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HomeMy WebLinkAboutNorris Park Subdivision ApplicationRE• ST FOR SUBDIVISION APPR~AL ~~~~ ~~° PRELIMINARY PLAT AND/OR FINAL PLAT ~"~~~~~ ~~ ~ PLANNING AND ZONING COMMISSION ~ n 9 , E-,~-. ,~;~F TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION Name of Annexation and Subdivision, _Norris Park 2. General Location, East off S. East First Street between Meridian Speedway and Central Valley Coroorate Park #1. 3. Owners of record, William A. Hon. William E. Norris & Roland L. Hon Address,_3010 W. State St.. Boise. Idaho , Zip_83703 Telephone _343-7514 4. Applicant,_William A. Hon Address 3010 W. State St., Boise, Idaho 83703 5. Engineer, Briggs Engineering,__Inc.. 1111 S. Orchard St., Boise, Idaho Zip 83705 Telepone 345-2881 6. Name and address to receive City billings: Name William A. Hon Address_3010 W. State St.. Boise, Idaho 83703 Telephone_343-7514 PRELIMINARY PLAT CHECKLIST: Subdivision Features Acres 4.43 2. Number of lots 6 (Lot 3 Block 2 is non-buildable lot) 921011 (1) • 3. Lots per acre .74 4. Density per acre - N/A 5. Zoning Classification(s) C-G 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain commercial development 10. Are there proposed dedications of common areas? No Explain For future parks?_No Explain 11. What school(s) service the area Meridian , do you propose any agreements for future school sites No .Explain 12. Other proposed amenities to the City N//A Water Supply Meridian Fire Department Meridian Other ,Explain 13. Type of Building (Residential, Commercial, Industrial or combination) Commercial 14. Type of Dwelling(s) Single Family,Duplexes, Multiplexes, other N/A 15. Proposed Development features: a. Minimum square footage of lot(s), 22.609 ft (Lot 2. Block 2) b. Minimum square footage of structure(s), NIA c. Are garages provided for, NIA square footage N/A d. Are other coverings provided for N/A e Landscaping has been provided for No .Describe, 921011 (2) f. Trees will be provided for No .trees will be maintained g. Sprinkler systems are provided for No h. Are there multiple units No ,Type Remarks Are there special set back requirements No Explain - j. Has off street parking been provided for Yes Explain k. Value range of property N/A I. Type of financing for development N/A m. Protective covenants were submitted Yes .Date 12-6-93 16. Does the proposal land lock other property No , Does it create Enclaves No STATEMENTS OF COMPLIANCE: /1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. ~/2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. ~/3. Development will connect to City services. ~4. Development will comply with City Ordinances. /5. Preliminary Plat will include all appropriate easements. r/6. Street names must not conflict with City grid system. 921011 (3) HUB OF TREASURE VALLE~ A Good Place to Live OFFICIALS couNCILMEN WAYNES.FORREY,AICP,CItyClerk CITY OF MERIDIAN A R JANICE GASS, Treasurer ROBERTGI SLER BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBt.RTD.CORRIE JOHN SHAWCROFT, Waste Water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning a Planning KENNY BOWERS. Fire Chief BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., Clty Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian , may we have your answer by: ~ 1 q ~ TRANSMITTAL DATE ~ ~~_~~~3 ~ \ JJ " B Y : l.e~ . ~~ 7![ <;~.. LOCATION OF PROPERTY OR FIR'OJECT: ~t*ARING DATE : 1 2 ' ~ ' ' ~ 3 .Fnw ~..~~ I-_1 } 0 JIM JOHNSON P/Z 1•, i4E~~AN SCi~OL~~~STRICT Ns MOE ALIDJANI,P/Z ~~IERID~AN POST OFFICE (PRELIM AND FINAL PLATS) JIM SHEARER, P/Z ADA CtStlNTY HIGHWAI~ DLSTRICT CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR rv RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER ?: ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ..,, NANPA MERIDIAN IR1T'c~DI,STRI~CT SETTLERS ~IBR~GATIO,HxDISTRICT I'DRNO POWER-C4,;,-(~pRELIM AND FINAL PLATS) " ~~~:5 .~-61E5T (PRELIM ANO FINAL PLATS 1 INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAHATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS: a SUBDIVISION EVALUATION SHEET C9T~ ®~ ~~~~~~ Proposed Development Name MORRIS PARR City MERIDIAN Date Reviewed 12f09J93 Preliminary Stage Final R7 Engineer/Developer Johnson EnQr./Peterson ~ Capital Development The following SIIBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~ ~ /(,r t~ _ z ~2~.• i7 late ~ ~~/~ They8treet name comments liste below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as• "SOUTH EAST FIRST STREET" "EAST {~TATERTOWER LANE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME C02QiITTEE, Ada County Engineer John Priester ~~ ~- Ada Planning Assoc. Terri Raynor f~~!i Heridian Fire District Represents NATIVES OR DESIGNEES 2 Date / ~ ~J Date ~ ^ =~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed Ill! Sub Index ~ Street Index NIIHBERING OF LOTS AND BLOCKS ok ~J OFFICIALS WAYNE S. FORREY, AICP, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON. JR.. Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GOROON. Police Chief GARY SMITH, P.E., City Engineer ~IUB OF TREASURE VALI~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887813 GRANT P. KINGSFORD Mayor ~~C~~~~~ COUNCILMEN RONALD R. TOLSMA ROBERTGIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Plannt JIM JOHNSON Centennial Coordinator PATSY FEDRIZZ! TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian , may we have your answer by: S 1 q.