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HomeMy WebLinkAboutCherry Lane Recreation Inc. CUP 99-009 ~~ ~ S -" HUB OF TREASURE UALLEY ~. ~' Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (zo8> 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: May 7, 1999 TRANSMITTAL DATE: May 6, 1999 HEARING DATE: May 11, 1999 FILE NUMBER: CUP-99-009 REQUEST: SUPPLEMENTAL INFORMATION-CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE ~ PARKING LOT & TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION INC LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BA~tBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELiM &-FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO-POWER CO.(PRELIM &-FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: '~ Meridian° City Council Mme ing ~~ ` "~'~ ~" ~ December 7, 1999 Page 93 all part of a procurement policy which you'll deal with next year is possibly some basic protocols that the City, you might, adopt that would be .protocols for the purchase of property so that when we enter these kinds ofaagreements or'make offers, we just have some automatic boiler plate conditions that go in because this one was prepared by the realtor. It wasn't prepared by me. It's on a standard form offer purchase which was used by realtors and recognized by the State. The only panel that if we don't go through with it is the forFeiture of the $5,000 earnest money which this agreements provides. So it's not percentage concerning the volume of the purchase that huge a problem. So that's why it didn't get overly exercised about fussing with this too much. But I do think should give notice.. that we'd want to do some kind of environmental peek at this. I don't know what the history of that site is. Do you want me to keep going or do you want to deliberate on that one? Corrie: Unless somebody objects to it, I'd say go ahead. {inaudible) Rountree: As far as the Resolution goes? Gigray: I think the Clerk has the Resolution. Rountree: I would move that we adopt Resolution 276 for exclusive buyer and authorize the Mayor to sign and Clerk to attest. Bird: Second. Corrie: Motion made and seconded to approve the Resolution 276, Mayor to sign, Clerk to attest. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS E. ATTORNEY -BILL GIGRAY 2. CHERRY LANE RECREATION Gigray: Mr. Mayor, members of the Counci{, the next'item I want to discuss has to do with the Cherry Lane Recreation issue, and as I believe, to bring you up to speed, you should have in your packets, a letter addressed to each of you from me dated December 3,.1999, and accompanying that should include the letter of response from Edward Ansen who represents Independent Bank who was in response to our letter of November 3`~ outlining the various four conditions that the City would request in order to enter into agreement to provide the bank with notice of default and notice -advance notice before any effective date of a modification of the agreement of lease with Cheny Lane Recreation, Inc. Bank ~i Meridian City Council ee 'ng December 7, 1999 Page 94 wrote back in their letter basically saying, yes, we don't have a problem with your conditions except that we are not willing to guarantee that the funds derived from the loan would go to the construction of improvements upon the real property which is a subject of the conditional use permit. It is also my understanding from communications with the parties that the Cherry Lane Recreation did not have heartburn with any of the requests of the city, but 1 didn't get any further communications from them about proposed agreements to effectuate any of this, and I could see that we might be in a dead center position given the direction that was I thought I was given as a result of the workshop that we -Council workshop, 1 believe it was the last meeting. 1 determined to at least try to fashion an agreement which was an agreement between the bank, the City and Cherry Lane Recreation, Inc., that has some kind of unusual provisions because there's certain portions of the agreement that bind the Cherry Lane and the City and other portions that bind all three. The idea of that was primarily take care of the issue of the bank not being willing to guarantee the use of the funds, but yet through the- agreement, provide a provision where the City can demand accounting of the use of those funds from Cherry Lane Recreation, Inc., that they would have to provide that verification and if we felt they were in default, they'd have 30 days to cure that, and if they didn't cure it, then they'd be in default with the agreement of lease, which I'll guarantee you would draw the attention (inaudible) the bank. Also, it provides that the initial disclosure of the information would be at the bank. The reason for that since this involves the use of financial funds for the construction of this property, it would probably become public records if it were here on site, we would provide in this agreement that that would have to be disclosed through the bank that we would access that information and -then if we declared default, they'd have to -the bank would have to provide us with that information. So if we had to pursue it, we had it available to pursue it. It would -the agreement provides that Cherry Lane would agree that they would use the funds derived from the loan for the letter of credit as well as for the construction of the improvements required as the condition of granting the conditional use permit, and then the other provisions in there that the City would provide the notice that the bank requires (inaudible) Section 4, proposed, and then whereas there's a provision in here in the event - to amend agreement of lease, to provide for insurance coverage. Now, 1 haven't included an amount in that, and this is in Section 6 of this proposed agreement, because that agreement of lease goes for so many years in the future for us to put in a specific amount now may seem fine and good, but it could become antiquated in the future. This is designed to provide the standard by which they're not going to carry less insurance and is going to be required to replace the improvements that are out there, and they can't provide insurance that would be less than what tort claims law provides, but also it has to equal what is characteristically provided by privately managed Ada and Canyon County, the courses of similar size, is to provide some kind of standard to agree as to the amount of insurance coverage because the existing agreement of lease doesn't provide that they provide insurance coverage, and now we have considerable and will have considerable improvements on there that weren't there before. Then there's certain provisions Meridian City Council ling December 7, 1999 Page 95 here with regards to allowing the City to have the option on a foreclosure sale to purchase the bank's interest in that so that you don't have the situation of that going on for sale without at least having the first shot at it. That, of course, would require the City to tender those funds just in advance of the sale date, and if it was cured prior to the sale date, then those funds would be returned to the City. There's about afive-day, I think, period there. Because I represent the City, 1 do not feel that I had any authority to disclose a proposed agreement to the bank or to Cherry Lane Recreation, Inc., without first confiding in you to determine whether or not you would instruct me to share such an agreement with them and to pursue this or whether or not there're provisions in this that you don't like that you'd like changed or whether or not you'd like me to do anything.. So 1 submit that for your consideration, not to enter into this agreement at this point, but whether or not to authorize me to transmit it to them, see whether or not they will agree to it or not. I would say that if we did transmit it, that would be a strong indication you would ultimately approve it, though. Corrie: Comments? Rountree: Mr. Mayor. Corrie: Mr. Rountree. Rountree: I would move that we authorize the City Attorney to transmit the draft agreement to the subject parties for their consideration and seek their approval to enter into such an agreement so we could move on with this particular project. Bird: Second. Corrie: Motion made and seconded to have the attorney send these (inaudible) to the Idaho Independent Bank and Cherry Lane Rec to see what their status would be on this. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: THREE AYES, ONE ABSENT ITEM 18. DEPARTMENT REPORTS E. ATTORNEY -BILL GIGRAY 3. PURCHASE AGREEMENT Gigray: I've been corrected by the City Clerk. We had two resolutions dealing with the police. One resolution dealing with the listing agreement with the realtor and another resolution dealing with the offer to purchase, and I don't know for purposes of the record, I would defer to the Clerk as to how he wants this clarified, because I think you. only identified one resolution number. • Meridian City Council ~ting October 19, 1999 Page 4 CO DISCUSSION OF IDAHO INDEPENDENT BANK'S REQUEST TO MAKE ADDITIONAL REQUEST OF COUNCIL BY CHERRY LANE GOLF COURSE LETTER OF CREDIT. Corrie: Okay. On the regular agenda, first before No. 1 is the discussion of the Idaho Independent Bank's request to make additional request of Council by Cherry Lane Golf Course letter of credit. Before I start, I want to let the public know that this is not a public hearing. There will be no public input in this. This is a discussion between the City Council and what they have been requested by the Independent Bank to do. I guess, what is the pleasure of the Council? Do you want to have the attorney explain his letter to you? Anderson: Yes, please. Corrie: Mr. Gigray. Bird: Do it in layman's terms, too. Gigray: Mr. Mayor and members of the Council, as I understand the consideration before you, it is the request by the bank that the City agree by a separate agreement to provide the bank with notice on two occasions: one if there's a default on the part of Cherry Lane Recreation, Inc., and number two, there is a 60-day notice request in the event there would be modification of the lease agreement. This would be done by a separate agreement between the bank and the Gity. It's something for you; I think it's a matter of your discretion as to whether or not you wish to do this. I believe that the City Council has taken the action that is required under the terms of the lease agreement to perform, but is a matter for your consideration. I have been asked to provide some information to the Council by the Mayor to acquaint you with at least some of the terms and conditions the lease-hold deed of trust in regards to its provisions so that at least you have that information available to you. i believe you have the lease-hold deed of trust in your packets, and it has a very small font which is somewhat difficult to read. If you want me to go through this memo with you, 1'd be more than happy to do so. I defer at this point, Mr. Mayor, as to what you want me to do. Come: Okay, Council. Anybody want to go through it? Bird: Short version. Corrie: Okay. Thank you, Mr. Gigray. Bird: Yeah. I do. Corrie: Okay: Let him know that. Meridian Gity Gounal M~ng October 19, 1999 Page 5 Bird: Mr. Mayor, 1 want him to go through that. Corrie: Okay. Mr. Bird would like to go through it, please. Gigray: Sure. Basically, the instrument proposes like a deed of trust on your.. house to secure an obligation of a loan which i assume Cherry Lane Recreation, Inc. would have received from. the bank, and then as security for that loan, they would have aeease-hold deed of trust. We don't -our statutes regarding deeds of trust talk about providing a security interest in real property. I know the bank says this is a somewhat unusual form in Idaho. Not often seen. It seems like there's a plausible explanation under Idaho Law that you can in fact do this. What happens is that there's a trustee appointed which would be Pioneer Title Company. As long as payments are made timely and there's not default under the original note or the deed of trust, nothing happens other than it's held by Pioneer Title and then they'd have to reconvey the interest of the bank back to Cherry Lane Recreation once the obligation is paid. If Cherry Lane for some reason defaulted under the terms of the agreement, and I have in Point 5 kind of a laundry-list of what that deed of -lease-hold deed of trust provides would be a default, then the foreclosure procedures after notice, and if there was a failure to cure the default, could be entering and taking possession of the property and proceeding to sell the property as you would sell the property after 120-day notice first for sale and then the purchaser, the highest bidder, would then get the interest of Recreational Properties, Inc. There are some provisions here where the bank, through the trustee, could assume and take possession and manage the property. They would have to perform the terms and conditions of the lease agreement as the lease agreement has provided. They couldn't remain in default because they wouldn't be in any higher position than Cherry Lane Recreation is. That is basically how this is set up.. Corrie: Mr. Bird. Bird: This is also the letter of credit? This is more than just the letter of credit. This is for the loan. Gigray: Mr. Mayor, members of the Council, I know that having and going through these requests or condition, as i understand it, for the issuance of the letter of credit. You may want to inquire of Cherry Lane Recreation as to whether or not it involves more than that. Point 3, I noticed on the form that was provided, provided for two separate loans, one in the amount of $400,000 and the other in the amount of $500,000, and it is drafted so that if there were arrangements subsequent to entering into the lease-hold deed of trust up to $1,800,000, it would still cover that. It limits -that doesn't mean that the initial loan would be that amount, but it would provide for that kind of negotiation in the future. Carrie: Other questions from Council? Meridian City Council 11ll~eting • (Jctober 19, 1999 Page b Bird: I have none. Cowie: Any discussion on their request? Rountree: Mr. Mayor. Come: Mr. Rountree. Rountree: Do we have any indication from the lender that this is the only avenue that they can accept in orcier to make the loan, provide the money for the letter of credit and apparently the money for financing the construction? Cowie: Mr. Gigray. Gigray: Mr. Mayor, Councilman Rountree, members of the Council, the discussions that 1 have had relative to the request that you have before you are vvith Mr. Edward Hansen who represents Idaho Independent Bank. He advised me that the bank is somewhat uncomfortable with lease-hold deeds of trust. No reflection upon Cherry Lane Recreation, Inc. It's just the form and that they would be in a position, at least, this is my understanding of his representations to me on the phone, that they would proceed to issue the letter of credit and proceed with the loan arrangements, I assume, v~ith Cherry Lane Recreation, Inc. if the City would agree to the request that you have before you. There was originally a discussion with Mr. Hansen, and he had indicated that they would like to have a provision that the bank would be in a position to have to consent to any change in the lease agreement. My discussions with him were that I thought that this would be a very difficult issue for the Council to deal with, but certainly they have any,right to present whatever they want to_ He felt that they could live with notice and so you see the form of this request, and it's two-fold. One, if there's a default, they have to receive notice of the default. The bank does in addition to Cherry Lane Recreation, Inc., and number two, 60 days prior to the effective date of any modification of the lease ag°reement, the bank is to be notified, and, of course, as you look through the lease-hold deed of trust, if the bank didn't like some of the provisions of any amendments to the lease agreement, they would have to take that up with Cherry Lane Recreation, Inc. Bird: Ninety days. Gigray: Ninety days. Excuse me. Ninety days notice_ That's in my memo_ misstated it. Thank you, Councilman Bird. Rountree: We've been at this too many months now. Personally, 1 would tike to see it move forward, but I cannot accept the position the City would be put in this particular proposal. I have no particular problem with the notice requirements, but I do have some problems with the idea that the City would be taken out of any position as it relates to the Golf Course in a default situation. I don't have a Meridian City Council Meeting • Clctober 19, 1999 Page 7 solution. I believe we were advised at the beginning that the solution was there, but it apparently hasn't been found at this point. Cowie: Any other discussion? Rountree: Mr. Mayor, I guess the other comment I would make is it seems that this negotiation process that apparently has been established is not acceptable either. I think we need to just sit down and roll up our sleeves and find a solution. If we continue to have letters bantered between vur attomey and their attomey, and then have to have it scheduled at a regularly scheduled Council meeting, the soonest anything can be done has atwo-week delay. We're not getting anywhere. We've been two weeks here and three weeks there a month just meeting our meeting schedule, and I don't know if a special meeting is in order to deal with this specifically between our legal representation and us that we can negotiate something that appears acceptable and then take action. Throw that out for discussion. Bird: Mr. Mayor. Cowie: Mr. Bird. Bird: I agree with Councilman Rountree. I think it's went on long enough. I don't know how we got it, but it's got to go forward. I have a real problem taking this out of the first. If you read the Pioneer Title will be the trustee and they've got the right to come in and sell the lease, whatever, which I don't like. If this is all because of the letter of credit, then !for one would be for dropping the letter of credit. It all falls back on us regardless one way or the other, so if this defaulted, we're going to pick up the bill. I think it's went on long enough. Let's get the thing solved and let Cherry Lane go on with their clubhouse and we get out there and get us a good clubhouse and get the course going like it's supposed to be. Anderson: Mr. Mayor. Cowie: Mr. Anderson_ Anderson: I, too, have some real reservations about some of the items in the lease-held deed of trust, and I would concur with Councilman Rountree. I'm not sure that this the right format to set down and discuss these. I think probably a one-on-one meeting with the City Council and Cherry Lane, Inc. and their legal representatives and ours and has out what some of our courses .are, and let's get that agreed to before we come back to a Council meeting because this has taken forever in the current process and current format that we're doing it now. Cowie: Mr. Bentley. Bentley: Yes. I concur with what's been said tonight. I can't put the City or the .taxpayers' property up for a loan, but I think we do need to sit down with an open Meridian City Council ~eting October 19, 1999 Page 8 meeting with them and see if we can't come up with some form and means of getting this project put together. Thank you. Corrie: It seems to be the consensus that we need the Council, the two attorneys and the Cherry Lane Rec to sit down with the Council. Bird: Absolutely. Anderson: And the bank_ Corrie: And the bank, yes. And the bank. Since they're involved here. Rountree: Mr. Mayor. Corrie: Mr_ Rountree. Rountree: If the bank's wilting to accept the notice requirement again, f don't have a problem with that, but if it's going to go beyond that, then f agree. We need to sit down and hammer it out. tf we can offer that back to them, and they're wiping to accept that along with the offer that if that's not acceptable, we'll sit down. That gives them the option. Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, just to answer Councilman Rountree's question, it is my understanding the bank would be prepared to go ahead with the loan if the City honors their request that you- have before you. Rountree: The whole thing. Go ahead, Mr. Gigray. Gigray: Right. And as I have discussed in my memos to the City Council, believe you've already done what you are legally obligated under the lease to do. I think this goes beyond that, but I think it's a matter of your discretion whether or not you want to do that. If you want to enter in negotiations with the bank and with Cherry Lane Recreation, Inc. on if you are going to provide them with notice and go this extra step that you need some consideration on the other side with regards to potential modifications of the lease agreement or otherwise, then 1 think it'd be a very good idea to sit down with the representatives of the bank and Cherry Lane Recreation, Inc. to see if that couldn't be hammered out. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Mr. Gigray, are you talking about the agreement of September 30"'? Meridian City Council ~eting October 19, 1999 Page 9 Gigray: Yes. The one that's in the packet. Bird: Okay. Currie: Any further discussion? Bird: Yes. Corrie: Wouldn't you like to make this into a motion that we do that, Mr. Rountree, per your preference, or do you want to just - Rountree: I didn't hear anybody object to that, oppose. Currie: 1 didn't either. If nobody objects to it, we don't have to have a - Bird: Let's set a date. Currie: Okay. Bird: The sooner the better. Rountree: Do vve want to discuss a potential date, Mr. Mayor? Corrie: Pardon? Rountree: Discuss a potential date, Mr. Mayor? Currie: Okay. What date would you like to -we've got 26th, there's a - we have a set - Rountree: We could have a special meeting on the 26tH in conjunction with the workshop. Bird: Okay. Currie: Do you want to have that? Bird: That's fine if that's agreeable with the other parties. Currie: This~is not a public hearing, but is that all right with the bank? The 26tn~ What time would you like to have it? Bird: 6:30? Currie: 6:30? Meridian City Counal meeting October 19, 1999 Page 10 Bird: Is that okay with Cherry Lane? Corrie: Cherry Lane, is that permissible to you? The 26~' at 6:30? (inaudible) gone until the 28~' (inaudible) Corrie: He's gone until the 28~'. I'm sorry. Okay. That's going to put us into - we can have it before the meeting at 6:30 on the 3`~ of November. He'll be back by then, will he (inaudible)? (inaudible) Come: Can you come up here while that - so we can get it on record? I couldn't hear you. Lovan: Mr. Mayor and the Councilmen, my name is Wally Loven. (inaudible) of Cherry Lane Recreation. As I said, my attorney is gone until the 28"' of this month. I was considering having an attorney of his organization come in this evening. He said it would take him quite awhile to go through and get everything square in his mind so he represent me. Right now, I started last February in getting this thing, trying to get it going, and here we are now in October. Now we're going to November and we're looking at the first of the year. I don't know the answer except that we're just not going anywhere. We're spinning our wheels. Corrie: That's why we want to get together. Lovan: Yes. I know that, Bob. 1 guess it'll have to be that way. Corrie: Yeah. Council, would you like - Lovan: Then - Corrie: Can everybody be here on the 28"'? Bird: Yeah. The 28"' is fine with me. Corrie: Charlie? Rountree: -I'll be here. Corrie:. Okay. (inaudible). Bird: is his attorney going to be here or does he just get in that day? Lovan: He's supposed to get back on the 28~'. Meridian City Counal M~"eting October 19, 1999 Page 11 Cowie: Will that give him enough time to have the meeting at 6:30 the 2$"', then? Lovan: That I can't answer. Bird: We need to set a meeting and get it -Wally's right. We need to get this thing ironed out and. get it done and let's get going. Lovan: If vve go into November, then 1 wait a month and a half to finish the clubhouse, and there's noway. Rountree: Mr. Mayor. Come: Mr. Rountree. Rountree: 1 move that we schedule a special meeting October 28, 1999 to negotiate the terms that may be necessary to reach agreement for the bank of the leaseholder, Cherry Lane Recreation, Inc. to agree to lending the leaseholder sufficient funds to cover letter of credit desired by the City, meeting to be held at 6:30, City Hal{. Cowie: Do I hear a second to the motion? Bird: Second. Cowie: Motion's been made by Mr. Rountree and seconded by Mr. Bird to hold a special meeting October 28~' at 6:30 p.m. to work with the Cherry Lane Rec, the bank and the City to see if they can resolve the letter of credit at that point. Any further discussion? Anderson: Mr_ Mayor. Cowie: Mr. Anderson. Anderson: I'm assuming that we would leave the caveat that if their attorney does not have enough time on the 28~' if he doesn't get in until late or something that we could leave that up to you to reschedule a meeting or something. Corrie: If that's desired - if that's okay with counsel. Rountree: Mr. Mayor, that's within your power. Cowie: Okay. All right. With that in mind, any other discussion? Okay. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES / ~ • • Ny Meridian City Council September 7, 1999 Page 52 B. BILL GIGRAY: 1. GENERAL REPORT AND REQUEST TO REFER NEW CODE TO PLANNING AND ZONING REGARDING ZONING ORDINANCE. Gigray: Mr. Mayor and members of the Council I -have under a general report request that you give me authority to refer the new code to the Planning and Zoning Commission for their advertising and public hearing because of a few provisions that are in the zoning ordinance that are changed. I figure upon review of this matter that it would be better to play it sate because the state law requires public hearings and review by Planning and Zoning Commission on any changes in the zoning ordinance. There are a couple. They're mainly technical in the zoning ordinance that would take care of that. I think it's extremely important because we have a lot of other ordinances which we are preparing which you are reviewing and I've requested the Clerk hold until the new code is passed because the new code will be passed by one ordinance only and of course it will set the section numbering and codification for which all subsequent ordinances are passed and to avoid confusion I feel that that would be the best order to follow that is the new code passed and then all of the subsequent ones following it. But I didn't feel like 1 had authority to do anything at this point because we had had one strategic planning meeting in which I presented an overview of the code and gave you an outline with it. I was given no expressed direction at that point in time and in order to get this thing moving I would strongly recommend you give me authority to refer that to the Planning and Zoning Commission or you could direct me directly so that they could get moving on it and it could get back before this Counal for consideration and passage. Cowie: Okay any comments? Rountree: So moved. Bentley: Second. Cowie: Motion made and second that the request that the request for new codes for the Planning and Zoning regarding the zoning ordinance be approved. Any further discussion? Hearing none, all those in favor say aye. MOTION CARR{ED: ALL AYES. L(n.~ rr ~ ~ Gtv~e. (~-~ U~.e tx~fi ~~ Bentley: Mr: Gigray very interesting reading. Gigray: Are you enjoying it? ~~ Bentley: Yes. Meridian City Council Septemtler 7, 1999 Page 53 Gigray: If there are things that you see in your review that really are obvious things that need to be changed, just refer them to our office and with the permission of the Counci! and the Mayor, we can go ahead and start preparing some follow up ordinances to correct those mistakes because this maybe the best opportunity you have to go through that whole code and you'll pick out some things that need work on. Bentley: Mr. Mayor I would hope that the department heads would start perusing it too so they can. give us any more that needs to be corrected too: Gigray: Has it been distributed to them yet? Bentley: I don't know. Corrie: (Inaudible) Rountree: Mr. Mayor would you see that that's done and request the department heads to take a look at those sections that impact their work? Corrie: Okay, Mr. Gigray would you go over this -this is not on the agenda here, but I'm going to extend- the privilege on this golf course thing. We need to get probably same agreements here. Would you go into that for us? ~i Gigray: Mr. Mayor and members of the Council, 1 was faxed a transmission from Mr. Insinger who represents the Lessee in Cherry Lane Recreation, inc and have requested and stated in his letter which I believe you have in your packet a revised Estoppel agreement or certificate to be executed by the City Council and requested that that come before the City Council and I'm referring to his letter dated September 3`~ and then there was an accompanying Lessor's Estoppel, Certificate with it. I had to review that Estoppel Certificate. 1t still in my view in part three and in part four and in part seven has some matters that 1 think are beyond what at least at this stage of the game I would recommend that the Council authorize part three says the Lessee is not in default and as of this date is current in all of its financial obligations under said lease and lessor has not made and does not now make any claim that lessee is in any default and then in part four it says lessee is exclusively entitled to all of the rights and subject to all of the obligations of the lessee under the-lease consistent.with all terms and conditions therein and any and all agreements with New Pacific or any other person or entity which might otherwise impact or impair lessee's interest in the lease or the property subject thereof have been terminated. No person or entity other than the lessee has rights or ability to serve or obtain any title or interest in the lease or the property except with lessee's consent which shall be at lessee's sole discretion and then seven it says lessee and its officers direct or his agents attorneys, insurers or lenders shall have the right to rely on all matters certified to herein as of this date and lessor shall be estopped from subsequently asserting any contrary position except as to events which may occur • Meridian City Council September 7, 1999 Page 54 here after. I felt that that language still was so all inclusive that i would not recommend that the City Council execute such a document. I have prepared a memo. I understand that Recreational Properties, Inc is in a tough position out there trying to figure.out a way to provide at least a statement from the City as to the conditions for which exist with that lease agreement. In my memo I first point out to the Council that you're under no legal obligation to execute such a certificate. There are many instances where you're a lessee and you're leasing some property say for instance in a shopping center and the lessor for their own financial purposes will require you as of the terms of the lease agreement to execute Estoppel Certificates and you do see those in lease agreements from time to time. That's not a part of any relationship that we're in. Secondly the proposed certificate in my view could only prevent potentially the City making a claim that otherwise it might have which the bank or the lessee in the first instance or their insured and as you can see in part seven any of those people could raise that as a defense that the City would be esstopped from even raising such a claim and what i felt in order to speed this along would be for your consideration the possibility of the City issuing a lessor statement concerning the lease agreement and that that statement which is for your consideration before you acknowledging that the lease agreement that was dated the 3~d of October, 1978 between the City and Cherry Lane Recreation that it's in full force and effect. There have been no subsequent amendments or modifications other than the nine holes of golf which have been added and I'm paraphrasing here, you've got it in front of you that the real property which is subject to the lease is duly annexed into the City. The legal description of the real property we have attached. We've already executed one document to that affect. The Cherry Lane Recreation Inc an Idaho Corporation lessee is exclusively entitled to all of the rights, duties and responsibilities of the lease under the terms of the lease provisions and are required that said rights, duties and responsibilities may only be so held by Cherry Lane Recreation Inc without the written permission of the City to do othewise. And that the City hasn't transferred or assigned its interest. That's what part five is about and that in part six that Gherry Lane Recreation Inc is current in its performance of the rental payment provisions of the lease and that the City has not caused to be served nor does it have any present plans to cause to be served upon Cherry Lane Recreation Inc any notice of default of the terms of the lease including any present claim of indemnification as far as the City of Meridian is presently aware and that this statement is being issued by reason of the lessee's request for a lessor's Estoppel certificate which by the terms of the lease the lessor is not obligated to execute as a courtesy to the lessee this statement is being issued under the authority of the City Council action and then it would propose this date. And so I prepared that for your consideration knowing that this matter is belabored. 1 certainly would understand that probably the language of the Estoppel Certificates are not the original of Cherry Lane Recreation Inc but and I'm probably not -it's something to do with some requirements of lending or otherwise and who knows where it was originally drafted. I wanted to be able to provide the Council and Mayor with at feast my advice as to what possibly the City could do with short notice at this point and I just get it to you for your consideration also so that we honor r-+~ M~ Meridian City Council September 7, 1999 Page 55 the request that at feast you have an opportunity to review this as requested by Cheny Lane Recreation, Inc. Corrie: Gouncil wish to issue the statement concerning the agreement? Bentley: That would be my preference to issue that. Corrie: Any further discussion? Rountree: Mr: Mayor on item seven this sixth word should be by. In refer to attachment or exhibit A, Exhibit A is not identified. I assume it's the legal description. Is that the intent? I'm talking about the Lessor's statement concerning agreement. It talks about Exhibit A. It shows a legal description. It appears that legal description is encompassing the original nine holes. The latest date is September 8, 1977 so it doesn't include the remainder of the 18 holes of golf. With those two items I'm irr agreement that it looks to me Jike this is probably a better form for the City to move on as opposed to the Estoppel Certificate. Bird: Mr. Mayor, 1 agree with Charlie. This EstoppeF thing I do not like but I have a question. Will-this agreement that we are proposing to give to Wally is that going to be. satisfactory for the lenders? i mean 1 think it's the lenders that are making us or is having him want us to sign this Estoppel certificate. Corrie: That's correct. 1 don't know whether it is or not. That would be up to the bank. Bird: Yeah, that's what I'm asking. Does Wally knov~? Corrie: I don't know. That would be a bank decision; is that correct Mr. Gigray? Gigray: Mr. Mayor and members of the Council, obviously what the bank will accept is up to them. What I was trying to do is provide a mechanism where we could speed information and also give the bank some assurance that Cherry Lane is not subject of any present move to put them in default that they're in the tease that this is the 18 holes. We'll double check this description. That's a very good point, but we filed a very recent document that's identified with that entire 18 holes is and I think it should give the bank the basic information that they should be I think are trying to get in the Estoppel Certificate. I triedtto make this as broad as possible getting what I was seeing the bank was asking to try to assist in this matter, but yet I mean you know I can understand if you're on the other side you want all the' guarantees in the world and just say there's just no way, no way any claim could ever be made and we want to be able to protect ourselves and our insurers and on and on and on. Well I can't recommend to you that we do that. At the same point I think it's fair to say these are the people, they're leasing, they've paid their obligation, we don't have any defaults out there, we're not planning ~ ~ Meridian City Council September 7, 1999 Page 56 any at this point. We're not requiring any indemnification. 