253.25 feet to THE REAL POINT OF BEGINNING; thence North 00 degrees 07' West 340.11 feet to a point; thence South 89 degrees 58'30" East 248.80 Eeet to a point; thence South 00 degrees 07' East 615.00 Eeet to a point; thence South 89 degrees 63' West 122.09 feet to a point; thence North 19 degrees 23' East 142.63 feet to a point; thence North 00 degrees 07' West 140.46 feet to a point; thence West 124.40 feet to THE AEAL POINT OF BEGINNING. EXCEPT ditch and road right-of-ways. Purported Address: 1928 LEISURE LANE MERIDIAN, IDAHO STEWART TITLE OF IDAHO, INC. ~ ., tom mnme~i Sc~ee~!e n-1 I~~~e~a~ ~~.s uJ ~ ~ a 3da i~.a G~ / / ~. ~ ,(of ~ 9 ~j /IBS /~ (,f'~du~s `y~:~~1.~2'C~ic~ ,.L`7~ ~~G 5~v2 a . av ~'y~a~~s (.t/~~- ~ /9~ ~~P /93 ~.~ ~ ~~~~~ _ REQUEST FOR SUBDIVISIOtI APPRWAL • • PRELIMINARY PLAT ANDJOR FII~PLAT • ~ PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: '. A request for preliminary plat approval must be in the City Clerks possession no later than three days-following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.H., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision, 'r~C(.q ~/F'~kAAwS ~.lr3a1/~S ~o .+ 2. General location, Iboo' ao~.r»OrC:~1s.n.p-y I.ntic /~-ho~il~clu~-s~S~oR Ur- ~lu`Stfi[6.j 3. Owners of record, r~A'~~c.K. R -OwwttAi)IDSOM ~Ha J0.t-r+-1UG. ~ a0.J~o5oti Address Iq2~ LfiISNnF- Ln.~t I~IERiu~a~ ~oq~, Zip ~8L4Z Telephone SP,`I-OqB~ 4. Applicant, °~A»,c Address, /I~ 44~~ 5. Engineer, Pa.~'rcn~a,y Firm iEI~F-751FWD5kA,{'fgyT~dress y1q I~v+~hs'~, _ Q>v15~~ ~bi1iW , Zip Pi-'i102 Telephone 3¢s5-bv3i. 6. Name and address to receive City billings: Name YR Ti2a cjc ~. DQVtOSON Address igZS l.E~sunF l,l~Mf. ~'~f~iDiaw ~oaNo Zip f?3C,-•IZ -}T-elephone a8~1-Oq,$L PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres D,~3 2. Number of lots ~ 3. Lots per acre ~.3 4. Density per acre ~{.'~ 5. Zoning classification(s) ~-g 6. If the proposed subdivision is outside the Heridian City limits but within the jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt ~~ 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City ~v Explain 10. Are there proposed dedications of common areas? ~o Explain For future parks? I~o Explain (1) k1(VLJL Cvn ~.J1FUaruwnni rani: ran.wa..y ouu awuauy ..u.....~oo Fage •2 ~.......... . • • PRELIMINARY PLAT CI~CKLIST: Subdivision features continued 11. What school (s) service the area ~ io~a~~Nw~ ~~ do you propose any agreements for future school sites .~ Explain 12. Other proposed amenities to the City [~//~ Water Supply Fire Department , Other , Explain 13. Type of Building (Residential, Commercial, Industrial or combination), ~SiDK.N~ qt, 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other SIH 4l,ic. ~a~n ~l.-/ 15. Proposed development features: a. Minimum square footage of lot(s), iD~ao S Q.F7, b. t7inimum square footage of structure(s), 3' Iz~ S.F c. Are garages provided for, Z Gals square footage ± yva S,F. d. Are other coverings provided for ~~ e. Landscaping has been provided for ~L~ . Describe ~NO~~io~a~ ~.o~ ~{sN~~ b.:.4?i N u f. Trees will be provided for ~o T,,ryees/ will be maintained ~NOi'oirnaa.~~ g. Sprinkler systems are provided for wq YES rkRksti~cru ~~ZalaajlGN Fcww~-oj h. Are there multiple units ~~o Type , remarks i. Are there special set back requirements Ns Explain j. Has off street parking been provided for yF.s Explain Q IVf,u~.475 ~N '-M1c r.-~ (/ F I.~-vac n.S k. Value range of property 1. Type of financing for development ~ N Q;~~A } QND [_ouv~ N ~ ~a;+tiL m. Protective covenants were submitted , Date 16. Does the proposal land lock othfher property ~6 , Does it create Enclaves He STATEl~NTS 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) T~EY'S LAND SURVEYING Project No. 914 October 15, 1991 479 Main St.~se, Idaho 83702 (208 5-0636 DESCRIPTION OF PROPOSED FIELD OF DREANS SUBDIVISION A parcel of land situated in the W 1/2 of the E 1/2 of the W 1/2 of the SE 1/4 of the SW 1/4 of Section 1, T.3N. R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the South 1/4 corner of said Section 1; thence along the South boundary of said Section 1 North 89°42'08" West 829.04 feet to a point marking the Southeast corner of the said W 1/2 of the E 1/2 of the W 1/2 of the SE 1/4 of the SW 1/4; thence along the East boundary of the said W 1/2 of the E 1/2 of the W 1/2 of the SE 1/4 of the SW 1/4 the iro North 00°35'00" West 970.25 feet to an aluminum cap marking n pin; thence along a line parallel with INrmrAL pOI~'; thence South 89°43'03" West (formerly West) North 00°35'00" West 343.50 feet to North boundary of said W 1/2 of the E 1/2 i/4 of the SW 1/4 which point is also on Misty Meadows No. 1 Subdivision as on file Recorder for Ada County, Idaho; thence boundary 118.00 feet to a 5/8" the said East boundary i 5/8" iron pin on the of the W 1/2 of the SE the South boundary of in the Office of the along the said North South 89 59'54" East (formerly North 88°34'57" East) 118.00 feet to a 5/8" iron pin marking the Northeast corner of the said W 1/2 of the E 1/2 of the W 1/2 of the SE 1/4 of the SW 1/4; thence along the said East boundary of the said W 1/2 of the E 1/2 of the W 1/2 of the SE 1/4 of the SW 1/4 South 00°35'00" East 342.92 feet (formerly South 00°14'21" West 349.31 feet) to the INITIAL POINT. Said Parcel of Land Contains 0.93 Acres. N O ^ 0 !~ ?!' m m VI N _ In ® a N _ N II 10 ~ ~ - O N rv Q N ~ • • ~ N \ m Q -^ OL _ ~ n • N r n) Q O O m O N O N N G U _ ~ -m 1. 'le A3Y1311 'M ~ M yf = Z m a Q rv ~ ~ ~ N 3 N 10 Z N J ~ ~ J~ s ~ m N J n ~ II _ N N _ _ Q , a ° 3i 10 F. Nl~ t0 - n ~6 ~ N e m Q ~ ~ . '{THN3N(~ dCl sd3(yWN3N ~ N "' , • '~ ~ ~ ~ aN ~N N N N O 'r °-' `~ ni • Y ~ 4 3lVdNMtl1 - , Q O n ~ = m m V N ~ O' m m ~ N N n a w ~ vial 3w m N ____ __ 1- m O N n N N r.'1 '•1 Ml O (n m J 4 • m O• M P ~1 r. '3Atl Hl 8 MH '1S 4tQ MN ~ - ~ -~ 1 I u ~ P 'F _ • Ml N ~ P. O 1. N m m e n N N - ~ m W - $ o ` m '~ N N 1 P ^ h N N Q m N N I~ W N ~ P n P "' V16 MN n '" m r ld WOSSO ~~ rv a < m ' ~ N - - NI } ~ } N P N N N ~• •n ~ Q' N m N H /~ ~ f O V/~ m N W 3 O~ O P` C Lh M! Q =O ~ a» m n m m a ©_ ~ - Z m m N m t7. - } ~I. Hm Hl 0' MN - ~ ° ,a _ e vlVl ~fN „ '1S 4101 M N > Q I ~, N n m m ~. 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A ~ > ~ ~ TH ~ L7 N • > ~+ Pin ~ ~EL$E• OR Q o D "' o sT i ~ o -~ ~ti~~~'.'o ~° ' twA,/ 3 Q D E C : i n~ fa tMp~/ 2; 3 0 ' T rn.tiw,s j~ > ~ wITM "~ ~~a:~ ~ :Y Q w •ITM °3 ZSt ~ ~ ' ~e SiD v ~ ~ ~ ~ _ °s C ~ ° ttSii77 ~ « -TMOSt >~` ~ : > S 2 D SST 2~ ~ _a Q V ;• ~ ~~w ~~ST3 s w ~ ~ ; T5T ~_ », Q ~ NQ. P ' °:^ o ~ 8 _ ~ _s s1 ~ a ~ sr~$ ~ ~ b MERIDIAN ' ~ ~ fi T,: ~ •_ Z ~ ME1,nIOIAN~{ STi . ~ = 9 n ST. ~ ~ O j z ~. .~ sir ~ F--~ p y A~ ~ N ~~ s ~ Vt vw ~ ~ ^ S two:, E ::,o s_o m ~ f7 :~ .- ~ E. :, ITM $TT N•~ T}•~ 3 JAMfI O O =• A • IN i f Is w`.= i .~.f-..gyp D ~~~'°~.rn'-7D'f~l•r! '~T ~~J ~ p n~ ~ - TEARE s ~i ~ y- g° w_ '^~ ~ O 1(1.~ ~ Z fl1 ~ AvE s Y ~ ^ 3 C l1HiD f~ ~ O A ~ 9 ~ ~~y TAMMT V~lRi~a~p ,~ ? ( , ~ ? . . tl0 ~M (` C ~ + ~ D JE RICMO JERrCMO w1 ~r~ d ---1 •tn d s w C^ 9nd~an ~~ mom, - Aea i f'" m 1 ~ :" i Ri ? •DKiMS fro '~ Cn E E= D ..j' > r rl m ~• ~• v L"'J ~M~rt~f.M~~ T i • ~,,~~x~e, _ ~~,f u1i ~ ~ a _ ado fa Gt'cud~ ~ ~~~~ ~ ~~ ~~a~~ ~~ iris. `uJ. %'!P~` __ ioP3 `~ - __ _ __- a. %?~ _ «~ ~,~,~ , ~ ~~~~a_ _ _ ~ _ __ i ' ~ r ~. ~ • • CITY OF MERIDIAN 728 Meridian St. Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance NAME : ' ~+j %~' d ~ ,~~ /'>~l /~(1~c7L ,> . / /-'2 r l ';, )/~. PHONE ~C;;~- l ~'7i~C~ Owner or holder of valid option ADDRESS: /~% ~~> ~-`/~i1~'/i' / ~! 1~ GENERAL LOCATION: / %~l?,i<'1 fi~:f~(~~I ~. Of l~7/`~~f ~ ~L LC"l ~, 1_-~~~~.~ ,• LEGAL DESCRIPTION OF PROPERTY: 1 SGC ,t.'t L i~'l~ PROOF OF OWNERSHIP OR VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZOPJE CLASSIFICATIONL ~ '~ 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.