~ LOCATION OF PROPERTY JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/I GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY 6ARY SMITH, P,E. ENGINEER WAYNE FORREY, AICP, PLANNER 'IIL I\aV afll\ ! V,f\ v1 . 4VV \~ 1\\,V ~~~ f111V ~ a11.1 ~. r 4. f11 V J ADA CbUNTY HIGHWAY DISTRICT ADA PLANNING~ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR:,~DLSTRICT SETTLERS IRRIGATION`DISTRICT IDAHO POWER COy.-(PRELIM AND FINAL PLA15) ... U ~5:.,-WEST (PRELIM AND FINAL PLATS ) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER YOUR CONCISE REHARKS: i • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HON NORRIS PARR DECLARANTS, the owners of that certain parcel of real property located in Ada County, Idaho, more particularly described on the legal description attached hereto as EXHIBIT A: HEREBY DECLARE AND ADOPT the following COVENANTS, CONDITIONS AND RESTRICTIONS which shall apply to and run with the property described on EXHIBIT A (referred to herein as "HON NORRIS PARK" or simply "Park" or "Property"). ARTICLE 1 Covenants Running with The Land 1.1 This Declaration establishes, for the mutual benefit of Declarants and future owners of the property or of any Lot therein, protective covenants, conditions, restrictions, encumbrances, charges and liens (collectively referred to herein as the "Restrictions") that are binding upon the Property. These are expressly and exclusively for the use and benefit of the Property and of each Lot and of each and every person or entity who now or in the future is an owner of the property or of any Lot therein. 1.2 The term "Owner" means and refers to Declarants, as present owners, and to each and all persons who hereafter acquire title to any Lot, or become entitled to purchase any lot, or at any time hereafter have a possessory interest in any lot as tenants or otherwise, and their respective heirs, successors and assigns. The term "Declarants" include related parties, entities or successor entities of Declarants. 1.3 These Restrictions shall run with the land. Nothing herein shall be construed to cause this Declaration to apply to or bind any other property of Declarants not specifically described on EXHIBIT A. However, these Restrictions are intended to benefit other property of Declarants in proximity to the subject property, which other property may not be bound by these Restrictions. ARTICLE 2 Equitable Servitudes 2.1 Declarants intend to subdivide and sell, exchange or lease Lots therein for various business, commercial, office, HON NORRIS PARR RESTRICTIVE COVENANTS - 1 • multi-family residential and light industrial uses; and desire to subject the Property to the Restrictions in order to implement a uniform, general and common plan designed to preserve the value and high quality of the Property for the benefit of the Declarants and other owners of the Property. 2.2 The Property is subjected to these Restrictions to insure the appropriate development, improvement and maintenance of each Lot; to protect the Declarants and Owners of Lots against improper use which could depreciate lot values; to preserve the natural beauty of the Property; to provide a means of preventing the erection of improperly designed or constructed structures; and, in general, to provide for a high quality of improvement on the Property, and thereby to enhance the value of investments made by Declarants and Owners of Lots on the Property and on adjacent properties. ARTICLE 3 Incorporation of Additional Areas 3.1 Declarants shall have the right, at their sole discretion, to designate additional lands to be made subject to the provisions hereof, or to provisions substantially similar hereto, by the recording of a designation referring to this Declaration and by setting forth therein in what respects, if any, the restrictions covering the additional designated lands differ from these Restrictions. ARTICLE 4 The Property Subject To This Declaration 4.1 The Property and each Lot shall be held, and shall be conveyed, transferred, sold, hypothecated, encumbered, leased, rented or used, subject to these Restrictions. Any instrument executed in connection with any such transaction must include a reference to this Declaration. Any such transaction may be referred to herein as a "transfer". 4.2 The acceptance by any person or entity of a deed, lease or other instrument of transfer of property subject to these Restrictions, or which is in the chain of title to such property, including judicial foreclosures, trustee's sales and tax deed sales, shall be deemed an acceptance of these Restrictions. The burden and obligation to comply with or perform in accordance with these Restrictions shall be part of the consideration for the transfer of any Lot pursuant to such deed or other instrument of transfer; and, the acceptance of any instrument of transfer shall be deemed an agreement by the transferee that Declarants, or any other Lot owner(s), shall be entitled to enforce all of these Restrictions. HON NORRIS PARR RESTRICTIVE COVENANTS - 2 i ~ ARTICLE 5 Architectural Committee 5.1 Declarants hereby establish an architectural committee ("Cs~mmittee") to perform the duties specified for it herein. The initial Committee shall be composed of the following: William A. Hon, Declarant Roland L. Hon, Declarant William E. Norris, Declarant Williaan Briggs, P.E. Engineer A resigning or retiring committee member may be replaced by a majority vote of the remaining committee members. Any three (3) members shall constitute a quorum, and the