1 would hope that this would work out all the way around. Corrie: Any other questions? 1'll entertain a motion on the Lessor's statement to be signed as written and with the correction of the - Rountree:. Mr. Mayor I move that we approve the Lessor's statement concerning agreement of lease dated October 30, 1978, concerning the Cherry Lane Recreation Inc. and that we authorize the Mayor to sign- Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the lessor's statement concerning the agreement of lease dated October 30, 1978 and the Mayor to sign. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. C. KENNY BOWERS: 1. UNION CONTRACT. Bowers: Mayor Come and City Council members, I have nothing new on the union contract at this time. The union negotiation committee wants to meet one more time. They found a discrepancy in the contract. They want to meet one more time. Any corriments on that? Anderson: Is that regarding the issue that we talked about yesterday? {Inaudible) 2. TRANSFER OF PROPERTY. Bowers: The next item is the transfer and sale of the property at 716 N. Meridian Road from Meridian Rural Fire Protection District to the City of Meridian. t believe you have the agreement of transfer of real property in your box and probably have a resolution probably in front of you also. This is the agreement the City and the Rural has come together. Both attorneys have worked very hard back and forth to get the wording right that each one of them wanted and for the $90,000 from the City of Meridian to the Meridian Rural Fire Protection District. Also it was put in the Valley News. Will got it in for two weeks. So it was advertised for two weeks. MERIDIAN CITY COUNCIL SPECIAL MEETING .JUNE 22, 1999 The special meeting of the Meridian City Councilwas called to order at 7:30 p.m. on June 22, 199 by Mayor Corrie. MEMBERS PRESENT: Keith Bird, Ron Anderson, Charlie Rountree, Mayor Corrie (Glenn Bentley, absent). OTHERS PRESENT: Gary Smith, Kenny Bowers, Shari Stiles, Bill Gordon, Bill Gigray, Will Berg. , 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE RECREATION iNC.-4200 TALAMORE BLVD.: Corrie: Staff, any comments at this point? Stiles: I don't, no. Corrie: Is the representative for the applicant here this evening? Have you had a chance to look over all the Findings of Fact and Conclusions of Law that has been presented to the Council? Unidentified: Mr. Mayor, Councilman, we have not received a copy of those. Rountree: Mr. Mayor - Corrie: I know it's not a public hearing but i just want to know if there are any questions about it. Is that wrong, right? Bird: This is a conditional use and - Corrie: We have Findings of Fact and Conclusions of Law and if there's anything in that that they - Gigray: In my recommendation we don't open because otherwise you're accepting testimony and comment. This is all deliberation at this point. Corrie: Okay, gotcha. Gigray: If you decide after looking at it, the Council decides they want to get more information before they make a final decision then someone would move to re-open a public hearing. The only problem you'd have then is that you would have. to give notice to everybody because there might be people that would be on different sides of the issue that wouldn't be - Meridian City Council S~1 ivleeting ~1 June 22, 1999 Page 2 Corrie: You're right, thank you. Okay, Council you have the Findings of Fact and Conclusions of Law in front of you with the decision in order, any comments? Gigray: l might, Mr. Mayor, a point of information since { as the City Attorney as directed by the Council to draft these just aquaint the council with the Findings in here have pretty much set forth that information that was before you with regards to the type of application that this is, the particular city ordinances that apply, I would also point out that in section 15 is the specific references and Findings of the Council relative to the fact that the application is in conformance or compliance with the Comprehensive Plan which is one of the conditions regarding the granting of a Condition Use Permit`and those citations of course are the specific references in your Comp. Plan which you take judicial notice of since it's your own Comp. Plan, of those provisions relative to the development of the golf course of which this is proposed here very consistent with and then as you wilt see in the conditions that are included in the order, 1 believe that the concerns that were raised had to do with the concern over the sidewalk and I have provided in there and I had it a minute ago what did I do with it - Rountree: On page 12. Gigray: (Tape shut off) Yes, 1.8 was that afive-foot sidewalk in accordance with City ordinance and then there's a reference to the ordinance, along the entire frontages of West Taiamore Drive and West Harbor Point Drive was I believe .part of the motion that was made so that's been included, and then the other issue had to do with the timing of the temporary clubhouse and that's in 1.20, and this condition provides that a temporary clubhouse shall be used for a period not to exceed seven months from the date of this order and prior to moving the temporary letter of credit and then we have provided an amount of $500,000.00 which was the amount mentioned at the City Council meeting and I have included that and as a condition if you said in an amount not more than $500,000.00 then the issue can be $500,000.00 ail the way down to zero and the ..number as i remember the discussion, the decision of the Council was at $500,000.00 so that's why I`~put it that way. The other points and conditions contained in there were those that were recommended by the Planning & Zoning Commission and the specific reference that I remember in the motion was to those two points. Corrie: Okay, thank you Mr. Gigray. Mr. Rountree? Rountree: I have no questions. Mr. Gigray did incorporate the language that was suggested and took care of the issues that I had. Given that, Mr. Mayor I would move we approve the Findings of Fact and Conclusions of Law and decisions and order. Bird: Second. --.c~ rti1 Meridian City Council S~~tl ivleeting ~~ June 22, 1999 Page 3 Corrie: Motion is made and seconded that we approve the Findings of Fact and Conclusions of Law. Any further discussion? Hearing none. Roll call vote. ROLL CALL VOTE: Mr. Anderson -yea, Mr. Rountree -yea, Mr. Bird -yea, 1 absent. MOTION CARRIED: ALL YEAS. Corrie: Motion is carried, Finding of Fact and Conclusions of Law are approved. ,Rountree: And that does include the Conditional Use Permit. Unidentified: Mr. Mayor and Councilmen, I appreciate'it very much. 2. DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR DAKOTA RIDGE ESTATES: Corrie: Mr. Clerk, I understand you have a signed Development Agreement, is that correct? Berg: Mr. Mayor and Council, that is correct. The copy of this in your packet is a signed Development Agreement by the applicant. Gigray:. Mr. Mayor, point of information. Shari had indicated to me some concern with the format of this development agreement and I just want to report to the Council that this is one of these which was one that has not been done in the course that we do them now and it's kind of trying to go back and revisit history and is one that I think was anticipated to be done a number of years ago, in fact I believe there were two former drafts that were proposed, the last one in 1997, neither one of them having been signed, we received a phone call from the Developer's attorney saying that they were going to be in town for a short period of time and so I've given instructions and reviewed a draft of this and then gave some instructions to include in this Development Agreement the specific provisions of the Council's action and Findings of Fact in the granting of this particular development. My secretary got concerned that some of the provisions which were in the 1997 Development Agreement were not included in the draft that I have prepared. I was in transit to the Idaho Trial Lawyers annual meeting of which I'm now an officer and so this Developer appeared and signed the agreement. I think Shari would explain what her concerns are, that there are some provisions in the 1997 agreement which is appended to this document as exhibit "D" which are not necessary, you might want to hear what she has to say about that, we may want to hold further action on this and make some changes on it and then re-submit it or if you say we're willing to sign the agreement without certain portions of this on here then we'll need to re-submit it back to the Developer for their signature as it's changed because we won't have a signed document that everyone agrees to unless it's a signed document and the process ~~ ~- 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 7:00 p.m. on May 11, 1999 for the purpose of reviewing and considering the application of Cherry Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located at 4200 Talamore Blvd. A more particular 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. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19th day of April, 1999. WILLIAM G. BERG, JR:, LERK PUBLISH, April 21& May 5, 1999. `~`~`~~gc~iltlt#~tr~~, ~ T ~~ ~~ 9 ~~ ti ~ ~~~~~r+ooa; nw~~~~~~ ** TX CONFIRM~N REPORT ** AS OF APR 19 'y9 1207 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 11 04119 12 07 208 888 1097 MODE MINiSEC PG5 CMD# STATUS EC--S 00'31" 001 138 OK 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 tha hour of 7:00 p.m. on May 11, 1999 for the purpose. of reviewing and considering the application of Cherry Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located at 4200 Talamore Btvd. A more particular 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. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19~' day of April, 1999. WILLIAM G. B G, JR., LERK ~rilttillllllttAAAAJ~ PUBLISH; Apri1218~ May 5, 1999. a•~~'t ~ l~lr~.r.,f ~ r,~'' r ti '~ - ~ i' X0'4,_ r ts~ ,+cS~~~ `,= `~, , ~_~ MERIDIAN CITY COUNCIL SPECIAL` MEETING AGENDA TUESDAY, JUNE 22, 1999- 7:30 P.M. CITY COUNCIL CHAMBERS ROLL CALL: X RON ANDERSON X CHARLIE ROUNTREE GLENN BENTLEY X KEITH BIRD X MAYOR ROBERT CORRIE AGENDA 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY .CLUBHOUSE BY CHERRY LANE RECREATION INC-4200 TALAMORE BLVD: (APPROVE FINDINGS AND DECISION AND ORDER} 2. DEVELOPMENT AGREEMENT BY STEINER DEVELOPMENT FOR DAKOTA RIDGE ESTATES: (REDRAFT AND TABLE UNTIL JULY 6, 1999 MEETING) 3. EXECUTIVE SESSION: (NO DECISION MADE) ~, .-... ~ ... Fl~ • ~ HUB OF TREASURE VALLEY -~ h Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST-IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING - DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE-CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4, 1999 TRANSMITTAL DATE: April 12, 1999 HEARING DATE: MAY 11, .1.9.99 FILE NUMBER: CUP-99-009 REQUEST: ADDITIONAL INFORMATION-- WARRANTY DEEDS ARE ON FILE AT THE CITY CLERK'S OFFICE FOR THE CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT BY: .CHERRY LANE RECREATION INC LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD ___. TAMMY DE 1NEERD.P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z `KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT ^BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL-PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT -IDAHO POWER CO.(PRELIM & FINAL -PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: i ~_ ~~ ~ I PIONEEit TITLE COMPANY 1, OF ADA COUNTY ~ - I\~ o ~, 4 J 821 West State Street /Boise, Idaho 83702 (208) 336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 °-60827~U AGA GU. P•i=~~ORCEP, j, ;;;~~r IU i':.~'-i`~Hf 1.10 901 S E 1 tJ PIONEER TITLE CA: '96 OCT 3 P1~ `' 2 ~f~eG FEE - ~....; i:: RECOitC~ED ai :iii. f.~~.:EST OF 7, ~ ~!~ ACCOMMODATION SPACE ABOVE FOR RECORDING DATA l 1 ~ '~C1 it Iu Aitdi><du d(.~~U ~u JG dA>~~,wt ~ /11~~~Ci~ ~~I 1.7t1~1~ J~~jiJp~ ~G~1,11~ >~ ~?O! dU~?G>G~ ?G~I +~ ?G~~ Alt 1 C!<It.' _ , '~ CORRECTION WARRANTY DEED s~ ,~ t, ~~ (INDIVIDUAL) FOR VALUE RECEIVED MARY R. BARNEY AS PERSONAL REPRESENTATIVE OF THE ESTATE OF t ' KENT G. BARNEY AND MARY R. BARNEY, A WIDOW ' S.: ,~ GRANTOR(S) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ~~ , ~^ ' CITY OF MERIDIAN , ~~ C'~ GRANTEE(S), whose current address is: 33 E. IDAHO AVE. , MERIDIAN, IDAHO 83642 s the following described real property in ADA County, State of Idaho, i~_ ~- more particularly described as follows, to wit: ~' ~^ " " " " " " ~ SEE EXHIBITS AND C ATTACHED HERETO AND MADE A PART HEREOF A , B :. Z~ THIS CORRECTION DEED IS GIVEN TO CORRECT ERRORS IN THE LEGAL DESCRIPTION " " ,~ OF EXHIBIT A ON THAT CERTAIN WARRANTY DEED RECORDED 12-19-95 IN ADA COUNTY ~ AS INSTRUMENT N0. 95093287. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Gran{ees(s) heirs and assigns ~' forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee ~~ simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made =~ ,Fj~ subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of /~~ way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the current ear, which are not et due and ~ Y y payable, and [hat Grantor(s) will warrant and defend the same from all lawful claims whatsoever. ~C Dated: OCTOBER 4, 1996 y'~ ~~ ~ ~ MARY R. BARNEYtAS PERSONAL REPRE ATIVE OF Mt) , r. ~~ THE ESTATE OF KENT G. BARNEY ~ ~; ?s ?a ~,^S ,~~a~uaq~~. ~^ i^. ~ ID ', 1~ ~ tl ~ ADA ~ Z' S STATE OF s ,County of , ss. ~, ~~ On this ~ ~~~rda of ~ .OCTOBER , in the year of 1996 ,before me ~^~ DAVID E. ~~ * ~ , a Notary Public, personally appeared ~~ ~3 : Z; ^~ known or identifiq~tp~ he th i (PI whose name(s) IS subscri ~^ bed to the within ~ Z~ ^j instrument, and act,~vt1) ~~~ She _ executed the Sam IVIDUALL ND AS PEAS L ESENT ^~ OF THE ESTATE 0~ „t~~`~3ARNEY AND KNOW TO 0 BE THE PERSON dHOS~ CRIBEDt. ~~ TO THE WITHIN INSTRUMENT AS PERSONAL REPR ~ OFT ES ~~ t~Ii~: ~Y AND ~~ r'S ACKNOWLEDGED TO ME THAT SHE EXECUTED TH Residing at: t ~'~ SAME AS SUCH PERSONAL REPRESENTATIVE. _ _ y ommission Expires: }~ Z~ ~b :t[17lw~~vwr~w~(`ltll(Y1~[1!(1~,(wwr[j'~!1wW,n[)v~l~LnCl-`~iI1G(1~^L~L)^lit' 1^! Ll'WwW~rf~wjnjWwlr.~ {• Ivry jn~r~.www~; JL.1U /.,l J~-i1U , •t•~~c~~,-i , CVIICIC tl\~KJ tSUI~ 1Uti ;~•/651U6;# ~/ 3 EXHIBIT "A" • ~.._ 290 North Maple Grove Road lioine, IU 83704 (208) 378-6380 l~';~x (208) 378-0025 • . • PROJECT:'S1SQ62 • DATE: August 19, 1994 ~ ~~` t' • Revised: September 30, 1996 ~jl ~ i ~,~ 'f • DESCRIPTION FOR . STEINER CORPORATION . ~ GOLF COtJRSE~IAT S5•BLOCK 2 A 1?OR770N OF THE NORTH-HALF • SECTION 3 • T.3N,, R 1 W., B.M. •, • i~iIBRIDIAN,~ ADA COUNTY, IDAHO • A parcel of land being a portion of the North=Half; Section 3, T.3N., R 1W., B.M., Meridian, Ada County, Idaho and store partiwlarly described as follows: • Be~rinning at a Brass cap marking the~Southwest corner of the Nonhcast Quarter of Section 3, T.3N., R 1 W., .B.M, Meridian, Ada County, Idaho thence North 68°00'00" East 265.00 feet to an iron pin; thence North 11°51'41" East 207.58 feet to an iron pin (formerly North 11°44'56" East 207.40 feet);' thence North 04°00' 14" West 99,94 feet to au iron piu (fanuerly Nortli 03"50'00" West 100.00 feet); thence North 03°1 5'37" West 50.00 feet to an iron pin; ~ ~ ~ ,~ thence North U3°59'40"~ West lUU.1 t feet to an iron.pin (formerly North 03°SO'0" West); thence North 86°09'17" East 170.14 feet to an iron pin (formerly North 8G°10'00"'East): ~ ~ . thence North 03°50'00" West .140,77 feet to.an iron pits: thence NarW 64°06'56" East 76,45 feat to an iron pin; tbence North 21°41'34" East 106.19 feet W an iron pin, said iron pin being the REAL POINT OF BE;GINIJIh1G; thence North 74°30'42" West 63.02 feet to an iron pin; • thence North 78°20'29" West •19(1,05 feet to an iron pin; thence Soutd 84°53'0.1" Wcst 59091 feet to an iron pln; ' thence North 00°3U'18" East 207.58 feet to an iron pin; thence South 87°36'04" East SS.$.21 feet to an iron pin; thence North 81°09'U2" Past 82.00 feet to an iron pin; tbencc South 89°02'00" East 223:23 feet to an iron pin; thence South 08°14'56" West 19,7.64 feet to the point of beginning, oompdsing 3.30 acres, more or • Px/afia Iruid Surma®yors, a division of 1'O WE1t Engineers, Inc., an Idaho Corporation !~ i . ~ . svBi~CT ro: ~ .: ~ ~ ~ . • A.ll existing easetncuts and road rights-of way of rooord or appearing on the abovc-dcsoribcd parccl of land. Prepared by; . ~ ~ PaciSc Land Surveyors ~ . . IS S . • ~ G ~ . •• '' .c . l 6 ~ ~~oE~~y a T: E JIFJEDM:CWE ~ Jahn T. (Tom) Eddy, P.L.S. ~ ~ . • , . •. -- 1'AC;II~IC LAND SURVEYORS EXHIBIT "B" 290 North Maple Grove Raad Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: S1S062 DATE: August 19, 1994 DESCRIPTION FOR STEINER CORPORATION GOLF COURSE LOT A PORTION OF THE NORTH-HALF ' SECTION 3 T.3N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the Noitti-Half; Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southwest corner of the Northeast Quarter of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho said brass cap being the REAL POINT OF BEGINNING; thence North 7S°30'00" West 190.00 feet to an iron pin; thence North 40°00'00" West 40.00 feet to an iron pin; thence South 7S°S9'31" West 70.00 feet to an iron pin; thence South 2S°00'00" West 64.19 feet to an iron pin; thcnce North 89°25'06" West 3S4.S2 feet to an iron pin; thcnce North 00°30'18" East 212.27 feet to an iron pin; thence North 82°30'02" East 597.53 feet to an iron pin; thence South 89°29'4S" East 351.50 feet to an iron pin; thence South 11°S 1'41" West 198.82 feet to an iron pin; thence South 68°00'00" West 265.00 feet to the point of beginning, comprising 5.12 acres, more or less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation • s SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors T ~~ V.. ~~~ ~V t h~ J.~ i '"' ~,~ ~/+ ~ c.i t ~1 l.',t •~'~', ~~/ ~r'~ ~•. S;~i. JTE/EDM:CWE John T. (Tom) Eddy, P.L.S. _-- 1'r1(;Il~1C LAND SURVEYORS EXHIBIT "C" 290 North Maple Grove Road l~ Boise, ID 83704 (208) 378-6380 FAX (208} 378-0025 PROJECT: 515062 DATE: February 7, 1995 Excess Property DESCRIPTION FOR KENT BARNEY A PORTION OF THE WEST-HALF SECTION 3 T.3N., R1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the ;West-half, Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Northeast Quarter of Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho thence along the Southerly boundary of said Northeast Quarter of Section 3, North 88°55'29" West 2643.29 feet to a Brass cap marking the Southwest corner of the Northeast Quarter; thence leaving said Southerly boundary North 75°30'00" West 190.00 feet to a 2"iron pipe; thence North 40°00'00" West 40.00 feet to an iron pin; . thence South 75°59'31" .West 70.00 feet to an iron pin; thence Soutli 25°00'00" West 64.19 feet to an iron pin; thence North 89°25'06" West 254.51 feet to a point, said point also being the REAL POINT OF BEGINNING; thence continuing North 89°25'06" West 100.01 feet to a point; thence South 00°30'11" West 407.92 feet to a point; thence South 68°54'11" East 276.46 feet to a point marking a point of curve; thence along a curve to the right 59.46 feet, said curve having a central angle of 34°04' 10", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51°52'06" East to a point marking a point of tang4nt; thence South 34°50'01" East 292.99 feet to a point; thence South 89°48'41" East 147.34 feet to a point; thence North 35°00'00" West 109.03 feet to a point; thence Norih 51°45'00" West 580.00 feet to a point; thence North 00°29'44" East 335.18 feet to the point of beginning, comprising 2.00 acres, more or less. Pacific Land Surveyors,. a division of POWER Engineers, Inc., an Idaho Corporation SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors JTE/EDM John T. (Tom) Eddy, P.L.S. 6606~9~7 ~~~ ~ ~~ ,~~~-~ ,~.~., _. . _ ..._'..~h~~., t+_, ~, C`.G'iJ:: i.i bEED OF GIFT ~`~~ /5 ~ ~ ~~~Q'// ~ ff~ II L i ~~ ~..}} THIS DEED OF GIFT made this ~ 3 day of , 19~~, tietwe~n B~SIE' RE~E~RCH CENTER, INC., an Idaho Corporation, whose address is 124 . Explorer. Dr., Suite 22.0, .Boise, Idaho 83713 ("Grantor") and CITY OF MERIDIAN, 1DAH0, an Idaho Municrp'a~~6rparatro[r, uc~hosezt7.r~ri~ address is 33 East Idaho Avenue, Meridian, Idaho 83642 ("Grantee"}, "F~' ~`` -= ~•- WITN~SSETH: ection 1. ~onvgy-,a 9Ce. AS A GIFT to Grantee, Grantor does hereby grant and convey to Grantee all of the real property located in the County of Ada, State of Idaho, described on "Exhibit A" attached hereto and made a part hereof (hereafter "Subject Real P~~sp`rty"). TOGETHER with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. This conveyance by Grantor to Grantee is made subject to the following: All taxes and assessments levied and assessed against the Subject Real Property, including liens and assessments of any irrigation district, for the year 1997 and thereafter. All such taxes and assessments, including liens and assessments of any irrigation district, for the year 1996 shall be pro-rated between Grantor and Grantee as of the date of this Deed of Gift. All such taxes and assessments, including liens and assessments of any irrigation district for the year 1995, and before shall be paid by Grantor. Easements and rights-of--way for roads, ditches, tunnels and utilities, which easements and rights-of--way are of record on or before July 12, 1996, at 7:30 a.m. or visible upon a physical inspection of the Subject Real Property. Exceptions, reservations, terms, covenants and conditions of record on or before July 12, 1996, at 7:30 a.m. Section 2. Acceptance. By its acceptance below, Grantee shall be deemed to have accepted and agreed to comply with the conditions and restrictions set forth in this Deed of Gift. IN WITNESS WHEREOF, Grantor has caused its corporate name to be su scribed by its Vice- President pursuant to a resolution of its Board of Directors this 3rd day of ~~~ 1996. ' BOISE RESEARCH CENTER, INC., an Idaho Corporation ~ / ~~~ Vice-Pres id'erit STATE OF IDAHO ) ss: County of Ada ) Y~F On this day of .~f.(.~ , 1996, before me,.the undersigned, a Notary Public in and for said State, personally appeared ID W. TURNBULL,-known to me to be the Vice-President of BOISE RESEARCH CENTER, INC., an Idaho Corporation, the Corporation that executed the foregoing instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Pu i for Idaho Residing a Idaho My Commission Expires: /~Q-17-4K (SEAL) u ACCEPTANCE CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, by its execution below, hereby accepts the terms of the foregoing Deed of Gift, and agrees to accept. title to the Subject Real Property subject to the conditions and restrictions set forth therein, and agrees to comply with the same. DATED this ~3~ day o 1996. f, , STATE OF IDAHO County of Ada .~`~~` ~ ~C ~~~~ ~` ,.~y ~y ~~• ~~ _ ~~~~ ,~~0.9 `~~ 1sT • .~. ~~~ ,~~ ~ `~. 5s'•''n+~~ ~~~n~~~~~ ) ~~~E~ On this/23 day of 1996, before mer the undersi ned, a Notary Public in and for said State, personally appeared . COYi'LG a T~`(GWvt Cz• ~~'9, ,Tr ,known to me to be the%('J pr (~~ Clams-k of CITY OF MERIDIAN, IDAHO, an Idaho Municipal Corporation, the Corporation that executed the foregoing instrument or the person who executed the foregoing instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~y _ s ~oTAR~. s (SEAL) '* ~o V B I.~G ~ '~ .,,,,,~1~ oA~~~~. Notary Pu i f Idaho Residing at ,Idaho My Commission Expires: ~Q-Z'j-Qf~ CITY OF MERIDIAN, IDAHO, an Municipal Corporation FAe Number: P150056 EXHIBIT A • A PORTION OF THE 1NEST.HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS a, 9, NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON 0 SOAID~SECT ONS 3 AND 4 AS SAME WAS REESTABLISHED sY LS 972 (CP & F INSTRUMENT NO. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 6/8"IRON PIN; THENCE SOUTH 88 DEGREES 55'31"EAST 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 55'31" EAST 182.65 FEET TO A POINT; THENCE SOUTH a DEGREE 18'10" EAST 440.66 FEET TO A POINT; THENCE SOUTH 16 DEGREES 18'25" WEST 218.04 FEET TO A PAINT; THENCE NORTH 89 DEGREES 13'51" EAST 540.22 FEETTO A POINT; THENCE NORTH 71 DEGREES 43'34" EAST 442.46 FEET TO A POINT; THENCE NORTH 1o DEGREES 33'so" EAST ae7.e4 FEET TO A POINT; THENCE SOUTH 88 DEGAEES 55'31" EAST 124.84 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25"'EAST 89.99 FEET TO A POINT; THENCE 165.33 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A CENTRAL ANGLE OF 37 DEGREES 51'08", AND A LONG CHORD BEARING SOUTH 31 DEGREES 42'52" EAST 162.34 FEET TO A POINT; THENCE NORTH 89 DEGREES 29'44" WEST 120.24 FEET TO A POINT; THENCE SOUTH 4 DEGREE 27'17" EAST 80.30 FEETTO A POINT; THENCE SOUTH 0 DEGREE 30'16" WEST 230.52 FEET TO A POINT; THENCE SOUTH 10 DEGREES 31'20" WEST 123.51 FEET TO A POINT; THENCE SOUTH 30 DEGREES 14'07" WEST 119.37 FEET TO A POINT; THENCE SOUTH 50 DEGREES 50'29" WEST 134.39 FEET TO A POINT; THENCE SOUTH 7t DEGREES 28'48" WEST120.64 FEET TO A POINT; THENCE SOUTH 82 DEGREES 45'52" WEST 225.84 FEET TO A POINT; THENCE SOUTH 89 DEGREES 02'57" WEST 67.30 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST 825.06 FEET TO A POINT; THENCE NORTH 77 DEGREES 29'20" WEST 148.07 FEET TO A POINT; THENCE NORTH 89 DEGAEES 10'41" WEST 160.40 FEET TO A POINT LYING 65.00 FEET EAST OF THE WEST BOUNDARY OF SAiD SECTION 3; THENCE ALONG A LINE 65.00 FEET EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3 NORTH 0 DEGREES 38'11' EAST 247.64 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21'49" EAST 156.03 FEET 70 A POINT; THENCE NORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE NORTH 5 DEGREE 39'31" EAST 502.42 FEET TO THE POINT OF BEGINNING. AND ALSO A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 36'11" EAST 2651. t9 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP & F INSTRUMENT NO. 7852146. RECORDS OF ADA COUNTY, IDAHQj; FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST 2697,49 FEET; THENCE CONTINUED P150056 NORTH 0 DEGREE 38'27' EAST 22.64 FEET TO q 5/8"IRON PIN; THENCE SOUTH 88 DEGREES 56'31" EAST 1977.72 FEET TO A 5/8"IRON PIN AND THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 34'15" WEST 413.59 FEET TO A POINT; THENCE NORTH 68 DEGREES 54'i 1"WEST 26.71 FEET TO A POINT; THENCE NORTH 0 DEGREE 30'15" EAST 217.93 FEET TO q POINT; THENCE 211.88 FEET ALONG THE A CURVE TO THE LEFT', HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF ae DEGREES AND A LONG CHORD eEARfNG NORTH 23 DEGREES 47'57" WEST 205.58 FEET 70 A POINT; THE OF A SOUTH 88 DEGREES 55'31" EAST t 09.62 FEET TO THE POINT OF BEGINNING. 36'25" CE END OF LEGAL DESCRIPTION ~ ~ . . h . ~~~ ~ ~ ~ . L °o _ - .-~o. I ~.•. ~ .~ ~~' t ~' N ~ ~' ~ N ~ o . •, m I ' - ~ ~' m 7. ~ -, f 0 ~•.. 0 N. . ••i '.., . ~ N. ~ ~~- ~. _,. ~ ~ PIONEER TITLE COMPANY _ i ~ ~ OF ADA COUNTY \~~ 821 West State Street I Boise, Idaho 83702 (208) 336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 ~0932~"1 J. U/trlt,' i..:i'r~t I'. L' ~ Ov" CJ ~ V '95 DEC 19 Pfd `i 06 oa ftECGftu~~ ;., ~:,,_ .:::ifE~T GF SPACE ABOVE FOR RECORDING DATA %:U~ M AI:M All 5{,,~~~ :1J::tA:l/: J'~%lJ::tl::1.1.' :tl::V:.tJ::Al::i}: J:V::V: %U:el:.ll:M:v::u.JUI.'N:.tl::el:.Jl.Ir. N~ .JI.It. JM ~! Jµ:Ut N! J)~ Jam.=. WARRANTY DEED 4~ r' F (INDIVIDUAL) ~~ :~ FOR VALUE RECEIVED KENT G. BARNEY AND MARY R. BARNEY, husband and wife '~' S; ^ s~ c? GRANTOR(S) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto CITY OF MERIDIAN ^ I~ S= k~ GRANTEE(S), whose current address is: 33 E. IDAHO AVE. , MERIDIAN, IDAHO 83642 s the following described real property in ADA County, State of Idaho, i~ ^ more particularly described as follows, to wit: }~~ SEE EXHIBIT "A" "B" AND "C" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF ~, ~-; f~ KNOWN AS GOLF COURSE PROPERTY AT CHERRY LANE C TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made ~' subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of ~' way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and utility assessments, (if any) for the tr,~- current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims P~ whatsoever. Dated: February 1995 ~' ^ ~ ,~ ~" Kent G. Barney r R. $a~r~n~e~y~~ k^ J7~?G~ ~~ 1~ ~~ STATE OF i~ )dahci ,County of _ Ada , ss. ~"^ .. ~.. On this ~' ~ t~ _ day of February , in the yearof ~ 1995 , before me ~-^' '`j s~ c,.:~' a Notary Public, personally appeared ~ ' r - ~` known or ide i to o ni to be the erson s whose names re Z-= ¢ G t~ P O O a subscribed to the within instrum`~tit, and aekrtowledge~(o me that the y_ executed the s ~; ~ S~ ~~ Nota liet----- -- - - ~ ~. Residing at: Meridia d o _ t Y~ My Commission Expires: _,L1Lr~~ ; ~ T7 i[rT[~'4!"i~ion'17['if9titl["if/[~P~[3SJ["i(rifJl"~?[iCffbElOf`4PL'r'f~G[~:[~ n [~ [1l3t't1w~?[iC4ii~iCl~~i~?;i^~i•?iin~i^°ir'~i^Fi`Yi^[rr,,wws~ `~ PACIFIC LAND SURVEYORS EXHIBIT "A" 290 North Maple Grove Road ~~ Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 515062 DATE: August 19, 1994 Revised: November 22, 1994 DESCRIPTION FOR STEINER CORPORATION GOLF COURS&I;OT 55-BL'OCK-2~ A PORTION OF THE NORTH-HALF SECTION 3 T.3N., R 1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the~No`rtl--Half; Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southwest corner of the Northeast Quarter of Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho thence North 68°00'00" West 265.00 feet to an iron pin; thence North 11°51'41" East 207.58 feet to an iron pin; thence North 03°51'05" West 250.05 feet to an iron pin; thence North 86°09'17" East 107.14 feet to an iron pin; thence North 03°50'00" West 140.77 feet to an iron pin; thence North 64°06'56" East 76.45 feet to an iron pin; thence North 21°41'34" East 106.19 feet to an iron pin, said iron pin being the REAL-POINT OF BEGINNING; thence Norih 74°30'42" West 63.02 feet to an iron pin; thence North 78°20'29" West 190.05 feet to an iron pin; thence South 84°53'01" West 590.91 feet to an iron pin; thence North 00°30'18" East 207.58 feet to an iron pin; thence South 87°36'04" East 558.21 feet to an iron pin; thence North 81°09'02" East 82.00 feet to an iron pin; thence South 89°02'00" East 223.23 feet to an iron pin; thence South 08°14'56" West 197.64 feet to the point of beginning, comprising 3.30 acres,. more or less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors -JTE/EDM: C WE John T. (Tom) Eddy, P.L.S. PACIFIC LAND SURVEYORS EYHIBIT "B" 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 515062 DATE: August 19, 1994 DESCRIPTION FOR STEINER CORPORATION GOLF COURSE LOT A PORTION OF THE NORTH-HALF SECTION 3 T.3N., R I W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the`:Nortli-Ha1f,~Section 3, T.3N., R IW., B.M, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southwest corner of the Northeast Quarter of Section 3, T.3N., R~1W., B.M., Meridian, Ada County, Idaho said brass cap being the REAL POINT OF BEGINNING; thence North 75°30'00" West 190.00 feet to an iron pin; thence North 40°00'00" West 40.00 feet to an iron pin; thence South 75°59'31" West 70.00 feet to an iron pin; thence South 25°00'00" West 64.19 feet to an iron pin; thence North 89°25'06" West 354.52 feet to an iron pin; thence North 00°30'18" East 212.27 feet to an iron pin; thence North 82°30'02" East 597.53 feet to an iron pin; thence South 89°29'45" East 351.50 feet to an iron pin; thence South 11°51'41" West 198.82 feet to an iron pin; thence South 68°00'00" West 265.00 feet to the point of beginning, comprising 5.12 acres, more or less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation ~ ~ SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors .... ~ ~ ~, ~ ~-: ~a ~i ~~~ .~ ~~;~ ~ a~ ;.`ae;l,~ ~ ~~ ~~ `f T F v~ JTE/EDM:CWE John T. (Tom) Eddy, P.L.S. i I'ACiFIC LAND SURVEYORS EXHIBIT.. "C" • 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 515062 DATE: February 7, 1995 Excess Property DESCRIPTION FOR KENT BARNEY A PORTION OF THE WEST-HALF SECTION 3 T.3N., R1W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the'~West=lialf,~Section 3, T.3N., R1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast comer of the Northeast Quarter of Section 3, T.3N., R 1 W., B.M., Meridian, Ada County, Idaho thence along the Southerly boundary of said Northeast Quarter of Section 3, North 88°55'29" West 2643.29 feet to a Brass cap marking the Southwest comer of the Northeast Quarter; thence leaving said Southerly boundary North 75°30'00" West 190.00 feet to a 2" iron pipe; thence North 40°00'00" West 40.00 feet to an iron pin; thence South 75°59'31" West 70.00 feet to an iron pin; thence South 25°00'00" West 64.19 feet to an iron pin; thence North 89°25'06" West 254.51 feet to a point, said point also being the REAL POINT OF BEGINNING; thence continuing North 89°25'06" West 100.01 feet to a point; thence South 00°30'11" West 407.92 feet to a point; thence South 68°54'11" East 276.46 feet to a point marking a point of curve; thence along a curve to the right 59.46 feet, said curve having a central angle of 34°04' 10", a radius of 100.00 feet, tangents of 30.54 feet and a long chord of 58.59 feet bearing South 51°52'06" East to a point marking a point of tangent; thence South 34°50'01" East 292.99 feet to a point; thence South 89°48'41" East 147.34 feet to a point; thence North 35°00'00" West 109.03 feet to a point; thence North 51°45'00" West 580.00 feet to a point; thence North 00°29'44" East 335.18 feet to the point of beginning, comprising 2.00 acres, more or less. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation ~' ~ SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. Prepared by: Pacific Land Surveyors JTE/EDM John T. (Tom) Eddy, P.L.S. _ '~ HUB OF TREASURE VALLEY '~ Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (aos> aa7-az i I PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4. 1999 TRANSMITTAL DATE: April 7. 1999 HEARING DATE: MAY 11. 1999 FILE NUMBER: CUP-99-009 REQUEST: CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT BY: CHERRY LANE RECREATION INC. LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C 'GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT 'BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORN EY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: AME: ADDRESS: 2070 INTERLACHEN WAY GENERAL LOCATION: 4 2 0 0 TALAMORE BLVD . DESCRIPTION OF PROPOSED CONDITIONAL USE: ,:"GOLF'""r~nrrR~la i.UB xoUSF __ AND PARKING LOT. ZONING CLASSIFICATION: R- 4 I certify that the information contained herein is true and correct. // Signature of Applicant v Social Security Number ~1 ~ ~~i ~~ ~ ~~ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally described as located at -, SUBDIVISION, BLOCK ,LOT for TO ~ ~ REcE'~D CITY OF MERIDIAN APR 0 6 1999 nn~r Tre~r'rnt~r gnu e ~''nNTIT'TTf)NAT. iTRF. PF.RMTT ~i ~~ H.IDIAI~ . s ~ • • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT- 1. APPLICANT a. NAME -- - CHERRY LANE RECREATION INC. b. STREET - 2070 INTERLACHEN WAY C. CITY/STATE/ZIP - MERIDIAN, IDAHO 83642 d. PHONE NUMBER. - 888-4080 2. OWNERS OF RECORD a. NAME -a CITY OF MERIDIAN b. STREET - 33 E. IDAHO AVE. c.~CITY/.STATE/ZIP - MERIDIAN, ID 83642 d, PHONE - 884-5533 3. LEGAL DESCRIPTTON - ENCLOSED 4. PROOF OF OWNERSHIP - ENCLOSED 5. DESCRIPTION OF EXISTING USE -~ VACANT/EXIST. GOLF COURSE 6: PRESENT USE OF SUBJECT PROPERTY- - VACANT/EXIST. GOLF COURSE 7. PROPOSED USE OF THE .SUBJECT PROPERTY - GOLF COURSE CLUB HOUSE AND i PARKING LOT 8.~ THE DISTRICT (PRESENT ZONING) - R-4 9. VICINITY MAP (1"=300') -- 30 COPIES - ENCLOSED 30. "SITE PLAN. (1"=50') - ENCLOSED 11. MAILING LIST OF PROPERTY OWNERS WITHIN 300' - ENCLOSED 12. 'CHARACTERISTICS THAT MAKE A rCONDITIONAL USE DESIRABLE - CITY REQUIREMENT 13. FEE - ENCLOSED 14. STATEMENT THAT APPLICANT AGREES TO PAY ANY ADDITIONAL SEWER, WATFER OR TRASH FEES. - ENCLOSED 15. STATEMENT THAT APPLICANT VERIFIES CONTENTS. - ENCLOSED I6. PROPERTY TO BE POSTED 1 WEEK PRIOR TO HEARING .(SIGNED AFFIDAVIT THAT THIS WILL BE DONE) - ENCLOSED • April S, 1999 NOTARIZED CONSENT FOR CONDITIONAL USE PERMIT CHERRY LANE GOLF COURSE--CLUB HOUSE RE: Consent for a Conditional Use Permit for a new club house at Cherry Lane Golf Course As City Clerk of the City of Meridian, I, William G. Berg, Jr., hereby give consent for an application to be submitted for a new club house at Cherry Lane Golf Course. The subject properties, having been deeded to and owned by the City, are generally located at the intersection of W.