~-'..d.¢-e-. .~stCeo-~-. 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:(,UQ G= ~,~ - /~Q,/ Y'~ vY'e 2~Lk-d2T1->~ ,'~~? 1YL CLrG~ G,~. '`/~ SIGNATURE : l~~D~' .~ "~jjfS ~j ti'11C62f' CITY COUNCIL RECORDS ~~r--- Date Received City Council Hearing Date Received 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 pro~er~ ~~ ~~ ~~~ pile a~tr Li~tc/1~1 ~ G~u/'e~,o_/e~`du~.' @ d qe i!A uJ/-~~~.~Oj.,u~/r~i ~ ~ ~Fc,S~~~IJ~`~l e a.O.Q Gid- 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? ~ici~ ::~2G[-~ G~i~Gc-~-r~- -~~~ ~ ~"~ y1tic0 ~ ~ y~ ~ c~G~LS~.QG~. /S oLO.uIX U J. U 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 nder ~ e~ s of Want, e?~~ ~ ~ u/N~- ac<°~av ~v i~ ~ d~-~~ d SCem ,ae, cnsf~2d u-v e~ auA. G~-a~w ~av-~ G ~~~j~"""` "` fN.e ~ y ~ ~ ~ ~ ,~0~-~ ~a~ua~ ,¢g5, ~ ~ Lvf.su/~. 7.(Le u~ CC, ~ ,~- f~a~:-cbC'v d"' ~~~4. hat special con itiotn~s o"r ci~ tam e~xist~er~ x~ /_ not a result of your actions? /n-L ~ ~"n GAF ul/('F 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? R"" ~/-Li,~o t/~n,~a~u,? cc-~ ~ ~ atc~ u~~ l~l.e~~ ~~sS~a.~y7la~ `f~,~~~ sub- /i-e~~d ot._5 • .: APPLICATION AND STANDARDS FOR VIRIANCES A variance from the terms of this Ordinance shall not be granted by the Council unless and until a written application for a variance is submitted to the Administrator and the Council containing, where applicable. (Application available from Administrator.): ~,1~ Address of subject property; Name, address and phone number of applicant; ~" Name, address and phone number of owners of subject property; ~4! Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner; Legal description of subject property; ,4LC~ ``,.;~x~~.C''-~O""S.Uit2C~ ~! Present use of subject property; /a,(yt,E Pua.~[,v~ ~(,~L '~ w~haTt is~nt~ ~ bebe dG~ or with the property; .Scc-dam ~~c~x ~! Thefd~istrict that pertains to the subject property; ~.tF ~ Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required; ,QGe ~.O~fLC~ ~J.O~ Schematic building plans which indicate typical elevation and floor plan of any proposed construction; ~„Q~~_ "A list of the mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred (300) feet of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered; ~Q,G~~~~~f~j,J ~2. Characteristics of subject property which prevG ent compliance with Z e r uir ments of t is Ordinance; ~1 /a ~ avati~-~z.l~i ~~ ~ a~}~ ~y ~u,,~ ~ ~S~mcu1~;~,~( y /13. Minimum requirements of this Ordinance that ne~d t~ o be reduced `/ to permit proposed use; rlpn% ,~. Difficulty or hardship which would result i(f/ requirements of this Ordinance were applied to subject property; ~j'~' ~Q~, ~Q Z~u~n'~bud> CtStS~ .~et~ Bn.2~ ~Lo-S~ C,y G~han~c~s-~~p,~-~¢~ Unusual or peculiar circumstances which indicate that recJflataons L_ of this Ordinance [sh~o~u~l~d not ctl. ~~ac,.omp~ wit~~ ~IDm20~ _/ Llti- 6u-f- C~.LQL1. /CLW'~ 'D`w~.v '~.2~ rY6. Statement that special conditions and .circumstances exist whiaGhLQa 0 " are peculiar to the land, structure or buildings involved and which are not applicable to other lands, structures or buildings in the same district; 11~~ _. ~) ~~,,,,op~„~~s ~ ~~/~~ ~ ~ ~~!sL[ltf1.~ / o. _ ,~Jf~/~~,~- ~~` `"`"7'~ ~ G~d~a~ . 77> (z> rY7. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance; ,~C.Z, P• ~. „18. Statement that special conditions or circumstances exist ~ that were not a result of the applicant's action;,S,u~~' rte. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district; ~- ~•oZ. ,20: Relationship of the proposed variance to the Meridian Com- prehensive Plan; ti~A ~iY. A fee established by the Council-`+~/t'D,° `iC_~-1.Qr"`~ '~eL' ~ /1~Zht,E+~w 23. The property will be posted 1 week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has been done as part of the application. t e «; .. f ~ ~ \ . ` 1 1 I,n!"I tJ t .. • ~ ~ W IE. 1 • ~ ,r M N .4 )1 ~ M N • :•) 4 I • ' ~ • Q 1 ) • 14 N 'f• S) K )1 X [' l toe a .1 ~ ct'=r<~~o cT ! ~_ - __ N 2 ` ) ~S ; S B. ' z 1' Ic ) 1• ~) z 1. • ~. n ~~ (~ Cf ~ '•'4a • ~'L "bq DR ~ 11 E.i i1 ~. > le .! .~. .2 -~• . ~ i 1 1 z ) rl ;:, ! F • « awGSvO JD ~ Et 2 S , Sr r • e e .0 3 e, ~~.~ $ T Y E $ ` r ~ 1• q Iz 11 • N 1 i • ~ IS R F ~' .. N N Ir SV to _Sar i ~ • -e- I .~ I - ze z~ ~ 6 6 ~F ; :, i \ ~ a [-., • f0 ) )1 r z-~ I `~ WI~LOW61 .. O. r`2g Eio I Z ' .z n ~. n is Q . 2S 16 IS 14 • ,~ ~~ : 2: TIFF4NY •, ~ a ~S Q-, zz ~ 1 • = Z m ~> 21 y 13 12 1 ) W z i ~~ 2G ^ LON - >; 19 16 m 10 - ~ `!i 17 10 ~ IS 16 U2~ 9 • 9 14 SiORfY AVE. I~ 1 -1-.. I W r 6 ~~' 12 1~~ • ~. W ' 1 ' • J 1 I( v ` :~Y Y N- :1: `/ 11 D_ „ , l 8 I i ~^ 1 ~ J I? 12 p 13 i a - -. /1.[ ~ 6 11 ~ '/lW '~ ~' 1 I~I) IZ IS IS 1• IS • S ~ - c 1 13 ;' .. .~<. [, .,~ 13 •4 ,. a IJ i Z 1 ~---i ' U T NIP 4 E ~ i-. ..I . b {~ ~pw7.:et _ 1 I i 1 •~r, 3Ra0YTING~ . b ; • I . ' Ili r ~ wEaca~ e~oG. . ~) II jk ---, ~-- - 1 ALL-INCLUSIVE DEED OF TRUST AND ASSIGNMENT OF RENTS (LONG FORM) rhisALL-INCLUSIVE DEED Of TRUST, made this dayot 23rd October is gg ,between Patrick R. Davidson and Valerie J. Davidson, husband and wife whose address is 1928 Leisure Lane, Meridian, Idaho 83642 herein called GRANTOR (Number and Street) (City) (State) STEWART TITLE OF IDAHO, Inc., an Idaho corporation, herein called TRUSTEE, and Dexter G. King and R. Celia M. King, husband and wife WITNESSETH: That Grantor grants to Trustee in Trust, wlih Power of Sale, that property In the County of Asa rein called BENEFICIARY, State of Idaho, described as follows, either located within an incorporated city or village at the date hereof, or containing not more than twenty acres: As per "EXHIBIT A" attached hereto and made a part hereof by reference. Together with rents, issues and profits thereof, subject, however, to the right, power end authority hereinafter given to and conferred upon Beneliciary to collect and apply such rents, issues and profits. For the Purpose of Securing (i) payment of the sum of $ 7 0 r 8 8 7.27 with interest thereon according to the terms of an All-inclusive Promissory Note of even date herewith (hereinafter "the Secured Note") made by Grantor, payable to order of Beneficiary, and extensions or renewals thereof, end (2) the Derlormance of each agreement of Grantor Incorporated Dy reference or contained herein, wish final payment due ""a;t1F ? n 1 6 ' A. Senior Deed(s) of Trust: This is an All-Inclusive Deed of Trust, securing the Secured Note and is subject and subordinate to the following instruments: (1) A Deed of Trust recorded ~jJL].L2,~-r 1 q R ~' -- , as Instrument No. $ 6 2 4 61 , in Book ,Page , of Official Records of Ada County, Idaho, in the original principal sum of Sevencv two thousand six hundraA six+~ an nn,/1 M+ha----------------~7ollars (E 72 660 00 )inlavorof ._ Fi rs+ Scrnri+v Ran1L~~,7Aahn _-_ as Payee, securing a note in the original amount of $ (2) A Deed of Trust recorded in Book Page es Instrument No. of Olticial Records of County, Idaho, in the original principal sum of Doliers in favor of as Payee, securing a note In the original amount of $ The Promissory Note(s) secured by said Deed(s) of Trust Is (are) hereinafter referred to ea the "Senior Note(s)." B. To protect the Security of the All-Inclusive Daed of Trust, Grantor agrees: (1) To keep said property In good condition and repair; not to remove or demolish arty building thereon; tp complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improvement to be gate tfene ie~, fumlgat mprune and do alai otheh arcts wh~ch imm the charectarOrusle o1 said p of pasty mary berreeso elbly necfes cry, the specif c enumerations herein not excluding the general. (2) To provide, maintain and deliver to Beneficiary fire. vandalism and malicious mischief Insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any Ilre or other Insurance ppoolicyy