siga~atures of any three (3) members shall constitute consent and approval by the Committee. The address of said Architectural Committee shall be: PEON NORRIS PARK Architectural Committee c/o William A. Hon Post Office Box 828 ~a~~ISE ID 83701 When De~yla~'~nts no longer own any portion of the Property (or additional adjacent property to which these Restrictions have been applied), they may designate a new or successor Architectural Committee, the membership of which shall consist of not fewer than three (3) Lot Owners and one or more professional architects or engineers. Any member(s) of such new or successor committee may be removed and replaced by the vote of not less that: a majority of all Lot Owners, which majority must be in fee ownership of not less than fifty-one percent (510) of all lots then included in the property subject to these Restrictions. No Committee member shall be personally liable for any good faith action or inaction taken or not taken pursuant to these Restrictions. ARTICLE 6 Plans and Approvals 6.1 Design Standards: All buildings, improvements and landscaping of any kind shall conform to the HON NORRIS PARR DESIGN STANDARDS ("Design Standards") as may be adopted from time to time and which are on file with the Architectural HON NORRIS PARR RESTRICTIVE COVENANTS - 3 • • Committee, and which are incorporated herein as if set forth in full. 6.2 No structure, improvement or landscaping (herein referred to collectively as "Improvements") on any Lot shall be constructed, nor alteration to the exterior of a structure or improvements or landscaping be made, unless preliminary and final architectural drawings, plans and specifications therefor, showing adequately each exterior element thereof, including without limitation color scheme, design, elevations, location on Lot, grading and drainage, excavation, fill, landscaping, signs, parking, loading, storage and refuse areas, walls, lighting, irrigation, utilities (herein collectively referred to as "Plans") shall first be submitted to and approved in writing by the Committee. The Plans shall also detail to the satisfaction of the Committee the traffic, noise and odors that can reasonably be anticipated from the Improvements to be constructed. 6.3 Approval shall be based among other things on adequacy of site dimensions; conformity and harmony of external design with neighboring structures and uses; effect of location and use of Improvements on neighboring sites, operations, improvements and uses as well as compatibility with surrounding development and conformance with the adopted design standards. 6.4 Prior to submission to governmental authorities, the Lot owner shall submit three sets of preliminary Plans, in such form as may reasonably be required by the Committee for approval. Within thirty (30) days after receipt thereof, the Committee may either (1) approve the Plans or (2) reject the Plans, stating the reasons for the rejection and, where appropriate, the changes, modifications or corrections which the Committee requires as conditions for approval. 6.5 Following approval of the preliminary Plans, the Lot Owner shall cause final Plans to be prepared and shall submit them to the Committee for approval. The final Plans shall be defined as all documents required to be submitted to the relevant governmental agencies precedent to the issuance of a building permit. 6.6 In the event the Committee fails to approve or disapprove the Plans within thirty (30) days after receipt thereof, such approval will not be required so long as the Plans are in conformance with the Design Standards. 6.7 The Committee may disapprove any and all Plans submitted on any reasonable ground, including the following: (a) Failure to comply with any of provision of these Restrictions including the "Design Standards"; HON NORRIS PARR RESTRICTIVE COVENANTS - 4 (b) Failure to include information requested by the Committee in the Plans; (c) Incompatibility of exterior design or material with any other structure previously approved by the Committee; (d) Inadequacy of the number of on-site parking spaces or objection to the design and location of the parking area or spaces, loading docks, storage and refuse areas, walls fencing, irrigation, lighting, utility placement, landscaping, signing or grading; (e) Objection to the color scheme, finish, style of architecture, height, bulk, or appropriateness of a proposed improvement relative to nearby improvements, whether existing or proposed, approved by the Committee; (f) Objection to the landscaping plan as not conforming to other uses or approved plans; (g) Any other matter which, in the judgment of the Committee, would render the proposed improvement or use discordant with other improvements on the Property, either then existing or planned, previously approved by the Committee. 6.8 In the event an Owner does not commence construction within three (3) years after approval of Plans, said approval shall terminate; and such Owner shall not thereafter engage in any construction on the Property without first resubmitting Plans and securing the approval of the Committee. After construction has commenced, it shall be diligently pursued; and, in any event, it shall be completed within one (1) year from the date it is commenced. 