~ Talamore Blvd. and W. Harbor Point Dr. Sincerely, ~~~~ r /Zi'v'v'~G`""' ~ / vtt~ist~t~att~ ~y ~'~}~¢3 y~t~~ff~`y William G. Berg, Jr. ,,~'`*~ ~ ~-~,,~~~..r~~r;~r`'~.,, rt D. Corrie M City Clerk ~ ~ ~o 'w Mayor - r ' - ~L State of Idaho) ~d~''%,~ ~O ~..~ ~~~,•~`~~ ): S.S. ~<<i~~rs~ ~i~e~~~~ County oftA`jda~) On this I ' day of , 1999, before me, a notary public for said State, personally appeared 'I ~ ~ ~ t ~ ~ ~ ,known to me to be the persons whose name is subscribed to the within instrument, and acknowledged to me that he executed the Sams I ~II 1I11 `` W~~` ~ °SP~~ ~''9" ~:~~ nod s 0 1 o ~ ~(a,r2wti ~ t s ~~ ~~ l ~.~ Notary bli f i Residing at ~ ~ ~S C~/~ t My Commission Expires i ~ S ~'~~~ ~~. STATEMENT TO CITY OF MERIDIAN . T, Wallace D. Lovan, President of Cherry bane Recreation, Inc. hereby agree to the following: 1. To pay any additional sewer, water or trash fees and or charges, if any, associated with the use of said property. 2. That I~have read the contents of the Conditional Use Permit application and verify that to the best of my knowledge the y information contained therein is true and correct. 3, That I will cause to have posted the aNotice of Hearing" an said propert at ast one (1) week pxior to hearing. ~~~ Date Date STATE OF IDAHO } ) ss. ,COUNTY OF ADA ) On this day of April 1999, before me, a notary public in and for said state, personally appeared Wallace D. Loven, known or identified to me to be the President of Cherr Lane Recreation, A°°' Y ~~°~ .executed the instrument on behalf of s •corporatian, and acknowled~et~~ one ~}R~t~, such corporation executed the S Tit ~ 400 ,~} •.••• •••~.~ C ~~~ ~/ t C 1 !~ .~ L~G~~ ~ ~ ~' ~ ~ . No ~fy Public ~ • ~~ : ~' Residing at ~ ~ LC/I G~~u~ Idaho ~v' ~, ~'Ug Ll~ .• My Commission Expires l~ /3 QC~I °®'~' •• •• O 44 4 n m •~~~...~••• ~ 4444 ~,,+ ~ ~ F 1p ~~,. . F r r s • ` PROPERTY DESCRIPTION - CHERRY LANE CLUBHOtTSE PARCEL MARCH'31,5:2999 s A,parcel of land situated in the SE ~ of the NW ~ of Section 3, ¢Township~3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as ;follows: Commencing at the center section corner of said section 3; thence N 5946'22"W a distance of 759.17 feet to a point, THE POINT OE BEGINNING; thence S 0030'15"W a distance of 163:24 feet to a point; thence N 8230'42°E a distance of 178.49 feet to a~point; ` thence S 0000'00"W a distance of 348.02 feet to a point; thence N 9000'00"W a distance of 214.27 feet to a paint; thence along a non-tangent curve to the left having a Delta of 22°56'29", a Radius of 249.75 `feet, a Tangent-of 79.64 feet, a Chord Bearing of N32°57'06"W, a Chord distance of 151.76 feet, and an Arc Length of 154.19 feet to a point; thence N 5038'25"W a distance of 94.32 feet 'to a point; thence along a curve to the left having a Delta of 08°25'33", a Radius of 6$0.00 feet, a Tangent of 30,24 feet, a Chord Bearing of N53°11~'13~"W, a Chord distance of 60.43 feet, and an Arc Length of -60.45 feet'to a point; thence alonq'a curve to the right having a Delta of 286°28'44", a Radius of 20.00 feet, a Tangent of 18.7'5 feet, a Chord Bearing of N12°34'36"W, a Chord distance of 27.36 feet, and an Arc Length of 30.13 feet to a point; thence N 30°34'50"E a distance of 84.13 feet to a point'; thence along a curve to the right having a Delta of 15°16'44", a Radius of 375.00 feet, a Tangent of 141.02 feet, a Chord Bearing" of N51°11'21"E, a Chord distance of 263.99 feet, and an Arc Length of 269.77 .feet to a paint; Said parcel containing 2.98 acres more or less. ~~ C PREPARED BY: . 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RECQRI}€C • R~QUcST Of ~~~ ~~~ MEMO ~' ~ If~~AikRO~EA AG pip BQIS~~ taAHD ~~~~ 0903300I PARTIES: ~~~~ ~U ~ ~ ~~~ (~ 22 Lessor: City of Meridian, an Idaho Municipal Corporation Lessee: Cherry Lane Recreation, Inc., an Idaho Corporation REAL PROPERTY: Those certain parcels of real property located in the City of Meridian, County of Ada, State of Idaho, and more particularly described in Exhibit "A" attached hereto and consisting of eight (8) pages, and by this reference incorporated herein. THIS~~IS TO ACKNOWLEDGE AND TO GIVE NOTICE to the world that the above named parties have entered into that certain lease agreement entitled, "AGREEMENT OF LEASE" on the 3`d day of October, 1978, the original of which is on file with the City Clerlc of the City of Meridian at the Meridian City Hall, which agreement is in full force and effect and which agreement provides for the lease of the real property described herein. Dated this ~ 3 day of August, 1999. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. CHERRY LANE RECREATION, INC. .~ Wallace ~D. Lovan, President BY: f `~ Venita .Lovan MEMORANDUM OF LEASE AGREEMENT -PAGE 1 OF 3 • Attest: TY CLERK STATE OF IDAHO COUNTY OF ADA :ss CITY OF MERIDIAN BY: OR OBERT D. CORRIE ~<<,,, t, ~„- ~ ~r,,,, .~~ ~~~~L +~i 7 ~~ 1~0~ \~ .~ t'j SST 1ST . ,`~'J ~~ ~~ ~~• ~. ''~',`1~~~~111t1 ttSF1~~~ \ \ ,/~ r On this day of August, in the year 1999, before me, K-~~'1 ~ 1 a Notary Public, personally appeared WALLACE D. LOVAN and VE ITA I. LOVAN, known or identified to me to be the President and f ~q.r of the Cherry Lane Recreation, Inc., an Idaho Corporation, and who execut d the instrument or the person that executed the instrument on behalf of said corporation, and acknowledge to me that such corporation executed the same. ~~T~Y ~ ~r . ~..~ ~ sir j'UBLZ ~~ • J, • = O f~ Nota Public for Idaho Commission expires: / ~~lS~c'~-~~~ MEMORAN7~~.IM OF LEASE AGREEMENT -PAGE 20F 3 STATE OF IDAHO • :ss County of Ada ) On this ~ ~ day of August, in the year 1999, before me, a Notary Public, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ~++.. n uigd~,. .fi+ GAL L• S ~'~., ,e1` P11.`aO.s~°~~I~l p~ ~ r, o ~OTA,~y °e (~) ®°® ~ Nota Public for Idaho a ~ ~• pUBLi~ •.~ .~ Commission expires: O ~ ~~' l~I~s~a O ,~, ~°'~,T~ 0 F I~ P°o°• aa3a¢e~as+++++° :+ MEMORANDUM OF LEASE AGREEMENT -PAGE 3OF 3 • File Number; P18311~ SCHEDULE C The ,land refierred to in this Commitment is described as follows: PARCEL I -. A`PARCEL OF LAND BEING A PORTION OF THE WEST-HALF, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, 60ISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP MARKING THE SOUTHEAST CORNEA OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF SECTION 3, NORTH 88 DEGREES 55'29" WEST 2643.29 FEET TO A BRASS CAP MARKING THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER/ THENCE LEAVING SAID SOUTHERLY BOUNDARY NORTH 75 DEGREES 30'00" WEST 190.00 FEAT TO A 2" IRON PIPE; T1iENCE NORTH 40 DEGREES 00'00' WEST 40.00 FEET TO AN IRON PIN; THENCE SOUTH 75 DEGREES 59'31' WEST 70.00 FEET TO AN ZRON PIN; THENCE SOUTH 25 DEGREES 00'00" WEST 64.19 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES Z5'06" WEST 254.51 FEET TO A POINT, SAID POINT AL5O BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 25'06' EST 100.01 FEAT TO A POINT; THENCE SOUTH 00 DEGREES 30'11" WEST 407.92 FEET TO A POINT; THENCE SOUTH 68 DEGREES 54'11' EAST 276.46 FEET TO A POINT MARKING A POINT OF CURVE; THENCE ALONG A CURVE TO THE RIGHT 59.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 34 DEGREES 04'10', A RADIUS OF 100.00 FEET, TANGENTS OF 30.64 FEET AND A LONG CHORD OF 58.59 FEET BEARING SOUTH 51 DEGREES 52'06' EAST TO 'A POINT MARKING A POINT OF TANGENTS; THENCE SOUTH 34 DEGREES 50'01" EAST 292.99 FEET TO A,POINT; THENCE SOUTH 89 DEGREES 48'41' EAST 147.34 FEET TO A POINT; THENCE NORTH 35 DEGREES 00'00" WEST 1o9.O3 FEET TO A POINT; THENCE NORTH 51 DEGREES 45'00" WEST 580.00 FEET TO A POINT; THENCE NORTH 00 DEGREE 29'44" EAST 335.18 FEET TO THE POINT OF BEGINNING. PARCEL II A PARCEL OF LAND LYING IN PORTIONS OF THE SOUTH HALF OF THE NORTH HALF AND THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT MARKING THE NORTHWEST CORNER OF THE SAID NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE SOUTH 89 DEGREES 25'06" EAST 2,077,73 FrET ALONG THE NORTHERLY BOUNDARY OF THE SAFO NORTH HALF OF THE SOUTH HALF OF SECTION 3 TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; T1-IENCE SOUTH 0 DEGREE 29'44" WEST 335.18 FEET TO A POINT; THENCE SOUTH 51 DEGREES 45'00 "EAST 580,00 FEET TO A POINT; THENCE SOUTH 35 DEGREES 00'00" EAST 285.33 FEET TO A POINT; THENCE SOUTH 22 DEGREES 15'00" WEST 60.05 FEET TO A POINT; THENCE SOUTH 43 DEGREES 58'10" EAST 238.75 FEET TO A POINT; THENCE SOUTH 29 DEGREES 00'00' EAST 110.00 FEET TO A POINT; THENCE NORTH 61 DEGREES 00'00" EAST 81,19 FEET TO A POINT OF CURVE; THENCE LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183117• PAGE 2 • - PARCEL II (CONT.) NORTHEASTERLY ALONG A CURVE TO THE LEFT 147.14 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 48 DEGREES 10'28", 'A "RADIUS OF 175.00 FEET, TANGcNTS OF 78.23 FEET AND A LONG CHORD OF 142.84 FEET BEARING NORTH 36 DEGREES 54'46" EAST TO A PAINT OF ENDING OF CURVE; THENCE NORTH 56 DEGREES 30'00" WEST 151.38 FEET TO A POINT; THENCE NORTH 41 DEGREES 30'00" WEST 203.92 FEET TO A POINT; THENCE NORTH 17 DEGREES 15'00" WEST 94;14 FEET TO A POINT; THENCE NORTH 22 DEGREES 15'00" EAST 147.00 FEET TO A POINT; THENCE NORTH 65 DEGREES 50'00" EAST 45.00 FEET TO A POINT; THENCE SOUTH 87 DEGREES 20'00" EAST 78.40 FEET TO A POINT; THENCE SOUTH 68 DEGREES 00'00'' EAST 61,48 FEET TO A POINT; THENCE SOUTH 71 DEGREES 33'25" EAST 88.05 FEET TO A POINT; THENCE SOUTH 60 DEGREES 00'00" EAST 108.33 FEET TO A POINT OF BEGINNING OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE 70 THE RIGHT 139_.32 FEET, SAID CURVE HAVING A CENTRAL ANGLE.OF 25 DEGREES 35'19", A RADIUS OF 311.95 FEET, TANGENTS OF 70.84 FEET AND ALONG CHORD OF 138.16 FEET BEARING NORTH 56 DEGREES 12'20" E4ST TO A POINT OF TANGENT; THENCE NORTH 69 DEGREES 00'00' EAST 115.08 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT 125.75 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 24 DEGREES 25'22", A RADIUS OF 295.00 FEET, TANGENTS OF 63.84 FEET AND A LONG CHORD OF 124.80 FEET BEARING NORTH 56 DEGREES 47'19" EAST TO A POINT OF ENDING OF CURVE; THENCE NORTH 44 DEGREES 00'00" WEST 79.63 FEET TO A POINT; THENCE NORTH 67 DEGREES 45'00" WEST 160.00 FEET TO A POINT; THENCE SOUTH 65 DEGREES 50'00" WEST 244.67 FEET TO A POINT; THENCE NORTH 50 DEGREES 30'00" WEST 114.35 FEET TO A POINT; THENCE NORTH 44 DEGREES 00'00" EAST 90.00 FEET TO A POINT; THENCE NORTH 17 DEGREES 00'00" WEST 175.00 FEET TO A POINT;' THENCE NORTH 12 DEGREES 00'00" EAST 280.00 FEET TO A POINT; THENCE NORTH 77 DEGREES 30'00" WEST 170.00 FEET TO A POINT; THENCE SOUTH 68 DEGREES 00'00" WEST 265.00 FEET TO A POINT MARKING THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 3; THENCE NORTH 75 DEGREES 30'00" WEST 190.00 FEET TO A POINT; THENCE NORTH 40 DEGREES 00'00" WEST 40.00 FE"cT TO A POINT; THENCE SOUTH 75 DEGREES 59'31" WEST 70.00 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST 64.19 FEET TO A POINT ON THE SAID NORTHERLY 80UNDARY OF THE NORTH HALF OF THE SOUTH HALF OF SECTION 3; THENCE NORTH 89 OEGREcS 25'06" `NEST 254.51 FEET ALONG THE SAID NORTHERLY BOUNDARY OF THE NORTH HALF 4F THE SOUTH HALF OF SECTION 3 TO THE POINT OF BEGINNING. EXCEPT THAT PORTION LYING WITHIN THE FOLLOWING SUBDIVISIONS: CHERRY LANE VILLAGE N0. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN 800K 44 OF .PLATS AT PAGES 3537 AND 3538, RECORDS OF ADA COUNTY, IDAHO; CHERRY LANE VILLAGE N0. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLAT$ AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY, IDAHO; THE LAKE AT CHERRY LANE, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, IDAHO; THE LAKE AT CREAKY LANE~NO. 2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 54 OF PLATS AT PAGES 48$2 ANO 4883, RECORDS OF ADA COUNTY, IDAHO; LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number; P18311~ PAGE 3 • -- PARCEL Ii (CONT.) THE LAKE AT CHERRY LANE N0. 4 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 74 OF PLATS AT PAGES 7674 AND 7675, RECOADS OF ADA COUNTY, IDAHO. PARCEL III-A A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO,-MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAY REESTABLISHED 6Y LS 972 (CP ~ F INSTRUMENT N0. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3-BEARS NORTH 0 DEGREE 38'27" EAST 2697,49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAST 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING- SOUTH 88 DEGREES 55'31° EAST 182.65 FEET TO A POINT; THENCE SOUTH 8 DEGREES 18'10" EAST 440.66 FcET TO A POINT; THENCE SOUTH 16 DEGREES 18'25" WEST 218.04 FEET TO A POINT; THENCE NORTH 89 DEGREES 13'51" EAST 540.22 FEET TO A POINT; THENCE NORTH 71 DEGREES 43'34" EAST 442.46 FEET 70 A POINT; THENCE NORTH 10 DEGREES 33'50° EAST 487.84 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31' EAST 124.84 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25" FAST 89.99 FcET TO A POINT; THENCE 165.33 FEET ALONG THE ARG OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 250.25 FEET, A CENTRAL ANGLE OF 37 DEGREES 51'08", AND A LONG CHORD BEARING SOUTH 31 DEGREES 42'52" EAST 162.34 FEET TO A POINT; THENCE NORTH 89 DEGREES 29'44" WEST 120.24 FEET TO A POINT; THENCE SOUTH 4 DEGREE 27'17" EAST 80.30 FEET 70 A POINT; THENCE SOUTH 0 DEGREE 30'16" WEST 230.52 FEET TO A POINT; THENCE SOUTH 10 DEGREES 3.1'20" WEST 123.51 FEET TO A POINT; THENCE SOUTH 30 flEGAEES 14'07" WEST 119.57 FEET TO A POINT; THENCE SOUTH 50 DEGREES 50'29" WEST 134,39 FEET TO A POINT; THENCE SOUTH 71 DEGREES 28'48" WEST 120.64 FEET TO A POINT; THENCE SOUTH 82 DEGREES 45'52" WEST 225.84 FEET TO A POINT; THENCE SOUTH 89 DEGREES 02'57" WEST 67.30 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST 825,06 FEET TO A POINT; THENCE NORTH 77 DEGREES 29'20" WEST 148.07 FEET TO A POINT; THENCE NORTH 89 DEGREES 10'41" WEST 160.40 FEET TO A POINT LYING 65.00 FEET EAST OF THE WEST BOUNDARY OF SAID SECTION 3; THENCE ALONG A LINE 65.00 FEET EAST OF AND PARALLEL TO THE WEST BOUNDARY OF SAID SECTION 3 NORTH 0 DEGREES 38'11" EAST 247.64 FEET TO A PAINT; THENCE SOUTH 89 DEGREES 21'49" EAST 156.03 FEET TO A POINT; THENCE NORTH 45 DEGREES 03'16" EAST 163.61 FEET TO A POINT; THENCE NORTH 5 DEGREES 39'31' EAST 502.42 FEET TO THE POINT OF BEGINNING. LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT • File Nttmbec': P18311~ PAGE 4 PARCEL III-B A PORTION OF THE WEST HALF OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE. MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER'COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTI'ON 3; THENCE NORTH 0 DEGREE 38'11" EAST 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 {CP & F INSTRUMENT H0. 7852146, RECORDS OF ADA COUNTY, IDAHO); FORM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27• EAST 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27' EAST 22.64 FEET TO A 518" IRON PIN; THENCE SOUTH 88 DEGREES 56'31" EAST 1g77.7Z FEET TO A 5/8' IRON PIN AND THE REAL POINT OF BEGINNING; THENCE SOUTH 0 DEGREE 30'15" WEST 413.59 FEET TO A POINT; THENCE NORTH 68 DEGREES 54'11" WEST 26.71 FELT TO A POINT; THENCE NORTH 68 DEGREES 54'11" WEST 26.71 FEET TO A POINT; THENCE NORTH 0 DEGREE 30'Z5" EAS7 217.83 FEET TO A POINT; THENCE 211.88 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 48 DEGREES 36'25" AND A LONG CHORD BEARING NORTH '23 DEGREES 47'57" WEST 205.58 FEET TO A POINT; THENCE SOUTH 88 DEGREES 55'31" EAST 109.62 FEET TO THE POINT OF BEGINNING. P;~RCEL IV •A ,. A PORTION OF SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:' COMMENCING AT THE CORNER CO~AMON TO SECTIONS 4, g, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 {GP 8 F INSTRUMENT N0. 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27' EAST, 2697.48 FEET; THENCE NORTH O DEGREE 38'27" EAST 22.64 FEET TO A 518" IRON PIN; THENCE SOUTH 88 DEGREES 5b'31" EAST, 379.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 5 DEGREE 39'31" EAST, 290.28 FEET TO A POINT; THENCE 46.45 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 250.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 38'46", AND A LONG CHORD BEARING SOUTH 49 DEGREES 22'43' EAST, 46.39 FEET TO A POINT; THENCE SOUTH 44 DEGREES 03'20° EAST, 136.41 FEET TO A POINT; THENCE SOUTH 8 DEGREES 18'10' EAST, 165.80 FEET TO A POINT; THENCE NORTH 88 DEGREES 55'31' WEST, 182.65 FEET 70 THE POINT OF BEGINNING. PARCEL IV-B A PORTION OF GOVERNMENT LOT 4 AND QUARTER OF SECTION 3, rOWNSHIP 3 MERIDIAN, ADA COUNTY, IDAHO MORE THE SOUTHWEST QUARTER OF THE NORTHWEST NORTH, RANGE 1 WEST, BOISE MERIDIAN, PARTICULARLY DESCRIBED AS FOLLOWS: LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number; P18311~ PAGE 5 PACREL IV-8 {CONT.) ` COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, ,ZO AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11" EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTION 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972. (CP ~ F INSTRUMENT N0: 7852146, RECORDS OF ADA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNEA OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'-27" EAST, 26?7.49 FF~T; THENCE NORTH 0 DEGREE 38'27"' EAST 22.64 FEET TO A 518" IRON PIN; THENCE SOUTH 88 DEGREES 55'31' EAST, 834.71 FEET TO A POINT; THENCE NORTH 1 DEGREE 04'29" EAST, 77.45 FEET TO THE REAL POINT OF BEGINNING; THENCE 199.31 FEET ALONG THE. ARC OF GURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET, A CENTRAL ANGLE OF 42 DEGREES 17'41" AND A LONG CHORD BEARING NORTH 65 DEGAEES 12'11" WEST, 194.81 FEET TO A POINT; THENCE NORTH 44 DEGREES 03"20" WEST, 198.06 FEET TO A POINT; THENCE NORTH 37 DEGREE 38"05` EAST, 125.90 FEET TO A POINT; THENCE NORTH 4 DEGREES 26'2D" WEST, 178.94 FEET TO A POINT; THENCE NORTH 49 DEGREES 13'43" WEST, 619.18 BEET TO A POINT; THENCE NORTH 89 DEGREES 21'33" WEST, 38.72 FEET TO A POINT; THENCE NORTH 0 DEGREE 38'27' EAST, 178.61 FEET TO A POINT; THENCE SOUTH 89 DEGREES 21'33" EAST, 104.94 FEET TO A POINT; THENCE NORTH 26 DEGREES 46'55' EAST, 463.73 FEET TO A POINT; THENCE NORTH 1S DEGREES 05'08" EAST, 186.18 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23'04" EAST, 221.37 FEET TO A POINT; THENCE SOUTH 0 DEGREE 36'56" WEST, 30.00 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04" WEST, 114.43 FEET TO A POINT; THENCE. SOUTH 10 DEGREES 38'11" WEST, 162.48 FEET TO A POINT; THENCE SOUTH 5 DEGREES 36'09" EAST, 160.95 FEET TO A POINT; THENCE SOUTH 48 DEGREES 58'55" WEST, 66.41 FEET TO A POINT; THENCE SOUTH 10 DEGREES 49'04' WEST, 123.62 FEET TO A POINT; THENCE SOUTH 12 DEGREES 00'OO' EAST, 85.00 FEET TO A POINT; THENCE SOUTH 53 DEGREES 26'21' EAST, 142.60 FEET TO A POINT; THENCE SOUTH 6 DEGREES: 51'51" WEST, 151.05 FEET TO A POINT; THENCE SOUTH 41 DEGAEES 14'14" EAST, 171.06 FEET TO A POINT; THENCE SOUTH 89 DEGAEES 12'26" EAST,. 122.33 F'cET TO A POINT; THENCE SOUTH 43 DEGREES 03'05" EAST, 60.00 FEt"T TO A POINT; THENCE SOUTH 0 DEGREE 36'15" WEST, 671.50 FEET TO THE POINT OF BEGINNING. PAACgL 1Y-C A PORTION OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING''AT THE CORNER COMMON TO SECTIONS~4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 OEGREE"38'11" EAST, 2651.79 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP ~ F INSTRUMENT N0. 7852146, RECORDS OF AOA COUNTY, IDAHO); FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27" EAST, 2697.49 FEET; THENCE IVORTN 0 DEGREE 38'27" EAST 22.64 FEET TO A 5($" IRON PIN; THENCE SOUTH 88 DEGREES 55'31" EAT, 1784.61 FEET TO A POINT; THENCE NORTH 1 DEGREE-04'29" EAST, 303.15 FEET TO THE REAL POINT OF BEGINNING; THENCE LEGAL CONTINUED i EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P18311T , PAGE 6 PARCEL IV-C (CANT.) NORTH 6$ DEGREES 28'40" WEST, 157,70 FEET TO A POINT; THENCE NORTH 56 DEGREES 56'39" WEST, 717.37 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'44' WEST, 36.22 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'28' EAST, 5.00 FEET TO A POINT; THENCE 154,59 FEET ALONG THE ARC OF A 1VQN-TANGENT CURVE TO THE LEFT, RADIUS OF 225.00 FEET, A CENTRAL ANGLE OF 39 DEGREES 22'00", CHORD,. BEARING NORTH 19 DEGREES 04'45" WEST, 151.57 FEET TO A NORTH 38 DEGREES 45'45" WEST, 39.00 FEET TO A POINT; THENCE NORTH 52 DEGREES 14'15° EAST, 110.00 FEET TO A POINT; THENCE NORTH 26 DEGREES 11'31" WEST, 134,78 FEET TO A POINT; THENCE NORTH 4 DEGREES 04'20" WEST, 277,45 FEET TO A POINT; THENCE NORTH 31 DEGREES 46'35" WEST, 241.56 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56" EAST, 132.59 FEET TO A POINT; THENCE NORTH 89 DEGREES 23'04" WEST, 110.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 36'56' EAST, 30.00 FEET TO A POINT; THENCE SOUTH 89 DEGREES 23'04' EAST, 175.94 FEET TO A POINT; THENCE SOUTH 78 DEGREES 05'29" EAST, 71.13 FEET TO A POINT; THENCE SOUTH 63 DEGREES 13'16" EAST, 65.34 FEET TO A POINT; THENCE SOUTH 56 DEGREES 28'32' EAST, 79.07 FEET TO A POINT; THENCE SOUTH 53 DEGREES 15'09" EAST, 86.07 FEET TO A POINT; THENCE SOUTH 42 DEGREES 31'78" EAST, 70.53 FEET TO A POINT; THENCE SOUTH 35 DEGREES 2$'22" EAST, 77.08 FEET TO A POINT; THENCE SOUTH 5 DEGREES 49'06" EAST, 249.89 FEET TO A POINT; THENCE SOUTH 8 DEGREES 16'07° EAST, 125.42 FEET TO A POINT; THENCE SOUTH 13 DEGREES 56'20° EAST, 266.06 FEET TO A POINT; THENCE SOUTH 42 DEGREES 43'29° EAST, 283.07 FEET TO A POINT; THENCE NORTH 61 DEGREES 49'13" EAST, 165.37 FEET TO A POINT; THENCE NORTH 11 DEGREES 00'42' WEST, 399.24 FEET TO A POINT; THENCE SOUTH 89 DEGREES 18'49' EAST, 398.40 FEET TO A POINT; THENCE SOUTH 79 DEGREES 02'15' EAST, 61,16 FEET TO A POINT; THENCE SOUTH 60 DEGREES 40'15" EAST, 164,39 FEET TO A POINT; THENCE SOUTH- 85 DEGREES 10'18" EAST, 136.30 FEET TO A POINT; THENCE SOUTH 0 DEGREE 3O'15" WEST, 235.93 FEET TO A POINT; THENCE NORTH 89 DEGREES 29'45" WEST, 80.04 FEET TO A POINT; THENCE SOUTH 78 DEGREES 33'49" WEST, 182.71 FEET TO A POINT; THENCE SOUTH 11 DEGREES 45'15" WEST, 185.77 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15' WEST, 154,10 FEET TO A POINT; THENCE HAVING A AND A LONG POINT;- THENCE 288.86 FEET ALONG THE ARC OF q NON-TANGENT CURVE TO THE LEFT, HavING A RADIUS OF 425.00 FEET, A CENTRAL ANGLE OF 38 DEGREES 56'31", AND A LONG CHORD BEARING SOUTH 63 DEGREES 04'11" WEST, 283.33 FEET TO THE POINT OF BEGINNING. PARCEL IV•D A PORTION OF THE SOUTHEAST tIUAATEA OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MARE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNEA COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT File Number: P183117 _ PAGE 7 PARCEL IV-D (CONT.) NORTH 0 DEGREE 38'11' EAST, 2651.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (C~ & F INSTRUMENT N0. 7852146, RECORDS OF ADA COUNTY, IDAHO.}; FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27° EAST, 2697.49 FEET; THENCE ' NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGAEES 55'3i° EAST, 1814.53 FEET TO THE REAL POINT OF BEGINNING; THENCE NORTH 1O DEGAEES 33'50' EAST, 72.37 FEET TO A POINT; THENCE 129.52 FEET ALONG THE~'ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A ,RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 22'07°, AND A LONG CHORD BEARING SOUTH 56 DEGREES 49'29' EAST, 129.27 FEET TO A POINT; THENCE SOUTH 50 DEGREES 38'25' EAST, 4.33 FEET TO A POINT; THENCE NORTH 88 DEGAEES 55'31' WEST, 124.84 FEET TO THE POINT OF BEGINNING. PARCEL 1V-E A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CORNER COMMON TO SECTIONS 4, 9, 10 AND THE SAID SECTION 3; THENCE NORTH 0 DEGREE 38'11: EAST, 2fi51.19 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 3 AND 4 AS SAME WAS REESTABLISHED BY LS 972 (CP ~, F INSTRUMENT N0. 7852146, RECORDS OF ADA COUNTY, IDAHO}; FROM WHICH THE NORTHWEST CORNEA OF SAID SECTION 3 BEARS NORTH 0 DEGREE 38'27' EAST, 2697.49 FEET; THENCE NORTH 0 DEGREE 38'27" EAST 22.64 FEET TO A 5/8" IRON PIN; THENCE SOUTH 88 DEGREES 55'31' EAST, 1977.72 FEET TO A 5/8" IRON PIN AND THE REAL POINT OF BEGINNING; THENCE NORTH 88 DEGREES 55'31" WEST, 109.62 FEET TO A POINT; THENCE 11.06 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 249.75 FEET, A CENTRAL ANGLE OF 2 DEGREES 32'16°, AND A LONG CORD BEARING NORTH 49 DEGAEES. 22'17" WEST, 11.06 FEcT TO A POINT; THENCE NORTH 50 DEGREES 38'25" WEST, 94.32 FEET TO A POINT; THENCE 60.45 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 680.00 FEET, A CENTRAL ANGLE OF 5 DEGREES 05'36', AND A LONG. CHORD BEARING NORTH 53 DEGREES 11'13" WEST, 60.43 FEET TO A POINT; THENCE 30.13 FEET ALONG THE ARC OF A CURVE 70 THE RIGHT, HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 86 DEGREES 18'50", AND A LONG CHORD BEARING NORTH 12 DEGREES 34'36' WEST, 27.36 FEE7 TO A POINT; THENCE NORTH 30 DEGREES 34'50" EAST, 84.13 FEET TO A POINT; THENCE 269.77 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 375.00 FEET, A CENTRAL ANGLE OF 41 DEGREES 13'04", AND A LONG CHORD BEARING NORTH 51 DEGREES 11'21' EAST, 263.99 FEET TO A POINT; THENCE SOUTH 0 DEGREE 30'15" WEST, 369.89 FEET TO THE POINT OF BEGINNING. PARCEL V LOTS t AND 52 IN BLOCK 5, AND LOT 11 IN BLOCK 9 OF CHERRY LANE VILLAGE N0. 1 SUBDIVISION, ACCORDING TO THE PLAT THEREOF FIlEO IN BOOK 44 OF PLATS AT PAGES 3537 THRU 3538, RECORDS OF ADA COUNTY, IDAHO. LEGAL CONTINUED EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT ~. _ • n~,.u ~ ~ _ _ ~J ~ _ -.' ~ . ,~,- lcr. l L i ni . =~G ,~G~ ~.. =~ .7GG~U 1 r . eJ7 tl7 File Number: P18311~ . PAGE 8 ~ PARCEL~VI LOTS 12 AND 21 IN BLOCK 9 AND- LOT 4 IN BLOCK 11 ANO LOT 53 IN' BLOCK 5 OF CHERRY LANE VILLAGE N0. 2 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3791 AND 3792, RECORDS OF ADA COUNTY, IDAHO. PARCEL VII LOT 83 IN BLOCK 5 AND LOT 14, IN BLOCK 13 CHERRY LANE VILLAGE N0. 3 SUBDIVISION ACCOROING`TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 58 OF PLATS AT PAGES 5473 THRU 5475, RECORDS OF ADA COUNTY, IDAHO. t PARCEL VIII LOT 28 IN BLOCK 11 AND LOT 39 IN BLOCK 13 CHERRY LANE VILLAGE N0. 4 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 63 OF PLATS AT PAGES 6376 AND 6377, RECORDS DF ADA COUNTY, IDAHO. PARCEL IX "LOT 9 IN BLOCK 1 OF REGORO OF SURVEY N0. 802 OF ADJUSTED LOT LINES FOR L07S 8, 9 AND 10, IN BLOCK 1 OF THE LAKE AT CHERRY LANE, ACCORDING TO'THE PLAT THEREOF, FILED IN BOOK 52 OF PLATS AT PAGES 4569 AND 4570, RECORDS OF ADA COUNTY, IDAHO. PARCEL X LOT 5 IN BLOCK 1 AND LOT 13 IN BLOCK 2, THE LAKE AT CHERRY LANE N0. 2, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 54 OF PLATS AT PAGES-x882 AND 4883, RECORDS OF ADA COUNTY, IDAHO. PARCEL XI LOT 24 IN BLOCK 2 OF THE LAKE AT CHERRY LANE N0. 3 SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 70 OF PLATS AT PAGES 7167 AND 7168, RECORDS OF ADA COUNTY, IDAHO. PARCEL XII LOT 19 IN BLOCK 1 ANO LOT 46 IN BLOCK 2 OF THE LAKE AT CHERRY LANE N0. 4 SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN HOOK 74 OF PLATS AT PAGE 7674 AND 7675, RECORDS OF AOA COUNTY, IDAHO. END OF LEGAL DESCRIPTION EXHIBIT "A" TO MEMORANDUM OF LEASE AGREEMENT *~ TOTRL PRGE.09 ** ,~ ~ AGREEMENT OF LEASE AGREEMENT Made this 3rd day of October, 1978, by and between the CITY OF MERIDIAN, a municipal corpor- ation of the State of Idaho, party of the first part, hereinafter called "Lessor," and CHERRY LANE RECREATION, INC., an Idaho corporation, party of the second part, here- inafter called "Lessee." 1. LEASE. Lessor hereby leases to Lessee the following described real property situate in Ada County, City of PAeridian, State of Idaho, which property is des- cribed and set forth on Exhibit "A" attached hereto and incorporated herein. 2. TERM OF LEASE. The term of this lease shall be twenty-five (25) years, commencing on the 3rd day of October, 1978, and terminating. on the 2nd day of October, 2003, both dates inclusive, unless extended or terminated as herein provided. 3. REt1TAL. In lieu of paying any monetary rental until the second nine-hole golf course is constructed and leased to Lessee, Lessee shall, at its own .costs, and with- out any obligation, liability or indebtedness of Lessor, and within a reasonable time, operate, conduct and carry on a golf club upon the leased premises for the use and bene- fit of the public generally in accordance with the objects or purposes of its incorporation. Lessee shall pay the sum of Six Thousand Dollars ($6,000.00) per year, in advance, as rental. This annual payment shall first become due on the 1st day of October next following the date upon which an additional nine-hole i AGREEMENT OF LEASE - P. 1 ~ ~ golf course shall have been constructed by or on behalf of Lessor and leased by it to Lessee herein on substan- tially the same terms and conditions as contained in this agreement. 4, USE OF LEASED PREMISES. (a) Lessee may use and occupy the leased premises for the purpose of operating, conducting and carrying on a golf course for the use and benefit of the public generally; build, own, operate and conduct a clubhouse restaurant, including the dispensing and sale of foods and beverages; and build, own, operate and conduct amusement enterprises such as tennis court and racquet club for the use and bene- fit of the public generally. (b) Lessee agrees, insofar as it is economically possible, to promote and encourage use of the leased premises for the entertainment, instruction and social opportunities for children, pursuant to scheduling and rules and regula- tions adopted and promulgated by Lessee. Lessee further agrees to cooperate and work with the Recreation Committee of Lessor in developing city recreation programs for the youth of the community. 5. TAXES AND UTILITIES. Lessee shall pay all taxes and assessments upon the leased premises and upon the buildings and improvements to be constructed thereon, which may be assessed during the initial term or any extended term of this lease, and it shall also pay all charges for gas, electricity light heat{ power and telephone or other communication service used, rendered or supplied upon or in connection with the leased propertyi agreeing to indemnify Lessor against any liability, claims or damages for failure AGREEMENT OF LEASE - P. 2 to pay and discharge such taxes, utility charges and any other expenditure incurred or assumed in the construction, operation and conduct of a golf club and related uses, as specified in Paragraph 4 above. 6. POSSESSION. Lessee shall be given possession of the above described property at the time of executing this Agreement of Lease in order to build, own, operate and conduct for the uses herein provided make a master plan of the premises showing the layout of the intended improvements, and make preliminary plans and specifications for the improvements to be constructed installed and erected upon the above described premises. 7. IMPROVEP4ENTS. Lessee shall have the right to make such alterations and improvements in and upon the leased premises as shall be reasonably necessary or appro- priate by which to possess and enjoy the leases premises for the uses herein provided. Lessor agrees to execute any and all easements for the purposes of constructing any 'utility, including, but not limited to, sewers, power, tele- phone, water and gas. All such buildings, improvements, and appurtenances in, on oz within the leased premises and which have been erected, installed or affixed during the term of this lease shall not be removed by Lessee without the con- sent of Lessor, it being the intent of the parties hereto that such buildings, improvements and appurtenances at the termination of this lease shall become the property of Lessor, free of any and all liens and encumbrances except as assumed by Lessor, 8. MAINTENANCE. Lessee. agrees to keep and main- taro the golf course in sufficiently good condition that the AGREEMENT OI' LEASE - P. 3 Lessor is not in violation of its agreement with Nu-Pacific Company, Inc., dated October 3, 1978. A copy of the Nu- Pacific agreement is attached hereto, and Lessee agrees to perform each obligation of Lessor contained therein, Lessor further assigns to Lessee the right of participation in its right of review and approval of the plans for the additional nine-hole golf course contained in that agreement, together with all other rights of the Lessor, 9. DEFAULT. If Lessee shall fail to build, operate, conduct and carry on a golf course in accordance with the use herein granted and in accordance with its purposes and objects of incorporation within one (1) year from the date of this agree- ment, Lessor shall, without notice in writing, have the right to declare this lease forfeited and cancelled. After Lessee has submitted to Lessor for approval, which approval shall not be unreasonably delayed or withheld, plans and specifications for the construction and improvement of the leased premises for the purposes herein provided, Lessee shall diligently pursue such work to completion so that said golf course shall be open for business not later than the 1st day of 3une, 1979, except as such date may be extended by the number of working- days lost by reason of strikes, fire, acts of God or other events beyond -the control of Lessee. Further, if Lessee is in default of any terms and conditions of the agreement of lease and fails or refuses after thirty (_30) days' written notice to perform or correct the con- ditions in which said lease is in defaults then this agreement shall be deemed terminated and forfeited and all rights of Lessee in and to the leased property shall thereupon be terminated, subject to the provisions of Paragraph 13 of this lease. If, within five (5) years of the date of this agree- AGREEMENT OF LEASE - P. 4 ' ment, an additional nine-hole golf course has not been con- structed by or on behalf of Lessor and leased to Lessee upon substantially the same terms and conditions as contained here- in, then Lessee may at its option terminate this lease without further obligation, of either party to the other. Such addi- tional nine-hole golf course must be in such close proximity to the premises leased herein as to enable Lessee to operate the two as an eighteen-hole golf course. No additional ren- tal shall be payable by reason of the lease of the additional nine-hole golf course. 10. DISCRIMINATION. Lessee, in the use of the lands herein leased, will not, on the grounds of race, color, or national origin, discriminate or permit discrim- ination to any person .or group of persons in any manner. To indulge or permit such discrimination shall constitute a breach and default of this agreement and may be cause for termination as provided herein. 11. INDEMNIFICATION AND INSURANCE. Lessee shall indemnify and save and hold harmless Lessor from and for any and all losses, claims, actions or judgments for damages or injury to persons or property and losses and expenses caused or incurred by Lessee, its servants, agents, employees, guests and other business invitees. However, Lessor cove- nants and agrees to indemnify and save and hold harmless Lessee from and for any and all losses, claims, actions, indebtedness. or judgments ifs after making the improvements as provided in Paragraph 7~ peaceable possession of Lessee of the leased premises is terminated and caused by a defect in title and ownership of any portion of the leased premises as herein describedr it being understood by both parties to this lease that Lessor's title to Tract 2 is contingent upon AGREEMENT OF LEASE - P. 5 ~ ~ Nu-Pacific Company, Inc.'s conveying to the City of Mer- idian per the agreement between those parties dated ~c~obeY .~ 1978. 12, COMPLIAPdCE WITH LAW. Lessee, at its sole expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities, and, at its sole expense, shall obtain all licenses or permits which may be required for the conduct of its business within the terms of this lease, or for making of repairs, alterations, improve- ments or additions, and Lessor, where necessary, will join with Lessee in applying for all such permits, 13. SURRENDER AP1D TERMINATION. Lessee shall, on the expiration, or the sooner termination as herein provided, of this lease, surrender to Lessor the leased property, including all buildings, replacements, additions and improve- ments constructed or placed by Lessee thereon, with all equipment in or appurtenant thereto, free from all liens, ` encumbrances and subtenancies and in good condition and repair, reasonable wear and tear excepted, Upon termination of this lease, Lessee, its suc- cessors and assigns, shall at all times execute, or cause to be executed, all necessary documents required to surrender leased property, including all buildings, replacements, addi- tions and improvements constructed or placed thereon by Lessee, its successors and assigns, with all equipment in or appurtenant thereto. 