may be applied by Beneficiary upon any indebtedness securetl hereby antl in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be releasetl to Grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. The provisions hereof are subject to the mutual agreements of the parties as below set forth. (3) 7o appear in and defend any action or proceeding purportlnQ to allect the security hereof or the rights or powers of Beneficiary or Trustee and to pay all costs and expenses, including cost of evidence of iltle and attorneys' fees In a reasonable sum, in any such action or pro- ceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneliciary to loreclosa this All-Inclusive Deed of Trust. (4) 7o pay: (a) at least ten days before delinquency all taxes arM assessments affecting said property, including assessments on ap- purtenant water stock; (b) when due, subject to the mutual agreements of the pariies as below set forth, all encumbrances, charges end liens, with Interest, on said property or any part thereof, which appear to be Dflor or superior hereto; (c) all allowable expenses of this Trust. This form furnished courtesy of STEWART TITLE OF IDAHO, Inc. .lbnniry' of C.Mrmn Should Grantor fail to make any pal or to do any act as herein provided, then BenefiC~r Trustee, but without obligation so to do and without nohce to or demand upon Grantor and without releasing Grantor Irom any obligation he of, may: mane or do the same in such man- ner and to such extent as either may deem necessary to protect the security heraol, Beneficiary Or Trustee being authorized to enter upon said i, property for such purposes: appear in and defend any action or proceeding pwporting to allect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay allowable expenses. (51 To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest Irom date of expenditure at the amount allowed by law in effect at the date hereof. C. It is mutually agreed: (t) That any award of damages in connection with any condemnation for public use of or injury to saitl property or any part thereof is hereby assigned antl shall be paid to Beneficiary who may apply or release such monies received by him in the same manner and with the same effect as above provided for disposition of proceeds of lire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneliclary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure 50 t0 pay. (3) That at any time or Irom time to time, without liability therefor and without notice, upon written request of Beneficiary and presenta- tion of this All-Inclusive Deed of Trust and the Secured Note for endorsement, and without affecting the personal liability of any person for pay- ment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof, join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this All- Inclusive Deed of Trust and the Secured Note to Trustee for cancellation and retention or other disposition es Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive preof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." (5) That as additional security, Grantor hereby gives to/and confers upon Beneficiary the right, power and authority, during the conti- nuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Grantor the right, prior to any default by Grantor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court. and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take posses sion of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, Including those past due and unpaid, and apply the same, less allowable expenses of operation, upon any indebtedness secured hereby, and in such order es Beneficiary may determine. The entering upon and taking possession Of Said property, the Collection of such rents, issues and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Grantor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and de- mand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this All-Inclusive Deed of Trust, the Secured Note and all documents evidencing expenditures secured hereby. Alter the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Grantor, shall sell said property at the time end place fixed by it in said notice of sale. either as a whole or in separate parcels, and In such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Grantor, Trustee, or Beneficiary as hereinaller defined, may puchase at such sale. After deducting all costs, tees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in allect at the date hereof; all other sums then secured hereby: and the remainder, it any, to the person or persons legally entitled thereto. However, all costs, fees and expenses set forth in this paragraph shall not De applicable to or charged by the Grantor or his successor in interest. (7) Beneficiary, or any Successor in ownership of any indebtedness secured hereby, may Irom lime to time, by Instrument In writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledgetl and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper Substitution o} such Successor Trustee or Trustees, who Shall, without Conveyance Irom the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Grantor, Trustee and Beneficiary hereunder, the book and page where this All-Inclusive Deed of Trust is recorded and the name and atldress of the new Trustee. (8) That this All~lnclusiva Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named a5 Beneficiary herein. In this All-Inclusive Deed of Trust, whenever the context so requires, the masculine gentler includes the feminine andlor neuter, and the singular number includes the plural. (g) Thaf Trustee accepts this Trust when this All-inclusive Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Beneficiary or Trustee shall be a party unless brought by Trustee. D. The Parties Further Agree: (1) By Beneficiary's acceptance of this All-Inclusive Deed of Trust, Beneficiary agrees that, provided Grantor is not in default on the Secured Note, Beneficiary shall pay all installments of principal and interest which become due under the terms o1 the Senior Note(s). In the event Grantor shall be in default on the Secured Note, Beneficiary's obligation under the Senior Note(s) is deferred until the default under the secured Note is cured. Should the Beneficiary delautt in any of the installments as to the payment on the Senior Note(s) at a time when Grantor is not in default in the performance of the obligations of the Grantor under the Secured Note or this All-Inclusive Deed of Trust, the Grantor may make said payments directly to the holtler of such Senior Notes(s); any and all payments so made shall be credited to the Secured Note against the next suc- ceeding installments of principal and interest. Nothing contained herein shell be construed to create a third party beneficiary relationship bet- ween the Beneficiary and any other person. (2) Notwithstanding any covenants contained in the Senior Note(s) or Deed(s)of Trust securing same, Beneficiary shall have no further duty under this Albinclusive Deed of Trust when:(i) the lien of this Alldnclusive Deed of Trust has been extinguished by foreclosure sale or (ii) this All-Inclusive Deetl of Trust has been duly reconveyed after payment in lull of the Secured Note and subsequent to the payment by the Beneficiary herein of Grantor's portion of the Senior Note(s) which the Beneficiary herein is required to pay to the holder of said Senior Note(s). Should Grantor be in default under the terms o1 the Secured Note and it Beneficiary consequently Incurs any penalties, c' ~.rges, or other ex- penses on account of the Senior Note(s) tluring the period of such default, the amount of such penalties, charges end expenses shall be immediately ad- ded to the principal amount of the Secured Note and shall be