6.9 Responsibility for compliance with any and all applicable laws, ordinances, codes, or governmental regulations or rules shall remain the sole responsibility of the Owner concerned. No approval granted hereunder shall be construed to impose on the Declarants or the Committee responsibility for the failure of an Owner, or of an Improvement, or of the Plans therefor, to comply with said laws, ordinances, codes or regulations. Neither the Declarants nor the Committee shall be responsible for defects or inadequacies of any kind or nature in the Plans, or in structures or improvements erected; and no approval by the Committee hereunder shall constitute a finding that such Plans, structure or improvement meet the requirements of applicable law, or are adequate, or are free from defects. Failure to comply with this Article 6, or any section hereof, shall constitute a breach of these Restrictions, and shall subject the defaulting Owner(s) to all enforcement procedures hereof in addition to remedies provided by law. HON NORRIS PARR RESTRICTIVE COVENANTS - 5 • ARTICLE 7 Regulation of Uses 7.1 Permitted Uses: Lots may be used for the following uses, if in conformity with Meridian City Zoning ordinances and building codes, and local, state and federal standards: Motel; Restaurant; Retail and Service-Commercial (including motor fuel retail service on designated lots); Financial; Athletic and Health Club Facilities; Office; Multi-Family Residential (on Lots in Block 2 only); Industrial; Research and Development; Warehouse and Distribution; Manufacturing; with such auxiliary uses within buildings on each Lot as may be necessary for the conduct of the primary use thereof, and for no other purpose (except that Declarants may further limit the uses permitted on designated portions of the Property). 7.2 Prohibited Uses: No toxic or hazardous substances or materials as regulated or defined by city, state or federal laws, ordinances or regulations shall be stored or disposed of on the Property or any Lot. No noxious or offensive trade, business or activity shall be conducted upon any Lot, or within the boundaries of the Property; Nor shall anything be done within the Property which would adversely affect the property values of other lots. Provided, however, that fuel or manufacturing materials to be actually used in a product or process which is itself permitted by these Restrictions may be stored or used (in quantities not to exceed four weeks' consumption or use) on a Lot, so long as the facilities therefor comply with all local, state and federal requirements relating to such storage or use. Provided, further, that on a Lot designated for "Motor Fuel Retail Sales and Service", motor fuels and related petroleum products may be stored and sold at retail, so long as the facilities therefor comply with these Restrictions and all local, state and federal requirements relating to such storage, use and sales. There shall be no discharge or emission of offensive odors, gases, steam, smoke, noise or light from any lot. No chemicals or noxious effluent shall be discharged into the storm or sanitary sewerage systems in violation of local, state or federal requirements. HON NORRIS PARR RESTRICTIVE COVENANTS - 6 • ARTICLE 8 Maintenance and Repair; Storm Drainage 8.1 No garbage, rubbish, trash or cuttings shall be deposited or left on any Lot unless placed in approved containers, suitably located and screened to avoid unsightly appearance. No building or landscaping materials shall be placed or stored on any Lot until the Owner begins construction of the improvement requiring such materials. 8.2 Dry grasses, weeds, vegetation, leaves, dead trees, shrubs, vines or ground covers, which are unsightly or likely to constitute a fire or safety hazard, shall be promptly removed from each Lot by the Owner thereof. The owner of any lot which abuts a canal or drain ditch shall also remove such unsightly or hazardous vegetation from such canal or ditch bank. 8.3 Landscaping, driveways and other outdoor areas on each Lot shall be maintained in a neat and orderly condition, with all plants and landscaping being regularly watered, trimmed, pruned and tended, free of weeds and debris. After construction of Improvements on a lot, it is required that all areas, not covered by structures, paved or otherwise improved, must be landscaped in conformance with the Design Standards. Also, each Owner shall be required to landscape that portion of his lot abutting, and the unpaved area lying within, a road right-of-way in conformance with the requirements of the Ada County Highway District and the Design Standards; and thereafter to maintain all such landscaping at the Lot Owner's sole expense. 8.4 The exterior of all structures shall be maintained in good and orderly condition and repair, including regular painting, window washing and replacement of broken or unsightly window panes and other exterior elements. 8.5 No trailer, mobile building, shed of other out- building may be erected or located on any Lot, except such temporary trailer, building or shed approved in advance by the Committee, for an on-site office for the Lot owner or his builder, or for the storage of building materials, and then only during the reasonable period of construction of the permanent structure. All construction and improvement work on a Lot shall be scheduled and performed so as not interfere with the use and enjoyment of other Lots by their Owners. 