14. ASSIGNMENT P,ND SUBLETTING, Lessee shall not assign, transfer or sublet this lease, or any portion thereof, or any privilege hereunder, either voluntarily or involuh- tarily, without the prior written consent of Lessor, which AGREEMENT OF LEASE - P. 6 ~ ~ consent shall not be withheld unreasonably; except that Lessee may assign its right, title and interest in and to this lease agreement with right of reassignment, to its lender and to a Meridian local development company. 15. RENEWAL. Lessee shall have the option to renew this lease, on the same terms and conditions, for an additional term of thirty (30) years, provided Lessee is in full compliance with all of the terms of this lease at the time notice of intent to renew is given Lessor. Such notice of intent to renew shall be in writing and mailed to Lessor at the City Hall, Meridian, Idaho, on or prior to April 1, 2003. At the conclusion of such renewal term, Lessee shall have the further right to renew this lease, on terms and con- ditions agreeable to each party hereto, for successive addi- tional terms of ten (10) years each, provided Lessee is in full compliance with all of the terms of this lease at the time notice of intent to renew is given Lessor. Such notice of intent to renew shall be in writing and mailed to Lessor at the City Hall, Meridian, Idaho, on or prior to six (6) months prior to the end of any term. 16. GREENS FEES. Lessee agrees that it will not alter the greens fees charged the public withou*_ first con- sulting the authorized representatives of Lessor, it being the intent of both parties to the lease that greens fees for the leased premises shall at all times be competitive with similar public facilities. 17. BINDING EFFECT. This Agreement of Lease is binding upon the successors, assigns and subtenants of both parties. AGREEMENT OF LEASE - P, 7 IN WITNESS WHEREOF the parties have caused this Agreement of Lease to be executed by their duly authorized officers the day and year first above written. CITY OF MERIDIAN ATTEST; /- } -~i B / Y /~' ~ " CI CLERK ~ (~y0 "LESSOR" CHERRY LANE RECREATION, INC. ATTEST: ----~ ~ .. ~ ~, ~ SECRETARY By PRESIDENT "LESSEE" STATE OF IDAHO 1 ss. COUNTY OF ADA ) On this // _ day of , 197II, before me, the undersigne ,tea Notary Public in and for said State, personally appeared DON M. STOREY, known to me to be the Mayor of the CITY OF MERIDIAN, whose name is subscribed to the with- in instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian, and was duly authorized so to do. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. No ary Pub c for State of Idaho, Residing Meridian, Idaho. AGREEMENT OF LEASE - P. 8 STATE OF IDAHO I SS. COUNTY OF ADA ) -e On this ~~ day of ~c~~ti , 1978, before me, the undersigned a Notary Public in and for said State, personally appeared WALLACE D. LOVAN, known to me to be the President of CHERRY LANE RECREATION, INC., whose name is subscribed to the within instruments and acknowledged to me that he executed the same on behalf of the Cherry Lane Recreation, Inc., and was duly authorized so to do, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. c No ry Pub c for Stat of Idaho, Residing t Be+us, Idaho. AGREEMENT OF LEASE - P. 9 :" JiU-B ENGINEERS, IN `SOD Fr~nklln Roatl • Bolu, ia•no eJ7os Project: 7543-18 ' Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSE N0, 11 A PORTION OF THE N 1/2 SE 1/4, SECTION 3, _ T.3N., R.1W,, B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the N 1/2 of the SE 1/4 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more par- ticularly described as follows: Beginning at a point marking the Northeast corner of the said SE 1/4 of Section 3; ` thence South 61°14'35" West 499.02 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 31°00'00" East 100.00 feet to a point; thence South 54°00'00" West 180.00 feet to a point; thence South 66°00'00" West 200.00 feet to a point; thence South 83°30'00" West 433.26 feet to a point; thence South 79°45'00" West 260.25 feet to a point; thence South 57°00'00" East 20.00 feet to a point; thence South 83°15'00" West 400.00 feet to a point; thence South 65°23'33" West 78.68 feet to a point; thence North 19°36'38" West 100.00 feet to a point; thence North 69°00'00" East 15.08 feet to a point of curve; thence Northeasterly along a curve to the left 200.57 feet, said curve having a central angle of 33°18'35", a radius of 345.00 feet, tangents of 103.21 feet and a long chord of 197.76 feet bearing North 52°20'43" East to a point of ending of curve; thence South 54°18'35" East 73.51 feet to a point; thence North 65°00'00" East 78.00 feet to a point; thence South 57°00'00" East 20.00 feet to a point; 'T EXHIBIT "A" ~ ~ ~1=U-B ENGINEERS, IN 590 Fr~nklln ao.° • aoh., i°.no eras Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Course No. 11 thence North 77°00'00" East 325.00 feet to a point; thence North 82°00'00" East 390.00 feet to a point; thence North 76°30'00" East 305.00 feet to a point; thence North 65°15'00" East 145.00 feet ~o the point of beginning, comprising 5.03 acres, more or less. J Prepared by: it J-U-B ENGINEERS, Inc. Gary L. Rodenspiel, L.S. EWW(JAP:na `1:. ;;;': ~ tE • i ~, ..J-LI-e ENGINEERS, IN s°~~ Fr.nknn aoae • 9o~is, ie.no ea~os Project: 7543-18 Date: September 8, 1977 DESCRIPTION FOR CHERRY LANE VILLAGE GOLF COURSES 12 b 13 A PORTION OF THE E 1/2 SE 1/4, SECTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the E 1/2 of the SE 1/4, Sectlon 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northeast corner of the said E 1/2 of the SE 1/4 of Section 3; thence South 36°05'29" West 623.99 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 38°00'00" West 305.00 feet to a point; thence South 32°00'00" West 205.00 feet to a point; thence South 29°45'00" T1est 175.00 feet to a point; thence South 8°30'00" West 220.00 feet to a point; thence South 0°00'00" East 400.00 feet to a point; thence South 87°00'00" East 185.00 feet to a point; thence South 1°00'00" West 194.39 feet to a point; thence South 21°15'00" West 109.02 feet to a point of curve; thence Southeasterly along a curve to the left 207.80 feet, said curve having a central angle of 158°45'00", a radius of 75.00 feet, tangents of 399.79 feet and a long chord of 147.43 feet bearing South 79°22'30" East to a point of tangent; thence North 0°00'00" East 40.00 feet to a point; thence North 22°15'00" West 110.00 feet to a point; thence North 6°00'00" East 320.00 feet to a point; thence North 88°00'00" West 145.00 feet to a point; thence North 6°30'00" East 150.00 feet to a point; ~Ti. • __ -- - ~• :..1-U-B ENGINEERS, IN '907 Fr~nklln Ro~° • B°I~~, ia.no e»os i Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Courses 12 6 13 :j thence North 19°00'00":East 180.00 feet to a point; :~ thence North 3°00`00" East 260.00 feet to a point; thence North 35°30'00" East 250.00 feet to a point; thence North 22°45'00" East 265.00 feet to a point; thence North 65°45'00" West 60.00 feet to the point of beginning, comprising 4.96 acres, more or less. Prepared by: J-U-B ENGINEERS, Inc.. j i ,ctERED ( _ ~~ O" c~_o l q~Y 1. RODE~~~2 Gary L. Rodenspiel, L.S. ~ EWW/JAP:na i '~ Q1.. ~3 ~: ' x.1'1-1-8 ENGINEERS, IN `0~ franklln Roa° - Bm,~, io,o° e»os Project: 7543-18 Date: tSeptember 8, 1977 DESCRIPTION FOR CIiERRY LANE VILLAGE GOLF COURSES 14 THRU 17, A PORTION OF T1fE SE 1/4, SECTION 3, ` T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the SE 1/4 of Section 3, T.3N., R.1W., B.id., kferidian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Southeast corner of the said SE 1/4 of Section 3; thence North 43°59'32" West 622.10 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 86°28'00" West 143.88 feet to a point; 'thence South 83°08'00"West 328.98 feet to a point; thence North 85°22'00" West 165.85 feet to a point; thence North 73°58'00" West 145.93 feet to a point; thence North 62°40'00" West 156.09 feet to a point; thence North 52°38'00" West 154.62 feet to a point; • f thence North 67°52'00",.West 168.57 feet to a point; thence North 58°10'00" West 89.42 fee t. to a point; thence North 28°37'00" West 100.04 feet to a point; thence North 14°00'00" West 125.00 feet to a,point; thence North 87°19'00" West 125.00 feet to •a point; thence South 35°00'00" West 78.00 feet to a point;: thence South 16°30'00" West 110:00 feet to a„point; thence South 35°00'00" West 156.91 feet to a point; thence South .61°43'00" West 315.50 feet to a .point; thence South 49°21'00" West 157.00 feet to a point; ~: ;. r ' J-U-B ENGINEERS. IN ~~o~ F„~ku° Ro.° • ooh.., ia.n° ea~os Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Colf Courses 14 thru 17 thence South 80°18'00" West 80.78 feet to a point; thence North 37°47'00" Nest 79.68 feet to a point; thence North 0°09'00" East 111.92 feet to a point; thence North 32°50'00" East 231.74 feet to a point; thence North 30°03'39" East 225.00 feet to a point; thence North 44°15'00" East 137.90 feet to a point; thence North 54°45'00" East 283.52 feet to a point; thence North 41°11'55" West 106.78 feet to a point; thence South 66°45'00" West 166.25 feet to a point; thence North 57°12'00" West 68.36 feet to a point; • thence North 29°00'00" West 42.78 feet to a point; thence North 61°00'00" East 86.26 feet to a point of curve; thence Northeasterly along a curve to the left 93.20 feet, said curve having a central angle of 23°43'56", a radius of 225.00 feet, tangents of 47.28 feet and a long chord of 92.53 feet bearing North 49°08'02" East to a point of ending of. curve; thence South 53°27'00" East 100.63 feet to a point; thence North 81°34'29" East 389.33 feet to a point; thence South 44°47'48" East 41.29 feet to a point; thence South 20°30'00" East 80.00 feet to a point; thence South 13°53'29" West 148.29 feet to a point; thence South 11°15'00" East 25.4b feet to a point; thence South 43°59'35" East 152.65 feet to a point; thence South 69°30'00" West 20.00 feet to a point; thence South 1°00'00" West 100.00 feet to a point; ~~ • "' ..I-U-B ENGINEERS, 1N . -~3 Fr.nklln ao.a • eoiu, ~a•no e»os Project: 7543-18 Date: September 8, 1977 Page: 2 - Cherry Lane Village Golf Courses 14 thru 17 thence South 19°30'00" East 145.00 feet to a point; thence South 61°35'49" East 650.00 feet to a point; thence South 78°30'00",East 250.00 feet to a point; thence South 83°06'42" East 32$.97 feet to a point; thence South 4°30'00" East 34,77 feet to the point of beginning, com- prising 17.32 acres, more or less. Prepared by: J-U-B ENGINEERS, Inc. Gary L. Rodenspiel, L.S. EWW/JAP:na ~ ~ ' "..1-U-B ENGINEERS. III Franwue ao~o - 0as°, io.no e»os Project: 7543-18 Date: September 8, 1977 Revised: April 14, 1978 REVISED DESCRIPTION FOR CHERRY LANE VILLAGE LAKE AND CLUBHOUSE AREAS AND GOLF COURSES 10 AND 18 PORTIONS OF TIIE S 1/2 N 1/2 AND N 1/2 S 1/2, SECTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUPITY, IDAHO A parcel of land lying in portions of the S 1/2 of the N 1/2 and the N 1/2 of the S 1/2 of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northwest corner of the said N 1/2 of the S 1/2 of Section 3; thence South 89°25'06" East 2,077.73 feet along the Northerly boundary of the said N 1/2 of the S 1/2 of Section 3 to a point, also said point being the REAL POINT OF BEGINNING; thence South 0°29'44" West 335.18 feet to a point; thence South 51°45'00" East 580.00 feet to a point; thence South 35°00'00" East 285.33 feet to a point; thence South 22°15'00" West 60.05 feet to a point; thence South 43°58'10" East 238.75 feet to a point; thence South 29°00'00" East 110.00 feet to a point; thence North 61°00'00" East 81.19 feet to a point of curve; thence Northeasterly along a curve to the left 147.14 feet, said curve having a central angle of 48°10'23", a radius of 175.00 feet, tangents of 78.23 feet~and a long chord of 142.84 feet bearing North 36°54'46" East to a point of ending of curve; thence North 56°30'00" West 151.38 feet to a point; thence North 41°30`00" West 203.92 feet to a point; thence North 17°15'00" West 94.14 feet to a point; thence North 22°15'00" EasC 147.00 feet to a point; thence North 65°50'00" East 45.00 feet to a point; ,~ ~1-U-B ENGINEERS. INC. ^i Franklin Road • Ool~°, ~aano e»os Project: 7543-18 Date: September 8, 1977 Revised: April 14, 1978 Page: 2 - Cherry Lane Village Lake S Clubhouse Areas and Golf Courses 10 b 18 thence South 87°20'00" East 78.40 feet to a point; thence South 68°00'00" East 61.48 feet to a point; thence South 71°33'25" East 88.05 feet to a point; thence South 60°00'00" East 108.33 feet to a point of beginning of curve; thence Northeasterly along a curve to the right 139.32 feet, said curve having a central angle of 25°35'19", a radius of 311.95 feet, tan- gents of 70.84 feet and a long chord of 138.16 feet bearing North 56°12'20" East to a point of tangent; thence North 69°00'00" East 115.08 feet to a point of curve; N thence Northeasterly along a curve to the left 125.75 feet, said curve having a central angle of 24°25'22", a radius of 295.00 feet, tangents of 63.84 feet and a long chord of 124.80 feet bearing North 56°47'19" East to a point of ending of curve; thence North 44°00'00" West 79.63 feet to a point; thence North 67°45'00" West 160.00 feet to a point; thence South 65°50'00" West 244.67 feet to a poinC; thence North 50°30'00" West 114.35 feet to 'a point; thence North 44°00'00" East 90.00 feet to a point; thence North 17°00'00" West 175.00 feet to a point; thence North 12°00'00" East 280.00 feet to a•point; thence North 77°30'00" West 170.00 feet to a point; thence South 68°00'00" West 265.00 feet. to a point marking the Northeast corner of the SW 1/4 of the said Section 3; thence North 75°30'00" West 190.00 feet to a point;. thence North 40°00'00" West 40.00 feet to a point; thence South 75°59'31" Weat 70.00 feet to a point; >x • J-U-B ENGWEERS, {NCi. ~0] Fr~nklln NO~° • Bolp, 10~~°l3703 Project: 7543-18 Date: September 8, 1977 Revised: April 14, 1978 Page: 3 - Cherry Lane Village Lake & Clubhouse Areas and Golf Courses 10 6 18 thence South 25°00'00" West 64.19 feet to a point on the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3; thence North 89°25'06" West 254.51 feet along the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3 to the point of begin- ning, comprising 17.75 acres, more or less. Prepared by:. J-U-B ENGINEERS, Inc. \SIEFED t,~,~ ~J' /f 4``Vi~o . C FOF \~, q~Y ~. ROOEaS`i EWW/JAP:na Gary L. Rodenspiel, L.S. ~~ a u(,'T .t 191u /~(1 .~ P.C;RL;EMhPI9' M.nl)E THIS clay c;; ~/ 79'18, heft-7cen the C7'I'V OF MERIDIAN, TI).'~}}O, n ntnrici.pal cortor;i- t:ion, her.~i.n referred t~ a : Cit• anti ftul'11CT1'TC CC)I"I' r;;- corporation, having itr; principal place ~f hu:,iness at Fbrtl.arlcl, Greyon, her.~in rcaferrerl i:~ as Grantor. Rl:C'ITALS Grantor. is t.;tr_ owner and optirn~ holclcr of. certain }-e.-.,1 prr,:;~r.ty i.n 1=iin City cif P1ra-idian, Tcda Crnuity, ?.Inho, the lE`,r(: description of whi.ct-~ i.:; attached hereto as I'xhi},it: n. Said real propert:.y is currently tn':irul clcvc~loi~ed, ar,.:i f:l.ans for further development are conic>mhi<~t~cl, t:hc intir2t\- ~~t which shall. bc> knoem an Cherry Lane Village. As a part of and within Cherry h~r.c Vi 11~Z,},• the l:ra'~tar has substantially cornpleLed the construction o. a nano-`;ole o0'.1~ course, and a second nin'c-hole c:•:L-ension on ..r' i<; c~nl,~ course is planned for later. development.. .City and Grani:or have executed a ^I C'A1C)R1\i•IDUP1 OF U4D£:?:- a STl:iIDIP1G, a copy of whi.clt is attached herc+to as E_~hibit £, ur.dcr which the coo.rdinati.on and design of the initial nine holes of the' r~plf. rnur:>e, along with an under:rt.andinr ns to the transf,~r of the oomershi.p and mzintonance of such pis ~) municiE,al noif cour:;e, i.s.:;et fori.h. Un(Ic•r• Clti• t.uruc: uC lhc• h11:Mttl?/\ffUthy (ti' ti^1111:1?;;'I','\^TDI,I\'i: thr Grantor has submitted tlrc: plan:; for the irsi n.ino holes of the ' ' golf cour:~e to the City, and i.n t •rrn the City has approved such plans for construction and eventual Iran<afer-. The City nntl Crnnt:or now wirlt t~ ont,~r into t}tis P.yrecment L-or the tranr.fcr of all of thr. ;,; .r;... .:sture golf course property, ar: '• ~ ;.11 •: :.et ford; the ~; ht'. and oblicr;-; ions under suc_•}~t transfer of owner:-;hip. , -1- ~y ;;~,, ~--- /~ ~i/ j3 ~ ~`' .1 s. For the rearsons set forth above, and in con~iderat.ion of the promises of the parties hereto, and other good and valuably consideration, the recci.pt of whicl-i is 3eknowledged, the pa r. ties agree as follows: First Nine Ilol.es--Transfer. Immediately following the second cutting of the initial nine holes of the golf course, and following written acknowledge- ment to both parties hereto by. JUD Engineers, Inc. that the plans ' and specifications have been substantially complied with, Grantor shall transfer by quit claim deed and City shall accept title to the initial nine holes of the golf course property, the legal description of which is attached hereto as Exhibit C and made a part hereof by this reference, for the City's ownership and ' maintenance as a public municipal golf course. fn the event JUII Engineers specifies that a defect exists in the construction which does not substantially impair the use of the property as a golf course the transfer of ,title shall occur and Grantor shall immediately correct such defect at no cost to the City. .JUI3 Engineers shall be the final and bind- ing arbitrator with, regard to any dispute or determination made under this clause. Second Nine 11o1es--Transfer. As provided in the section below entitled "Contingency", Grantor. currently intends to design and construct nine additional hul~~:+ wlii.ul, :;t~~~l..t lu: i:unl.i,tuuur wl Lli L1~,: 1~,~,•:;,~nl. dull cuurac~ prolerty as described i.n I?xhibit C. Such additional holes will specifically be designed and constructed in ::uch a manner that such property, toget}ier with the initial nine-hole golf course, shall become one eighteen-hole golf course. Such additional. nine holes shall be designed and con- structed at no cost to the City, and upon completion of the second cnl-.ting, as set. forth belo~•~, the Gr.zntoi- shall transfer by ~iui t cl:~im i3,~i~ct, •.ind Chc~ Ci Cy r:h;ill. ;tccept title, said additional -2- - golf course property Lo be owned and maintained by the City; and further., together with the initial nine hole;, ;;hall be owned and maintained as an eighteen-hole public municipal golf course. second Nine lloles--Planning. Grantor shall submit drawings and plans to the City for the construction of tl,e additional nine holes. 47ithin thirty (30) days of its receipt of these draz:~ings and plans, City shall review them and approves the drawings and plan, in whole or in part. In the event of partial approval, and within such thirty (30} day period, t:he City shall submit: to Grantor. written proposals for changes in the drawings and plans. Within thirty (30) day, of the submission of these proposals for changes, the Grantor. shall review them and approve the proposals of the City=' in whole or in part. In the event of Grantor's partial approval of the proposals for changes, the matters which the parties are unable to agree upon shall be ~uhmitted to JUI3 Engineers who shall review the unresolved matters and make a final decision. Within a reasonable time thereafter. Grantor shall enter ~ into a contract, in the manner required by law and at no cost or liability to the City, f.or the construction and development of the remainder of the golf: course in accordance with the drawings and plans. ;r~roncl N inn 1[c~l ~~--Tn i t i n 1 P1;~n,~c}, mc~nt • 1•rom L-he per. io<I oL .inil.i~,l cc:,nr:L-ruct~on of the addition- al golf course property until the completion of the second cutting of said property, Grantor shall maintain and manage. th-~ additional s golf course property. ~[Ipon completion of the second cutting of the additional golf course property and before the property is P •~ deeded to the City, JUI3 rng.inec~rs shall make a final inspection -3- ~ ~ Lo ir,:~ura ghat: the clolf course m~:.ets t: he rr>n~t:ruction :;peci£i- cation. 1111 co.rrecti.ons which arc deemed t-ci he necesr,ary to bring the golf course into conformance witlc the construction specifications shall be made and paid for by Grantor. prior to the transfer of the golf course to the City. 7n the event JUt3 13ny:ineers specifics that a, defect exists in the construction which does not >ubst:antially impair the use of the property as a part of. the golf course the transfer of_ title shall occur-and Grantor shall immediately correct such defect at no cost to the City. .7013 Engineers shall be the final and binding arbitrator with regard to any dispute or determi- nation they make under. this Agreement. Contingency. Nothing in this Agreement shall be construed in any manner ss to compel the Grantor to design and/or construct such additional nine holes for. the golf course. Provided, however, that if Grantor exerci:;es its final option for the purchase and devcl.opment of the property encompassing Cherry Lane Village, as described in Exhibit A, it sha].1 be under an absolute obligation to construct and kransfer. said second nine holes. Furthermore, • if such second nine holes are designed and constructed by Grantor at any time in the future, and provided that City is not in default: under• the terms of this Agreement, this Agreement shall so bind Grantor to transfer to t:he City, and the City to accent, such property. Management and Maintenance Obligation. Following the transfer to L•he City of any or all of the property under. this Ayrecmcnt the City shall be wholly and com- pletely responsible for the management and maintenance of the golf course property, including any buildings constructed thereon, at no expense to the Grantor.' As such t}>,e City may contract with -~}- any third-party or part:ies for such management- and/or maint:e- Hance, bui_ shall remain solely responsible to the Grantor for such and the .Grantor may look exclusively to the City for any breach or default. Furthermore, t:he City agrees, at nn cost to the Grantor, that such management and maintenance of the property shall be at a standard of quality consistent with siui.ilar public municipal golf courses throughout the country. In that: regard th~~ City will cooperate with ;ome ind.iv.idual, golf agency or association, to be"agreed upon by t_he part-i.es, for. the inspection and review of the management- and maintenance of the golf. course, and to make certain recommendations to insure that such aforementioned standard of quality is met. Such inspection and review shall take place from time to time as deemed neces;;ary by those con- ducting the review, but shall. not Occur less than annually. In the event the parties cannot reach an agreement on the identi- fication of the alternative indivi.dtial, agency or association, BOB BALDOCK ANU SONS, the architect primarily responsible for the design of the golf course, shall make such designation and it shall be binding upon the parties unless otherwise mutually ~ agreed. The City aclcnow].e.dges that failure to maintain the golf cour•c property at the above set forth standard of quality may ' have a direct and detri.ment:al effect: upon the value of the Gra~:t~r' :;urroundinri hr~pc~rty. A:: ~ CnnsnryllCRC<' Grantor retains the right to have the golf course maintained at the standard of quality so determined. Any recommendation by such designated individual, agency or association with respect to management and/or maintenance shall. he Considered necessary to maintain the standard of quality intended by this Agreement unless the parties - 5- ~' nnri:wally a<Irc:e otherir~.sr', and any failure on thr~ part of tf~e City to sn rr,;iintain the p~mper.ty, following notice of such by tiro , Grantor, may be deemed a breach of contract by the Grantor. After providing not.icc: to t:he City that such maintenance is belo~•r the ck.si.gnatcd c;uality, i:he Grantor may, as set forth below under the :section entitled "Default", enter upon the property to unr~er- take any such maintenance acti.vi.ty; or., may declare the City in breach of r_ontract, i_n whi.ch case t-he L-itle to the property shall be revested in the Granter. Insurance'. During the period the City is responsible for the main- teriancc and operation of the golf course under the terms of this Agreement, t:he City sl-iall obtain and maintain at their sole expense, a policy of liability insurance for the joint and separate protection of the City and Grantor in the minimum amount of $500,000 for bodily injury or death of any one person and $1,000,000 for bodily injury or death of two or more persons in any one accident. or event, and in the minimum amount of $200,000 for damage to property r.c•~ulting from any one accident. The City shall also carry fire insurance on all structures in the amount ~ that it would cost to replace such structures. Certified copies of the above-described insurance policies <and all certificates thereof shall be furnished to the• Grantor. Term. >rxcept as provided in t:he section entitled "Assignment and Itepur.chase--Terms" herein, the term of t}ris Agreement shall be for as long as the Grantor or any transferee of Grantor, owns any property in the residential development known as Cherry Lane Village in Meridian, Adz County, Idaho or any property annexed or contiguous to Cherry Lane Village, and may be terminated any time earlier by mutual written consent of the parties. For purposes -6- of thin;,ser_ti.on, no road runni.ncl within Lhe properties, shall act to render. any of the properties nonconticluou~;. PJaiver o.f t3reach. The waiver by a party of any breach of any term con- tained in this Agreement shall not he deemed to be a waiver of such term for any subsequent or continuing breach of tt:e same or any other term. Default and )area,^h or Coptr:pct. Should the City fail :in any respect: to comply with the terms of this Agreement with rc:>pect to the management and main- tenance of the golf course property as set forth above; and further, should- the Grantor notify t:he City in writing specifying tine default asserted; nnd, should the City fail to take proper action to cure such default within thirty (30) days thereafter, the Grantor shall, at its sole discretion, retain the right to enter onto the golf course property to undertake proper mainte- nance, and/or may declare the City in breach of its contract and demand immediate return of the title to all. such property theretofore conveyed to the City under the term:., of this Agreement. Tf the Grantor declares sur_h breach of contract the City shall immedi- c ately convey the property, free and clear of all encumbrances, to the Grantor, and any obli.cfation on the part of Grantor to trans- fer .:n~ further properties under this Agreement not theretofore transferred shall be extinguished. I'7nd i f i r 7 t i n:~.~ , 'T'his Agreement may only be amended or modified by ;mutual written consent of both parties. I3uildinc~s. Nothing in this Agr.e~ment shall be construed or act to limit the City's right to construct, own, and/or operate, or ` allow such construction, ownership and/or ,operation of any build- ing on the subject property--in the area allocated for such on -7- ..l • tho recorded plat--for any nurpose con,i.stent with the owr.ers};ip, operation and maintenance of tl-~e golf course. Tlus right shawl include, but not be limited to, the construction and operation oY maintenance buildings, clubhouse facilities, restaurant, pro shop, drivi.ny range, or other recreational facility. As~~nment and R~urrhase--Terms, ' except as provided above in the section entitled "Management and Maintenance", unless agreed to in writing by Grantor--or. any transferee of Grantor--the City may not assign, gift, sell, hypothecate or in any manner transfer title of any of the property subject to t}~is 1lyreement; and, furthermore, may not use, operate or maintain such property for primarily any use other than a public municipal golf course during the term of this Agreement. Following such period of time and for fifteen years thereafter the Grantor shall. have a right of first refusal to purchase any or all of sr.rch property from the Cit:; if the City chooses to sell or transfer such property in a+ty m~:nner. The purchase price shall be determined by any verified bona fide offer to .purchase .by an .independent third party or at the then ~ current market price based upon the Grantor's MAI appraisal. Granto- shall notify the City of its intent to exercise such right cf first refusal within sixty (60) days of notice and ' verification of such offer or receipt by Grantor of such apprai.~ak. Grantor may assign any or all of its rights and obli- gations under this, Agreement, and notice of such shall be sent to the City. This Agreement shall be binding upon all adminis- trators, successors, heirs, assigns and transferees of any kind of the parties. . -£3- f ~~• T~Ioticc>. Any notice reclui.red under thi.:; Actreemcnt given by one party to the other shall be in wr.i.t.incl and shall be deemed given when delivered personally with a copy by certified mail or when mailed by cer.tif.ied mail i:o the following addresses, or other addresses the parties so designate in the manner set forth in this section: To Grantor.: P;uPacif:ic Company, Inc. P. O. lox l II 4 7 f3ell.evue, NA 9£3009 To City: Clerk of the City Council. City of 41er.idi_an , htcridian, ID II3642 At torney' s 1•'ce:; . In any action, suit or proceeding to enforce this I:greement or by reason of breach thereof, the prevailing party shall be entitled to recover. reasonable attorney's fees to be fixed by the court, including fees on appeal. Legal Descri_pt=i.on. If legal de:~cription or any exhibitor to this Agreement are erroneous, incomplet:c, or not attached at the time of execu- 0 tior, of this Agreement:, it i.s understood and agreed that it is the i:,tent of the Grantor to transfer property as afore described within the plat of Cherry Lane Village in Meridian, Idaho encompass- ing up to an eighteen hole golf course and appurtenant property. Such legal descriptions or exhibits may be ati:ached at any time durin~l the life of t:hi_s: Agreement. tJholc ngrecmcnl_- `~ Except as otherwise stated, all of the terms and con- ditions of this Agreement: between the parties hereto are stated herein and no representations or inducements have been made by either party other than those herein set forth. -9- IN NIITNESS WIII:RI:Or, the Grantor 1~as caused this docu- mer,t to be executed in i.ta name by its l,r.olx~r and fully authorized officers, and the City oi` Meri.dian has caused i:he same to be duly executed by its authorized represenL-atives, the date and year first above written. GRIIPJTOR: N~PnCIFIC COMP11y~Y, INC. ~ ~~ / ~' ~ ~r ~ V tsy :: - sTJ~TI; of ~~~__^ ) U ; c¢ ,PF~Sj~~~ i`- County of /~ ) -J`z ~ ((ll~~ On this ~~' clay of „1G~ 1~'ll~p/,L 1978 before me c'r~onall a P - ~ ~y p,~ear d ('or/~~ovU_C. C,r../•¢~ to me known. to be the ~1~,~~j+l}~~+,~, _ of NuPnCYL•'IC COMPi~NY t:h1t executed the within and-foreyoinq inrstrument, and acknowledged the said instru- ment to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated. that hejshe was authorized to execute s~1'id instrument. IN 4JITNhSS WIII?RIiOP', Z have hereunto set my hand and ~ official seal the day and y , r first a ve~rijae?r. i ~--~/j ;~~~~~~ oi= r P J1J iF i an] for the State, ~°~~~_l~__.. Residing at CITY OF MPRIllIAN, IDAIIO, a ~ nic'pal C`or~porat'on V t~1 Attest: C rl: of: the Cit Counci l -10- - ~ ~:XHIBIT. S i` hINM0EUINDUM OF UNDERSTANDING This Memorandum of Understanding by and between NuPacific Company, Inc. (hereinafter referred to as "Developer") and .the City - of Meridian, Idaho (hereinafter referred/to as "City")_is intended to set forth the, understanding between the parties relative to the design construction, ownership and maintenance of a golf course to ~, be constructed on Develo er's - p property in Meridian, Idaho known as ,~':, -~. Cherry Lane Village. The Developer intends to design and construct a nine hole golf course as a part of its Cherry Lane Village Development in ~ Meridian, Idaho. The entire cost of such design and construction, through the second cutting of such golf course will be born by the Developer. Upon completion of the second cut of the golf course the Developer will deed the golf course property over to the City for its ownership and maintenance as a public municipal golf course. ~~ The City intends to maintain the course at its own expense and at a standard of quality consistent with similar courses throughou the country. In that regard the City will cooperate with a certain .., golf agency or association, to be designated at a later date, to insure that the course is inspected and maintained at such afore- mentioned standard of quality. .The configuration and design of the golf course has been ,( dictated.by the placement of the lots within the development and approved by the City. The Developer intends to submit to the City ~.. the drawings and plans for-•phy~ical construction of the golf course" within the near future. The City respects the Developer's con- struction schedule and therefore agrees to review and approve the plans and designs within ten days following their receipt. f.., . -1- ~~ In the event the City wishes to suggest construction clrnn~lt~ri in Lhr• ~l~~l f cc~u the end of the ten days rsc~ r;uc:l~ c•h•uuli•:~ wi l l bc• submitted prior to review period. The developer may then either incorporate such changes into the plans or object. If objection is made by tt~e Developer to suggested changes by the City, the matte: will then be submitted to JUB Engineers for their determination. JUti ahall be the final arbitrator for any such change suggestions which are objected to by the Developer. Upon completion of the second cutting of the golf course, and before the property is deeded to the City, JUB Engineers shall make a final inspection to insure that the course meets the con- struction specifieat--ions . JU13 shall be the final inspector prior to such deeding over by the Developer, and the City will not be respon- sible for maintenance until any defects are corrected by the Bev- eloper to JUB Engineer's satisfaction, or to the specifications of the design. Following the City's. assumption of the golf course owner- ~hip the Developer will retain the right to have the course main- tained its proper standard of quality and will be allowed to enter on to the property to undertake such maintenance at the City's expense i}~ the event the City fails to do so, following reasonable ngtiar_ of Developer's intent to undertake Such action. w ~ It is both parties intent that this memorandum of under- standing act as the agreement between the parties until such time as a formal contract document is executed.by them. NuPacific Company, Inc. City of•Meridian By' ~ B . = ~' Date: ~ Z / ' ---,~~~ ~ Date: -2•- Y J-U-B E(~(-~1(~f^EA~, ~N~ O7 Franalin Road • O°ISe, Nano tST05 i' Project: 7543-06-1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October 14, 1977 Revised: rfarch 1, 1978 EXHIBIT A REVISION III DESCRIPTION FOR C~;EERY LANE Pf.