immediately payable by Grantor to Beneficiary. If at any time the total of: the unpaid balance of the Secured Note, the accrued interest thereon, all other sums due untler the terms thereof and all sums advanced by Beneficiary pursuant to the terms of IhisAtl-Inclusive Deed of Trust, IS equal to or less than the unpaid principal balance of the Senior Note(s) and accrued interest thereon, the Secured Note, at the Option of Beneficiary, shall be Cancelled and said property Shall be rewnveye0 from the lien Of this All-Inclusive Deed of Trust. (3) Grantor and Beneficiary agree that in the event the proceeds of any condemnation award or setllemenl in lieu thereof, or the proceeds of any casualty insurance covering destructible improvements located upon saitl property, are applied by the hoder of the Senior Note(s) in reduction of the unpaid principal amount thereof, the unpaid principal balance of the Note securetl hereby shall be reduced b/ an equivalent amount and De deemed applied to the last sums due under the Secured Note. (4) At such time as the Secured Note becomes fully due and payable, the unpaid Indebtedness of principal and Interest owing thereon shall be reduced by the then unpaid balance of principal and interest due on the Senior Note(s). (5) Any tlemand hereunder delivered by Beneficiary to Trustee for the foreclosure of the lien of this All-Inclusive Deed of Trust may be not more than the sum of the following amounts: p) The equity of Beneficiary in the Note secured hereby being the dlflerence between the then unpaid balance of principal and interest accrued and unpaid on the Secured Note on the date of such foreclosure sale and the then unpaid balance of principal and interest so accrued and unpaid on the Senior Note(s) as of the date of such foreclosure sale; plus (ii) The aggregate of all amounts theretofore paid by Beneficiary pursuant to the terms of this All-Inclusive Deed of Trust prior to the date of such foreclosure sale, (or taxes and assessments, insurance premiums. delinquency charges, foreclosure costs, and any other sums advanced by Beneliclary pursuant to the terms of this All-Inclusive Deed of Trust, to the extent the same were not previously repaid by Grantor to Beneficiary; plus (iii) The costs of foreclosure together with attorneys' fees and costs incurred by Beneficiary in enforcing this All-Inclusive Deed of Trust or the Note secured hereby as permitted by law. (6) Notwithstanding any provision Io the contrary herein contained, Beneficiary for himself, his successors and his assigns, agrees that, in the event of a foreclosure of this All~lnclusive Deed of Trust, he will, at the trustee's sale, offset his bid by an amount not exceeding the amount representing the total amount then due under the note secured hereby plus any advances or other disbursements, which Beneficiary and his successors or assigns, may, by law, be permitted to include as an offset to his bid, less the then actual total balance due upon any notes or obligations secured by any and all deeds of trust having priority over this All-Inclusive Deed of Trust and covering the above described real property or any portion thereof. The Trustee may rely on any statements received from Beneficiary as to the unpaid total baance, advances or disbursements, and such statements shall be deemed binding and conclusive as between Beneficiary and Grantor, on the one hand, and Trustee, on the other hand, to the extent o1 such reliance. (7) Grantor covenants and agrees that Grantor shall perform and observe all obligations to be performed and observed by Grantor under the Deed(s) of Trust securing the Underlying Note(s). (STI Pepe 2 of 3) Signature of Grant nature of Grantor c ~ck R Dav son a aria J. v' son Signature of Beneficiary Signature of Beneficiary Dexter G. Icing R. Celia M. King STATE OF IDAHO ADA ss. COU NTY OF pn October 24 . 1989 ,before me, the undersigned, a Notary Public in and for said State, personally appeared Patrick R Davidson Valerie J. Davidson, Dexter G. King & R. Celia M. King known to me to be the person s whose name S are subscribed to the within instrument and acknowledge that they executed the same. WITNESS My hand and ollicial seal. Signature Trine Nishitani Residing at: Boise, Idaho Comm. expires: 6/28/91 STATE OF ss. COUNTY OF On , before me, the undersigned, a Notary Public In and for said State, personally appeared known to me to be the person whose name subscribed to the wflhin instrument end acknowledge that executed the same. WITNESS My hand and ofliclal seal. Signature (IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS ALL-INCLUSIVE DEED OF TRUST, THE PAR- TIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT TO SAME.) Oo Not Record REQUEST FOR FULL RECONVEYANCE TO STEWART TITLE OF IDAHO, Inc.: The undersigned is the legal owner and holder of the note and of all indebtedness secured by the foregoing Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, Oh WY~ ment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of in~ debtedness secured by said Deed of Trust delivered to you herewith, together with the said Dead of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please Mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Deed of Trust OR THE NOTE which It secures. Both mual be delivered to the Trustee for cencellatlon before reconveyance will be made. This form furnished courtesy of STEWART TITLE OF IDAHO, Inc. dbunp oJGmma /FTI Pane o of m • Commitment Schedule A continued Order Number: ST-89020859 WN Effective Date: AUGUST 22, 1989 at 7:30 a.m. Commencing at the Southwest corner of the Southeast quarter of the Southwest quarter of said Section 1; thence North 20 degrees 43'45" East 1,050.48 feet, to THE POINT `~ OF TRUE BEGINNING; thence West 124.59 feet, to a point; thence North 00 degrees 00'42" East 343.08 feet, to a point; thence North 88 degrees 34'57" East 251.88 feet, to a point; thence South 00 degrees 14'21" West 349.31 feet, to a point; thence West 125.83 feet, to THE POINT OF TRUE BEGINNING. Said parcel being formerly described as follows: --- ~- - A parcel of land in the southeast l/4 of the southwest 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho more particularly described as follows: The North 340.11 feet of the following described property. Commencing at the southwest corner of the southeast 1/4 of the southwest 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian; thence North 00 degrees 24'30" West 985.21 feet to a point; thence East 253.25 feet to THE REAL POINT OF BEGINNING; thence North 00 degrees 07' West 340.11 feet to a point; thence South 89 degrees 58'30" East 248.80 feet to a point; thence South 00 degrees 07' East 615.00 feet to a point; thence South 89 degrees 53' Weft 122.09 feet to a point; thence North 19 degrees 23' East 142.63 feet to a point; thence North 00 degrees 07' West 140.46 feet to a point; thence West 124.40 feet to THE REAL POINT OF BEGINNING. EXCEPT ditch and road right-of-ways. Purported Address: 1928 LEISURE LANE MERIDIAN, IDAHO STEWART TITLE OF IDAHO, INC. ,. <f~~~ . ~' 1 ~ ~ ~ ~ .,,~^ri^,, ~•,~.~~~~,_~.. Commitment Schedule A-2 ADA COUNTY HIGHWAY DISTRICT 318 EwsT a7TM sTwEET BOISE, IDAHO 83714 Inter-Department Correspondence To: Ada County Highway District Commission Date: December 30, 1991 From: Development Services Subject: FINAL PLAT -FIELD OF DREAMS FACTS & FINDINGS: 1. All conditions of the preliminary plat have been satisfied. RECOMMENDATION: 1. Approve the final plat of Field of Dreams Subdivision and authorize the Chairman to endorse. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Pat Dobie. P.E. 