8.6 Auxiliary structures, antennas, cables or other mechanisms related to communications, electrical and mechanical apparatus, equipment, fixtures, conduits, ducts, vents, flues and pipes mounted or placed on roof surfaces, or extending above or beyond the roof line of any building, shall be concealed from view in an architecturally treated manner shown on the plans submitted to the Committee for its approval prior to placement. HON NORRIS PARR RESTRICTIVE COVENANTS - 7 i • 8.7 All on-site electrical, telephone and other utility lines shall be underground; and shall not be exposed on the exterior of any structure, except with the Committee's written consent. 8.8 Drainage: Each lot owner shall restrict peak storm drainage into surrounding canals or ditches, or as permitted by Nampa & Meridian Irrigation District; and shall provide sand and oil traps for cleaning and filtering water which does drain into nearby canals or ditches. All drainage and detention systems and facilities, including sand and oil traps, shall first be approved in writing by the Nampa & Meridian Irrigation District prior to installation, and prior to any improvement work by the lot owner. Each lot owner shall be responsible for the maintenance of all such systems required for storm drainage of such owner's lot. In the event a lot owner fails to properly construct or maintain all systems necessary and adequate for the proper drainage of the lot, then Declarants or the Committee shall have the right (but not the obligation) to have such construction or maintenance done; and the lot owner shall be solely obligated for the costs thereof, and shall promptly reimburse Declarants for costs incurred by Declarants or the Committee therefor. ARTICLE 9 Parking, Loading, Storage; Setbacks 9.1 Parking: For each building constructed, the lot owner shall provide parking areas on the lot, laid out and improved in accordance with the plans approved as specified herein, and maintained thereafter in good, orderly and clean condition. Such parking areas shall be improved and paved with all-weather, dust free surfaces, and shall be clearly marked to provide the number of parking spaces, including those reserved for persons with disabilities, adequate to accommodate all foreseeable use requirements of the lot owner and business visitors. No off- site parking shall be permitted. 9.2 Loading: All loading and unloading of vehicles shall be conducted within the lot boundaries. Sufficient loading spaces shall be provided on the lot to serve all buildings and permitted uses on the lot; and such spaces shall be designed and located as to serve the longest vehicles anticipated to load and unload on the lot without extending beyond the lot boundaries. Loading docks shall be set back and landscaped to minimize their exposure from the street. The plans for loading areas and docks shall be included with the building and improvement plans requiring the written approval of the Committee prior to commencement of construction. 9.3 Storage: No materials, supplies or equipment, HON NORRIS PARR RESTRICTIVE COVENANTS - 8 i • including business owned vehicles not in °active use, shall be stored on a lot, except inside a closed building, or behind a Committee-approved visual barrier screening the storage area from the street and from view of adjoining properties, which barrier shall be at least six (6) feet in height. Storage areas shall be located at the rear of the lot, unless specifically exempted by the Committee. 9.4 Setbacks and Other Requirements: All setbacks, landscaping, off-street parking, loading, unloading and storage areas and facilities shall conform to the Design Standards and Meridian City Ordinances. ARTICLE 10 Signs 10.1 No sign of any kind visible from the exterior of the premises (except real estate "for sale" or "for lease" signs not exceeding 8.01 square feet in area) shall be placed or permitted to remain on any Lot or other place on the Property, unless such sign shall have the prior written approval of the Committee. The Committee, as conditions for said approval, may limit the size, content, color, design and duration of existence of any sign. 10.2 All signs shall comply with the Design Standards and Meridian City Ordinances. ARTICLE 11 Enforcement; Defaults; Liens 11.1 Right to Enforce: Declarants, the Committee, the City of Meridian, or any Lot Owner or group of Lot Owners, shall have the right (but not the duty) to enforce each and every covenant, condition and restriction hereof; and shall have all rights and remedies in law or in equity against a Lot Owner in violation or default, and in rem against said owner's lot, for the judicial enforcement thereof, and for damages, costs, expense and attorney fees incurred by the violation, breach or default thereof, or in efforts to cure, correct or mitigate loss or damage in anyway resulting from such violation or default. 11.2 Nuisance and Abatement: The result of every act or omission whereby any Restriction is violated in whole or in part is hereby declared to be a nuisance; and every remedy allowed by law or equity against an Owner, either public or private, shall be applicable against every such result, and may be exercised by Declarants or the Committee, or by an affected Lot Owner as provided above. 