~1NNED CO~L"IWITY OF KENT G. & MARY R. BARNEY AND JAr(ES tJ. b LOIS J. FULLER PROPERTY EXCLUDING FULLER'S AND BARNEY'S ROUSE PROPERTIES A PORTION OF SECTION 3, T.3N., R.1W., B.rf., ADA COUNTY, IDAHO; A parcel of land lying in Section 3, T.3N., R.1W., B.M., Ada County, Idaho, and more 'particularly described as follows: Beginning at an iron pin marking the Southeast corner of the SE 1/4 of the said Section 3, also said point marking the intersection of Cherry Lane and Ten Mile R^1<~d; tn.:.nce North 89°16'13" West 210.00 feet along the Southerly boundary of the.:~saa.3 SE 1/.4 of Section 3, which is also the centerline of Cherry Lane, to an iron pin, also said point being the REAL POINT OF BEGINNING; thence continuing North 89°16'13" tJest 2,439.62 feet along the Southerly boundary of the said SE 1/4 of Section 3, which is also the centerline of Cherry Lane, to an iron pin marking the Southwest corner of the said SE 1/4 of Section 3; . thence North 89°14`51" West 330.63 feet along the Southerly boundary of the SW 1/4 of the said Section 3, which is also the centerline of Cherry Lsne, to an iron pin marking the Southwest corner of the E 1/2 of the E 1/2 of the SE 1/4 of the said. SW 1/4 of Section 3; thence North 0°28'53" East 1,329.03 feet along the Westerly boundary of the said E 1/2 of the E 1/2 of the SE 1/4 of the 5W 1/4 of Section 3 to a point marking the Northwest corner of the said E 1/2 of the E 1/2 of the SE 1/4 of the SW 1/4 of Section 3; thence North 89°19'58" West 330.12 feet along the Southerly boundary of the E 1/2 of the NE 1/4 of tiie said SW 1/4 of Section 3 to an iron pin marking the Southwest corner of the said E l/2 of the NF. 1/4 of the SW 1/4 of Section 3; thence North 0°30'11" East 1,334.22 feet along the Westerly boundary of the said E 1/2 of the NE 1/4 of the SW 1/4 of Section 3 to an iron pin; thence North 88°55`29" WesC 1,977.76 feet to an iron pin on the Westerly boundary of the NW 1/4 of the said Section 3; • J-U-~ ENGIl~IEERS, IN~ 03 Ftanknn Roaa • BoH., Idaho 9373 Project: 7543-06-1 Dater September 3, 1975 . Revised: October 7, 1977 Revised: October 14, 1977 Revised: March 1, 1978 Page: 2 - Excluding Fuller's and Barney's House Properties thence North 0°38'27" East 2,021.05 feet along the Westerly boundary of the said NW 1/4 of Section 3, which is also the centerline of Black Cat Road, to an iron pin; thence South 89°23'04" Fast 1,042.02 feet to a point on the centerline of Eight Mile Lateral; . thence South 56°28'32" East 248.22 feet along the centerline of Eight Mile Lateral to a point of curve; thence Southeasterly along the said centerline of Eight Mile Lateral along a curve to the right 132.85 feet, said curve having a central angle of 13°07'25", a radius of 580.00 feet, tangents of 66.72 feet and a long chord'~f 132.56 feet bearing South 49°54'49" East to a point of tangent; _. _.,.. ti.ienc~~ South 43°21'07" East 398.04 feet along the said centerline of Eight _ailE La_t;eral to a point; ~, , .. thence South 37°32'35" East 273.07 feet along the said centerline of Eight Mile Lateral to a point on the Northerly boundary of the SE 1/4 of the sai~ NW 1/4 of Section 3; thence South 89°18'58" East 834.67 feet along the said Northerly boundary `' of the SE 1/4 of the NW 1/4 of Section 3 to an iron pin marking the Northeast corner of the said SE 1/4 of the NW 1/4 of Section 3; thence South 89°02'00" East 1,321.04 feet along the Northerly boundary of the SW 1/4 of the NE 1/4 of the said Section 3 to an iron pin marking the Northeast corner of the said SW 1/4 of the NE 1/4 of Section 3; thence South 0°26'04" West 1,053.70 feet along the Easterly boundary of the said. SW 1/4 of the NE 1/4 of Section 3 to an iron pin; thence North 89°33'56" West 94.59 feet to a point; thence South 0°26'04" West 202.46 feet along a line Westerly of and Para- llel to the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section 3 to a point;. thence South 89°33'56" East 74.59 feet to a point; thence South 0°26'04" West 87.02 feet along a line Westerly of and parallel to the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section 3 to a point;.. ...1-U-F3 EIVGlNEERS, I~ OJ f'ranklln Road • Oolte, ia,no a~~os Project: 7543- 06-1 Date: September 3, 1975 Revised: October 7, 1977 Revised: October 14, 1977 Revised: March 1, 1978 Page: 3 - Excluding Fuller`s and Barney's House Properties thence South 88°55'29" East 90.42 feet along a line Southerly of and• parallel to the Northerly boundary of ttie said SE 1/4 of Section 3 to a point; thence South 5°22'49" East 187.88 feet to a point; thence South 88°16'49" East 181. b4 feet to a point; thence North 0°19'11" East 208.75 feet along a line Westerly of and parallel to~the Easterly boundary of the said SE 1/4 of Section 3 to a point on the said Northerly boundary of the SE 1/4 of Ser,tion 3; thence South 88°55'29" East 1,051.00 feet along the said Northerly boundary of the SE 1/4 of Section 3 to an iron pin marking the Northeast corner of the said SE 1/4 of Section 3; th1nc~ South 0°19'11" West 1,075.14 feet along the said Easterly boundary of the SE 1/~4 of Section 3, which is also the centerline of Ten Mile Road, to an iron pin; thence North $9°40`49" West 487.61 feet to a point on the centerline of Rd'tledge Lateral; ' thence South 71°15'16" East 63.15 feet along the said centerline of Rut- ledge Lateral to a point; • thence South 70°35'51" East 357.24 feet along the said centerline of Rutledge Lateral to a point of curve; thence Southeasterly along the said centerline of Rutledge Lateral along a curve to the left 18.41 feet, said curve having a central angle of 8°18'20", a radius of 127.00 feet, tangents of 9.22 feet, and a long chord of 18.39 feet bearing South 74°45'01" East to a point of tangent; thence South 78°54'11" East 73.61 feet to a point on the Easterly boundary of the said SE 1/4 of Section 3; thence leaving the said centerline of Rutledge Lateral South 0°19'11" West 117.32 feet along the said Easterly boundary of the SE 1/4 of Section 3 town iron pin; thence South 89°58'55" West 255.90 feet to an iron pin; thence South 0°19'11" West 170.11 feet along a line Westerly of and parallel to the said Easterly boundary of the SE 1/4 of Section 3 to an iron pin; V • J-i..~-B ENGINE=ERS. IN iQ~ fr~nMlln soul • do~,~, ~aano eJ7os Project: 7543-06-1 Date: September 3, 1975 Revised: .October 7, 1977 Revised: October 14, 1977 Revised: Pfarch 1, 1978 Page: 4 - Excluding Fuller's and Barney's House Properties thence North 89°58'55" East 255.90 feet to an iron pin on the said Easterly boundary of the SE 1/4 of Section 3; thence South 0°19'11" West 805.32'-feet along the said Easterly boundary of the SE 1/4 of Section 3 to an iron pin; thence North 89°16'13" West 210.00 feet along a line Northerly of and parallel to the said Southerly boundary of the SE 1/4 of Section 3 to an iron pin; thence South 0°19'11" West 320.00 feet along a line Westerly of and parallel to the said Easterly boundary of the SE 1/.4 of Section 3 to the point of beginning, comprising 330.16, acres, more or less. Prepared by: J-U-B~ENGINEERS, Inc. /~~ERED (qf/ ~ ~' O ~`` ~~~V E YO,Q ~~w \y ~. ROO~~S/ Gary L. Rodenspiel, L.S. DMP/JAP:na „tl .Frojc•ct: 7543-18 Date: 5~i~trn-b~~r 8, 1977 Revised: ~~prtl 14, 1979 . Eft{IBIT C _ RGVISED ' DESCRII'TIOV E'OR ' CIiEF.I.Y LA;lG VILL,ICE LAI:E AND CI.L11IIt0USE ARG\S -' A:SD GOLF COUf:SES 10 ~l,`~D 18 PORTIONS OF T}i~ S 1/2 N 1/2 ANll V 1/2 S 1J 2, SECTION 3, • T. 3N. , R. 1W. , B.rt. , PIERIDIAN, ADA COUNTY, ZDAIIO A parcel of land lying in portions of ttie S 1/2 of the N 1/2 and the . N 1/2 of the S 1/2 of Section 3, T.3N. , R. lld. , B.I'1., `ieridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northwest~•corner of the said N I/2 of the S 1/2 of Section 3; I thence South 89°25'06" East 2,077.73 feet along the Northerly boundary of the said N 1/2 of the S 1/2 of Section 3 to a point, also said point 'being the REAL POZNT OF BEGI:NIi3G; • •LR~i~ce South 0°29'44" West 335.18 feet to a point; Q thence South 51°45'00" East 580:0`0 feet•to a point; • t'~ence youth 35°00'00" East 2$5.33 feet to.a point; D tth~erce South 22°15'00" West 60.05 feet to a point; thence South 43 58 10 East 238.75 feet to a point, thence South 29°00'00" East 110.00 feet to a point; thence North 61°00'00" East 81.19 feet to a point of curve; thence Northeasterly along a curve to the left 147.14 feet, said curve having a central angle of 48°10`23", a radius of 175.00 feet, tangents of 78.23 feet and a long chord of 142.84 feet bearing North 36°54'46" East to a point of ending of curve; • thence North 5G°30'00" West 151.38 feet to a point; t}ience North 41°30'00" West 203.92 feet to a point; • thence North 17°15'00" West 94.14 feet to a point; thence North 22°15'00" East 147.00 feet to a point; thence Ncrth G5°50'00" I'a st 45.00 feet to a poinC; ~J-l_.1""LS E=NC_~+[V f;ta-1~i. IIVL,;• ;tlU~ r'ranw~In cioaa • (tol,~, id.no 0)7os Project: 7543-13 Date: Scptcnil~cr 8, 1977 Revised: April 14, 178 ,• PaEe: 2 - C}~crry Lanc Village L.1ke ~ Clubhouse Areas and Colf • ~ Courses 10 b 18 • thence South 87°20'00" East 78.40 feet to a point; • Chence South 68°00'00" East 61.48 feet to a point; thence South 7i°33'25" East 88.05 feet to a point; thence South 60°00'00" East 108.33 feet to a point of beginning of curve;" thence Northeasterly along a curve to the right 139.32 feet, said curve having a central angle of 25°35'1 9", a radius of 311.95 feet, tan- gents of 70.84 feet and a long chord of 138.16 feet bearing North 56°12'20" East to a point of tangent; ' thence North 69°00'00" East 115.08 feet to a point of curve; thence Northeasterly along a curve to the left 125.75 feet, said curve having~a'central angle of 24°25'22", a radius of 295.00 feet, tangents of 63.84 feat and a Long chord of 124.80 feet bearing North 56°47'19" East ~ to apoint ofl ending of curve; 0 • rhe~ce North 44°00'00" West 79.63 feet to a point; thence North 67°45'00" West 160.00 feet to a point; thence South 65°50'00" West 244.67 feet to a point; thence North 50°30'00" West 114.35 feet to a point; ' thence North 44°00'00" East 90.00 feet to a point; thence Nort}i 17°00'00" West 175.00 feet to a point; thence North 12°00'00" East 280.00 feet to a point; L•hence North 77°30'00" West 170.00 feet to a point; tlicnce South 68°00'00" jdest 265.00 feet to a point marking the Northeast corner of t}ie SI.7 1/4 of the said Section 3; t}pence North 75°30'00" West 190.00 feet to a point; thence 2lorth ~i0°00'00" West 40.00 feet to a point; thence South 75°59'31" West-70.00 feet to .Z poinC; '~. • ~ ~, w 1 ~ ~ m .. - ~~%~ Project: 7543-18 Date: Scptrn+bcr 3, 1977 Revised: A~~ril 14, 1978 Page: 3 -Cherry Lane Village Lake & Clubhouse Areas And Colf Courses 10 5 18 • thence South 25°00`00" jtiest 64.19 feet 'to a point on the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3; thence North 89°25'Ob" Wost 254.51 feet along the said Northerly boundary of the N 1/2 of the S 1/2 of Section 3 to the point of be~in- ning, comprising 17.75 acres, more or less. Prepared by: '~' '~•~ • J-U-B. ENGINEERS, Inc. O • EWW/JAY:na D U .. Gary L. Rodenspiel, L.S. • • ~ ~-~..~-B ENGINECRS. IN s~o~ F~,~Kn~ po.d • 0°I~a, ia.no a»os / ~ • Project: 7543-18 Date: September 8, 1917 Page: 2 - Cherry Lnnc Village Golf Course No. 11 thence North 77°00'00" East 325.00 feet to a point; thence, North 82°00'00" East 390.00 feet to a point; thence North 76°30'00" East 305.00 feet to a point; thence North 65°15'00" East 145.00 feet to the point of beginning, comprising 5.03 acres, more or less. Prepared by: J-U-B ENGINEERS, Inc. .S1ER~D l.gti., v .Y 0 D • • EWW/JAP:na ~( i Gary L. Rodenspiel, L.S. .~-IU-B EIVGIiVEERS, I~. 390J Fra~klh Roaa ~ soli., iaan° eJ7oa Project: 7543-18 Date: September 8, 1977 Revised: September 27, 1978 REVISED DESCRIPTION FOR CHERRY LA1VE VILLAGE GOLF COURSES 12 & 13 A PORTION OF TiIE E 1/2 SE 1/4, SECTION 3, T.3N., R.1W., B.M., MERIDIAN, ADA COUNTY, ZDAHO (~ 0 p A parcel of land lying in a portion of the E 1/2 of the SE 1/4, Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northeast corner of the said E 1/2 of the SE 1/4 of Section 3; thence South 36°05'29" West 623.99 feet to a point, also said point being the REAL POINT OF BEGINNING; thence South 38°00'00" West 305.00 feet to a point; t en;:=~ South 32°00' 00" West 205.00 feet to a point; thence South 29°45'00" West 175.00 feet to a point; thence South 8°30'00" West 220.00 feet to a point; thence South 0°00'00" EasC 400.00 feet to a point; thence South 87°00'00" East 185.00 feet to a point; thence South 1°00'00" West 194.39 feet to a point; a thence South 21°15'00" West 109.02 feet to a paint of curve; thence Southeasterly along a curve to the left 263.44 feet, said curve having a central angle of 201°15'00", a radius of 75.00 feet, no tangents and a long chord of 147.43 feet bearing South 79°22'30" East to a point of tangent; thence North 0°00'00" East 40.00 feet to a point; thence North 22°15'00" West 110.00 feet to a point; thence North 6°00'00" East 320.00 feet to a point; thence North 88°00'00" West 145.00 feet to a point; thence North 6°30'00" East 150.00 feet to a point; ..1=U-B ENGWEERS, INC. 590J FranMlln ao.a • 60~~., ia.no aa~os Project: 7543-18 Date: September 8, 1977 Fcvised: September 27, 1978 Page: 2 - Cherry Lane Village Golf Courses 12 & I3 thence North 19°00'OU" East 180.00 feet to a point; thence North 3°00'00" East 260.00 feet to a point; thence North 35°30'00" East 250.00 feet to a point; thence North 22°45'00" East 265.00 feet to a point; thence North 65°45'00" Tdest 60.00 feet to the point of beginning, comprising 5.37 acres, more or less. . Prepared by: ~s 0 p Gary L. Rodenspiel, L.S. EWW/JAP:cc 3-U-B ENGINEERS, Inc. `J-~,J~^ p ~IVhII~iLL--ij, IN 59oJ r ru~kun NoaO • uotre, r°. (o eJwa . ' . • ' (~ Pro~cct: 7543-18 Date: September 8, 1977 DESCI'.IPTIO:i FOR CIII:RRY LA,~iE VILLAGE GOLF COURSES lei TIIF.U 17, A PORTION OF Tlii; SE 1/4, SECTION 3, T.3N., R.1W., B.M., 1`I}RTDIAN, ADA COUVTY, IDt11i0 A parcel of land lying in a portion of the SE 1/4 of Section 3, T.3N., R.1W., B.i•1., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Southeast corner of the said SE 1/4 of Section 3; thence North 43°59'32" West 622.10 feet to a point,. also said point being the .REAL POINT OF BEGINNING; thence South S6°28'00" West 143.88 feet to a point; 0 thence South 83°08'00" West 328.98 feet to a point; tt:endd North 85°22'00" West 165.85 feet to a point; ~heiic~ North 73°58'00" West 145.93 feet to a point; p ~l thence North 62°40'00" West 156.09 feet to a point; thence. North 52°38'00" West 154.62 feet to a point; thence North 67°52'00" West 168.57 feet' to a point; thence North 58°10'00" West 89..42 feet to a point; thence North 28°37'00" thence North 14°00'00" thence North 87°19'00" thence Soutli 35°00' 00" thence South 16°30'00" thence South 35°00'00" thence South Gl°43'00" thence South 49°21'00" West West West West West West West West 100.04 125.00 125.00 78.00 110.00 156.91 315.50 157.00 feet to a point; feet to a point; feet to •a point; Eeet to a point; feet to a point; feet to a point; feet to a point; feet to a point; V-l_.J-(~ Livvnv`L.!-», ~~V av~Jrr~nMnn-to~a•uoi~~.t°~no°Jlua •' . • Project: 7543-18 Date: September 8, 1977 Fnge: 2 - Cherry Lane Village Colf Courses 14 thru 17 ,~ thence South 80°18'00" West 80.78 feet to a point.; thence North 37°47'00" idest 79.68 feet to a point; thence North 0°09'00" East 171.92 feet to a point; thence North 32°50'00" East 231.74 feet to a point; thence North 30°03'39" East 225.00 feet to a point; thence North 44°15'00" East 137.90 feet~•to a point; thence North 54°45'00" East 283.52 feet to a point; thence North 41°11'55" West 106.78 feet to a point; thence South 66°45'00" West 166.25 feet to a point; O .. `, thence North 57°12'00" West. 68.36 feet to a point; • the::ce North 29°00'00" West 92.78 feet to a point; ,"~c,. ,. thence North 61°00'00" East 86.26 feet to a point of curve; thence Northeasterly along a curve to the left 93.20 feet, said curve having a central angle of 23°43'56", a radius of 225.00 feet, tangents of 47.28 feet and a long chord of 92.53 feet bearing North 49°08'02" East to a point of ending of curve; thence South 53°27'00" East 100.63 feet to a point; thence North 81°34'29" East 389.33 feet to a point; thence South 44°47'48" East 41.29 feet to a point; ' thence South 20°30'00" East 80.00 feet to a point; thence South 13°53'29" West 148.29 feet to a point; thence South 11°15'00" East 25.46 feet to a point; thence South 43°59'35" East 152.65 feet to a point; thence South 69°30'00" West 20.00 feet to a point; thence South 1°00'00" West 100.00 feet to a point; a ~~ • ._. ._.. _. ,......... ., u.u Done. 7Oaho aJ705 Project: 7543-18 Date: September 26, 1978 5 TEMPORARY I;IC,:iLSS-EC1L;SS EASI:.`fE.vT N0. 1 DI:SCRIPTI0;7 Full ` CIi~RRY LA:lE VILLAGE A PORTIO~J OF TIIE PtE 1/4 SE 1/4, SECTION 3, T.3N., R.1W., B.M., ZfERIDIAW, ADA COUi~TY, IDAIiO ' A 40-foot temporary ingress-egress easement Iying 20.00 feet Southwesterly of and 20.00 feet Northeasterly of and adjacent to .the following described cen- terline; Beginning at the Southeast corner of tha SE 1/4 of Section 3, T.3N., R.lW., B.M., Meridian, Ada County, Idaho; 0 thence North 0'19'11" East 2,643.15 feet along the Easterl boundar said 5E I/4 of Section 3 to a point marking the Northeast corner of the said the SE 1/4 of Section 3;~ thence Sauth SO°21'44" West 578.49 feet to a point, also said point being D the REAL POINT OF BEGINiiI`iG; %{ . hence Sauth 24°43'18" East x62.73 feet to the point of ending of the above described ~c'er?f'erline. .G v.: s1D P_C~ _PYe: Prepared by: J-U-B ENGINEERS, Inc. .. c~S~ER~(A//n ir. -qli~ -,7 `~~ C E OF .,~~ '\rt. Roo~y~ Gary L. Rodenepiel, L.S. ' EWW/RPR : dta J-~-B ~NGIPvEERS, I~ sooi F,anwun Novo - eoisa, tdm„ epos Pro) cct : 7543-IS Data: September 26, 1978 T~~OZARY I:JGR)'sSS-3:GRI:SS EASL~IE;1T ,IO. 2 AI:SCRIPTIO;J FOR CIiER?~Y LA.'tE VILLAGE PORTION OF T!!E lJIJ 1/4 5E 1/4, SECTIO:i 3, T. 3:I. , R.1W. , B.M. , 'tERIDIAN, ADA COUNTY, IDAIlO A 40-foot temporary ingress-egress easement lying 20.00 feet Southwesterly of and 20.00 feat Northeasterly of sad adjacent to the following described cen- terline; Beginning at the Northwest corner of the SE 1/4 of Section 3, T.3N., R.1W., B.M., Tieridian, Ada County, Idaho; O thence North 88'55'29" West 2,643.29 feat along then Northerly boundary of the said SE 1/4 of Section 3 to a point marking the Northwest corner of the said SE"1~4 of Section 3; ec"`' .,. 1: , thence South 13°28'47" East 1,258.43 feet to a point, also said pout beL~g the RF.~.L'~O~ItiT OF' BEGINNING; ~" ~ thcnt.e South 37°01'51" Eaasst ~~,50 feet to the point of ending of the above dascrlbe'~"~ea>~erlina. ;agcy a4e~ 'en Prepared by: J-U-B E.~GI:rcERS, Inc. ~.S~EREO I~J~~_ ~J~ v qj9:6 \l~ c~~r t. Roo~~y~ Garq L. Rodenspiel, L.S. EWLi/ICFii : do ' .~-u-8 ECVG~N~ERS, ~N1~~903 Fr.nkun Road 8o~ss, IaahO eJ705 Project: 7543-IS Date: Sept~cr 26, 197E TIiiPO.RARY I';G:LI;SS-EGRESS F.ASE'SE:iT N0. 3 DLSC2IP'TIO;i FOIL CIIL ,FAY I./'L;E VILLAGE PORTIOY Or TiIT: :I'.J 1!4 SE 114, SIiCiIOti 3, T.3;i. , R. 1W. ,, I3.M. , MERI~IA,*J, ADA COU:iTY, IDAIiO A 40-faot teaporary ingress-eErese easement lying 20.00 feet Southwesterly of au~i 20.00 feet *Jortheasterly of and ad1acent to the following described cen- terline; Beginning at thQ northeast corner of the SE 1/4 of Section 3, T.3-1., R.1W., B.a., Ada County, Idaho; thence tlorth 88°55'29" West 2,643.29 feet along the Northerly boundary of the said SE 1/4 of Section 3 to a paint marking the I3orthWest corner of the said SL 1/4 of Section 3; ::3 _ .. C::, ,. Y~thfnc~:-~quth 51'00'07" East 96U.70 feet to a point, also said point being tha READ. PCZaT OP BECIN*iZNG; <.~~~.h~ce_F.Sauth 31°03'01" East 50.82 feet to the point of ending of the. above described centerline. Prepared by: J-U-B E:1GI~ERS, Inc. .~``~\Si~vEO lq ~ .•. . i 9~~ p~ ~ . •c 0'E ~ ~~ \r ~. R ODE~SQ Gary L. Rodenapiel, L.S. £~GT/KFR : dm . ..1-t.1-B, ENG1(VEEf-~S, 1 590.1 Fnrtkkn Road • Bolse, Idaho BJ705 Project: 7543-18 Uute: Septcluber 26, 1918 TE:IPORARY I:7G',tF,SS-EGRESS EASEi1ENT N0. 4 UESCRIPTIOV FOR CHERRY LAirE VILLAGE PORTIOil OF TiIE SE 1/4 SE 1/4, SECTION 3, . T.3ti., R.2SJ., B.A1., MERIDIAN, ADA COUNTY, IDAHO A 40-foot temporary ingress-egress csasement lying 20.00 feet Southwesterly of and 20.00 feet Norttieaeterly of and adjacent to the following described cen- terline; Beginning at the Northeast corner of the SE 1/4 of Section 3, T.3N., R.1W., B.a., .feridian, Ada County, Idaho; thence South 0'19'11" West 2,643.15 feet along the Easterly boundary of. the said SE 1/4 of Section 3 to a point marking the Southeast corner of the sa~d"SE 1/4 of Secti'~i~'3; ~:e". EJi thence North 46x07'05" West 7013.95 feet to a point,.also said point being the F~~~INT OF BEGINNING; ...~r `0` ~Q _ - L F-Qi:. D thence North 19'33'52" West 57.18 feet to a point of ending of the above described re~~erline. '`~'~' ` . es~._: ~d Cdr` . . ~1 EWW/KFR:dm Prepared by: J-U-B ENGINEERS,. Inc. ' /FRED ~ D ~ ..~~t/-E Y~ ~• ~, 2~ s 9 c~K ~ n~ C 04 ~~~ \r~. Roo~~'s~ Garq L. Bodenspiel, L.S. a J;'~-B iNG~t~IEEi=7S, I~ 500] Franklin aoae [lo~t~, beano 937os • Pro)ect: 7543-18 Date: September 2G, 197u T~•iPORARY ACCESS A:~D PAr.3:IVG EASE:LE:fT DLSCRIPTZO:d FOR - CiiL•RRY LA2~E VILL<'~GF PORTION OF Ttilr N 1/2 S 1/2, SECTIOY 3, T.3;1. , R.llr. , B.a. , PfERIDIA.v, ADA COUNTY, IDAHO A temporary access and parking easement lying in the N 1/2 of the S 1/2 o~.._Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Zdaho and more parti- cularly described as follows: Beginning at the Northeast corner of the said S 1/2 of Section 3; thence 2r'orth 38°55'29" West 2,643.29 feet along the Northerly boundary O of the said S 1/2 of ::&ection 3 to a point marking the Northwest corner of the SE 1/4 of the said Section 3; r. ~tt.hence South 59'37'17" West 651.55 feet to a point, also said point being the REA:. YOIti1T OF BEGIti'NING; p thence. South 0°29144" West 110.21 feet 'to a point; ~n^s Gn. thence South 68'54'11" EaDt 169.56 feet to a point of curve; -thence Southeasterly along a curve to the right 59.46 feet, also said curve having a.central angle of 34°04'10", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51°52'06" East to a point of tangent; thence South 34°50'01" East 451.00 feet to a point; thence South 56'00'00" West 245.82 feet along a line 60.00 feet Northerly of and parallel to the Northerly boundary of Cherry Lane Village No. 1 Subdi- vision, as filed for record in the office of the Ada County Recorder, Boise. Idaho, in Book 44 of Plats at pages 3537 through 3539 to a point; thence South 34°00'00" Eaet 60.00 feet to as angle point on the said Portherly boundary of Cherry Lane Village No. 1 Subdivision; thence Nortli 56°00'00" East 305.46 feet along the said Northerly boundar3t of Cherry Lane Village No. 1 Subdivision to a point marking the Northeast cor- ner of Lot 2 of Block 9 of the said Cherry Lane V111age Yo. 1 Subdivision; thence South 43'58'10" East 75.57 feet along the Northeasterly boundary of the said Cherry Lane Village No. 1 Subdivision to a point; ~..~-~-L7 cNCINEERS, ~~(~. 5901 Franklin Hoaa Oo1ie, Idaho eJ705 ~~. Project: 7543-13 Date: Septe~iher 2fi, 1~I78 Pale: 2 - Temporary Access ~ Parking Easenei~t for Cherry Lane Village thence North 22'15'00" East 60.05 foot *_o a point; thence North 35°00'00" Weat 285.33 feet to a point; thence North 51'45'00" Weat 530.00 Feet to the point of beginning,' comprising 1.93 aczea, Wore or lees. Prepared bys J-U-B Et1GINEERS, Inc. •. . - ~, r ' PIO~R•TITLE COMPANY a& , OF ADA COUNTY 821 West State Street /Boise, Idaho 83702 (208) 33b-6700 888 North Cole Road /Boise, Idaho 83'704 (208) 377-2700 = G~clsa~~ ...._ ..,~_4:~ pIpNEER TITLE . ,.. U,: .. .., ..,,~ 'S~ ('44hff?~1 1~ i`; 'i 22 rL:O_~l~_-;.. _ SPACE ABOVE FOR RECORDING DATA P-13685 JB ~3C11?Z15?O~A~?OI.~6S?PJ~I ~?!~?Gl~~~?U~,~~A~.~~.~' 7.~A.~~JAI.1,~iit.~,(~.~~?~inA.~?Q?~~~~i~?t11>~At.?.l~?bU ~~' CORRECTION ~~ QUITCLAIM DEED ~~ ~~ FOR VALUE RECEIVED JAMES W. FULLER and LOIS JEAN FULLER, AKA LOIS J. FULLER, husband and wife, do hereby convey, release, remise and forever quitclaim ~~ unto CITY OF MERIDIAN, an Idaho municipal corporation, whose address is: 33 East Idaho Avenue, Meridian, Idaho 83642 the following described premises, to wit: See the Attached Exhibit "A" for legal description, which by this reference is incorporated herein. THIS CORRECTION QUITCLAIM DEED IS FOR THE PURPOSE OF CORRECTING THE LEGAL DESCRIPTION FOR CONVEYANCE OF PROPERTY, WHICH WAS RECORDED UNDER THAT CERTAIN SPECIAL DEED, RECORDED JUNE 7, 1994, UNDER INSTRUMENT N0. 94053196.. THIS CORRECTION QUITCLAIM DEED HAS BEEN REVIEWED AND ACCEPTED BY THE CITY OF MERIDIAN. B together with their appurtenances. Dated: March 13, 1995 . ~y STATE OF Idaho ,County of Ada ~ CGS On this ~c3 - day of March in the year of 1995 , before me _ " bli ...~ ,. . a notary pu c. persoriaily'appeared,' "'•James W. Fuller and Lois Jean Fuller ~ kno " OX ldeptilied to ,me to be the person(s) whose names O are ~ subscribed to the within ~^ ,~+ ~-~ acknowledged to me that t he Y executed the same. w, ~S Irry: s .. ,~ ~ Notary Public: r ic:•: ' 'w ~ c,, , : Residing at: .,.,~ ~ w ~ y~ ~. ' My Commission Expires: ~-/,P-9~ \l ~•.": , 1 C flCc1QC1~11~11~f>~f~iZ 11 L 1~l['l~Ll l~ r~~[ ]1P~1~Ll~fl '1 1 l1 l1`Cffl~lc"jt)i1~V711`QL~i1~G1c1~4i'1~LI4(14i1 11 il~'CS~fI .~.. ENGI,y G\J~v f ~ N HUBBLL~NGtNEERiNG, iNC. ~ ~9 Ay 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 20g/378-0329 UR Project No. 93082 January 13, 1995 Ashford Greens Golf Course ~ CORRECTED CHERRY LANE GOLF COURSE PARCEL (BOUNDARY REVISED AND RIGHTS-OF-WAY OMITTED) A portion of SW1/4 of the ~NW1/4~of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East, 2651.19 feet to the. quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence 'North 0°38'27" East 22.64 feet to a 5/8" iron pin; thence South 88°55'31" East, 379.53 feet to the REAL.POiNT OF BEGINNING. Thence North 5°39'31" East, 290.28 feet to a point; thence 46.45 feet along the arc of anon=tangent curve to the right, having a radius of 250.00 feet, a central angle of 10°38'46", and a long chord bearing South 49°22'43" East, 46.39 feet to a point; thence South 44 ° 03'20" East, 136.41 feet to a point; . thence South 8 ° 18' 10" East, 165.80 feet to a point; thence North 88°55'31"West, 182.65 feet to the Point of Beginning. Containing 0.82 acres, more or (ess. AND ALSO: A portion of Government Lot 4 and the SW1/4 of the NW1/4 of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East, 2651..19 feet to the quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0 ° 38'27" East, 2697.49 feet; thence North 0 ° 38'27" East 22.64 feet to a 5/8" iron pin; thence South 88°55'31" East, 834.71 feet to a point; thence North 1°04'29" East, 77.45 feet to the REAL POINT OF BEGINNING. Page 1 of 6 Thence 199.31 feet along the arc of a curve to the right having a radius of 270.00 feet, a central angle of 42°17'41" and a long chord bearing North 65°12'11: West, 194.81 feet to a point; thence North 44°03'20" West, 198.06 feet to a point; thence North 3 ~ 8'05" East, 125.90 feet to a point; thence North 4°26'20" West, 178.94 feet to a point; thence North 49 ° 13'43" West, 619.18 feet to a point; thence North 89°21'33" West, 39.72 feet to a point; thence North 0°38'27" East, 178.61 feet to a point; thence South 89°21'33" East, 104.94 feet to a point; thence North 26°46'55" East, 463.73 feet to a point; thence North 13°05'08" East, 186.18 feet to a point; thence South 89°23'04" East, 221.37 feet to a point; thence South 0 ° 36'56" West,' 30:00' feet to a .point; thence North 89°23'04" West,_ 114.43 feet to.a point; ~.... _ thence South 10°38'11"West, 162.48 feet to a point; - - ~ . thence South 5 ° 36'09" East, .160.95 feet to a point; .. thence South 48°58'55" West, 66.41 feet to a point; thence South 10°49'04" West, 123.62 feet to a point; thence South 12°00'00" East, 85.00 feet to.a point; thence South 53°26'21" East, 142.60 feet to a point; thence South 6°51'51"West, 151.05 feet to a point; thence South 41 °.14'14"East, 171.06 feet to a point; thence South 89 ° 12'26" East, 122.33 feet to a point; thence South 43°03'05" East, 60.00 feet to a point; Page 2 of 6 thence South 0°36'15" West, 671.50 feet to the point of beginning. Containing 10.64 acres, more or less. AND ALSO: A portion of the NW1~/4~of Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and~e said Section 3; thence-North 0°38'11" East, 2651.19 feet to the quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0 ° 38'27" East 22.64 feet to a 5/8" iron pin; thence South 88 ° 55'31" East, 1784.61 feet to a point; thence North 1°04'29" East, 303.15 feet to the REAL POINT OF BEGINNING. Thence North 66°28'40" West, 157.70 feet to a point; thence North 56°56'39" West, 717.37 feet to~~a point; _ thence North 89°23'44" West, 36.12 feet to a point; _ .. thence North-0°36'28" East, 5.00 feet to-a point;-..~-~ .~ thence 154.59 feet along the arc of a non-tangent curve to the:left,having a.... radius of 225.00 feet, a central angle .of 39°22'00", anct ~a: long. chord. bearing North ~ ~~~ 19°04'45" West; 151.57 fe~erto a point; thence North 38°45'45" West, 39.00 feet to a point;. thence North 51°14'15" East, 110.00 feet to a point;.~-~ thence North 26° 11'31" West, 134.78 feet to a-point; ~ •- thence North 4°04'20" West, 277.45 feet to a point; thence North 31°46'35" West, 241.56 feet to a point; thence North 0°36'56" East, 132.59 feet to a point; thence North 89°23'04" West, 110.00 feet to a point; thence North 0°36'56" East, 30.00 feet to a point; thence South 89°23'04" East, 175.94 feet to a point; thence South 78°05'29" East. 71.13 feet to a point; Page 3 of 6 thence South 63°13'16"East, 65.34 feet to a point; - thence South 56°28'32" East, 79.07 feet to a point; thence South 53 ° 15'09" East, 86.07 feet to a point; thence South 42°31'18" East, 70.53 feet to a point; ~ - thence South 35°28'22" East, 77.08 feet to a point; thence South 5°49'06" East, 249.89 feet to a point; thence South 8 ° 16'07" East, 125.42 feet to a point; thence South 13°56'20" East, 266.06 feet to a point; thence South 42°43'29" East, 283.07 feet to a point; thence North 61°49'13" East, 165.37 feet to a point; - thence North 11°00'42" West, 399.24 feet to a point; thence South 89°18'49" East, 398.40 feet to a point;- thence South 79°02'15" East, 61.16 feet to a point; thence South 60°40'15" East, 164.39 feet to a point; thence .South 85 ° 10' 18" East, 136.30 feet to a point; thence South 0°30'15" West, 235.93 feet to a point; thence North 89°29'45" West, 80.00 feet to a point; thence South 78°33'49" West, 182.71 feet to a point; thence South 11°45'15" West, 185.77 feet to a point; thence South 0°30'15" West, 154.10 feet to a point; thence 288.86 feet along the arc of anon-tangent curve to the left, having a radius of 425.00 feet; a central angle of 38°56'31", and a long chord bearing. South 63°04'11" West, 283.33 feet to the Point of Beginning. Containing 19.29 acres, more or less. Page 4 of 6 AND ALSO: A portion of the SE114 of the:N1N1Y4~of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, more particularly described as foNows: Commencing at the corner common to .Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East, 2651.19 feet to the quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the~lorthwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 5/S" iron pin; thence South 88°55'31" East, 1614.53 feet to the REAL POINT OF BEGINNING. Thence North 10°33'50" East, 72.37 feet to a point; thence 129.52 feet along the arc of anon-tangent curve to the right, having a radius of 600.00 feet, a central angle of 12°22'07", and a long chord bearing South 56°49'29" East, 129.27 feet to a point; thence South 50°38'25" East, 4.33 feet to a point; thence North 88°55'31"West, 124.84 feet to the Point of Beginning. Containing 0.11 acre, more or less. AND ALSO: A portion of the SE1/4 of the ~NW1/43of Section 3, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°38'11" East, 2651.19 feet to the quarter corner common to said sections 3 and 4 as same was reestablished by LS 972 (CP & F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 518" iron pin; thence South 88°55'31" East, 1977.72 feet to a 5/8" iron pin and the REAL POINT OF BEGINNING. Thence North 88°55'31"West, 109.62 feet to a point; thence 11.06 feet along the arc of anon-tangent curve to the (eft, having a radius of 249.75 feet, a central angle of 2°32'16", and a long chord bearing North 49°22'17" West, 11.06 feet to a point; thence North 50 ° 38'25" West, 94.32 feet to a point; thence 60.45 feet along the arc of a curve to the left, having a radius of 680.00 feet, a central angle of 5°05'36",and a long chord bearing North 53°11'13"West, 60.43 feet to a point; Page 5 of 6 p~ thence 30.13 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 86 ° 18'51 ", and a long chord bearing North 12°34'36" West, 27.36 feet to a point; thence North 30 °34'50" East, 84.13 feet to a point; thence 269.77 feet along the arc of a curve to the right, having a radius of 375.00 feet, a central angle o~41 °13'04", and a long chord bearing North 51°11'21" East, 263.99 feet to a point; thence South 0°30'15" West, 369.89 feet to the Point of Beginning. Containing 1.42 acres, more or less. The above described parcels containing a total of 32.28 acres. Prepared by: NUBBLE ENGI~ING, INC. 443 ' 4 9rF 0 f ~~P.ci~` ~l. DTP/vw/des.734 D. Terry Peugh, P.L.S. Page 6 of 6 w ~ ~ ~ ~i NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridiari will hold y a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,'at the hour of 7:30 p.m. on June 15, 1999_ for the purpose of reviewing and considerin the g ~{ application of Cherry"-Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located <, at 4200 Talamore Blvd. awe, A more particular 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 i regular business hours. A copy of the application is available upon request. Any and all interested ~,~ persons shall be heard at said public hearing and fihe public is welcome and invited to ~ rr { .. ..submit testimony. DATED. this 24~' day of May, 1999. ~ WILLIAM G. BERG, JR., CI CLERK ~ F PUBLISH, May 26 and.June 9, 1999. s,,`~1~4sp~ttti~lollllly~/y t Z" ~~ ~" '+ ~~~• ~ _'. ~ ~ (':~'7 +. //~~ ~ ~. rf ~~ `,v s r ~ } : a a I ~ A t f r t y L ~ i .. o ~'~IJ,~s~. t.v ~~~, ~ ~ .~ .. t ,. ~1 ' ti l ~ z m - CIS fi ~ S~~r?wJ fir :! '~ r ~ ~ y 4 i'(' f :. Fd f _ _y~ e,.~:~ s ,` ~~1~1 ~ H ~._. p~ ~"~,~v'' 1~~"' X., .. ~ ...~ ~V~ .~~.Y' t.':)r, '. ~' x ~~~ZS~.~~~x 'k.~ ~~'3 f ~:~ 6 _Z ~:;: ~ O ®~ a ~ ~ g ~~b ~~~~ ~~ ~~ - ~ ~ __ ~ ,: _., . ~ ~ ~~. .:I ~ . . '. .`. . .. ... .... .... ~. . •~<.: ,, ~~:~:~ ., .~~ •~ s ~..~~ ~. :;_ .. ~ _ ,, . ~ . .. .... ~ . , . ,.. ~ •. ~~ri~- - ~~ ~~ "~ :., a:;- ~. +t~ ~ r„ , :. , -:,; ~, ` ~ 1 ~4~f~M twK.~. f~ i' S _ ?„rr Y ~i'S•Y t ~ K F ., ' ~ ' • , ! ~ ty~4 ~I t~i1"~ ~I ~ i i4 ~ - .. z f ~ ~ f Y~ 7 y. 4 ~` ~ A b ~"^'t1 l A ~ .L(.. r ~~~~~\ ~. ... i :n~ ~ S ~~ h , F~ ~J ~ ~ r . ~ki a y. Y , Y}'r [ r, . . . ~ . .~ ~~ ** TX CONEIRM~,_,~N REPORT ** DATE TIME TOiFROM 03 0524 13 OS 208 888 109? AS OF MAY 24 '~J 1305 PAGE.01 CITY OF MERIDIAN • MODE MINiSEC PGS CMD# STATUS EC--S 00'29" 001 251 OK r NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City ofi Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p:m. on June 15, 1999 for the purpose of reviewing and considering the application of Cherry Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located, at 4200 Talamore Blvd. A more particular 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. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 24~' day of May, 1999. PUBLISH, May 26 and June 9, 1989. WILLIAM G. BERG, JR., CI CLERK ~ ~ ~ z ~ e .:, n r n i ~ ,, , ~ ~ .~`,~.~ OF ''~., ., ~`~ s sou[, _ ,~~, 7~~r~~, P ~.: '``'h~~~~~fl~lN t~~-~~N1~,``,``` ~yt 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 7:00 p.m. on May 11, 1999 for the purpose of reviewing and considering the application of Cherry Lane Recreation Inc. for a conditional use permit for a golf course clubhouse and parking lot with temporary clubhouse facilities, which is generally located at 4200 Taiamore Blvd. A more particular 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. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 19~' day of April, 1999. WILLIAM G. B RG, JR., LERK ,ttt1111l11fltfl!., PUBLISH, April 21& May 5, 1999. t~~•~~,y C3~ r~~X"~~~%,~r r , ~~~~ _ ~ ~~~ ~ ~.,~ CVO. ~ ~ ,{ . ` r~~,. ~~~~~1~~1:~t stH1~`~\\ ° -I ~D° j c >, m ~ ~ S l m° ~ ® ~p o ~ oD~ I" ~°z~ D ~~ ~D~ m °mOm p `~~ ~ A ~ oaoZ r ~~ ~ ~\~1 N{ r V ~ ~ 1 ~ N ~, ^ v ~ xy ~ Z \) j 7C ~ O m D J .. °~~ . ~ ~ ~ ~ ~~ ~ W U7. i~ ~, N r CfTY OF MERlDiAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 ...,. Order No.v Date `f-~_c~c~ Name -~ i n Address Phone: SOLD BY ~ ~~"{-' C.O.D. ~ CHARGE ON ACCT. MDSE. RETD. ~ PAID OUT +~ i ~ r1 ~' ~ . ~ 3 ~ Z 'Z Z ~ z:~ I I I I i I I I t I i I All claims and-returned goods MUST'be accompanied. by; this bill: 0 0 0 9 2 01 TAX ~ Received sy S TOTAL ~ ~'~ ~Z.O GS-202-2 vx~xTeo wirx ~`= ~' n n e PRINTED IN U.S.A. ~ SOYINK ~,(~ For Accountable Mail _ _ -w n ~ y~ ~ ? W N i O (O aD v W U'I ? W N 1 ~ ~ QN ~ ~ j^J`( m ~ ~ ~~ ~ ~ ~ ~ r ,J ~ J ~ z J ~ m o `4 ~ n ~ ~ ® - ~ ~ ~ °~ ~ Q" ~ ~ v , te 7° o w ~ ~ N v, .p ~.-. ~ b N ~ ,A w 'b `d w u. t" ;, ` a ~ w ' ~~ o0 'A 0o U w ~ .-. ° w ° N N ~ O ~. r Np Cr1 o v ~c ~ O G7 O (~ °° ~ ~" O ~ .. : ' ~ -~ /1 ~ ~ d ~ , A O O p ~ , ~) . C~7 : ~ ~ ~ ~ ~ °° e r~ c ~ ~ ~ ° ~ W ry e ~rn O~ O ~ ~ ~ ~ ~ ~ e ~ o ~ ~ r~ r~ ~ ~ o °` ~ ~ ~ ~ r~~ ~~ ~ ~ ~ ~ ~a ~~ ~ no ~ ~ ~ O 0 Y ~ y b ~ ~ O~z H b ~ ~ H y ~ ~ ~y ~ ~ r ~ ~ a ~o ~ ~ ~ d ~ ~ 2 ~ ~ . q ~ ~ ~ y ~ z ~ d d z z d tinr~ rn ~ y G=, ~ O 0 n ~ ~ O ~ ~ .-~ _ d ~ 0 r ~ ~ a - C w ~ ~ l~ ~ ~ ~ ' Z 00 ~ y ~ ~ Z m d r, ~ w ( 1 ~ ~, 0 0 C o ~ _d ~ C7 ,~ ~ d c ~ 7 3 m Y Y d C7 w ~~- C7 ° ,~ owo d c ° w ~ ~ ~ ~ -~ z. Z ; ~ o ~ w ~ ~ a ~ ~ m '~ a .: aZi d ~--~ ~ O~ O ~ C7 ~ W N Z N ~ i .p ~ a ' 3 00 ` ~ N ~ ~ w O ~ d C7 Y ~ y `~ a ~ D ~ A O~ N ~ o ~ fir"' mpa',mw ~ o N : ~ N ~ 01 A W t'" n Mp$ y'~ ~ o a ~D a . . O ~ ~ N O ""~ c m` a a n m ~ o~o< - c °° ~ ^ ~ p O N N m 31~ ~ ~ ~ ~ ~. f0 (D N N N A (] ~ O 7 ~ d ~ A :i fD =n~:o' ~ m ~ m " ~ `D - ~ ~ w o ~Na -t S3"O w S Ow m om = 3 m 3 y - m w p-o ~ o ~, a ~ a w `2 ~ ~• COi - v o~pO~ v3~+ m ~ ~~ (p s s ~ x O N m C '~ w m o.