'J l~,J 1 FIELD/DSTHCH 1-9-09 .o ~ q mow! ; • L . - - ~ w ~ ~ w •" w w w - w d ~ IO A ~ • • . ~ ~ • . r 4 ~ ~ \ • ~ « _ N N N 3 O ~ - ^ _ _ w 1 > J ! ~ ~ J w n _ w N ~ N M1 ~ N ~ s pNt - ~- ~ 4 w N ~ w CFtf jb S - - • ' _ _ ~ ® ' w ~ .. ., ~ J w ~H . N3~ d0 se13WN 3)1 ' ~ v a 3ltl0NMtll ~d 2 = ., m ~a ® ~ .N a ~ a g ~ • v 9 4' w~ • w • .. '3Atl NL S Mh ~ Y '18 MN .- r • e ~ . w N • w N Q 7 ~ ~ ~ N ' n • N w ^ w ` • S _ a ~ ~ _ • N ~N>MM w w • Zi •ld NOSSOI ~ r ~ •_ w N M • N~ N ~. ry. ~• • } po~ A N •f M • w = F • `` . • _. n • n • a e _ ~ w ~ ~ = . N l O! M N _ - _ _ } p x~[ • '1S V i01 M N sl • = ~C r ~ « = _ ~~ 8 = 3 ~ • ! ~ 1 1 1 1 r ~ ~ A .g ! _J__1__L _J__1_ __~~_ Y Qi[[ '1-'ti r N ! _ _ ~_ ~_ ~ N - V O O O ~~_ _ ~ ~ « Y S ' ' A » • a • ~ 9 7Ar Nlll M N N _ L Q ~ •• I ! - NA 11 MN y ~ - ! S r • w w ~ w _ Q Y • w ~ M ~ •• w 11 M I YY M r~ . 4 1. li=1 w ! ~ 'J.S WU • ~ w .! V . • M ! • • • • p w .C 4~ t • = w ~ ~ " ~ K S S« tg F ._ w w 'I j c ~ p ) . w 1 m ! ~a a Mylvd • g•: ! ! j $ M ~ 3 - s _ i , a ~j r i f w Y _ O ~ 9 }/ • ' f 2 ! c I VI4J~ vi ! _" _ .r ~ . i s 4 _ ! • ! . ~ r, .. 1 f w ~ K • • • .. ~ ~ i O • r V~/r V~~nii ...., ~ ~~ ,~, ,~ C ~~ •j ~ ~ s~~ ~ , ~~ I ~. .. i ~s s~~ S ~ . _._::.~_...,:~:. ~ ~~ ~I - i ' ~r~4 Ili; ,,~; .~ I I i' A •r ~ ~ i ~ 1 s ~ ~ °x h ~ ~ ~~ ____-__~ r , , M~ ~ ` ; 1 l ..w. `I I ~ a ~ I r ~ O f ~ ~. ,_ _ ; ,~,~...~..~ .....a .+~ !. ~I "~ ( ~ ~~ ~ ~ ~ b ~ ~ ~ !~[~iCi e ...:..~ --~--.-M : --~ 1 °~~ 9~' v.,~.. .~_ ~ru_a_+..T.__ - --*------ ~ _ 1 ,yr ~arw ~ ' L~ 9j ,~ ~~ ... I • HUBOFTREASUREVALLEY A Good Place to Live OFFICIALS JACK NIEMANN, Clty Clerk CITY OF 1VIERIDIAN JANICE GASS,Treaaurer BRUCE o. sTUART, water woos soot. 33 EAST IDAHO W AVNE 6. CROOKSTON. JR., Attorney EARLwARO, waste water swL MERIDIAN, IDAHO 83642 KENNY BOWERS. Fira Chef Phone (208) 888-4433 BILL GORDON, Police Chef FAX (208) 887-0B I3 GARY SMITH, City Engineer GRANT P. KINGSFORD Mayor DECET7BER 10, 1991 MAYOR COUNCIL Nffit9BERS ATIORNEY ENGINEER COUNCILMEN RONALD R. TOLSMA J. E. BERT MVERS ROBERT GIESLER MAX YERRINGTON Cxairmen Zonln9 3 Planning JIM JOHNSON REVISID COVENANTS ON FIELD OF DREAMS SUBDIVISION FOR YOUR REVIEW: THESE WITS, BE ON THE COUNCIL AGF.~IDA FOR DECEMBER 17, 1991 ATJJNG WITH THE FINAL PLAT ON THIS SUBDIVISION: JACK NIEMAD7N CITY CLERK PPOTECTIVE COVENANTS F'Ok DEVELOPMENT OF SINC~LL•'-FAMILY DETACHED DWELLINGS F'1'6'LL> UF" DXEAM,S' SUBDI L'ISION Be it known that the foliowlna protective covenants are lterc'aJV acYOr't e~I 177 t1.eIY EntlretV CO ap,CP1V t0 th6 r"gal prC>ri~"-1ItV tD be suhdivided ,.,;ui contained in a subdivision tee be known as the rieid of Dre~~ms .-ubdivlsi nn, a portion -f the W 1/2 of ti7e E iii' of r_rte W 1/- of t_he ,~~E lid of t_he SW 1/4. Section 1. T.31J.. Ir. iW.. B.ivl., Meridian, Ada +~`<>unty. Idaho. Said pro party Is owned br Patricx 11. and Valerie J. Davidson. ly2ti Leisure Lane. Meridian;. Idaho. A. kesldential Area Covenants: 1. Land Ilse and Buildin_q Type: No lot shall be used except for residantlal purposes. No building shall be erected. altered. placed, or permitted to remain on any lot other than one detached singla-family cYwellinq not to exceed two and one-half stories in height snd a privated _garage r`or not more than three cars cr less than two cars. ~. Archrtactural control: No building shall be erected. placed ur alter'ed on anv lot until the constructron plans and spec2ticatz'~ns and a plan .showing ttre location of the structure have been approt-ed by the Arci7itectural C'pmmiLtee a.s to the quality ..f wcr-krnanship and matar~Iais, harmony or external r~aslorr with e:;istrrnx structures. and as to Location with Iespect to toc+ooranav and finish qr°ade elevatlon. Nn tense ar wall shall I~~e erected. placed or alterea on any lot nearer to any street t17an r_Ire minimum },ui idinq setback 1 ine of ~ti' . as per Meridian !:'i ty Code. ~. Dwelling Cost, (duality and 5'iza: Np dwelling shall be per-milted on any lot at a cost of less than .gSS.UDCI.UO excluding the value of the land and utility connections based vn the cost levels prevailing on the date these covenants are recorded, it being the intent_In_n and purpose of the covenant to assure that a'1 dh°ellinps shall be of a quality of workmanship and materials substantially the s.sme or better than that which can be produced on the date these covenants are recorded at the minimum cost stated rrarein for the minimum permitted dwelling size. 1'n~eground door area of t;he main structure, exclusive or one-story ~'" 5~131j be nOt less than 1,400 squares rest for p~~~4;~~~ dill CJ~T'dC1t'. s ware r"met for a ~ one-stow dwelling. not less than 1,G00 9 dWeliinp or more roan one-stow. Pa ae :.' -1. Lruiidrn~7 Location: al No building shah be lo,~ated on any lot nearer rr_, the frorrt Zor, line than ;:0'. the rear lot line trian 15' and srde Ic't line ri,an 5~ as ner l~leridian City C~rdrnance. bi All lots shall oe provided with a G car garage pius~ drrvewav snd a mrnrmum orr_wo off-street autnnavbile parking sc;ace.- within the boundarres of each lot. cr Prror to anv con,~trclction being commenced, two its .>i plans ,~rua specifications shall be submitted to the Cor7uurttee -- c,ne sec shall be dated and recerpt acknowledged by the c'harrrnan or the C'onunittee and returned immediately to the owner. dr e'onstruction or any residences on the subdivision shall be diligently pursued aster commencement thereof. tv be cnrnpl?ted within one 111 year. including fence and landscaping. e! For the purposes of this covenant. eaves, steps and open porches shall nvt 6e considered as a part or a building. provided. however, that this shall not be constructed to permit any portion of a budding. on a lot, to encroach upon another lot. II No building or structure shall be placed on said property so as to obstruct the windows or light oI any adjoining property owner in said subdivision. h. 'asemenrs fur in,stallatinn and maintenance yr ut.iirtre.s and dr~arn«,re facriities are reserved, as shown on the recorded plat of the s%abdivisron. wrthrn these easements no structure. pl,.snting or other material shall be placed or per~naitted to rerni,an whrcn rnav damage or interfere with the installation and maintenance of the utilrties. yr wh_+ch may chance the direcrior ,:~i ri,~w ,%t water rhrougli rirainage i?hanneis rn the easements. 'Thr. easement area of each lot and all irrinrovements in rt shalt be mainr,arned contitar.rnusly by the owner of the lot. axcept t,>r those imps->vements for which a public authority or utilir_y rs responsible. ti. Nuisances: No noxious or ofrensive activity shall be cars-led on upon any lot, nor shall anything be done thereon wnrch may hens may become an annoyance or nuisance to the nerghborhood. 7. Temporary Structures: No structure of a temporary character. trailer. basement. tent. shack, garage. barn or other out building shall be used on any lot at any time as a residence either t_emporarrly or permanently. ti. Srans: No sign of anv kind public view 077 ar7y iOt eXCept one than one spuare foot. one srgn of advertrsrng rrte property tar sale budder to advertrse the property per r oa . shall be displayed to the professrvnal .sign of nor mare not more than five sduare feet ,?r rent, or Brans used c'.v a during the sale and cvrrstruc_tic>;.~ • • Pa ge 3 U. Oil ,and raining Operations; No *_~il clr'illing, oil development operations, oil refining, quarryin_q or mining operations of any kind shall be permitted upon or in any lot. nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other stucture design for use in boring for oil ur natural gas shall be erected. maintained or permitted upon any lot. IU. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. Dogs shall not be allowed to run at large. Not more than two (:?ldogs and/or cats or other pets may be kept at one time, except that a litter cf young may be Inept until eight (&1 weeks old: in accordance with Meridian City Ordinance. Il. No business shall be conducted on the above property that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. Iv?. Only one outbuildin_q per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted nn the outside and shall be of good quality and character that will be in harmony with the other building on said property and must be approved by the Architectural Committee. 13. No lot or buildings site included within this subdivision shall be used or• maintained as a dumping ground for waste or material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. Parking of boats. trailers, trucks. truck-campers and like eauipment. or iunk cars or other unsightly vehicles. shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosures, and no portron of same may protect beyond the enclosed area. Parsha~lobeaprohibited excepher vehicles on any part of the property within garages or other approved areas. The Architectural ~bmmittee shall be the sole and exclusive iud4es of approved oarkin_q areas. Their decision shall be final and bindin_q. All building materials and equipment will be kept withiuitmentrshally line during construction. machinery and building eq p be removed upon completion of construction. • • Pa 4e 14. Water 5'upply: This subdivision is supplied water by a rFnLr•=! ~ kY`r'~. =~"='t`:i! Of M?Y'ICliart City. tir-Sld Water' .`+ 'trnj t_.. ,`_'e~rt located. constructed, equipped and approved in accordance with the reguirerrrants, standards and recommendations of the Central L>istric,t Health Department and Meridian City. No individual water supply system shall be permitted on ~sny lot unless such system is located. constructed and eouipped in accordance with the reauiz-ements, standards and recommendations of above lasted authoz-ity. Approval of such system as installed shall be obtained from such authority. 15. Sewage Disposal: This subdivision is supplied with city sewer- stub outs as designed, located and constructed and approved in accordance with the requirements, standards and recommendations of the Department of Health and Welfare, State of Idaho and Central District Health Department and the Meridian City Sewer. Each lot in this subdivision represents real property conveyed by Deed and shall be subject to the following conditions and covenants relating to sewer service. ~sl This property must_ be connected to Meridian City public sewer system. bl All sewer treatment plant connection r"ees must be paid at the time or ronn'ection according to the ordinances and laws of Meridian City: and c) A monthly sewer charge must be paid after connection r_o the Meridian City public sewer systern according to the ordinances and laws of Meridian City; and d) The owner shall submit to inspection by either the Department nt Public Works or the Department pf duildinq, wtienez.~ar a subdivided lot is to be connected to the sewer system constructed and installed pn and within its property. Grsntee, by acceptance vests in Meridian City. the right against the owner of the premises thereof for the collection of any enforce theronditions herein sta the land. of this Deed, hez-eby expressly and power to bring all actions hereby conveyed or any part charges herein required and to :ed. This Covenant shall run with lti. irrigation Water: Connection with the delivery of ir-r-igation water to all lots has been provided in accordance with 1eridian City Ordinance to this subdivision. The purchaser of any lot, however-. is subect to all assessments levied by the appropriate irrigation entity and responsible to pay the same. which assessments are a lien on the Iand within the irrigation entity. li'. Ltamage t_n Improvements: It shall be the responsibility 02 the builder of any residence in this subdivision to leave streets. curbs. sidewalks. fences. and utility fac:ilitzes free of damage dncl in good. s<,und condition at the conclusion or the a~rrstruction period. 1t shall he Page 5 consluszvely presumed that all such improvements are in Good. sound condition at the time building is begun on each lot unless the contr-ar-y is shown in writin_q within five days of the date of t_he deed from the developer to the next purchaser, which notice zs addressed to a member of the Architectural Committee.. B. Architectural Control Committee: 1. Membership: The Architectural Contz-ol Committee is composed of Patrick k. and Valerie J. Davidson, 1928 Leisure Lane. Meridian, ILj and Kris J. Gildesgaard, 187 W. Willowbrook Pr., Meridian. IL ("Names and addresses of three members). A majority of the committee may designate a representative to act for it. Zn the event of death or resignation of any memeber of the committee. the remaining members shall have full authority to designate a successor. Neither the members n_f the committee. not its designated rep. shall be entitled to any compensation for- services performed pursuant to this covenant. At any time, the then record owners of the lots shall have power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers oriel duties. Z. Procedure: the committee's approval or disapproval as required in these covenants shall be in writin_q. Zn the event the committee or its designated rep., fails to approve or disapprove within u days after plans and specifications have been submitted to it. or- rn any event, ii not suit to enjoin the construction 17as been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with. C, general Provisions 1. Perm: These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty years from the date these covenants are recorded. after which time said covenants shall be automatically e;:tended for successive periods of 10 vears unless an instrument signet! by a majority of the owners of the lots has been recorded. agraeing to change said covenants in part or whole. ~. 6'nforcement: Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate anv covenant either to restrain violation or to recover damages. ~. Severabitity: Invalidation of any une of these cnvenanr_s by _7udgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. Page ti D. Attest: ~ -1 Patrick R. Davidson Valerie J. Davidson S7ATE` OF` IDAHZ~. C'C>UNI'Y UF' ~`'~~- Can this ~(p~~- day o1' C~''ef~6er 1ST ~~before me. a notar°v public in and ri~r said State, personally appeared Patrick k. and Valerie J. Davidson Known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executea t_he same. Notary Public ~ . Reszdinq at ___~j~l~~__---...--_--' Idaho r ~'ommissson 1;_~:pires L IO__l~ ______ ,,,I Viw;111~1Y ,. .~ ~ CP r a ., '9 •= 2 ~, ~ `* ~ .~ s qrf .......••p~o ~.~' ~'~~. Of ID ~.••' Ci u P,MBROSE, FITZGERALD 6z CROOKSTON ATTORNEYS AND COUNSELORS 1530 WEST STATE - P. O. ROX 427 MERIDIAN, IDAHO 83642 GRANT L. AMBROSE (1915-19687 JOHN O: FITZGERALD. P. A. WAYNE O. CROOKSTON,JR., P. A. WILLIAM J. SCHWARTZ Jack Niemann Meridian City Clerk Meridian City Hall 33 East Idaho Street Meridian, Idaho 83642 TH19 ARM 1NCLIIOES PROFESSIONAL CORPoMTIONS October 22, 1991 RE: COVENANTS OF FIELD OF DREAMS SUBDIVISION Dear Jack: 'TELEPHONE 888461 AREA CODE 308 Please find enclosed a copy of the above covenants with my notations on them. If you have any questions after you review the covenants and my notes, please give me a call. Very truly yours, ~~ ~~ ~,~ WAY" ..' CROOKSTON, JR. WGC:msg Enc. I f' ~ • • PROTECTIVE Cc)VENANTS FOR DEVELOPMENT VF SINGLi'-FAMILY DETACHED DWELLING'S' F'It1.0 OF' GRE'AMS' S'UBUi V1:iIUN i3e it known that the following protective covenants are herz.OV adopted rn their entirety ro apniy tv the real ,prnpzrty to be. subdivided and contained in a subdivision to be known as the i•'ieid of Dreams Lubd.ivision. a portion of the W 1/.' of the E 1/ of tt,e W 1;2 of the S'E 1/~! of the SW 1i4. sectrvn i. T.3N.. h.1W.. ti. M. , Meridian. Ada ~`,•unty. Idaho. Said prod-erty is owned nv Patrick R. .and Valerie J. Davidson. 