11.3 Attorney Fees: Should any action or suit be commenced for the enforcement of the provisions hereof, or for HON NORRIS PARR RESTRICTIVE COVENANTS - 9 damages for the breach thereof, the prevailing party shall be entitled to costs of suit and reasonable attorney fees. 11.4 Non-Waiver: A failure of Declarants or the Committee to undertake enforcement of a Restriction, or to pursue a remedy for a breach of a Restriction, shall not constitute a waiver thereof, unless an express waiver thereof is in writing and signed by no fewer than two Declarants or two members of the Committee. An express waiver granted as to a particular breach shall not constitute a continuing waiver of subsequent breaches, though similar in nature; nor shall any express waiver as to one lot or parcel be deemed a waiver as to any other lot or parcel. 11.5 Right of Entry; Injunction: Declarants and the Committee shall have the power and right to enter upon any Lot and the improvements thereon without liability to any Owner, or tenant, for the purpose of enforcing any of the provisions of these Restrictions. Declarants and the Committee, and each of them, on their own behalf or on behalf of any Owner or Owners, shall also have the power and authority to commence and maintain actions or suits to restrain and enjoin breaches of these restrictions, or to compel compliance herewith. ARTICLE 12 Duration and Amendment 12.1 Duration: These Restrictions shall run with the land and shall remain in effect until April 30, 2025; and shall automatically renew for successive periods of twenty years unless the Lot Owners of at least seventy-five percent (750) of the Lots elect to terminate them by recordable instrument(s) of termination filed of record in Ada County, Idaho. 12.2 Amendment: These Restrictions may be amended at any time by written instrument signed and acknowledged by the Lot Owners of no fewer than seventy-five percent (75%) of the Lots; and any such amendment shall not be effective prior to the date it is filed of record in Ada County, Idaho. ARTICLE 13 Covenant Against Partition 13.1 All Lot Owners, and each purchaser of any interest in a Lot, shall be deemed to have consented to these Restrictions and to have covenanted to and with Declarants and all other Lot Owners that there shall be no subdivision or partition of a Lot, and that no parcel or portion of a Lot less than the whole land area thereof shall be sold, conveyed or encumbered. There shall be no right of judicial partition of any Lot. HON NORRIS PARR RESTRICTIVE COVENANTS - 10 ARTICLE 14 Construction and Invalidity 14.1 If any provision hereof be adjudged by a court of competent jurisdiction to be invalid, or void as against public policy, all other conditions, covenants and restrictions hereof shall remain in force and effect. ARTICLE 15 Obligation and Benefit 15.1 These Restrictions shall bind and benefit the Declarants, the Architectural Committee. the Lot Owners, and the purchasers, lien holders and encumbrancers of any interest in the Property or in any Lot, and their respective successors, purchasers and assigns; but shall not benefit any other person, firm or corporation; nor shall be construed to be a third-party beneficiary contract. IN WITNESS WHEREOF, Declarants have subscribed these Restrictions as of the date set forth below. Dated: ~VL.~' Z-~ , 1993. Declarants: STATE OF IDAHO ~~~ ~ y~ William E. Norris ~ ss. County of Ada ) On this date, ~-~ , 1993, before me a Notary Public in and for said State personally appeared William A. Hon, Roland L. Hon and William E. Norris, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. Notary Public for Idaho, Residing at,~~ , Idaho. Commission expires: ~~/~/y~ HON NORRIS PARR RESTRICTIVE COVENANTS - 11 il~ATE: 21 i 1 ~1q3 MERIDIAN ~IT~OUNCIL __ AGENDA ITEM NUMBER APPLICANT: AGENCY COMMENTS: 1` ~t MERIDIAN POLICE - MERIDIAN F IRE DEPT. - ~~ MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATION - SETTLERS IRRIGATIDN - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - .boa ~to~c,~.,~ 1 OTHER COMMENTS: HUB OF TREASURE VALLE• A Good Place to Live OFFICIALS WAYNE S:FORREY,AICP,CityCierk JANICE LASS Treasurer CITY OF MERIDIAN COUNCILMEN A R . RO ERTGIESLEA BRUCE D. STUART, Water Works Supt. WAYNE G. CAOOKSTON, JR.. Attorney 33 EAST IDAHO MAX YEARINGTON JOHN SHAWCROFr, wa8ta water supt. MERIDIAN IDAHO 83642 AOBEA7 D. CORRIE KENNY BOWERS, Fire Chiat ~ Chairman Zoning b Planni BILL GbRDON. Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., Clty Engineer FAX (208) 887813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Me1-idian , may we have your answer by: S 1 9'3 TRANSMITTAL DATF_ : ~ 2 ` ~' 9 3 -.".~- -.'~!E"ARING DATE = ~ 2 ' 2 ~ ~ 93 REQUEST : ~~ ~ ~ ~ ''~~'~/ll/.~ f"~ ~~ , _::. LOCATION OF PROPERTY OR ~j JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/I CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C!C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, PATER DEPT. JOHN SHAWCROFT, SEWER OEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P,E. ENGINEER WAYNE FORREY, AICP, PLANNER RROJECT : 1~~ . ^4 ~' -~ $~~ §'~ ME~iI)TAN SCUilOL DISTRICT 'rv~MERIDTAN POST OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT ... L~ ,.