` ° ~ ~ a ~ - o. o, N ~ ~ ~ a a ~ ~ ~ o m N w ~~ ~ o ~~~ a w N o c w < ~ N~ c (D w N A N A O~ aO~ N C 7 U ~ fli 00 c=~o ~ °'~a ~ CJ ~ ~ ~ ~ c i~ ~~mo3 ~m we ~ _ ^'ma ~m ~ww ~ v c nniw wv=y° ~= o a mow3oa0 N p ~ p.m~ Q~ ~ C O C ~ 3`°-'3m3~ .. ~~ C~cn y X 3 oci~ >wm '~~ m~ mmQO~w m~in~ o° Ow p~ ~' ~, ^. m ~ m3 x nom o O- 3cca Ncn2.,a~ ~ 4~ O ~ > v.3m o<o.g~wm 4 yw.m ~wv~ ~ <w~~X~' ~~ ° °f°y ~aQ-~~ ~N ~; sod m N ~~~ON~ T(n ~ aOQ O ''fflX Nt0 _ N J N N ~ ~ N 71 ~ ~ ( C N m3o3°o ' . m~ n ~ ~ _. o _. c v m „~ 3 3 w ° N"2 3~ ~o w . ~hN ,,~ w m~~~ 3°v;,7om ~-f 9 ~ ~~ -~ w~mv~~ , w ~ j ~ ~ m a~ ^ . O w9~xcm ~„ . f ' For Accountable Mail T ~^ ~ ~ ~ J ~ 1 ~ ~i W - ~'. N 1 -~ i O CD 00 V O U'1 ~ W N 1 r ~ O Z N m - C~ w - _ d Z u> a L ~ ~ ~ 3 ~ '~ ~ y a 0 D . -- ~~ ~ ~ ~ ~ ~'~' ~ ~ W ~ z ~ t,~ ~ ~ C i.~ („ 3 ~ ~ ~ do Cn 9, ~ ~ ~ n ® p o .-+ w w W w A '--~ w '--~ W ' W~ N W W ti w- 7 A - y y `~ ~?.'~ N .P 00 N ~l N ~O ~-.• 00 w . O Q ~ ~O J ~i ( ~ ~O ~~~r+++ ~D ~-• O ? ~D . 00 N 00 w ~ ~O ~+ ~ '-' . ~ O J~ ° ~ :a~ ~ O ac ~ ~ v cf ~. v ~ W ~ c~ ,CSrJ, ~ ~t Z ~y oo Z .P ~ N y cO bd ~ ~ ri7 °~1 G 'G (~ `~ h7 ~ ° G' ~ ,~ 00 ~ ~ '~ ° a. ~ ° ~ ° ~ ~~ d ~o o ~ ~ ~ ~ ° ~: 0 ~~ 0 ~d o~ o~ rr ~m ~~ ~ ~ ~ o x ~~ ~ ~ rn ~N ° o ~ o o ~~ ~~ ~~ ~ ~ o o'~ o~ ~~ a p ~a ~, V o o ~ ~ a ~z ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~o ~ c~ ~ ~ ~ ~ r r ~ ~ ~ ~ ~ o y d d ~- ~a p~ ~ ~ ~ d d ~ x . . ~, ~ ~ ~ ~ ~ ~ ~ ~ z ~ ~ ~ ~x yy o ~ d d ~ ~ ~ . '~ ~ ~ ~ d ~ y d ~ , Y ~ ~ C7 d ~ ~ d ~ v ~-, d~ .-. ~ z O Vz 7 ~ ~ x ~ Z O Z z V -, ~ ~ Z N yy ~ L=~ v7. + ~ D .~'. m trJ d d d d Z z ~ C7 p a ~ d d d . N ~ ~ f p p ~"~ C7 00 W ~ O\ 00 - W 00 ~ ~~y.y V ~~-yy V C7 ~ ~ '~' o0 W 00 W 0o W ~ m ~ DD a O ~ ~ ~ ~ N ~ A 00 00 W ~--~ A p ~ .P ~ ,Q ,-~ " " 7 ~ ~ c p J N '~, N -~ D\ O\ ~ d N- N N ~ O~ ~~ m p cp ~-' ca ~ O O ~ " O ~ N N N 00 w ~-• O ~--~ O •-~ O m m ,7 a °- d cQ vi Oho ~ N ~ ~ ~ J J ~ ~ o' o C T X .7.. O~ w ~ ~ y ~ ~ ~ ~ C 7 cp w y m ,. ~~ W ~ N a - o - m ~ ~ D ~ w a w E»~ m W _. . x(773-°v~_ C)= 77 C7 ^^ a~o ~~ n ~- ~~ O so~~ ~w.w am~w - m~ _ _~ o ~ ~ p~ ~ , 7vi a 7 m Q~ . .. "~O ~ '«co ~ D ~ ~ o7 . oom'N~oo - ~~ o w fn ~-p 7 j 7 c N N ~mmwQ2`m - ww p N 3 W - ~ c ai vm~`7'~~'m (D ~ Nm 'm m ~ C 7 j - 7.0 ~vip Om m o 7 6 ~ N O ww+w - ~ n ~~mo3~~ w 7 N <N w m. o ~ ,N :. m~~ S~ 0 7 C N N ~ ~ w~m3oaw ', w o m - ~ y°~3oo3 ~ ~ nmD p -m 3v c y ~ - 4 J ,.m i ~-~x u 3 ~wm ~,~Q » oomPiin7 n pm Q7 ~ mm3 ' 7- 3 ~ c N 7 = ~ ~ x o o o ~ p g m.7 m~~ 7 -°. 3 m W - ~ ~ a y ?~ ~ o w m mw - _ m~ m• . _. ~ o~~ m~w~ao - m~ iU ~N C t7 N~ ~ N ~ N `DNV;3~'m ' mCn ~ O'O ~ ti.NX.d y' N ~ w ~ y `D 3 ° 3 ° o- ~ ~ ~ ,,,~_.,, ~~ ~ ~~ ~1 ~ 0~ ~ w w~~ 3 3 ~h , N -= j onmw o g , m - - T 77 3 ;Y wo~7~~ ' ~ ~ ~ ~ y` ZQ(D ./ ~.oma73 N~amc~ ~ ~ ~ Vi 90 ~~ ~p m ~' ,~' ha ~ ~ 3 ~ °. 3 ow 3 i'-, • ~ °,.. y m ~ ~ °-' p7 ~'m 'n ~ ~`"_ m . mw > > ~ x c m ° m ~' ~ ~ -'cfm» • ~a~Nm~Z a....,~~ ~=-.- For Accountable. Mail ~ N ~ ~ ~ W N ~ O c0 W ~I rn ~ Cn ~P W N ~ ~ ~ 4 ~ mw 70. 3 ~~' ~ ~ ~ ~ awe w ~ _ ~~ O ~j ~ ~u,a v ~ o 'V ~ ~J ~ ~ ~ ~ 'S ~ N r / ~ `r 1 ~ - Q -~s ~ ~ ~ ~ n ~, O ~ ~ N w W W w i"d w ~-• w ~ ~ r-• , W ~ , W '~.' w '-+ ~ `~ w ~ o0 00 00 0o O oo N . a ~ ~ ~ N ono w Y °~° O ~ -'1 . Z p to vii O O ~J O N J~ `O~ N 00 ~ GD y v~ Nn~ ~ O r0o~ ~ Y Y ~ Y O to td ~C" ~ ~ ~ ~~~~~ N~ t=i RP o ~ ~ t~ t" t" C" ~ ~ ~ ~ ~ ~ ~ b O O O Y ~ ~ RI r 7d ;v 7d ~ %h ~ ~ ~ ~N ~ ~d ~ d d ~ ~ °~', o~ d °~, o ~ ozo~~ ~~ ~ ~ ~ ~ d ~ ~ ~y a ~ ~ ~ ~~~~~ r~-a ~ d z ~, d ~ dxd~ r ~ ~ ~ ~ d ~ ~ ~ W ~ ~ n . ~ ~ ~ ~~ ~ ~ ~ V ~ ~~ ,~ ~ N m N N 3~~~ z z z z o y ~, d a ~, ~ d~~ o d~~~~ o z O~ o z~ z c ~ Z Z ~ ~ 000 ~ _wP "" ~ ,~ v' ~ Z ~. ~ a •_m ~ w w w w 0 Cii 0 ~ 0 '-' 0 d ~- m ~ 0 ~" 0 ~ o ~ N N N N ~ C7 w ~ ~ W p~p~~ W ~' ~a w .r ~ ~ 6wo ~ rn A ~ m tea, m m ~ 1'] O O O N N W N ~ N N ~.O,m.m ~ m N Vii U ? 'r ~~-` `r "'' N ~ '""~ cu ~Dp- ~p '7 'O cn~D W W O W O O ~- "o A ~ '"r O '-' O O O ~ 1~~g ~ a o Q ~ O~ ~ ~ O l~ ^w ~ ~ - T ~ o ~ 7 ~ ~~a w s ~ P1 °'o~'c~nw~, e~ y 0 °~ m o~ c ~~ospo~ ~ v3~w~.»"- C `~wwn.wmw N ,~ ~ N ~ j ~ O ~ w y ~ O j ~ C N.N. 3 s.~o c < m m m Q c w a ~~p~c wm~m~ow J ~ ~ ~ y O.O vN 00 ~~'o~w» ~ ~ m o 3. ~ m n . ~ m a N3°~°o0 -o~w cnww ww'womQ' n-~x.- m°~3oo3 - GCi 3 ~ C w . 37o~`Dm~ m_.om~v~~i~ ~~3cc~' O ~'G N ~ N ~tavc~i~3 o wmmw `<°aQ-ice s~ fwQ fns ~ Nw ~°Nfn'3Nm O ~EAX yt0 ?.p ~~Qy. C ~ ~~o3c°~Q 3 _.o_.c md~.~33 >>~fDjw wmm~3-i 3°m~Zom' w ~ my ~ 3 O<m,~~w tAm O~wcx ~`°wmoc m=o~3 ~~.m mN o w 9~ X c m ~ m v °-'c F m>> m'a~Nm~2 i• ~~ r - For Accountable Mail o r -~ a w J V7 1 A .l W 1 a N 1 1 1 O O W v O CJt ~ W N 1 r ~ Q Z ~ a 2 a` ~~ J ' A V ~ o ' `~ v ~ ~ ~ ~ c D ~ r V m ~ ~ ~ ~ ~ 3~ 6 ~ '~ i 7( v 1 v 1 ~ W ~ W ~ ~ z .~ ~ 'j ~1 ~1 ~--J C~ ~1 - ,. (~, " r ~ W ~ ;0 ~ ~ - Q V ~ o ' 4 ~~ ~ ~. N O O~ N O .A N O ~] N O In N ~--~ N O N ~--~ N w ~J 00 .A ~ N --~ .-.. 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O J N -aa-o m ~ ~ O ~ d w o vas w W . _. . o cnw~, m n J 3 o g c yO?'w Op= (~ = Sj ^^ 37 C7 (D 3 ~ _ ~~o~pO~ wa !2 ~~' n G N p ,~ww~m~m o.~wy ~ w~. N o ~ ~ x ~ w o m ~ o~Dm~~~o c J ~ ~,~'- m °-' ~ ~ A~ ~ i 3~t < c mmn~o-cw o. ~ J ` ' ~ c m< w N ~ m ~ -Ai ~ ^ m wm~~~ .w J m~ ~ ' ''w N m ~ p m m c J Q p. o ~;go °movia'Jn ~ y ~ ~ ~ ~ c ~_ S d y ~ ~. J fD - __ aCi C ~ ~ O O` N d N ~ ~ S ~ p O ~ ~ o m~~3o~° ' . = A ~ X ~ ~ ~ p- yo~3o°03 ~ ~ ~ -v 3v ~ N ~~~~wo ~.m c) ~ o.~X 3 3ww ~ ~ °3~c° ~ ~~ ~ o~ -- - N (n~J , J J l o SU O '^ ~ O .tD.~ ? ~ ~ 'O N O W"O O' ~ ~ Q y ~.(D o wmmw ~ ~ w .~v o T m ~p m °~ y _ wa Nw CD SOC wm p Nmw~N ~CA ~ 0-00. 7 „N x. P1. N' ~ Ut ~ 0 N. ~ N ~ T ~ y n . '°~°03~Q s: Tm tp ?;m-.J33 m2 co J m ~ f`9e ~. .~ . ?'.amaJ3 ~ w a ~ C ~ / T ~ f ~ ~ ..~~ ~ N fC ~ ~ ;; p ~ +3 ~ w ~ 9 9 y' '07 ~ J ~ Y For Accountable Mail 0 ,y.. 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LLC JDH BUILDERS INC 554 E BELLEVUE RD 1296 N CHAUCER WAY SUITE #B EAGLE ID 83616-3544 ATWATER CA 95301 3985 W TETER ST N BLACK CAT RD 4077 W TETER ST BUSHONG FAMILY TRUST 3933 W HARBOR POINT DR 4042 W HARBOR POINT 3965 W HARBOR POINT DR MERIDIAN ID 83642 W HARBOR POINT DR N INTERLACHEN WAY CANYON CREST HOMES INC 4075 W HARBOR POINT DR 531 E PROVIDENT DR BOISE ID 83706 WILLIAMS DANIEL R & 4014 W HARBOR POINT DR WILLIANIS MARY LOU 3881 W TETER ST NORTHWOODS CONSTRUCTION LLC MERIDIAN ID 83642 2104 SILVER CREEK LN BOISE ID 83706 BROCKMAN DEAN R & 3998 W HARBOR POINT DR BROCKMAN RUTH B PO BOX 1386 HEPPER HOMES INC MERIDIAN ID 83680 43 E FAIRVIEW AVE 3913 W TETER ST MERIDIAN ID 83642 3980 W HARBOR POINT DR KUEHL HOMES INC 4074 W HARBOR POINT DR PO BOX 816 MERIDIAN ID 83680-0816 STACY WAYNE H 3935 W TETER ST WAYNE STACY CONSTRUCTION 1858 E SUMMERCOVE DR NIAFFETT JAMES W MERIDIAN ID 83642-5585 3934 W HARBOR POINT DR 3966 W HARBOR POINT DR MERIDIAN ID 83642-1081 3967 W TETER ST SCHOOLER MARK D 3934 W HARBOR POINT DR 3844 HARBORPOTNT DR MERIDIAN ID 83642-1077 MADISON DOUGLAS R & MADISON OPAL GILBERT ROBERT D & LYNN 4017 W TETER ST 4040 W COLUMBIA MERIDIAN ID 83642 MERIDIAN ID 83642 3864 HARBORPOTNT DR GLENN JOHNSON HOMES INC 2424 S MAPLE GROVE RD SMITH MILTON DWAIN & KAREN K BOISE ID 83709 3912 HARBORPOTiVT DR 4001 W TETER 5T MERIDIAN ID 83642-1081 VREELAND CO FICA JAMES W & MARY JO PO BOX 870 3834 HARBORPOINT DR MERIDIAN ID 83680 MERIDIAN ID 83642-1077 4045 W TETER ST ~~ _ ~~ WILLIAMS LARRY D & CYNTHIA L 3824 HARBORPOINT DR MERIDIAN ID 83642-1077 ASGHENBRENNER LEONARD A & F NADINE 2498 N CROOKED CREEK WAY MERIDIAN ID 83642 NEW CONCEPTS DEVELOPERS INC 310 E FRANKI,IN_ MERIDIAN ID 83642 4015 W HARBOR POINT DR CRONER CHAD 3997 N HARBOR POINT DR MERIDIAN ID 83642 GRANT JAMES & GRANT DORIS 3979 W HARBOR POINT DR MERIDIAN ID 83642-1102 GROSS 3OHN C & GROSS CATHY J 4043 W HARBOR POINT DR MERIDIAN ID 83642 NEWCOMB PAUL B & JODEE A 3837 HARBORPOINT DR MERIDIAN ID 83642-1078 3837 HARBORPOINT DR MCGREW DENNIS L & NANCY J 39I 1 HARBORPOINT DR MERIDIAN ID 83642-1082 KLEFMAN G D & ROSEMARIE TRUST KLEFMAN G D & ROSEMARIE TRSTEE 3725 N SEA COVE WAY MERIDIAN ID 83642-1084 MERIDIAN CITY OF 33 E IDAHO AVE MERIDIAN ID 83642-2631 N BLACK CAT RD N TURNBERRY WAY W, HARBOR POINT DR PETERSON DORAN & ELLEN TRUST FIRST SECURITY BANK ID TRUSTEE .~ 3827 HARBORPOINT DR MERIDIAN ID 83642-1078 BRIGHTON CORPORATION 12426 W EXPLORER DR SUITE #220 BOISE ID 83713-1560 2476 N CROOKED CREEK WY 2422 N CROOKED CREEK LN 2410 N CROOKED CREEK LN 2396 N CROOKED CREEK LN 2374 N CROOKED CREEK LN 2390 N CROOKED CREEK LN 2382 N CROOKED CREEK LN 2514 N CROOKED CREEK WY MCCABE JOHN W & ALICE L 3817 HARBORPOINT DR MERIDIAN ID 83642-1078 LEMA NATALIO & JEANINE H 3738 HARBORPOINT DR MERIDIAN ID 83642-1000 WARD LINDA K 1685 SUMMERTREE WAY MERIDIAN ID 83642-3900 3807 HARBORPOINT DR REGAN BEVERLY P 3728 HARBORPOINT DR MERIDIAN ID 83642-1000 ASHFORD GREENS OWNERS ASSOCIATION INC 12426 W EXPLORER DR SUITE #220' BOISE.ID 83713-1560 W TALAMORE BLVD N CROOKED CREEK LN r CROOKED CREEK WAY GOLF VIEW ESTATES HOME-OWNER ASSOCIATION INC 1526E 01ST MERIDIAN ID 83642 W CHERRY LANE MCCREA RUSSELL D & CATHY S 3757 HARBORPOINT DR MERIDIAN ID 83642-1076 :v4: 15.!YLµ .# 'xy Wit-wr.Jfi ... +#;.-, n .~::i ta. .. ,!i'k: te~~ew N-, '..F _;:~' ;~,-+...`~'. ~. ..cA.~r 7~•~+...i~»~.a~'x ..x~rdrk+, ._.. sa~s+?~!-e p»wa : .~•.M iyrsi!„! `" _,:x~_._ .. _. _ . _. i MERIDIAN ID 83642 x,835 W SEA ISLAND CRT BOISE RESEARCH CENTER INC MIZER DAVID H & GLADYS I TRUST 12426 W EXPLORER DR STE 220 3765 SEA ISLAND CT BOISE ID 83713-1560 MERIDIAN ID 83642-1073 N BLACK CAT RD TUNNICLIFF TRENT R & STAGY FULWOOD HILLARD W JR & 14135 W BATTENBERG CT FULWOOD WILMA D BOISE ID 83713-1241 3840 W SEA ISLAND CRT 3825 W SEA ISLAND CRT MERIDIAN ID 83642 BERRY LEONARD MATT & TIMM LEROY W BERRY DORIS L PO BOX 234 2137 TURNBERRY WAY MERIDIAN ID 83680-0234 MERIDIAN ID 83642-1049 3737 HARBORPOINT DR AGUILAR ESTHER HASENYAGER GLEN D & RUTH M 2133 TURNBERRY WAY 3830 SEA ISLAND CT MERIDIAN ID 83642-1049 MERIDIAN ID 83642-1074 ASH JIMMIE R & GIBBS LORIN C & HOLLIE J ASH MARLENE E 3820 SEA ISLAND CT 2145 TURNBERRY WAY MERIDIAN ID 83642-1074 MERIDIAN ID 83642-1049 BOLAND GLEN & DOREEN LINGEL DWAYNE M & 3855 SEA ISLAND CT LINGEL STACIE C MERIDIAN ID 83642-1075 2153 TURNBERRY WAY MERIDIAN ID 83642-1049 PAGE DAVID D & JACQUIE L 3810 SEA ISLAND CT RICE JOSEPH M MERIDIAN ID 83642-1074 2180 TURNBERRY WAY MERIDIAN ID 83642 FAWLEY LESTER CRAIG & SUSAN ANN KINDALL BRYAN J & 3780 5EA ISLAND CRT KINDALL ROBIN L MERIDIAN ID 83642 3840 WOODMONT DR MERIDIAN ID 83642-1031 SCHULZ USTO E & DIANA G 3845 SEA ISLAND CT ASTLEY LARRY O & MERIDIAN ID 83642-1075 ASTLEY GAIL E 2129 TURNBERRY WAY MORIN GEORGE E & MARY J MERIDIAN ID 83642-1049 3815 SEA ISLAND CT MERIDIAN ID 83642-1075 CROOKSTON WAYNE JR & CROOKSTON CONNIE J SWINK DALE E & REBECCA A PO BOX 427 2560 N SILVERLEAF WAY MERIDIAN ID 83680-0427 ` 2125 N TURNBERRY WAY TALBERT KEITH AND TALBERT SUSAN K 2121 TURNBERRY WAY MERIDIAN ID 83642-1050 ROHOLT JON D & ROHOLT JENNIFER L 2050 INTERLACHEN WAY MERIDIAN ID 83642-1011 YOUNG DOUGLAS E & YOUNG SU5AN A 2071 TURNBERRY WAY MERIDIAN ID 83642-1052 MARGULIEUX GORDON L & MARGULIEUX FRANCES 2040 INTERLACHEN WAY MERIDIAN ID 83642-1011 YOUNGQUIST GARY J 2060 INTERLACHEN WAY MERIDIAN ID 83642-1011 ~BARRUS BRENT E & BARRUSLUANA 2030 INTERLACHEN WAY MERIDIAN ID 83642-1011 WALKER PAMELA K 2845 BEACON AVE EMMETT ID 83617-9603 2024 N INTERLACHEN WAY ROWLEY HELEN F 2023 N TURNBERRY WAY MERIDIAN ID 83642 BLAKESLEE STEVEN N & BLAKESLEE CRISTINA A 2020 INTERLACHEN WAY MERIDIAN ID 83642-1011 RECORDS STANLEY & RECORDS GLADYS 2013 TURNBERRY WAY MERIDIAN ID 83642-1052 HOFFMAN FRED 2003 TURNBERRY WAY MERIDIAN ID 83642-1052 FARNSWORTH GARY A 1991 TURNBERRY WAY MERIDIAN ID 83642-1055 0 0 • •• • • ~ •~~•• ~~• • • • • • + • • + • ~ • • _• • U~-- ~-1 r q~;.,~ ~ ~ ~~~ d~ ~f ~'~ o ®~~ -~~' ~ ~ . ~ ~~~~~ ~ ~~~~ ~ ~ ~ ~. ~*. / ~ ~/ ,~ ~ __ . ~ ~ • '`~ .,. ., ~, •~ ~~,, ,~ . r ~ `,, :: ~ . ~ .1 ~. ~ j x ................ .. . ® ` ~ ~_ 4 n - •. _ - y f i' F v , ~ p. _~ ~'e'r. • .r• '' ! 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'1C vQ ~~co m N ~ ~ p 3 v •<w. w a m W m T ~ ~ .3- J J N a. ~ ~. `«c ~ m ~ ~ - D c 0 (D 'O ~ ~ QU ~ 3 gmwNm"moo s~.~$c~< _ ~.~ f~p< °m ?' ~o w J ~~~ O.7 ~ ~ (D .O.C w m m o m '. y~ . N 7 C w m d m m~ 0.7~y 00 N m w (D O C m O~ w J D n n ~~m,°o3~~' o 'm, y ' m o _ <J y ~ w ~ ~ . . mm ° ~ ~ ma . ~ ~ ' ~ w wo- i -fi ~o ~ x- - a 3 yo~3o ~ C ~ ~_ ~ ~ piOD a -a i 3v a, ~'~~~mci ~ `Aa J ~,m n~ y, o-~x o'ci~ m con J o°om~y' ~ ~ ~ /t1~~ ~~ O Jw ~' °-'m3 4l ~Jij= o~.Z~~~ ~ ` V O ~ a7 p~S ~ a 3m wa~~~ "- wmmm p~ R ~t7o _. Q 'Dw.m N= m Jw~-OO N N fD 3J Sb ~'~y' ~ ? O m~ N W m Ny ~ N N ~ a" ~ T(n C ~ QO d l JocNn3w~ (D J O ~ mo ~ y C - 33.0~~0. ~ C) ~• dc~-.J33 .om w r O X11 m2 ' ~ ?o J , ~°-"gym=.~~ a a'.omy»3 ~ ~ ~ ~ m am Q~3 ~mymoc m m . ~ m -oJ3 o- m - ~' m my o. w~Jxcm w T m m f0 O.SfNU ~~ a. ' `Y ~ .rt Y! k 1~ s I ~~ - 1. SHEET- ~ SHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER MERIDAIN ID 83642 208 884 2076 FAX 208 884 2066 OF ~ 263.8 N. TURNBERRY WAY ~~ WALLY LOVAN 208 888 4080 MERIDAIN ID 83642 ~. e4 , " y _ . :. . . ' I 1 ' r i ~~ 1 1 ' .. _ - i ~' I 1 1' ~ } i 1 .~ a ' I I 1 ; ~ _ ! _ ~ .. ~ ~. .. ~i; I., ~ ., - . - - -~ . ~ ~ ,~ ;, . ,, ~. i~ 1:~ SHEET CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 4 MERIDAIN 10 83642 208884 2076 FAX 206 884 2086 OF 208 888 4080 ~~ MERIDA NEDR83642 Y i2 .WALLY LOVAN q.:. i ;; i ~ , i II , 711 M~1 ~ ~ ~~ . ~ i SHEET CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 5 MERIDAIN ID 83642 208 884 2078 FAX 208 884 2086 OF 2838 N. TURNBERRY WAY 1Z WALLY LOVAN' 208 888 4080 MERIDAIN ID 83642 x- f SHEET .CHERRY LANE ~OLF CLUB R.T.CAMPBELL DESIGNER ~ MERIDAIN ID 83642 208 884 2076 FAX 208 884 2086. OF 2838 N. TURNBERRY WAY 12 WALLY LOVAN 208 888 4080 MERIDAIN ID 83642 '~ ,~ 9~ a SHEET CHEI~tY LANE GOLF CLUB R.T.CAMPBELL DESIGNER ~ MERIDAIN ID 83642.. 208 684 2076 FAX 208 884 2086 OF ~ 2638 N. TURNBERRY.WAY 12- WALLY tOVAN 248 888 4080 MERIDAIN iD 83642 .~ ~.. ~'~ a i 'w_ ~ ~: i 4 L ~ ~ SHEET ! ~HERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER ~' ~ MERIDAIN ID 83642 208 684 2078 FAX 208 884 2088 ~ 2638 N. TURNBERRY WAY OF ~ WALLY LOVAN ~~ 888 ~~ MERIDAIN ID 83842 .,.. _,r... R~ ~€ ~ ~ ~ ~ ~, ~ ~ ~ \ :, y~ SHEEP .CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER ~ MERIDAIN ID 83642 208 884 2078 FAX 208 884 2086 OF 2838 N. TURNBERRY WAY i2 WALLY LOVAN 208 8884080 MERIDAIN ID 83842 k r. b~ a ~ ~ i^ j. i I SHEET CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 4 MERIDAIN ID 83642- 208 884 2076 FAX 208 884 2086 OF 208 888 4080 ~~ MERIDA NEDR83642 Y i 2 WALLY LOVAN y }, ; ' ~-y `' ~ i ' ~ SHEET ! CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 5 MERIDAIN ID-83642 208 884 2076 FAX 208 884 208 OF 2638 N. TURNBERRY WAY 1Z WALLY LOVAN, 208 ~'~ ~ MERIDAIN ID 83842 \_ ~ ~ r :, , 4 ~ t ,Y~ '' • ~~ fi , I ~ ' ~ ~ . t g .' ~E s < ~ ¢; r + y' ~ ~ ~ # ti 3 ~. a ~ ~ k ~ t ,i ~ `_~., 6. s ~~; ~: ~; `° r ; ~ ~ ~ '~ ~ k ~ a .. ~~ B=~ ~ . ^ A e r ~,. v .. Sri. ~ w ~~ u ,` '. ~' ~ a .v, t 3 v. ~p }} SHEET :,CHERRY LANE ~OLF CLUB I ~ ~ R.T.CAMPBELL DESIGNER ~ ~ 208 884 2076- FAX 208 884 2086 OF A MERIDAIN ID 83642 2638 N. TURNBERRY WAY 12 WALLY LOVAN `" 208 ~ ~ MERIDAIN ID 83642 ~ ~ S 1 ~~~ ~ ~- F ;) SHEET CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 7 MERIDAIN ID 83642 208 884 2078 FAX 208 884 2088 OF 2838 N: 7URNBERRY WAY ~ z WALLY LOVAN 208 888 4080 MERIDAIN ID 83842 Y ~~ ~~ye dt y d _... i G _ ~ ._. ~~~ f Q ®~ ...: ~ `• ~ ~~~~ ~~~~ ~• ~ ~ ~~ ~ ~ ~ ~~ ~~. . .~ '~ ., `\4 r.`,` ~ \` --o-r____ _________________{g.__ ~ °.~ .. \ ~ ~ ``\~ • b i ~ j ~S:. : 1 i ~ '' J .' 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F 1 _ ~ ~. 8U KPR 6 ~~~ 53' S4 55 56 57 ~ ~~e D ~ 9 6 ? ..429' 79 LN. ~ L~ 52. « - 1 ~ ~ 'L, s lQ~l ~ 82 81 Y~V 51 ` r~ r'46 ' 1 ~. 8 F2 ~ ~ 81 p ~, 41i 9 J. ~ ~ 50 5 44 43 I© LI t2 C~ U 46 ,. 4C' '~ N 87 85 2 47 + 39 - ~ 13 N~ 86 f 4948 •O~,-~~'. 39 ~. ;~` ~ ~ y f4 (T, Q• .~ , ~c,~- 29 ~ 16 0~. 26 -54 . ~~ 25 ~29. 32 33 ~. ` -- ~ 18-; i9 2 21 22 ..• 24 27 0 ~~ ~ ~ ff ~~,~~~~~J -. ~ - ~ ~- 2 / % ~~----- . - - y \ B R ~- S.9Ff~o D -- -- - ~,~ _ ~. / --- - __ a --- - --- --~ `\y6 e~~ / to / a~~ ~ 8• g ~5 ~ - -_ _ _ V°J ~ f ~ ~~ -- ~ , "-1- / / ~ ~,aF,~ ~ '~k~t,lrf ,lo ~ ~y is 2 19© 16 ~~7 ~ ~ ~\ 6 `_ --~ ~ ~ ~. } ~ .. 1 12. QSH OR ~9~ ' a i is .. I I ~~ n' _ • ~ ~- ~ ~•~ . -~. ~_ 1; .^~:;~'' MERIDIAN CITY COUNCIL MEETING JUNE 15 1999 The regular meeting of the Meridian City Council was called to order at 7:30 p.m. on June'15;' 1999 by Mayor Corrie. Glenn Bentley, Charlie Rountree. MEMBERS PRESENT: Ron Anderson, Keith Bird, OTHERS PRESENT: Mayor Bob' Corrie, WiII Berg, Bill Gigray, •BiII Gordon, Gary Smith, Kenny'Bowers, Tom Kuntz, Shari Stiles. Rountree: Mr. Mayor I,move that,we-move public hearing item number 17 to the top`of the regular agenda. Bird: I'll second that.- tr ? Corrie: Motion is made by Mr. Rountree second by Mr. Bird to rearrange the agenda to have item number 17 which is a public hearing to be the first item. A'ny further discussion? Hearing none, all those in favor of the motion say aye' MOTION CARRIED: ALL AYES. . 17. ~ PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A . GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY 7 CLUBHOUSE BY'CHERRY LANE RECREATION INC-4200 tTALAMORE ~ , BLVD: .Corrie: I'll open the.- `{ need to make a disclosure. My sixteen Bentley: Mr. Mayor, before we get into this, year old son works part time as a summer job at-Cherry Lane Golf Course. I don't feel :a that this- will have any problems with me rendering decisions on this, but I leave it up to the Council, , g , ~~ Rountree: The way that boy eats, you probably need him working. Bird: - I have no problem with it. , Corrie: Mr. ~ Rountree? r ~ ~ ~ ~ _ .,~ ~- Rountree: Not a problem. Anderson: No concerns. Corrie: Okay, you're in for the full duration tonight. Since this is a public hearing', we'll first hear from the staff. Staff, is there any recommendations from the Planning and Zoning to the City Council that staff has any problems with? Stiles: Mr. Mayor and Council, you have their recommendation dated, well the cover letter is dated May 26, 1999. One of our recommendations was deleted by action of the Planning and Zoning Commission and that was the need to have sidewalks constructed I' ___ `, p N N~ P f YY Y fYNf PP-f ~P N r' ii ~ gY ~ ~ ~~~ a• .! P Na- ! i. a o A a a ~! ~~~~'~~ pi~~~~t~~C ~~ ~~~~ iii ~ ~i~ ~e~~ ~ ~~ ~ ~ g~ ~: ~~~ l° ~~a~ ~ ~~~ ~ ~ ~~ ~~ ~ '~ s~ "~!i ! .~ ~¢ ~ !~! g ~ ~~ I' ~ ~! ~ ~ ~~~`~ till.{~ ~ ~r~F ~~ ~ igt ~ ~ i~~~ ( i~ ~3:tII ~ i(~i ~ i~ ., l ~ ~~~~ ~~ ~'~ t T~gi ~~ ! ~a it I~ ~~ ~ a ~~~ ~~ ~ ,~i~~~ ,i ~.~~~~~ ., a~ ~ ail#n~ t~ i ! ~ ~ ~~ . a ..~ ~ ~ ¢,; 1a Q ~ ,. } ~. - # ~ d- D a S SHEET ~ CHERRY LANE GOLF CLUB R.T.CAMPBELL DESIGNER 7 MERIDAIN ID 83642 208 884 2078 FAX 208 884 2086 OF 2838 N. TURNBERRY WAY ~ 2 WALLY LOVAN 208 888 4080 MERIDAIN ID 83842 ~ ~G. z ~' i ~¢ }y i .. v :~~ r~ She pin 25 29 32 i i8 i9 2 21 22 24 27 0 ~ -~ __ __ _ _ __~~, ~ie.!~-sly... til.nT'"__ r_ ~.~tL~~~-~°-'-~::A'l r. .. --_Y _-~-e~.~.~^'_'~.__~_-~rJ~ / \ ~~i ' 1• ~ _ - ;1 J SAff O RD 0 6 V l~ ~ ~7 ~ a LL 5 wl,~/Te 10 2 ~ ~ 2 .QS.N 9~ ¢ _ 12 ~~ ~. ' - ---- % '~ i t~y6~ f. i0 ~~~i ~ 4 _- ,,~ I, I i o © 16 ~ ~ .. i 7 ~- ,~~. `` F to j , ~' -~_ ~ -- '- ~ I - ~ ._ e 1 ~, _ ~ ~-~ ~ > ~ .~` , ;,~ . JUNE 15,rc 19 MERIDIAN t;~ ~ Y ~~~""'~•- ~~•~_ . _- 'n of the Meridian City Council was called to order at 7:30 p.m. on The regular meets Mayor Corrie. June 15, 1999 by Charlie Rountree. MEMBERS PRESENT: Ron Anderson, Keith Bird, Glenn BantlB II Gordon, Gary Smith, OTHERS PRESENT: Mayor Bob Corrie, Will Berg, Bill Gig Y, Shari Stiles. Kenny Bowers, Tom Kuntz, item number 17 to the top of ,Rountree: Mr. Mayor I move that,we move public. hearing' the regular agenda. Bird: I'll second that. ' n is made by Mr. Rountree second°by Mr. B!rdt i em rAny'furthergenda to Corrie: Motto have item number 17 which i ~l those) in favornof the motion say.aye~. discussion? Hearing none, a " MOTION CARRIED: ALL AYES. LIC HEARING: REQUEST FOR A CONDITIODN TEMPORARY IT FOR A 17. PUB GOLF COURSE CLUBHOUSE, PARKING LOT A BHOUSE BY CHERRY LANE RECREATION INC-4200 TALAMORE CLU . BLVD: s Corrie: I'll open the - sixteen ntle Mr. Mayor, before we get into this, I need teCm Lane Golf Course. I don't feel Be Y year old son works part time as a summer lob,at C , ry ' will have any problems with,me`rendering decisions on this, but (leave- ifiup to that this the Council. ouF robably need,him working. Rountree: The way that-'boy eats, y p . ~.~ Bird: I have no problem with it. Corrie: Mr. Rountree? Rountree: Not a problem. Anderson: No concerns. ~'~` Corrie: Okay, you're in for the full duration tonight. Sin tions from phe (Planning a d II first hear from the staff. Staff, is there any recrob ems with? Zoning to~the City Council that staff has any, p Stiles: Mr. Mayor and Council, you have their recommendatVOasddeleted by act o of the letter is dated May 26, 1999. One of our recommendations Planning and Zoning Commission and that was the need to have sidewalks constructed .. Meridian City Council Meeting June 15, 1999 Page 2 adjacent to the current roadways and future roadways and they deleted that due to the applicant's statement that that would be part of other subdivisions' requirements to do the roads and the sidewalks. That maybe the case on the one road. That plat has not been finalized yet. It's still in the process of some revision and it will be some time before that roadway is completed. So the staff still would recommend that our original comment that those sidewalks be constructed remain. I believe you have in your packets, have you all received a set of these plans? They're a little more detailed than what was seen by Planning and Zoning Commission. I did receive a letter today from Johnson Land Surveying that you may also have a copy of that in yourpackets indicating who their consultants would be and there was a little confusion about some of the notes that were made on the plans we received. They referred to Stucco and then when we received these plans, it was referring to a rigid foam that nobody was really familiar with and l see that Mr. Johnson in his letter dated today does indicate it will be drivot so if the Council has any concerns about any of the architectural details or I guess this would be the forum to bring those up, so since it will be a city facility and owned by the city. Corrie: Any other staff comments? This is a public hearing. What I would like to do - 1'm sure, Wally are you going to be the representative for the - no? Okay, we'll have the developer or the applicant for the conditional use permit to speak first. One question that I have. We have received.a petition to the Meridian City Council for approval of the conditional use permit at Cherry Lane Recreation Association. Does everyone have a copy of this thing? Would you like to have that put in this record? Yost: Mr. Mayor I would. Corrie:' Okay. This is stating that the petitioners recommended this be based upon the assumption that all phases of the conditional use permit, parking lot, recreation- location of the temporary clubhouse and completion of the permanent clubhouse will be completed in the time frame described at the Planning and Zoning and they do recommend that we accept that, so we'll make that part of the record then. So City Clerk if you will do so. 4' Bird: Mr. Mayor, let's make sure that he identifies that these plans dated 5/18/99 with no revisions are the~plans we are talking about; is that not right? Yost: I believe that's correct. Bird: Okay. Corrie: I'll have you identify yourself and I have one question for you. ~ ~ Meridian City Council Meeting June 15, 1999 Page 3 Yost: Mr. Mayor, Councilmen, my name is James A. Yost, and I'm here tonight as a spokesperson for Cherry Lane Recreation, Inc. I reside at 2638 N. Sea Cove, Meridian, 4 Idaho. Corrie: Do you have any specific questions about the recommendations that was given to us by the Planning and Zoning Commission? Have .you seen those? Yost: Mr. Mayor, I have. Corrie: Do you have any particular questions~on any of those? Yost: Mr. Mayor and Councilmen, we have been questioned repeatedly for the last couple of weeks on information. We're willing to supply whatever information was requested by Planning and Zoning Commission or individuals and we've been trying to do that. I have a different job that I work at most of the time .has kept me busy, sool'm not sure exactly what the status of those conditions are. The homeowners association and the principals that I'm speaking for tonight approve of the Planning and Zoning conditions. We will comply with whatever conditions on that parking lot that the city requests and I'll go through that in my opening statements. Corrie: Okay thank you. Yost: As stated, Mr. Mayor and Councilmen, I'm here tonight to represent Cherry Lane Recreation, Inc. The principals would seek your approval of the Planning and Zoning Commission's recommendations and to approve the conditional- use permit which basically follows three basic categories. The first condition would be the completion of the parking lot that exists there west of the current driving range off from Talamore. The second condition or request would be the relocation of the temporary clubhouse from its current location to a location west of the number two hole tee box area which is adjacent to the proposed site of the new facility and thirdly, the ability by the principals to apply for the necessary permits and conditions required to begin construction of the new clubhouse facility and as stated earlier the applicants will agree to various conditions that were imposed by Planning and Zoning Commission and expect to comply with those conditions. With that objective, please allow me to further explain that the intent, the plans, the information has never changed on behalf of the plaintiffs. The recommendation suggestions and conditions requested by Planning and Zoning and other members and individuals have been and will agree to be agreed to by the plaintiffs. They're not trying to hold anything back. They're trying to present all the information they have. `It has been confusing at times for the plaintiffs. They may be a bit unaccustomed to the regulatory process and the bureaucracy which it does serve a purpose and is duly recognized. So there was a bit of confusion there. In an attempt to clarify that and to provide the additional information that has been requested by various individuals. is the Cherry Lane Recreation, Inc. has employed the following folks for Meridian City Council Meeting June 15, 1999 , . Page 4 structural engineering, they employed Staply Engineering. For mechanical, they've employed Musgrove Engineering. For electrical, Taylor Engineering and for landscaping, The Land Group. Civil Engineering Services are provided by Johnson Engineering, but allow me to continue.... There's been some issues and some discussions about the shrubbery in the parking lot and the comments that it contained a large spruce tree or some evergreen and there's no problem with removing that tree. I think it's been removed in the plans at this time. Any and all changes that the city wants on the landscaping and the vegetation of that parking lot will be complied with. The landscape architect will work with you and the city folks, Planning and Zoning or the City Engineer. We'll provide the proper vegetation and the other conditions for that parking lot without exception. There are three issues that have come up dealing with the new clubhouse that may clarify some of the information that's going around. First of all the principals failed to fully understand that the complete plans architectural plans, mechanical engineering components would be required at the Planning and Zoning Commission. They thought that would perhaps come in the building permit side of the thing after the conditional use permit was provided. So the request~for information have become more detailed so we have gone ahead and provided the proper engineering and for structural design, mehhanical design, those types of.things now. But one of the issues that came up was the issue about the stucco and on the original plans, we decided they put just stucco. However when questions were asked, they provided a more-definite definition of a stucco like substance that is now used on Spurwing and Banbury clubhouses and that is particularly called exterior insulation and finish systems. It's a stucco type finish. If there's a problem with that, it can easily be resolved, but I think you'll find that for this area .it's a particularly good construction material. Other construction materials have been questioned or more information has been requested by the principals is that the -dealt with the flooring materials for fire protection, two sheets of 5/8 sheet rock was requested. The city wants or desires one inch of concrete: There's no problem with the principals on doing that. If you have a preference over the type of building materials that go into your building, the principals are very- accommodating as to how you want it done or how you want it constructed. We'll take those things into consideration. But we need to know what you want if that is the issue, and even thought they will construct the facility, you are deeply entitled to some preferences that you -may want to select and they will not be a big issue with the principals. The final component questioned was the ventilation of the underground golf cart storage area. We didn't - I think originally they didn't think that was going to be a: problem, but in lieu of the questions and -concerns about that, we hired Musgrove Engineering who have provided similar service engineering at Spurwing, Hillcrest and Banbury where they provide. the same type of ventilation services. We'll install that same.,system. If that isn't appropriate you tell us what - if you have a preference on the ventilation system, we will accommodate that request. In any event, on the construction of the clubhouse, the parking lot and moving the temporary facility to the new location, the Cherry Lane Recreation, Inc. will abide by all of the Idaho Codes, city and county codes. We have no intention of taking any shortcuts or not complying with any of those Meridian City Council Meeting June 15, 1999 Page 5 codes. It's abit - it may have been a bit of a challenge to begin with, but I think the principals are now geared up and ready to fulfill whatever requests may come of them at this particular time. The financing has been arranged for this process and as agreed to by the Planning and Zoning Commission report that after they receive their final permits they will have a new clubhouse constructed within that six month requirement of the Planning and Zoning Commission. There isn't - in conclusion the principals request that tonight that if you have questions about the clubhouse structure in and of itself, that there maybe some questions there that you're not comfortable with and we would provide and work with you on any additional information, but tonight specifically we request that at least you give the conditional use permit to finish the parking lot and move the temporary facility. It seems to be in the way of some other building arrangements in the area. So that we specifically request for tonight. I thank you for your attention and I'll stand for questions Mr. Mayor and Councilmen. Corrie: Any questions? Bird: I have. none. Rountree: I have none. Corrie: Thank you. We'll take these in order of those who are in favor of approving the conditional use permit here tonight. If you will limit it to about three minutes, your comments, and then we'll have those who are objecting to it and then we'll have the last again will be Mr. Yost if he's still here will answer any questions that might come up during the testimony here tonight. So is there anybody here now that would Jike to testify in favor of the conditional use permit that are on the Council's agenda. Yes, sir. Grant: My name is Jim Grant. I reside at 3979 W. Harbor Point Drive in Meridian. My wife and I are charter members of the Cherry Lane Golf Club Associations having joined those groups in 1978, the first year of the Meridian Municipal-.nine hole Cherry Lane Golf Courses. We were pleased to see the second nine holes constructed and then dedicated in September of 1997. Up to this point in time, golfers~at Cherry Lane have always operated from a temporary clubhouse a limited parking and a remote driving range. The present application to build a permanent clubhouse and parking lot is based on the originally planned site and is the logical next step now that 18 holes are available. After the recent Planning and Zoning Commission public hearing and .positive response,. we encourage the City Council to give a rapid approval to the application of Cherry Lane Recreation, Inc. Naturally there should be some conditions placed on that approval. The new parking lot probably should be completed prior to moving the temporary clubhouse to the new site. A time limitation should be placed on completion of the new clubhouse and then the removal of the temporary clubhouse. The City of Meridian owns this land, the City of Meridian owns the golf course. Completion of the permanent clubhouse and parking lot would be a great asset to the Meridian Municipal ~~ Meridian City Council Meeting June 15, 1999 Page 6 Cherry Lane Golf Course. An asset also to the surrounding residential subdivisions. believe time ~is of the essence and the City Council should not throw up roadblocks or delays, but instead show a decisive effort to get this project approved and completed and behind us. Thank you: Corrie: Thank you, Jim. Any questions of Jim? Bentley: I have none. Corrie: Anyone else? Yes, sir. Shelly: I'm a resident of N. Sea Cove Way 2566 and in my hands here I have a letter that I'm authorized to read from the Lake at Cherry Lane Homeowners Association, Inc. Corrie: Can I get your name one more time? Shelly: James Shelly. I'll give you a copy of this for your records after I'm finished reading it. This was dated June 15th, but Mayor and City Council, City of Meridian, reference construction of the permanent clubhouse at the Cherry Lane Golf Course. Dear Sirs, at a special meeting of the homeowners association held on May 13, 1999 the following motion was made from the floor. Be it resolved that the Lake at Cherry Lane Homeowners Association hereby goes on'record as approving the construction of a permanent golf course at the Cherry Lane Golf Course. The motion. was unanimously carried. The president ofithe association was directed to prepare a letter to the 'Meridian City Council expressing the association's feeling on this matter: The secretary, who is myself, of the association was asked to read the- letter into the record at the meeting June 15th, 1999. Now our association right now has approximately 116 to 120 families. There was 80 families that were represented at that association's meeting. Corrie: One question. Okay, you said approval of the golf course clubhouse. Shelly: Yes. Corrie: Thank you. Kingsford: Mr. Mayor, my name is Grant Kingsford. I currently reside at 4304 W. Whiteash Drive Meridian. I recognize that things change. I have been gone for three and a half years and the applicant was not called the plaintiff I guess. It's a little bit frightening for me to be here. Corrie: I had the same concerns, Grant. ~ ~ ~ Meridian City Council Meeting June 15, 1999 Page 7 Rountree: You're always in trouble. Kingsford: I just wanted to make a couple of comments with regard to the golf course having been here since the city took it over in I guess 1978. After the second (inaudible)`Cherry Lane Rec. took it over. I was involved with it before that when Mr. Lovan and I were on the golf committee and we received numerous phone calls at city hall that people didn't want the city to operate a golf course and so at that time the Mayor Don Storey said it would be a good idea if we could lease that rascal and so we did have one person that was a little bit interested that never came forward. So Mr. Lovan decided that he would do that to make sure that it worked and I think he had no idea that he would still be trying to operate a nine hole golf course in 1997. In any event we had the opportunity to expand the golf course. It's coming along I think fairly nicely for the limited funds that we put into it, but it's a nice playable golf course. Mr. Lovan also expected as all of us did that at the time that golf course was built that the city would have a clubhouse for it. At the time it was originally conceived Leavett New