1928 Leisure Lane. Meridian. Idaho. A. Residential Area c"ovenants: ~~~~ 1. Land Llse and Building Type: Nv lot shall be used extent for /~'~'~-a*.4' residential purposes. No buiidina shall be erected. altered. ~ ~ placed, or permitted to remain on any Ivt other than one detached sinola-family dwelling not to exceed two and one-half stories in ?l~~~ height and a privated _garage for not more .than three cars or less O - than two cars. ~,~'~ 2. Architectural Control: No building shall be erected. piacacx'"4.~ ~4y, or altered on any lot until the construcrion plans and ~ '~ ;~~ specifications and a plan srrowzng the locarion iii' the struccrir-e have bzen aporv~:•ed by the Arc;ri tectur-a! C'ommi r_tee as to the t~~ gUalitV JI WOT-/irOanShiD anQ 1174 ti 1°1 a18. harmony or e::ter-nsl %t r'.~'IOf7 ~lcc Wl th exr Sting stYUCt U1"es. anc% as t0 lOr-'~ytli~n WS Cl7 t-e'3DecL CO touogr-,3c;nv and rinish ~Jlcidc zl~~:'acion. No Ienra or w~rl shall t>a erected. vtaced yr altered on anv lut nears.!- to any scr-eet than Ilia minimum bur ldinv serback 1 ins vl <!i' . .ss per !Neridiar. ~'i tv c:'vd e . ,~. Dwelling cost. (.!uglily and Sipe: No uwzllina shall be permitted on anv lot at a cost of less than ,S55.UDU.OU excludinu the value of the land and utility connections based vn the cost levels prevailing vn the date these covenants are recorded. it being the intention and purpose of the covenant to assure that a.1 dwellings shall be of a qualit;• of workmanship and materials substantiglly the same or better than thsr which can be proauced vn the date these covenants ar^e Pr mltteddd~Wellin~ si^eum Ihetorounci stated herein for the minimum P exclusive or one-story open ~, loan (.~1lIQ SQUa.Ye ieer SOY tl~~or~ dt"rd Of the md1 shYl1lCibe` not ins-DUO square feet ror .~ pdt^~h85 dlld C1dPdge_ . nor less than 1 • story dwellin9• ona-story. a °ne ore tnan ~ ~~ ~ dwe! i ing yr m- ,,l ~ ~y ~--p'a I `A I' a o~ - M~.+shar n..-~~:-. __.~-~-~ .a :.:r~.x ;rrm~Nw~~seavc!/~+'^n~1I~M~ • pa ae ID~ v ir,t neal'er ~. tli. \ ocation: !!cat?d OPtY3n 15' and s11e 1°- 4, buriding L shall be l" line ar No buiidrna line than ?0', the rear lot ,car, e,~ra!?e plus ~, as per (Ner:idian t'iLV Ur,irnwith a suaras front lot ~ shall be provided - While garbing 1]ne Chan nfrsa~? oIT-street -9Ur`'m' rW0 p~tS .-1T b; All lets ,~ minln?um Path loi. P1nU convnenceci. _ driveway anu withln the ooundari es °V corl.;rructlon b- to the 4'i!IINllLrr-.e - !-~ prior tc '~n shall be submitted ~d by the ~lralrman of plans ana specifications Yecelot acknowlecie-owner"• e dated and imnediatel.Y to the subdivlsron vne set shall and returned on the to be Committee any residences thereof• lnd the dl Construction O1 arter commencement l-sndscap ently pursued including fence ea~es. steps and shall be dilig (ll yeas-. withln vpe urposes of thrs covenant. yr a buiidl _ completed the p a part to per-mlt er For consrdered as constructed lot. open porches sh.sll not be not be n3 _h upon another that thrs shall to encr.' qn said pr-voided. however. on a lot. be Placed . of a bulldrng. of any adlolnina/~ env Portion building or~ str'uctur'e shalitlghtA7~~ Y C lu~-~+- f r No wi ndews vr" ~~v~~'''"' rsd / s~ p:-pperty so as to saidrsubdivisr'~n' D".." property owner rn uttlltles e B~~~y tallativn and maim ?Hance or as shown on the recorded "~7r" 5, casements for ins. es are reserved. easPmPnts no structure. y facllitl. t n these or, per•mltr.ed to remlan and dralnaee !,n Wr-hl pint of the subdivrsl: shall be placediailatlon and ~ or other'- material ~ with the ins: the ctirection '-f pi antrng ,,r interfer-, wh,ch may chanaa damage I?~a whlcil may of the utiiities• °rJhannPlG ul trio easames~ta.ir be maintenance drainage lt~ r those flow •?t waxer through snc; all rmprovemer,ts lnrx_; c, r_ c~-~ each lot the owner or the 1',t easement aria vi ,,r- utility is nr:lntalned CUI1L~17Wh1ChVabpUbilc authority improvements response i? l e ,r offPnslve activity shall~oeµhlch ,~lvus anything be dune therein o, Nuisances: N~' n`" , shall n,~tghborhvod. any lot. nor' nuisance to the carried on upobecvme an annoyance or may be or may No structure of a temporary other tent. shack. garage. barn vt' ~. Tempz!rary Structures: a residents basement. lot at any time as character. traller• a used on any out building shall br per-rnanently• either tempvrarrly t~, r,i~e hind shall be displayed ur-e „fesslonai clan ~?r ~~"= No slan of env ~ feet . 8. ;;lens: lot eXcept one pr" an flue, sguar- w on any ,pr nut mere th used pti• ,~ public vie Loot. vne sr Jn ,,!r 1-~fir~ ~?r- 51 gn3 5gllare n r~t~. C!?Y sale P Sale grid '%~-'YIStl"UCt1(?n than one me or-.- ,~~iVPYt1SCOgadV6r't1Se t)le Dl'!?p~1-tr' dUY1 ng th- ~ ~~ n ' builder p pl-1 i?!1 . ~ . G' • Page 3 9. oil and mining operations: Nu vil drilling, oil development operations. oil refining, quarrying or mining. operations of any kind shall be permitted upon or in any lot, nor shall oil wells. tanks, tunnels, mineral excavations.or shafts.be permitted upon or in any lot. No derrick or other stuctur-e design~g for use in boring for oil or natural _gas shall be erected. maintained or permitted upon any lot. !0. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that then are not kept, bred or maintained for any commercial purpose. Dogs shall not be allowed to run at large. Nvt more than two (2ldvgs and/or cats or other pets may be kept at one time. except that a litter of young may be kept until eight (dl weeks old: in accordance with Meridian City ordinance. 11. No business shall be conducted on the above prc?oerty thatG~ ~ yc; cannot be conducted within the residence of the owner. No szgns~ Gv/ s nstalled to advertise sal uszness, r~,~ ~ 12. Only one outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building mater-ial, completely finished and painted un the outside and shall be of,good quality and character that will be in harmony with the other building on said property and must be approved by the Architectural Committee. 13. No lot or building site included within this subdivision shall be used or maintained as a dumping around for waste ~- material. Incinerators are not permitted. Receptacles for storage of trash. _garbape, etc., shall be maintained in a sanitary and clean condition. Parking of boats. trailers, trucks. truck-campers and like equipment, or junk cars or other unsightly vehicles. shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage. or other approved enclosures, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property shall be prohibited •excepr_ within garages or other- apomved areas. The Architectural L'ommittae shall be the sole and e.xciusive fudges ofalproved parking areas. Their decision shall be final and birrtiizjg. All building materials and equi ment will be kept within the property; line during constz-action. ~chinery and building equipment shall be removed upon completion ar construction. _, ,,a K .. Nees"'. "_'"^rva~~l Qe `~ This subdivision rs supvlred4f~Iterabv~erl 14. Water 5'upvly: central water system pr Merrd,ian r'ity. Said water the Central located. constructed. eouiaved and aPPr~p1ed rnN"crnddvi iualrwat~ne requirements, standards and recvrnmendativns vt nt unless such system rS Distrrc't Health Department and Meridian crty. 3Upp1V~SYStem steall be permitted vh any 1- located. constructed and eouipped in accordance with the obtainea reouirements, standards and rystem~aa~installed~~shaell~sted authorrty. APPr"~"'a~ or such s. from such aur.hvrrty. lti, Sewage Disposal: This subdivision rs supplied wrth city sewer stub out with therQequrremenis~ standardsranaerecommendations in accordance of the Department of Health and Welfare. State of Idaho an Central Gistrrct