~,~.;~ :. ADA PLANNING ASSOCIATION CENTRAL DISTRICT lifA1.TH NAMPA MERIDIAN IRR::.DISTRICT SETTLERS IRRIGATION°DISTRICT IDAMO POWER.CO;,-(PRELIM AND FINAL PLATS) " "US~WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLAiS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES , OTHER: ~~'- ` ~~ ° ~ ~~ YOUR C~ONC/ISE REMARK • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS CltyClerk JAINICEGASSET u CITY OF MERIDIAN COUNCILMEN A reas re ROBERTGIESLER BRUCE D. STUART, water Works supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE JOHN SHAWCROFT, waste water supt. MERIDIAN IDAHO 83642 KENNY BOWERS, Fire Chief , Chelrman Zonin g & Planning BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MEMORANDUM TO; MAYOR & COUNCIL FROM; Gary D. Smith, December 1b, 1993 PE u~w~ RE: NORRiS PARR SUBDIVISION N0.1 I have reviewed this submittal and offer the following comments for your information and or s~°~°;,;+ ,~. ,u,,,m, ~,,,on for conditions of the applicant during the h~,a ;i~ ce' ~ ~"` ~n, ~.,~„ry 1. This ,;,, , J k °;' -~,~ plat is ~,,1~~ pl>~~~,ion of a prep ' " ir9~ y plat previously approved by the Ci,~7~'' („~uncil on December 1~ "9h`1~,. At that time it was named I-84 if~~s Park. It is in g~ ~,,~,, compliance with ~irllfdfil/N/l1)1 / 1/~ N~ ~ f 1 N ~r this portion of a a"~pr~ve~in~x~i~>'~~i~"f'a"~~':'°~,,. '~xn'-,,. 2 . Approval of 7 he prey, mi: developer work if ~.~,--i>>~he into the south; l~e~ai location of the%, ~ of line to take place a °, this ~ '` .,~ ~' rY~~Pl' ~~>>~ , , j llllll~i~ ~ , i~,' lu~ d a cc}dition that the t ~~ ~ ~ ~ ~~~ ~~ second access n ~,~~' ~~, ears, with the ~. ~ ~ , this lscussion needs % ~ // . . ,, ''3 nrimnmrmmii! ~,n,roa~m~amp,„nmmnAUdl~~ '~~omr, pl .~Gi111, 3 Sheet No 1: '~, ~--,,,, ° "'° ~ ,,,,,,,~,,,n,,,~,,,~m ' '"', , a. What is ~''~ie 1 .3 foot wide easement f~' along the north side of Lot 4~,~,,loc~~~ 2? ~,,,»„~„~~~~ ~p;~i~ ,,, ,, b. Show the ed,~ ~n of ine dimens~,pn ~,~,~,,,~~~'(~t 4-Block 2. c . The first wok-,,,,,,,,,,in ~ ~e 1 ~~ shoi~,~i be,,,,r~~ach . " d. Add Note No. b- °°•~~; ~~ lot,~~wner~~u-~:~~~~~,~~sponsible for the maintenance of any ir~~' % ~ ~,- '"n ~,dr ~"~ge pipe crossing said lot unless so assumed by an irr3"t~"~"lion/drainage authority. e. Add Note No.7- The bottom elevation of building footings shall be set a minimum of 12 inches above the highest known seasonal groundwater elevation. f. Label the "Initial Point." g. Show the easement line symbol in the legend. h. Show CP&F numbers for land monuments. i. The land surveyor needs to apply his stamp/sign/date. j. The subdivision name needs to be approved by Ada County. 4. Sheet No.2: a. Certificate of Owners- (legal) Line 5- Courses is misspelled. Line 10- Recorded Plat of CVCP No.i is 538.27 feet. Line i9- Curve to the "right." • Line 25- Should be "North" bearing. Line 28- Plat shows a "West" bearing. Which is right? Do the ownership signatures include the Dairy Queen business? Complete the attestation for Mr. Morris. CENTRAL •• DISTRICT 'HEALTH DEPARTMENT Rezone # REVIEW SHEET ~~~~°~& ~ ~`~ Environmental Health Division DEC 1 5 1993 Conditional Prelimina 1 final Short Plat __~®~%~,S ~~e~'~ ~~~~ j~0, f/~~ Return to: ^ Boise ^ Eagle ^ Garden city ~("leridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type.of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ® 7. After written approval from appropriate entities are submitted, we can approve this proposal for. '~. central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare , Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines (~-central water '~- 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I . If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 13. Date: tf.`~/~6 ~ ~.~ Reviewed By: CDND 10/91 rcb, nrv. I I/93 jll ,PO A wC~~n''~ -~~; ~- '`~9-"e~~r.~a~- ,~~, 0 BUILDING DIVISION -Phone: • • ADA COUNTY DEVELOPMENT SERVICES 650 Main, Boise, Idaho 83702 ~- 364-2277 PI ANNING JL 7nnun~i. ~, October 13, 1993 Ms. Becky Bowcutt Briggs Engineering, Inc. 1111 S. Orchard Suite 600 Boise, Idaho 83705 ~.~~r-r~ ;t~r:1uFER~~aG. INC. ,~~~ ~ a~ :.~, .;~.:,.;,o,F.;c RE: Subdivision Name Review - Hon Norris Park Dear Becky; At your request I have reviewed the name "Hon Norris". The word "Hon" is a duplication and cannot be used in making a name. The word "Norris" is not a duplication and is available if you care to use it. The work "Park" is allowed the way you used it. Sincerely, /~~ John E. Priester, P.E.L.S. County Engineer 364-2277 JP/JP HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS WAYNES.FORREY,AICP,CItyClerk JANICE GASS Trea CITY OF MERIDIAN COUNCILMEN R A , surer BRUCE D. STUART, Water Works Supt. ROBERTGESLER WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON JOHN SHAWCROFT, waste water supt. KENNY BO MERIDIAN IDAHO 83642 ROBERT D. CORRIE WERS, Fire Chief , Chairman 2oning 8~ Planning BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRI721 Mayor Memorandum To: Mayor, Council Members, Planning and Zoning Commissi s. From: Wayne S. Forrey, AICP -Planning Director Date: 17 DEC. 1993 Regarding: Norris Park Subdivisioli -Final Plat This Final Plat complies ~itl?I the Comprehensive Plan arld the ar~girtal cpncept of the Hon Commercial Development plaai anal 7_,oning Request. The applicant is' adjusting the large parcel to meet the beds of small business that want to purchase and improve smaller commercial lots. This project specifically supports the Land Use and Economic Development policies in the Comprehensive Plan. This Final Plat complies with the minimum reduirements of the Meridian Zoning and Development Ordinance for comrrl~~cial.lots. -- d . ~,• . ,. Meridian City Council December 21, 1993 Page 11 Forrey: They do not, this would be our first opportunity to start using the Nine Mile Creek and we haven't because of the Bureau of Reclamation have been withholding their approval until a month and a half ago and then they said use it. Kingsford: But this one would be one that could be a stand alone use to access through there and I think it would be a good thing to have. Giesler: I guess I ask that, that could be more than likely resolved don't you think Becky? If it is agreeable to your client. Bowcut: I think so. Giesler: I think that I would like to put that condition on there that it be resolved. Bowcut: Yes, normally that is handled with an easement it is not a problem to add that to the plat and I would be glad to (inaudible) Kingsford: It certainly needs to be a non-fencable easement, that could obstruct my traffic. Is there a motion? Tolsma: Mr. Mayor I would move we approve the final plat of Vineyards subdivision No. 5 with the condition that the pathway along the Nine Mile Creek be resolved with the City Ehgineer and City Planner. Giesler: Second Kingsford: Moved by Ron second by Bob Giesler to approve the final plat of the Vineyards Subdivision No. 5 conditioned a satisfactory solution of the access and foot path traffic on Nine Mile Creek, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT: NORRIS PARK SUBDIVISION BY WILLIAM HON AND BRIGGS ENGINEERING: Kingsford: Does Council have any questions on that? Corrie: Mr. Mayor, ~ guess I have one for the Fire Department, the Fire Chief requested that Watertower Drive needs to be built through to Stepford Drive, is that. Kingsford: Becky, are you handling that one too? • ~~ Meridian City Council December 21, 1993 Page 12 Bowcut: Yes, Kingsford: Have you looked at that comment from Chief Bowers on Watertower Drive? Bowcut: No, I didn't see that one.- Okay, so he is just insisting than this be continued on to Stratford versus.culdesacing it there. Yes, because that does exceed the 450 feet. Tolsma: Have you seen Gary Smith's comments, regarding the secondary access into the back of Story Park. Bowcut: Concerning the access to the park, yes that was discussed I think in length when the preliminary plat wa reviewed and Mr. Hon indicated that he would be talking with the city to come up with some type of an access there. And I think Mr. Hon is out of town at this time and has been for quite awhile and I.met with Stan McHutchinson this morning and he told me he would contact Mr. Hon and let him know he needs to get that resolved with the City of Meridian. Tolsma: I think there was, the Speedway was using an access down the right of way of the canal bank. Bowcut: Yes, there is a canal, indicated on the final plat is an easement for Eight Mile Lateral and I think we did discuss trying to work something out to improve that canal bank for access in there. Here is the watertower and here is the Eight Mile Lateral. And I'm showing, it appears to be an 80 foot easement through there so that is shown on the plat. Yes, we will get that resolved and we'll make sure Mr. Hon gets in and discusses that with Mr. Forrey and the City Engineer or either instructs us to go in and take care of it for him. Kingsford: Mr. Smith, can you look at that easement, is that in line with how we are getting into the Speedway track now? Smith: I haven't looked at it Mr. Mayor form using the easement standpoint. Kingsford: Just as Becky was holding that up, it doesn't seem to me like that gets you into that area. Smith: It would be at .the southwest corner of that parcel, that is as close as it would get to. Tolsma: For a park system that is tiled, it comes right straight south there it is just about right on top of it the canal, (inaudible). • f Meridian City Council December 21, 1993 Page 13 Kingsford: It looks like it be alright. Tolsma: (Inaudible) Kingsford: Certainly, you ought to make that a requirement that it does have access to a satisfactory point. Any other questions for Miss Bowcut? Thank you. Is there a motion? Tolsma: Mayor I move we approve the final plat of Norris Park Subdivision subject tot he access to the ,south of the City Park being resolved and the Fire Chief's comments. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the final plat for Norris Park Subdivision conditioned upon the Fire Chief's request on the street be met and access into the park be met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND REZONING FROM RT TO R-40 FOR JERRIE WOLFE AND ASSOCIATES: Kingsford: At this time I will open the public hearing and invite the owner or his representative to begin. Would you state your name, address and be sworn. Jerrie Wolfe, 410 South Orchard, was sworn by the Attorney. Wolfe: I'~m representing Gary Ballew and Dallen Taylor, this is a request for Annexation and a rezone. I don't know where I should start, but I can do a presentation and show you what we are asking for. Can I use the easel, this represents 3.19 acres triangle shape~on Meridian Road and there is a private lane here, Blue Heron Lane, we are proposing a rezone to R-40 and asking for a little bit less than that. Actually it is 66 units on the 3.19 acres which represents 20 per acre. We've got 108 car parks which gives us 1.68 parking ratio 1.68 to 1. I'm going through this as fast as I can. Our landscaping, our building coverage far exceeds any requirement. We've been in contact with the Planning and Zoning as far as providing public access along the right of way, the ditch right of way here. The highway department has a concern on the access alignment with the alignment across the street, we've got no problem there, just a little bit of shifting here and we can do that. It appears do be we don't even need Blue Heron Lane as an access, as long as~we've got our Fire turn around. 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