Pacific built the first nine holes, donated that to the city, and promised that we would receive another nine holes completed and a golf course clubhouse as well. None of that was forthcoming. As a result Mr. Lovan has never been able to operate a clubhouse on the city's property. Now we have that opportunity. Finally the deeds are completed and so forth and I would urge the City Council to move along posthaste to see that that is completed. It's an opportunity that the city has to receive roughly a half million dollar clubhouse at no expense to the city. I didn't have to strong arm Mr. Lovan too hard to get him to agree to that. Just over about a 20 what period beating. him rather severely on some holes and losing to him on others, he come to the thinking that it would be a good idea and I certainly think it would as well and hope you. guys concur. Thank you. Are there any questions because I do know it all. Corrie: I'm finding, Grant, that Mayors don't know it all. Anyone else~would like to testify? Margulieux: My name is Gordon Margulieux and I live at 2040 Inter-lachen Way. I'm about 50 feet from the existing temporary clubhouse and actually I am in favor of the new clubhouse but I would like to have the Council consider an option or restriction for the new clubhouse. The current clubhouse isn't quite adequate for parties or anything like that. Therefore they don't have a lot of parties. Sometimes they do and sometimes they go late into the night. Sometimes past 12:00. For particular instance now there is an ordinance part of the - I'm trying to think of the name of it but that does limit the time that you can actually be making a lot of noise and it's 11:00 but this is in the middle of a residential area. I've looked at the plans. There are no~sound deadening materials they are planning on using. They are planning on raising the clubhouse six feet above the ground. My fence according to my covenants can't be above six feet, but their clubhouse is going to be six feet above the ground. They will have the facilities for banquets, for parties; for things that may make it go late'into the night. This is a family ! • Meridian City Council Meeting June 15, 1999 Page 8 subdivision around there. There are kids that go to school. Chaparral is a year round school. Tomorrow morning there will be kids going to Chaparral. If the weather is like it is today and they decide that they want to open the doors to the clubhouse while they have a live band or have a live band maybe not today because it's raining out there, but have a live band out there. They can have it until 11:00. My kids don't stay up on school nights until 11:00 but they would be forced to if the noise was loud enough and in the past it has been. Of course we're only 50 feet. I can throw a golf ball from where the clubhouse is proposed to be to the closest house on Harbor Point and it goes over the top of the lake too so the lake will carry it and I don't about you but I've pulled up next to a number of cars at stop lights where I can hear the music blaring with the windows rolled up because it's not the music you hear, but you hear the beat. And that's what we're going to hear at night at 11:00 and then they don't have to shut off unless I call or somebody else calls and tells them that it's too noisy and I want to file a complaint. That's the only way it will stop because they can stay open until the bar closes and .they do have a bar and I've been witness to bar fights outside of the existing clubhouse. Now the clubhouse is going to be open later past the normal operating of the - so I just -what my proposal is and it's a very simple one is that they limit outdoor bands and music past 10:00. Now that's only one hour short of what is already allowed for the sort of noise ordinance that they have right now. That's my proposal and I would like you to think about it. Any questions? Thank you very much. Santi: My name is Ron. Santi. I live at 1503 Northgate Avenue. I'm the secretary/treasurer of the Cherry Lane Golf Association. We have approximately 190 members right now, and our men's association has been growing because the golf course is getting a lot better and I feel that the opinion of almost all of these golfers is that we could have a very nice association with.the approval of the City Council for the new golf course so our recommendation is that you do approve this conditional use permit. Thank you. Cooper: Good evening. My name is Deleta Cooper. I'm one of the senior members of Cherry Lane Golf Course. I'd like to address this that I have never heard any late parties going on at the golf course. I play there almost every day. I play more games in Idaho than any woman for the last three years. I'm also associated in helping Jennifer and my husband in the junior. We have a great junior program and if you've got people to come tomorrow to support your community you have to support the kids so they won't get in trouble. We keep them very, very busy and they're good kids. I would like you to approve all the bills that are on the agenda tonight for the clubhouse. Thank you. Lovan-Holloway: Mayor, Councilmen, my name is Jennifer Lovan-Holloway. I am the general manager of the Cherry Lane Recreation and I would like it just to be stated on record I'm not sure what the gentleman's name was that was here- earlier. It is in our lease agreement with the city that we have to close the golf course at 11:00 so we cannot keep our hours until 2:00. The party that he was referring to it is on public ! ~ Meridian City Council Meeting June 15, 1999 Page 9 record at the police department that it was shut down at 10:28 so if there is any question to that, it will be on record for you to look at. Thank you. Corrie: Anyone else? Parton: Mayor, Councilmen, I don't have any golf course affiliation here. My name is Ross Parton. I live at 4219 W. Plumrose here in Meridian. I'm a recent resident here to Meridian and I just wanted to encourage you to approve this application as it's been submitted based on th'e fact that I consider this a tremendous asset to the city and to the residents of this community. Thank you. Corrie: Anyone else? Johnson: Dick Johnson 9225 Chinden Boulevard. I'm the surveyor and designer on the~project. We in earlier testimony stated we have no problems with the conditions as set forth with Planning and Zoning and we want to affirm that. We don't have any problems whatsoever. We'll work with Planning and Zoning in any way and the Council in any way which you require for us to construct this clubhouse, the parking lot and move the temporary clubhouse. And I'm here to answer any questions you may have. Bird: I have none. Johnson: Thank you. Corrie: Anyone else want to testify in favor? Is there anyone here who would like to testify against the conditional use permit? McRae: My name is -Russ McRae. I reside at 3757 W. Harbor Point. I haven't been a party to some of the previous proceedings. Is there a time frame set on the construction of the permanent clubhouse? Corrie: That will be discussed tonight. McRae: Okay, in my points I have two concerns. One is that is the utilization of Harbor Point as a feeder for the clubhouse? Harbor Point to my knowledge is not designed as an aterial feeder for the number of parking spaces currently designated in this parking lot and certainly not with the numbers that are designated for the future. I think that's an exceptional and a dangerous load for strictly a residential driveway in that location. Secondarily, I do not oppose this project. I simply a'sk for reason to take place within it. The second component of that being the timely construction of a permanent clubhouse and maybe first and foremost that no temporary clubhouse be allowed until a permanent one is set. And the current clubhouse was a temporary clubhouse which as we've • Meridian City°Council Meeting June 15, 1999 Page,10 heard tonight is a 21 year,project and I think what we need to see is a permanent site there not. another 21 years of temporary clubhouse. Corrie: One question I have. What are they going to do for six months while there's construction going on? I don't think that a pickup with a bathroom in the back end of it and a cash register is going to make it and there's a lot of people who have paid money to play'out there and we need something. McRae: They have a clubhouse now. That will do. Corrie: All right. McRae: I mean you've already got a clubhouse that servicing. Let them do 18 holes with this clubhouse then that apparently met with your approval previously. I don't understand your objection. Bentley: The problem is with a temporary clubhouse, there's construction going on. That land doesn't belong to the city. It belongs to Steiner and they're ready to build on that lot is why the temporary clubhouse needs to be moved. McRae: Well that would appear to be a timing problem. But not one to go on the backs of approving a project with an untimely time frame in itself. I don't think that's for us to just do another bandage on what needs to accomplish. Bird: I think in the Planning and Zoning Recommendation on 1.20, which they have agreed to go to, the temporary clubhouse sha11 be in use for a period not to exceed six months. So the existing one would only be moved down there for six months and at that time the new one would be up and running. McRae: Thank you, Mr. Bird and that's why I asked the question initially and I didn't receive an answer. You didn't tell me it was not going to be another 21 years. Corrie: I'm sorry I misunderstood you. McRae: So I certainly withdraw my concern about that now knowing this piece of data. But yes a timely construction which is required of any other building built within the city would seem to be prudent. Any other questions? I do have a very genuine concern about Harbor Point being used, because that would be used from several different traffic patterns I feel in the current design and it's not designed to handle that kind of traffic. People find a shortcut to some place and then that's it. Corrie: Thank you. Anyone else? • Meridian City Council Meeting June 15, 1999 Page 11 L. Gasaway: My name is Ellen Gasaway. I live at 1950 Incline Way and I just have a question because I was at Planning and Zoning's and they said six months, but I , thought that two of those months was for this approval that we're having like tonight and that the clubhouse would be built in four months. Am I wrong on that? Corrie: Well actually I think if we gave them six months, it would probably be until January 1St. That would be the construction time. What the engineers have told us it takes about 30 days for concrete to set and be ready to do. The rest of it can go up pretty fast. They do have the different structural, mechanical, electrical and landscape engineers that are going to be following the procedures here and that was one of my main thoughts was I want to make sure of the protection of the golf course and also the houses around and also for Wally to make sure that everything is correct and as far as mechanical and electrical and all that by the engineering so I'm sure they will set a limit on how long the clubhouse. I can't say, I don't vote, but I think that that's probably what it would come out at. Gasaway: Will there also be some kind of a penalty clause in there that if it's not completed? Corrie: It's possible. Again I :can't get in their heads, but they may. Gasaway: I'd like to see that aspect because since 1982 we've had a temporary and think it's long past - 20 years. Thank you. Corrie: Anyone else? Yost: My name is Eva Gay Yost and I reside at 2638 N. Sea Cove Way. One of the things that I think that everybody has neglected to mention because we're fairly new in this area. We've lived here less than two years. We're from Boise and so we didn't really know too much about the golf course or what had gone on here, but I've heard so many people talk about this 21 year lapse that Wally should have had this clubhouse built. I've read some minutes from 1978 where Wally was asked a specific question, how long do you think it would be following the completion of the second nine holes of the golf course before you would have the clubhouse completed and he said very plainly within two years. That will be September of 1999. Now I think we're pretty close on that time frame and I don't think that we need to expect that it's going to be another 21 years before the clubhouse is finished. There are some things that have to be gone through here obviously with permits and so forth, but my theory is let's get on with it, let's get going and not just sit here and nit pick about what should have happened 21 years ago. It would be very difficult to justify a clubhouse and all the amenities with a nine hole golf course. It's very difficult. The other thing about Harbor Point is that Taiamore is suppose to be the entrance into the golf course. It's been designed and set up that way. There are no houses facing Talamore and I don't know e~ Meridian City Council Meeting June 15, 1999 Page 12 what the concern is so much about Harbor Point because Harbor Point is the same size as Interlachen and Interlachen has entertained-this traffic for the last how ever many years it's been there, so that seems to have worked out just fine. So the way that it is set up with Black Cat acid Talamore as being the designed entrance to the golf course and my understanding was that the sign would indicate that then I don't think that all the traffic is going to come from Ten Mile through Harbor Point to get to the golf course because it's not going to be indicated'that way, and a lot of people are not going to know how to wind their way through the subdivision anyhow and one last thing I just wanted to mention about.the petitions that were turned in. There were approximately 266 names on those petitions and I would appreciate it if that number would be entered into the record. Bird: Just did. Corrie: Any questions? Thank you. Any other comments? 1 want to thank everybody for keeping it under three minutes. You're a wonderful group. Mr. Yost, do you want to have anything to say on the as far as the one we had the utilization of Harbor Point as a feeder for cars as adequate of what was just said by - is that your husband? See, Grant, we don't know everything and I wasn't about to marry you here in this chamber tonight. Mr. Yost. Yost:. Mr. Mayor, Councilmen, I defer to my wife. Corrie: Good point. Yost: Mr. -Mayor and Councilmen, one issue that could be clarified. I stated previously that financial arrangements had been secured and we will provide a six months letter of credit for the. complete construction costs so that this will be and we'll forfeit that if that is not done,. so we will secure -we'll post a letter of credit for the entire construction amount. Financing has been~secured. Corrie: Thank you. Bird: I got one question. You have no problem with the six months? And when does the six months start? If it takes six weeks to get through our planning to get a permit. Yost: Mr. Mayor, Councilmen, I'll trust your fairness on this issue. At the best, our folks are telling us they can construct the facility in four months. If it takes two months for you to give us a final permits to go ahead, it's cutting it pretty close, we'll trust on your fairness on that thing. We think we can complete it in six months. We'd like to have it finished by the first of the year. At feast four months for the construction of the facility. ~ r Meridian City Council Meeting June 15, 1999 Page 13 Corrie: I think probably one of the things that would speed it up a lot is to make sure,all those plans get into the building department and I think with the different engineering companies it's going to be a lot faster and a lot of questions are going to be taken care of here, so the quicker they get into the building department and approved then they can go ahead with the building on that. Anybody else questions? At this point having a public hearing, I'll entertain a motion if you would {ike. Mr. Rountree? .Rountree: I have some questions for staff. Shari, on the Planning and Zoning Recommendations item 1.20, it's been mentioned here.tonight that clause to me is unclear. I've worked for the last two years with Wally on issues that are unclear, trying to get them resolved with developers and the city and I think we've made some head way but I think he .needs some more dumped on him. The period of six months. We need. to establish when that starts. Was there -and there was considerable discussion with Planning and Zoning. Does staff have a recommendation of when the timing might start the countdown on this six months? Stiles: Well I think with Council's action tonight, if they have a favorable recommendation, the Findings would need to be prepared. 1 would that with your action tonight, they could immediately get those plans ready to be submitted or hopefully they could do that within the three weeks it will be before the Findings are prepared and maybe we should make it more specific that plans be submitted for building permit within three weeks. Is that workable? (Inaudible) Johnson: 1 can't speak for the other engineers that were retained to do the structural, mechanical and electrical. I do know a couple of them. said it would be two to three weeks out before they would be in full operation on the project. They wanted time to ..review the plans that we've.been given by the architect and by my design plans and then they would proceed on. It may take them (End of Tape) Johnson: ...you know to have everything in place to turn into you as far as the actual building plans on the clubhouse. As far as on the temporary structure, moving it over, the parking iot, a couple of weeks is more than ample time for that. Bird: Mr. Mayor would you have him identify himself for the record this time. .Johnson: Dick Johnson. Stiles: Mr. Mayor and Council, I think then we would ask them to get the plans in within one month from today and maybe give them a total of seven months for the permanent structure to be complete. That-would a total of eight months, but maybe it would a - I ~ ~ Meridian City Council Meeting June 15, 1999 Page 14 would hate to have it so restrictive that six months came down and somebody says they are in violation of their conditional use permit and we've got another problem. Corrie: I think probably if they're willing to - if they're going to do it I mean they're setting up a bond here. If they don't we would so I don't you know we don't want to restrict them to the point like you say that they're in violation but we do need some kind of a guideline for them to get it done. Gigray: Mr. Mayor and members of the Council for purposes of discussion~is I see the recommendation to the City Council from Planning and Zoning, this request for conditional use permit not only for the construction of the new clubhouse, but -excuse me. Not only for the construction of the new clubhouse but also for the temporary clubhouse at this new location. One of the things if you choose to include as a condition a little- clarification of 1.20 could be that the six month period would start to commence at the time the temporary clubhouse was moved to the new location under this conditional use permit which probably I don't know when that would be, but that would probably put you .pretty close to the first of the year when that six month period would start to commence. Corrie: Mr. Johnson, when is the temporary have to have moved before they knock it down? They're so close now out there? Johnson: The 30t" of the month is final. That's my understanding. Originally it was set for the 25t". There's some talk of maybe the 30t", but the 25t" is the court date. Corrie: So they're pretty well limiting themselves on that. Okay. Johnson: That's correct. Corrie: Mr. Rountree, you still have the floor. Rountree: Well let me get my notes taken here. The other point in that paragraph talks about and I've heard what the applicant is saying, but it doesn't say that in this point. It just says a letter of credit or cash should be received by the city as a guarantee for completion of the permanent. Should it state in there the amount? Stiles: We have received some quotes from them. They're not complete, but'they've knocked around the half million dollar price. I don't know - Rountree: I'm not worried about the dollars and cents, but some verbiage in there to the value of the building or some kind of an explanation of what that means. w Meridian City Council Meeting June 15, 1999 Page 15 Stiles: I would hope that the half million dollars would guarantee that. The quotes that I did see and what I added up was roughly $300,000. That didn't include landscaping and irrigation system or windows, but it did include restaurant equipment, sprinklers, framing, roofing, the parking lot. Johnson: If I may, we're waiting on an appraisal right now which will establish the value of the structure. Rountree: Okay, thanks. Stiles: That would be great. Rountree: Shari, you also had a comment about sidewalks. Would you direct me to the staff comment, is it staff comment number 8 that you wanted reinserted in the recommendations of P & Z? Stiles: Under general, it would be under 8. We got a little more specific under site specific comments number 7. Those roadways are not built at this time. I'm a little concerned also that we don't have any comments from Ada County Highway District, but I would think in order to complete the parking lot satisfactorily they should have the sidewalks completed at the same time. Johnson: If I may again, we have'met with Ada County Highway District in session, have been approved. The parking lot itself has been approved. The sidewalks were a portion of an additional subdivision going in and at that time, they said we would not be putting in the sidewalks. The subdivision I believe it's number eight would be responsible for that. Stiles: I don't believe that will be completed yet this year. It shows existing streetlights. I was wondering - Johnson: Talamore is constructed. Stiles: It's all totally constructed with curb, gutter sidewalk. Johnson: Curb, gutter, sidewalk, island streetlights, everything. Stiles: So Harbor Point Drive is the only side Johnson: Is the side in question. Stiles: Okay. And it would be part of Lakes at Cherry Lane No. 8. There is a little bit of a hang up on that project. I'm not sure when that will be completed. I guess if Ada ~ ~ Meridian City Council Meeting June 15, 1999 Page 16 County Highway District thinks you can complete the parking lot and you can complete the landscaping to our satisfaction without a sidewalk, I think that would be a little difficult to do though. Johnson: Well if we have to do it, we will do it. Stiles: Okay sounds good. Johnson: We have met with the developer and he has told us that we can enter into an agreement with him if we are required to do that. 1/Ve would be reimbursed. Stiles: Great. Johnson: It's your pleasure. Rountree: Thank you Shari. Johnson: I do have one question if I may and that's getting back to tonight. Should we get approval, when can we submit and start on the parking lot and move the temporary clubhouse? Corrie: Well we have to do Findings of Fact and Conclusions of Law yet to approve those, but - Stiles: I would think they could start on getting those calculations done. At least get them in the cue so that Brad Watson can review your drainage. How soon can the Land Group get their landscape plan completed? Johnson: We're hoping within a week on that. As far as the stuff for Brad, it's sitting on the desk so it's ready to go. Stiles: Okay, so basically you just need the landscape plan and the drainage calculations for Brad to be able to review so that you can get started on that. Johnson: Correct. Stiles: As soon as you can get it in, we can at least start reviewing it. Johnson: Thank you. Rountree: That's it Mr. Mayor, thank you. Corrie: Any questions, comments? • • Meridian City Council Meeting June 15, 1999 Page 17 Bird: I have none. Corrie: All right, I'll entertain a motion to close the public hearing. Bentley: So moved. Rountree: Second. Corrie: Motion made and second to close the public hearing. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Discussion? Rountree: Mr. Mayor, given the testimony and the unclear issues as it relates to the move, the timing of the move, and the amount of potential guarantee for the completion of that move, and staff's concern for the sidewalk, I would suggest some modifications to the conditions that Planning and Zoning provided and those would be adding staff comments specific comment number 7 into the recommendations which would be 1.34 and modifying the recommendation 1.20 with language to the effect that the temporary clubhouse shall be used for a period not to exceed - I'm just going to put in seven months for discussion from the date of the physical moving of the current temporary clubhouse. Prior to moving the temporary clubhouse, a letter of credit or cash in the amount of the appraised value of the new clubhouse will be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot. I have no other suggestions in terms of corrections or additions. Bird: Mr. Mayor, Charlie, I don't agree with the appraised value because I don't think anybody is going to go out and give them an appraisal on it. Rountree: It's my understanding from Mr. Johnson that they're in the process of getting an appraisal on the - Bird: An appraised value or a cost estimate? (Inaudible) Corrie: Hang on folks. We got a dilemma here. Do you want -we'll have to reopen the public hearing to hear any more testimony? Can you agree on something between your Council? • Meridian City Council Meeting June 15, 1999 Page 18 Bird: How are we going to you know appraised value means one of us are going to hire an appraiser to.go out and appraise it before we get a - Rountree: How do you get financing on something like this without - Bird: Well the financing don't have nothing to do with the appraisal. {mean if they got the financing. They don't have to have an appraisal. They got a cost estimate, but I don't think they have an official appraisal. Rountree: Cost of construction. Bird: Yeah. I just think we - Rountree: Give me a better word. Bird: I'm trying to think of one, Charlie. I don't like appraisal, but - Rountree: Mr. Mayor maybe Mr. Gigray has some verbiage that would hold up in court. Gigray: Given the evidence presented at the hearing which you have to go from, I mean there was a figure of a half million and I didn't hear any objection on the part of the applicant to that figure which the staff felt I think covered what they saw in the information that they had. I guess you could leave it nebulous that it would be subject to an amount subject to the approval of the Planning and Zoning Administrator and then I guess if they get a hiatus over whether that approval is appropriate or not, then the applicant:could come back to the City Council and seek an amendment of that condition. I think you could go either of those two ways. Rountree.: Mr. Mayor, Mr. Bird, in the amount not to exceed one half million dollars. Bird: That's fine with me. Corrie: That puts a figure to it. Any other comments on the changes or additions to the recommendation of the Planning and Zoning? Gigray: Mr. Mayor just a point of question. Councilman Rountree with your proposal, would we substitute staff comment number 7 for the recommendation of Planning and Zoning at 1.8 because it references a five foot sidewalk. Rountree: It references the sidewalk, excuse me Mr. Mayor. It references the sidewalk but does not name the street specifically as number 7 does, so - Gigray: Right with your permission l'll probably put those together. i • Meridian City Council Meeting June 15, 1999 Page 19 Rountree: That would be fine. Corrie: Any further discussion? Hearing, none, I'll entertain a motion to have the attorney draw up the Findings of Fact and Conclusions of Law. Anderson: So moved. Bird: Second. Corrie: It's been moved by Mr. Anderson second by Mr. Bird to have the attorney draw up the Findings of Fact and Conclusions of Law and bring them back to us on July 6t" We're at the 15t", and then July 6t". Any further discussion? Rountree: Mr. Rountree, am I to assume that that motion includes the suggested changes that were discussed? Okay, thank you. Bird: Mr. Mayor, will this allow them to move the temporary over there by the 30tH? Gigray: Point of information. In light of Councilman Bird's question, it would be my advice that one of the purposes for which we sought the conditional use permit in light of the history of this particular facility and the need to get a conditional use permit under existing ordinances part of that is to allow the moving of this temporary structure so my advice to the Council would be no, they could not move that until an order was signed granting the permit. If this is a major problem then the Council should consider having a special meeting to adopt those Findings. We can' prepare them for you for your consideration at an earlier meeting, but I wouldn't recommend that be allowed until an order was signed. Bird: That's what I wanted to cleanup. Corrie: Mr. Rountree when are you going to have your planning meeting? We could have a special meeting first and then if you wanted to on that combine the two of them. Rountree: We could do it on the 22"d. That would be the normal time. Bentley: Mr. Mayor, I believe both myself and I think IVIr. Anderson are out of town that whole week. You'll be back? Okay, I'll be gone. Rountree: We can do it on the 22"d Bird: We need to do it early enough to give them time to get the arrangements made to get that moved out. That isn't an overnight move. • Meridian City Council Meeting June 15, 1999 Page 20 Corrie: Based on Mr. Johnson's reply here, they have to be at least by the 30th so if we had it on the meeting on the 22"a and.approved the Findings of Facts that would give them a week and a day. I can't open the public hearing, but does that sound okay? I mean it's kind of stupid what I'm asking you, but - Bird: Mr. Mayor, let me ask a question. Is there any way that we can approve the removal of the temporary at this meeting without doing that? I think there is. I don't know how, but I think there is. Rountree: We're always open for a good story Mr. Bird. Corrie: I know the Council can do just about anything they want to within reason and the law, but is there a way we can do that? Gigray: Mr. Mayor and members of the Council my advice would be not to allow it until the order is signed because as part and parcel of the whole process and I think you impune your own process by doing it without those steps. That's my advice. Now whether you follow it or not will be up to you. My suggestion is also if there is a need, we will try to accommodate the need by preparing these Findings as soon as possible. and if you wanted to have a special meeting even sooner than the 22"a, we would try to do that for you. Corrie: Well with all the activity with Dairy Days going on, it would be a Monday or a Tuesday so one day 1 don't think is going to make a big difference there. The testimony is they can do it. Glenn will be gone. You're going to be gone? Well that takes care of that. Gigray: Well my advice also is that they could take whatever necessary steps they need in the meantime and the staff could process whatever other permits knowing that these findings will be signed so everything is in place by the 22"a. But we can have them ready for you by the 22"a Rountree: Is it possible to have the order as it relates to the move by tomorrow? Gigray: It's all together so it's all going to be done at one point. Bentley: I think what he's asking is what are you doing tonight? Gigray: You set the meeting. We just have to meet your request. Bird: Does it all have to be under one order? Gigray: It's more work - it will all be done in one - i Meridian City Council Meeting June 15, 1999 Page 21 Rountree: Can we meet the notice requirements? Gigray: Well you're going to have to call a special meeting and then we're under a 24 h-our notice provision under the open meeting law. Bird: Mr. Mayor, if we had it the 22"d, there's no reason then they can't be getting ready to go and move in. When we pass it the 22"d, what do they have to do then to be allowed to move the temporary? Anything from Planning and Zoning? Stiles: Wasn't the parking lot going to be built first? Bird: Yes. Stiles: Well they won't have that done by the 22"d Bird: You're right. Forgot about the parking lot. Corrie: Okay, I've been told we need to maybe open up the hearing once more just for a couple of comments and I think that that's a pretty good idea, so if I could have a motion to do that. Bird: I pull my second. Bentley: We need to remove the - Corrie: We need to remove the motion, right? Bird: I remove my second. Corrie: Okay motion has been removed. The second (inaudible). Rountree: Mr. Mayor, I move that we reopen the hearing for item number 1. Bentley: Second. Corrie: Motion made and second that we reopen the hearing for comments on item number one. Any further comments? All in favor say aye. MOTION CARRIED: ALL AYES. Corrie: For clarification who wants to be first on this? Dick? • Meridian City Council Meeting June 15, 1999 Page 22 C~ Johnson: My name is Dick Johnson. I heard something about the 22"d. It will be fine. Corrie: 22"d, the parking lot and the whole thing? Johnson: We'll certainly be trying. That's a lot of work between now and then. ` Corrie: We want it done right. Johnson: Right, it's almost impossible. We need to get our plans approved through Public Works. I can't swear that the -promise you that the landscape plan would be done by that time, but the landscape is part of the parking lot and you know we will have landscape according to the city's wishes. It's going to be really tough to get a parking lot in there, the underground in and move the structure. Bentley: Mr. Mayor, question for Shari. Your comments on what Mr. Johnson. has to say. Stiles: I'm sorry Mr. Campbell was interrupting my listening. Johnson: I said I'd be Superman. Stiles: The 22"d would be super? Johnson: I don't feel that it will work, but we will certainly try to accomplish this on that schedule. That's not practical. Corrie: I don't think it's going to get through in time. I really don't. Stiles: Obviously you're not going to be able to move it by the 22"d. Right? Bird: No, they got until the 30th. Just a second. Stiles: The parking lot is not going to be constructed. The parking lot will take two weeks to construct. Johnson: Once we have approval, we're expecting a week yes from the time we start our underground footing and the storm drainage system and get the sleeves in under the driveways and get leveling courses on. First we have to get the engineer's approval. Bird: Mr. Mayor, -- Meridian City Council. Meeting June 15, 1999 Page 23 Corrie: Dick can f have you -this is not very good, but can I have you step aside just a second. I think we might have something here that you have to tell us Doug. Campbell: I really didn't want to do this, but here I am. I think what we need - Bird: Identify yourself. Campbell: My name is Doug Campbell, address 4085 W. Ustick, Meridian, 83642. I think where we have to direct this thing is have the Council go ahead and have that special meeting on the 22"a so we have the order to when the parking lot is completed, if it's.the 1St, the 2"a, the 3~a, we can move it. We're flexible. We can - we don't' have to say Wally we're going to tear down the trailer on the 30th, but we want to go ahead and get the 22"a get the approval and then we'll start scheduling and get this trailer and like I say it's probably going to take a week or two weeks to get approval and probably two weeks to build the parking lot. At least we're taking the right direction and we're not waiting until the facts and findings are approved on the 6t and then start it from there. At least this thing is working simultaneously. Corrie: As long as it's done right is what I think we're concerned about. Everybody here is concerned that it's done right. Campbell: I'm not hiring, Steiner is not, but Wally will be hiring the contractors and put in specifications. Corrie: Okay: Let me ask a question to Council. 