Health Department and the Meridian City Sewer. r o er ty conveyed by Each lot in this subdivision represents real p' P conditions'and Deed and shall be subJect to the followrna covenants relating to sewer service. al This property must be connected to Meridian City public sewer system. lent cvnnectran fees must be bJ All sewer treatment p paid at the time of connection according to the ordinances and laws of Meridian City: and cl A monthl.v sewer charge must be peed after ..connection to the Merrdian City public sewer system according to the vrdinances and laws of Meridian City: and d) The owner shall sPbGevar~mentvvftdurl~ingitt~eheneher Devartment of Public Works yr th_ a subdivided lot is tv be cnnandtw~th`inthtssPwvpertytem constructed and insr,alled ~ hereby expressly Grantee. by acceptance of this Leed. vests rn Meridian City. the right and vowconveyedjvr any partons against the owner of the premises hereby wired and to thereof for the collection of any charges herein rep enforce the conditions herein stated. This Covenant shall run wrth the land. 1ti. Irrigation Water: Connection wrth the delivery of irrigation water to all lots has been Dr-vvided in accordance with Ordinance to this subdrvision. The purchaser of any Meridian City ay the same. lot, however. is subiect to aldnd$YCSDOr7SlbleetOep by e aoprvpr-iate irrrgation entity P land within the ire-raation which assessments are a lien on th_ entity. 17. Dsmage r_o Improvements: It shall be the responsrbrlrty of the builder of any residence in tnrs subdivision tv leave samaaesand"2~sgood~esau~d condrtion~at thelconciusrontoisthee2 'r d construction verrc~~-l. Lt shall he ~ . Page 5 conslusively presumed that all such improvements are in good. sound condition at the time building is begun on each lot unless the contrary is shown in writin_q within five days of the date of the deed from the developer to the next purchaser, which notice is addressed to a member of the Architectural Committee. B. Architectural (."ontrol Committee: 1. Membership: The Architectural Contz-ol Committee is composed of Patrick R, and Valerie J. Davidson. 1928 Leisure Lane. Meridian. ID and Kris J. v'ildesgaard. 187 W. Willowbrook Dr.. Meridian.. ID ~~~ `•"J "~~'^ ~ 41 '. A majority of the committee may designate a^s°epresentative to act for it. In the event of death or resignation of any memeber of the committee. the remaining members shall have full authority to designate a successor. Neither the members of the conunittee, not its designated rep. shall be entitled to any compensation for services performed pursuant to this covenant. At anv time. the then record owners of the lots shall have power r_hruugh a duly recorded written instrument to chancre the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties-. 2. Procedure: The committee's approval or disapproval as required in these covenants shal! be in writing. In the event the committee or its designated rep., Sails to approve or disapprove within 30 days after plans and specifications have been submitted to it. or zn any event. zt no~ suit to enioin the constructznn has been commenced prior to the completion thereof. approval will not• be required and the related covenants shall be deemed to have been fully complied with. C. General Provisions: 1. Term: Thaw covenants are to run with the land and shall be binding on all parties and all persons claimzn_q under them for a period of thirty years from the date these covenants are recorded. after which time said covenants shalt be automatically extended for successive periods of 10 years unless an instrument sinned by a majority of the owners of the lots has-. been recorded. agreeing to change said covenants in Dart or whole. . Z. Enforcement: Enforcement shall be by proceedings at law zn equity against anv perSOn or persons violating o1' attemDtlnO violate any covenant either to restrain violation or to recover damages. ~ , 3. Severability: lnvalidarion or anv one of theses covenants by .judgement or court order shall in no wise affect an`v or tha other provisions which shall remain in trill torte and etfect. or t0 ti,~~,>. , • ~.,. ~ ~ Pa qe ti D_ Attest.• a i ~ ~~ r ~ ~ ~ JGK ~-- Patrzck R. Davidson .~~~_ ._. _.. /~<~/Zti Va 1 er-i e J. Davidson STATE UF' IDAHU. r:'OUNTY OF ~-t ~li- On this ~(Q_~'-_,, day or Q~ehher .. 1~ ~~bafore me. a notary public in and 1'ur said State. personally appeared Aatrzck k. and Valerie J. Lavzdson known to me to be the persons whose names are subscribed to the within instrument, and acknowledged tv me that then executed r_he same. a-'~ ~~, ~~- - - ` Notary Public Reszdznq at _ 42 __ _. Idaha Commission I;~:Pires ,.I_~~~_..~a_-__.._....._._ ,,~~~~.unn~.;r ~O ~N«..~~~~ . , - . ~ `~ zz 2 „ ~ N ~ ' r~ Z :.9~f ~ f..1Dp~~~~r' , • ~ MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 6 The Motion was made by Myers and seconded by Yerrington to approve the preliminary and final plat without variance for Field of Dreams Subdivision. Motion Carried: All Yea: The Motion was made by Myers and seconded by Giesler to have the attorney prepare Findings of Fact and Conclusions of Law on Field of Dreams Subdivision Variance. Motion Carried: All Yea: I-TEM It!tt Crooksto in parag he used i nt e>ljt. changed th Ylotion Carriedt; RI3 ITEM #5: REQUEST BY DUNCAN GRRNDIN TO PLACE MRNUFACTURED HOUSE AT 318 E. PINE: Kingsford: Duncan could you come up please. Grandin: Contractor hasn't showed up yet and would like to be delayed on the agenda. ITEM #6: REQUEST BY ROD'S CONSTRUCTION TO RELOCRTE TEMPORARY OFFICE IN GLENNFIELD MRNOR #8: The Motion was made by Myers and seconded by Giesler to approve relocation of office for 1 year. Motion Carried: All Yea: ITEM #7: GEORGE WRGNER~ JUB ENGINEERS: UPDATE ON SEWER FACILITY PLRN: Not prepared will come back to this item. MERIDIAN CITY COUNCIL DECEMBER 17, 1991 PAGE 7 ITEM #8: WAYNE FORREY: UPDATE ON DOWNTOWN LID #90-1: Kingsford: Mr. Forrey is not present tonight. ITEM #9: AMENDED RESOLUTION #141: Atty. Crookston: Explained the Amendment. (See tape) The Motion was ^ade by Myers and seconded by Tolsma to approve of Amended Resolution #141. Motion Carried: All Yea: ITEM #10: AMENDED ORDINANCE #561: Kingsford: RN ORDINANCE OF THE CITV OF MERIDIAN PROVIDING FOR AUTHORIZATION TO RPPLY FOR A GRRNT OF AUTHORITY TO ESTABLISH RND MRINTRIN A FOREIGN TRRDE ZONE; FOR AUTHORIZATION TO ESTABLISH SUCH A ZONE UPON BEING GRANTED A FOREIGN TRRDE ZONE; FOR THE RCTIVATION OF THE FOREIGN TRADE ZONE ONLY UPON FURTHER RESOLUTION OF THE CITY COUNCIL; REQUIRING THAT ANY FOREIGN TRADE ZONE ESTRBLISHED BE OPERATED RCCORDING TO APPLICABLE LAWS, RULES AND REGULATIONS; THAT IF R FOREIGN TRRDE ZONE IS GRANTED TO THE CITY, AUTHORIZATION TO OPERATE THE FOREIGN TRADE ZONE ITSELF OR TO ASSIGN RND DELEGATE THE DUTIES RND RESPONSIBILITIES TO AN OPERATOR OF THE ZONE; THAT IF A FOREIGN TRRDE ZONE IS GRANTED TO THE CITY, THAT THE CITY AND ANY OPERATOR OF THE 20NE MAINTAIN SAID FOREIGN TRADE ZONE AS REQUIRED BY LAWS, RULES AND REGULATIONS APPLICABLE THERETO; REQUIRING THAT THE CITY, IF IT IS GRANTED A GENERAL PURPOSE TRADE ZONE, WILL EXERCISE ITS RESPONSIBILITIES RS GRANTEE AS REQUIRED HY LAWS, RULES, REGULATIONS PERTRINING THERETO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Amended Ordinance #561 read in its entirety? No Response. The Motion was ^ade by Myers and seconded by Tolsma that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Amended Ordinance #561 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea: Motion Carried: All Yea: ITEM #I1R: FOREIGN TRADE ZONE AGREEMENT: Atty. Crookston: Explained agreement. (See tape) PS Form 3877, Oct. 1988 FOR REGISTERED, uri'm U A W N~ m n~ <~ In n• ~ o ~m mZ n3 mQ am a o O ~~ mw RED, C.O.D.. 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