1s everybody but Glenn going to be here the 22"a~ Bird: Yes. Corrie: Okay so we will have a quorum then. Bird: I've got a question for Gary. On the parking lot Gary, why can't they start the underground and stuff now if you can approve the thing before the 22nd? If Brad can get the plans approved if the plans have been turned in, submitted, complete? (Inaudible) Bird: I understood they were. Have the plans not been turned in? I understood from Mr. Johnson they had. Smith: Councilman, l don't know. ~ i Meridian City Council Meeting June 15, 1999 Page 24 Johnson: Preliminary plans are turned in, the final draft was presented to him today about 3:00. They are still stamped preliminary until after this meeting at which time we would take the preliminary stamp and sign seal them by the engineer and deliver them sometime tomorrow morning. Bird: Can some of the preliminary work be done for the underground and stuff on that? Smith: By preliminary I don't know what you mean. Bird: I don't either. No, what I mean is can't you start putting the underground drainage and stuff in, getting the compaction down and stuff like that? Smith:• That's part of the plans. I mean that's going to be part of the approval is the sizing of the drainage beds and sizing of the piping and so forth. That's part of the approvals. Bird: 'It's the same plans we have then which we are approving now. All we're asking for is Findings of Fact and Conclusions of Law and that's what we're going to pass, but the plans aren't going to change. They've met all this staff things already so why can't you start doing the preliminary work out there if the plans meet our Public Works specifications? Smith: Well I guess as soon as we can review the plans, yes. Bird: Okay. Corrie: But we don't have the plans in yet. Bird: You will have them tomorrow morning. Johnson: We will have them tomorrow morning. I've been working with Brad all along on -this. We gave him what he and I think are the final draft plans today, so that we can move-along on this. According to Brad, it's not going to be a long time out before he gets them approved. 1t could be you know tomorrow afternoon. All the calculations have been done, checked, everything over the period of the fast two or three, four weeks. Corrie: It sounds like we could go ahead .and do it the 22"d Council have a special meeting; and with what Mr. Campbell said they can go a little longer whatever the case may be and that will still give you time to do your parking lot. That gives our staff some time. I don't want to shove it down their throat. So it's going to be done right. I'm sure everybody wants it done right so is that all right Gary I mean as long as you have the time. ~ ~ Meridian City Council Meeting June 15, 1999 Page 25 Smith: We can move ahead as fast as we can on the`drainage part, but we're still going to have to have a completed site plan with the landscaping and everything else that's required for that. Whatever Shari's requirements are is going to have to be part of the site plan approval. I guess they could start on the subsurface works as soon as we have it approved, as soon as approve what they have. I mean I understand the necessity for moving as fast as we can. But it always seems like every. time.we move fast, we get tripped up some place. We'll process it as quick as we can. Corrie: Was there anybody else that had information for us that wanted to -Wally you have anything you want to say I mean you don't have to, but I think we're going on the right road here and getting things done. We're just trying to find out the dates and get everything put together with staff. Thank you. Bentley: I move we close the public hearing. Bird: I second it. Corrie:- Motion made and second to close the public hearing, all in favor say aye. MOTION CARRIED: ALL AYES. Corrie: Now, do we want to have that meeting the 22"d then and go ahead with that? Okay, I'll entertain a motion. Bird: Are you going to add that to your existing motion? Mr. Anderson? (Inaudible) Rountree: Mr. Mayor I move that we instruct the city attorney to prepare Findings of Fact and Conclusions of Law and Order of Decision to include the recommendations from the Meridian Planning and Zoning Commission with changes on item 1.20 as discussed previously and the combining of staffs specific comment 7 with' item 1.8, and that upon completion of the Findings of Fact and Conclusions of Law that the city hold a special meeting for consideration of those on June 22"d at 7:30 p.m. Bird: Second. Corrie: Motion made by Mr. Rountree and second by Mr. Bird to have the attorney draw up the Findings of Fact and Conclusions of Law with the recommendations and changes as stated in the discussion and hold a special meeting to June 22"d at 7:30 p.m. Any further discussion? Hearing none, all those in favor of the motion say aye. Meridian City Council Meeting r June 15, 1999 Page 26 MOTION CARRIED: ALL AYES. Corrie: So we'll be back the 22"d at 7:30 and we'll sign the rest of it. Bentley: Mr. Mayor I move we take a ten minute break. Bird: I second that. Corrie: Motion made and second to break. All those in favor say aye. MOTION CARRIED: ALL AYES. (TEN MINUTE RECESS WAS TAKEN) • Meridian Planning and Zoning Commission May 11, 1999 Page 12 MacCoy: Let me ask the attorney about this one because the letter we received is that they're pulling it off entirely. Rossman: They're withdrawing their application in its entirety? MacCoy: Well they're certainly entitled to do that. I don't think it's appropriate to continue it. It's just a - MacCoy: I don't either. Borup: Wasn't that the motion to withdraw it? De Weerd: Yes. Rossman: Just to withdraw it in its entirety and it won't be brought back before the Commission. MacCoy: No, it won't come back, so it's a continued public hearing and they're asking that they -what they're telling us they're solved their problem. They don't need the thing to go on. De Weerd: Right, so I moved to withdraw. MacCoy: Second on that. Borup: Second. MacCoy: All in favor. MOTION CARRIED: ALL AYES. MacCoy: I'm going to stop here for a moment . I want to ask the question from the audience. We have a full house here. How many of you are here item 15? I suggest that at this moment in time we move item number 15 forward to the next slot so you people can get a chance to get this completed and go home. Otherwise you'll be here until at least 10:30 tonight. Some of you people are standing up. I don't think you want to stand that long. ITEM NO. 15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY CLUBHOUSE BY CHERRY LANE RECREATION INC-4200 TALAMORE BLVD: MacCoy: Staff what do you have to say about that? • Meridian Planning and Zoning Commission May 11, 1999 Page 13 Stiles: Chairman MacCoy, Commissioners, we have reviewed the application that was submitted. This permit application was required because of the fact that a clubhouse is not a permitted use in the zone. In fact the golf course is not a permitted use in the zone .There was temporary conditional use permit granted for the modular home back in 1982. Apparently the conditions for the future site have just become ready for them to have access to it and have the sewer and water. Those areas are just now being platted. They apparently do have sewer and water to the site at this time. But though the application itself doesn't indicate the temporary building, it doesn't indicate anywhere in the narrative that they're requesting a temporary building. It is shown on the site plan, and so if there was any misunderstanding by any of the people out here that may have reviewed the application and only looked at the written portion of it. It would have been confusing to you, but that's basically where we stand. We have made comments as far as our recommendations for some modifications to the site, and I'm sure you'll hear lots of other testimony here tonight about what they would like to see in their neighborhood. MacCoy: Thank you. Bruce, do you have anything? Okay, is the applicant here? Oh, great. All right, we'll start off the other way then. Not having an applicant present, all those who would like to speak in favor of the request, you can come one at a time forward. JAMES A. YOST 2638 N. SEA COVE, MERIDIAN, IDAHO Yost: My .name is James C. Yost. I live at 2638 N. Sea Cove. I would like to speak in support of the operation of the permit to allow them to move their temporary clubhouse to the construction site of the new clubhouse and then we can get the new clubhouse constructed and then the temporary clubhouse can be removed and we'll have us a new clubhouse and we'll finally have everything where it belongs having a Cherry Lane Golf Course. I know that it's been difficult for some folks out there. I think the traffic situation will be much better with the access coming in to the golf course and a parking lot that's paved and more functional. If it comes in from Black Cat Road. Right now Interlachen is about the only way to get in there. I think the traffic will be much easier on everyone once we get that new parking lot built over there. I think it's something that needs to be done and I know there's been a lot of struggle with getting power to the site, working with the irrigation districts, working with the power companies, the gas companies and everyone. I think we're finally in a stage to do that. I recommend that you support this and allow the operator to get on with finishing up that facility. It will be asset not only to the community that we live in there, but to the entire City of Meridian. I think it will be something that we can be proud of. It will generate revenue to the city and those of us that constructed in the area waited a long time for an 18 hole golf course to be constructed. We waited a long time to move out of that temporary facility where it is, • Meridian Planning and Zoning Commission May 11, 1999 Page 14 and we're anxious to get a new facility constructed and do away with the temporary things and get back to a permanent life there. Thank you. MacCoy: All right, stay right there a moment. Commissioners, do you have any questions of him? De Weerd: I have none. Borup: None. MacCoy: Okay, thank you very much. Anyone else who would like to speak in favor or support of this applicant? Okay, let me turn it around the other way. Anybody here that would like to speak in the other direction? Yes, go ahead. MIKE KESLER 3450 W. WOODMONT DRIVE, MERIDIAN Kesler: My name is Mike Kesler. I live at 3450 W. Woodmont Drive, and I'm opposed to the temporary structure. I'm certainly not opposed to a permanent structure on the new site. I first looked at Cherry Lane Village 11 years ago, and oh you bet. There's going to be a permanent facility there. It's going to be there just a few years. Well it was placed in '82 by this P & Z Commission and is still there and it's going to get moved again and it may be there for the next 15 years. So maybe whoever buys my house will have the same cherishable rights that I've had just dreaming about a new clubhouse. If it is moved, I think there should be some very strict requirements that is replaced within "x" months. I certainly wouldn't go out years. It only takes about two hundred days to build the clubhouse. If they can build a house in 120 days, I'm sure they can build a clubhouse in 200. So I'm opposed to moving a temporary facility. I suggest that the person that individuals or company that has the use of that the rights of that golf course proceed with a permanent clubhouse to match the rest of the zoning in that area, which his permanent. We do not allow movable residences in the areas. So why should we have a movable clubhouse? MacCoy: Good point. Borup: Mr. Chairman, I have a question. Sir, then are you proposing to leave the temporary trailer where it's at until the new clubhouse is built or close down the golf course? Kesler: I don't know when they have to have that build by. Borup: I'm not sure, but they need to operate out of something. What's your proposal besides - I understand what you're saying. Let's not have another temporary thing there for going on forever, and that makes - M • Meridian Planning and Zoning Commission May 11, 1999 Page 15 Kesler: There is a temporary you know to meet other - I can't understand why the planning was done for the other plat before this was done. I guess I could ask that question, Mr, Borup. Meaning it's kind of the cart before the horse. It's almost like the residents out there you know you're dog gone if you do and dog gone if you don't. Borup: Well no that's what I'm trying to figure out is what do you see as the ideal solution to keep the course operating while the new building is being built? Kesler: Certainly and I think the thing is that there is a restriction of no more than so many days and certainly less than a year to have normal construction done. We're coming up on the prime construction months as you well know. MacCoy: We don't disagree with that, but we've understood that I'm going to have the applicant has been called. He'll be here quickly that Steiner Corporation which owns that property has asked them to be moved out as of the last of April and now we're into May already and we're living or they're living on a borrowed time situation. That's the reason-the temporary situation has come up to light because now - Kesler: How long ago was the occupant notified that he had to move? MacCoy: I'm not sure. I'm not sure of the details. I was hoping that they would have somebody here that can answer that question because I hear various things. Kesler: It's a good way to chase the commission. MacCoy: Well we look at it as this is a new commission compared to what the date on this thing is because they've had this thing in operation 17 years, and we're wondering come it took them this long to wake up the fact that they had to get moved, so we had our problems too. Kesler: Right. MacCoy: Okay we'll get some answers. Thank you. Barbeiro: Mr. Kesler, I had a question for you. So that I can clarify your opinion, you do not object to the moving of the temporary clubhouse to its new location on the premise that a permanent be in place within one year. Kesler: Less than one year. Barbeiro: Okay thank you. ~ ~ Meridian Planning and Zoning Commission May 11, 1999 Page 16 MacCoy: I understand now my message that the applicant is here. Will he come forward? He or she, I don't know who is going to speak. Is Wally here? WALLY LOVAN LESSEE OF CHERRY LANE GOLF COURSE, MERIDIAN Lovan: I would like to try to answer the question someone has. I came here this evening to ask for a temporary permit to move the clubhouse existing clubhouse to get our parking lot going. That is the number one thing to move the clubhouse. We have to have the parking lot done and to also start construction of the new clubhouse. I would like to have Mr. Dick Brown be my speaker. He knows all these things. He's been working with me for almost a year now. He is a surveyor and has a company that does some of the engineering for him so he's very, very knowledgeable of the technical things that you people might want to ask. I'd be most happy to try to answer any questions that anyone has now. De Weerd: Mr. Chairman, I guess I would just have a question as far as what is your time frame? Lovan: My time frame right now here the first of March, I had all my subcontractors already lined up. Borup: Have you applied for a permit? It looks like you got a full set of construction plans. Have you applied for the building permit yet? Lovan: Yes. De Weerd: No, I just wanted to know the time frame when you think construction will be completed. Lovan: I would say within four months of the date of starting. De Weerd: And that's the parking lot and the building itself? Lovan: Yes. De Weerd: Okay, that's the only question I had. MacCoy: Okay, Mr. Lovan just to clarify in my mind here, I have read some material and I have heard about some of this where you presently have your trailer, Steiner wants that land back and he indicated that he had given you an eviction notice the end of April. Lovan: Yes. Meridian Planning and Zoning Commission May 11, 1999 Page 17 MacCoy: And you're living on borrowed time now. Lovan: I am. MacCoy: Is he willing to let you sit there a little longer because I hate to move a temporary unit. I'd like to see you build the new unit where it is and we don't have to fiddle with the temporary unit. Lovan: I would prefer not to move the unit. I'm not sure that he would wait as long as another four months or so. MacCoy: He wants that land back I guess to build on is what he's talking about. Lovan: He has already started part of the construction. MacCoy: Oh, he has. Lovan: He's constructing the roadways now. MacCoy: I've seen equipment out there. I was wondering what was going on. So the reason you're asking to move your temporary operation is because the very fact that he wants you out of there and otherwise you would be preferred to stay where you are until you finish your final building, right? Lovan: Yes. MacCoy: Okay, I just wanted a clarification. Lovan: One of the reason the clubhouse itself is now sixteen, seventeen years old, but it is wired so that we can do our rental carts, and all we have to do is move it and have it hooked up and we can service in all our rental carts. We have 52 rental carts now. MacCoy: We're working to actually a legal case here from the standpoint that you're going to have to move it because of the owner of the property says you must be off of it. Lovan: Yes. MacCoy: So that's the reason the board will have to look at making a temporary change to a permanent change. Okay, can Mr. Brown come forward? ~ ~ Meridian Planning and Zoning Commission May 11, 1999 Page 18 Borup: Mr. Chairman, maybe I'd like to just reiterate maybe what Mr. Lovan has said". At this point, your application, your building permit is applied for. Is it ready? Have they approved it yet or are they still reviewing? Lovan: I really don't know. Borup: But it's in the process? So it's your intention .then would be to start construction as soon as you have approval from the city to begin? Lovan: Yes. My number one thing is to get the parking lot done, and we have all the plans in. We have the - Borup: You need that done to even use the temporary building. Lovan: Yes, right. Borup: And then as soon as the city has approval on the plans and the building permit received then you're ready to start immediately on construction. Lovan: Right. Borup: I think that probably would answer a lot of their concerns that other people here have. Lovan: I guarantee you that as soon as we get the new clubhouse open that we will get rid of that mobile home. MacCoy: Commissioner Borup, we have a staff comment coming up here. Borup: Okay, I think that is all the questions I had. Stiles: I just wanted to clarify for you no building permit has been submitted for anything on this project. The plans we got the revised plans that you got in your packets which are dated May 1999 we got Friday. So this has not gone -they would need to have a certificate of zoning compliance before they could start processing the building permit application, and they can't get a certificate of zoning compliance unless they receive a conditional use permit and they comply with those conditions. Borup: So you're saying they can't even turn it in until it gets through this process? Stiles: Right. Borup: Okay. Meridian Planning and Zoning Commission May 11, 1999 Page 19 Stiles: Once it gets through your possibly once it gets through Planning and Zoning Department, it goes to City Council prior to findings. There's a possibility that they may consider starting to process it based on all of the conditions of approval but we don't know what those conditions are right now so we can't issue a certificate of zoning compliance. Borup: That makes sense. So you're saying if everything looks good, they could - maybe start on the parking lot. Perhaps not the building, but get the parking lot going. Stiles: Well at least once they get through at least through the council at their public hearing. Borup: Right, okay. Stiles: Which normally we would wait clear until the findings were done and approved so that would save them some time. Borup: So the faster this gets approved, the faster they can start building. De Weerd: Shari, does that mean probably July until it gets through the process? MacCoy: It's hard to tell. Stiles: It could be June or possibly the first meeting in July. De Weerd: Okay. MacCoy: All right, can we have Mr. Brown come forward please. Lovan: I would like to ask one question. if we cannot get this done and Mr: Steiner gives us an eviction notice, what do we do then? How do we operate the golf course? MacCoy: Well that's what we're trying to work out for you from our side here, so we're not disagreeing with you. We're trying to get the job done for you in the proper format. DICK JOHNSON Johnson: My name is Dick Johnson. Dr. Brown is my golf partner. My address is 9225 Chinden Boulevard and I can try to answer any questions you might have or we can go through the conditional use permit whichever you wish. MacCoy: The items that -you've received the staffs comments? Meridian Planning and Zoning Commission May 11, 1999 Page 20 Johnson: Yes, we have. MacCoy: Okay, all right let's start with those. Johnson: On the CU comments themselves, we have no problems with items 1 and 2. Item number three, the sewer and water, if I may put my glasses on here. No utilities are shown on the site plans and how the temporary structure will be serviced (End of Tape) Johnson:...permitted, installed, inspected and all approved prior to this meeting. It happened about three months ago that we put in the utilities for the temporary clubhouse structure. The gas, power and telephone are not in place. They are pending the power company's time table. The telephone company has said they would put in a temporary phone for us. Item number four we have no problem with. Item number five as far as signage, there is a sign proposed on the drawing. It's a 4 x 8 redwood sign. It is out of the site area for the traffic. There again it would be four foot high. A request will be made for a future sign at the intersection of Talamore at Black Cat Road which we anticipate to be a stone an engraved stone set in the median there if we can get that approved. There's an existing sign on Cherry Lane indicating where the present clubhouse is. We would like to leave that in place for sixty days. That would give us time to notify the public that the clubhouse has been moved. And drainage plans for item number six are complete and ready to be submitted. We're just holding under the outcome of this meeting. MacCoy: I'm looking for a diagram of the sign. Johnson: Oh you want to see a picture of the sign? MacCoy: Yes. We need that to take a look to see what you're going to say. Johnson: Yeah, it just say Cherry Lane Golf Course. MacCoy: We have to know how big and what it looks like and so on. Johnson: Okay. MacCoy: Go on. Johnson: That was under conditional use comments for general requirements. There again for items number one, irrigation ditches what have you, we agree with that. item number two domestic wells, we agree with that. It's not applicable for this project. Number three the off street parking will be provided in accordance with the local Meridian Planning and Zoning Commission May 11, 1999 Page 21 ordinances. We concur with that. The parking lot, landscaping, lighting, drainage, traffic flow, what have you are all designed and ready for submittal. Items 4, paving and striping, we agree with that. That is shown on the plans. Borup: Mr. Johnson, I don't want to interrupt you, but at least for my benefit, I would rather you just went through and mentioned items that you maybe didn't agree with. Johnson: Items we don't agree with. Borup: Or something you had a concern with because we've read all the others, so if there's any -- Johnson: Site specific, I had one question on the 45 trees required. In a previous conversation with Shari Stiles, we talked about the tree count including the area around the clubhouse lying east of the Eight Mile Lateral, and I wanted to make sure that was still part of the tree count. Stiles: If we can count what is shown on the plan, east the Eight Mile Lateral takes in a lot of territory over there, so - Johnson: No, only within the bounds of the project. The line shown in there, Shari. Stiles: If they meet our requirements for a three inch caliper tree. The spruces would not be included as meeting that requirement. They need to be at least. six to eight feet high. No conifers of that size, three inch. Johnson: We have no problems with that. My next question would be with the sidewalk. There's a comment in here about installing number 8, providing 5 foot wide sidewalk in accordance with the city ordinance. This project is already part of the Lakes No. 4 Subdivision and they are required to put in curb, gutter, sidewalk, full street restoration through there. We are prepared to get with them and widen the sidewalk to five feet. That's not a problem. Borup: They should already be five feet. Johnson: Pardon? Borup: Aren't they already five feet? Johnson: The ones on Talamore are. Talamore is constructed. On Harbor Point Drive that is not constructed. The plans were signed February - Meridian .Planning and Zoning Commission May 11, 1999 Page 22 Borup: Okay, you're saying that the developer is putting in streets, curb, gutter, sidewalk and you're doing the developing within the site. Is that what you are saying? Johnson: The developer of the Lakes - Borup: Yes, is doing all the roads. Johnson: Yes. Borup: Okay. MacCoy: He's required to put in five foot as it is. Barbeiro: Mr. Johnson, when will the W. Harbor Point Drive be operational? Johnson: I tried to find that out today, but they didn't have a time schedule that they could tell me. Hopefully - Barbeiro: Within a year? Johnson: Oh, yes. Plans have been approved and everything. They just preparing for construction now. MacCoy: Okay moving on what else did you have comment? Johnson: We don't have a problem with anything on that. I just wanted to clarify the points on the tree count and the sidewalk. As far as Mr. Lovan's comments about when we're ready to start construction, the parking lot is designed, ready to submit this week upon approval of that, we're ready to start paving. Like I said we have the underground utilities in for the temporary site and there was a comment in there about six months maximum for the temporary clubhouse. We feel that's more than enough. MacCoy: Okay you're saying that you wouldn't have to have it that long in other words, right? Johnson: Well we would certainly hope not. It depends on the approval process. MacCoy: I understand that yes. That's the part you can't control and neither do we. Johnson: And how soon he gets kicked off the current site. MacCoy: Yeah, I realize that. • • Meridian Planning and Zoning Commission May 11, 1999 Page 23 De Weerd: Mr. Chairman, one other comment I would like Mr. Johnson to remark on would be the fire chief's comments. Johnson: Regarding the fire hydrant? De Weerd: Uh-huh. Johnson: There's an eight inch currently stubbed out to the property line. That eight inch in order to be taken over to the east side of the canal has to be engineered showing the valve structures and the bends in the pipe. Once the pipe is over there we just put the fire hydrant on it right there and then once the clubhouse is actually operational we remove the temporary clubhouse then that eight inch line will connect to the existing clubhouse with the backflow prevention valves and we'll have sprinklers in the clubhouse. De Weerd: But you will have an adequate hydrant for the temporary? Johnson: Yes, yes. MacCoy: And you understand the requirement for sprinklers in the building? Johnson: Yes. MacCoy: Basement. Johnson: Yes, it will be throughout the building both levels. MacCoy: That's for your protection as well as the code. Johnson: Sure. MacCoy: You got anything else on that? Staff, do you have anything at this moment? Freckleton: Mr. Chairman, members of the commission, I just wanted to make a couple of points of clarification. Site specific comment number three, we talked about repayment of late comers fees. I learned today that the clubhouse area was not included in the late comer service area, so they will not be subject to those fees. So just want to clarify that point and then on site specific item number seven the sidewalk - those sidewalks are included in the planning for Lake at Cherry Lane No. 8 so they will be built. Johnson: That's correct. I did say number four, didn't I? ~ ~ Meridian Planning and Zoning Commission May 11, 1999 Page 24 Barbeiro: Mr. Johnson, assuming that you had a building permit tomorrow, how quickly could you have parking and clubhouse constructed and ready for operation? Johnson: If we had the building permit tomorrow, the contractor is prepared to start tomorrow on the parking lot. Once the parking lot is in place, we can move the temporary structure over. We're ready to break ground if funding is available and you know we have to have the approval of the actual building plans, but then we'd be underway and we are hoping for four months from beginning to completion. Barbeiro: 120 days of construction from -that's for the building alone. What I'd like to know is it's a bare piece of land now, parking lot, clubhouse operational. If you had your building permit tomorrow for everything. Johnson: Maximum five months. Barbeiro: Thank you. MacCoy: Staff do you happen to have a set of drawings yet other than the stuff we have right now? Okay how soon will we - Johnson: Which drawings is that, sir? MacCoy: Well all I have so far is this set right here which is very difficult one to read. am looking for a set of drawings that we can take a look at, the building material, the structures and everything else. So I'm looking for when can we see something like that? Johnson: We will approach or get a hold of the contractor or the architect right away and ask him for a full set of 24 x 36 (inaudible). MacCoy: Ship them down to the Planning and Zoning Department. Johnson: Oh yeah. MacCoy: Alt right thank you. You can take a seat I guess now at this point. All right, where were we? Is there anyone else that would like to make a statement for this? Let me go back to that point right now since we interrupted our run. Okay, anybody else here would like to make a statement to in the opposite direction against this operation? PAUL NEWCOMB 3837 W. HARBOR POINT DRIVE, MERIDIAN Newcomb: I'd like to make several points on this. I'd like to start when I first received the notice from the City about this hearing, I concocted my own letter and spread it out ~ ~ Meridian Planning and Zoning Commission May 11, 1999 Page 25 amongst the area residents and spoke with numerous residents and request they give me their written were they not able to make it to this meeting. I'd like to submit these to the commission for your perusal at a later date. Now absolving myself as the spokesman for those people, I'd like to change my hat back to Paul Newcomb, zealot and make a few points here. The contract between Cherry Lane Recreation and the City of Meridian was nudge, nudge, wink, wink signed on the 3~d day of October, 1978. I believe at that time the director of Cherry Lane Recreation probably had an inclination that he needed a structure to operate out of and a conditional use permit was let in 1982 allowing the current trailer house to be sited at its current location and for the last 17 years, the trailer house has been the primary operating facility. The information that was given by Cherry Lane Recreation tonight makes me extremely concerned. They seem to be very evasive as far as a start date. The question that was posed to them numerous times was how long from the day that you have your building permit in hand, how soon will you have a structure made. Well it depends on funding, it depends on this, it depends on that. I would question the commission on a couple of issues. I've reviewed the conditional use permit. There is no mention in it anywhere of a concrete time line. They will have the temporary structure out in 120 days. They'll have the temporary structure out in 180 days. There is no mention of that anywhere in the conditional use permit. Borup: Mr. Newcomb a permit hasn't even been issued yet. Newcomb: In the application, excuse me. Borup: This commission would put restrictions on it. Newcomb: i understand that. It just occurs to me that this process has been drug out seventeen years through conditions and circumstances which Cherry Lane Recreation has really done nothing to mitigate and it would very much be my request that were the commission to approve it that they put extremely strict time lines and if possible a monetary bond be put up or a monetary fund be enforced should that time line be violated. My personal preference is here is that the City take the opportunity to right a wrong that was written on October 13t" of 1978 allowing me a moment to read the paragraph three from the agreement of lease between the City of Meridian and the Cherry Lane Recreation regarding rental. In lieu of paying any monetary rental until the second nine hole golf course is constructed and leased to the lessee, lessee shall at its own cost and without any obligation liability or indebtedness of the lessor, and within a reasonable time operate, conduct and carry on a golf course upon the leased premises for the use and benefit of the public generally in accordance with the objects or purpose of its incorporation. Lessee, meaning Cherry Lane Recreation shall pay the sum of $6,000 per year in advance as rental. This annual payment shall first become due on the first day of October next following the date upon which an additional nine hole golf course shall have been constructed by or on behalf of lessor and leased by it to lessee Meridian Planning and Zoning Commission May 11, 1999 Page 26 herein on substantially the same terms and conditions as contained in this agreement. Since the day the Cherry Lane Golf Course was opened, Cherry Lane Recreation did not pay the City one single dime in revenue in any way, shape or form. It was not until the second nine was opened up that the rental clause in the lease actually came into effect, and I believe that was September of '97. Would someone please correct me if I'm wrong. I believe that we as a city have the opportunity to correct this wrong. I can tell you the obvious not having figures to recite, but having researched it to some degree, $6,000 for an 18 hole golf course is a lease payment that anyone would love to have, myself included. But it's not realistic for a municipal golf course to only be receiving $6,000 in rent. I would request that the Commission deny the conditional use permit application, allow the golf course the current lessor to be evicted from the temporary facilities, allow the golf course to be shut down, which would cause the lessee to be in default according to paragraph nine page 4 of the agreement of lease and at that point, the City would be able to take over ownership and management of the Cherry Lane Golf Course and receive the monetary reimbursements that are due with an 18 hole course for the City. Any questions? Borup: Just a comment. Do you realize you're talking to the wrong body? We don't have the authority to - Newcomb: You do have the authority to decline -you have the authority to recommend that the conditional use permit not be granted. At that point then it's up to the rest of us to go to the City Council. Borup: It goes to City Council and they're the ones that negotiated the lease and the whole thing anyway. Newcomb: I understand that. All we're looking for is your recommendation that the conditional use permit not be granted. Borup: So your recommendation is to shut down the golf course essentially. Newcomb: No, my recommendation is for you to - Borup: I mean your preference is for the golf course cease business and anew - Newcomb: My preference was to allow the golf course to shut down to correct an error which could have been fixed 17 years ago, and allow the City to number one take control of the revenue which the golf course generates. Borup: Again those are issues that we can't address, so as far as (Inaudible) Meridian Planning and Zoning Commission May 11,.1999 Page 27 Borup: You're asking us to deny the request. Newcomb: Yes, I am. Borup: Okay, thank you. • De Weerd: Mr. Newcomb, what-would that -your recommendation to deny based on what? Newcomb: Based purely on the fact that the city has the opportunity to - De Weerd: I know but we can't take that into account. We can't look at those factors. What is your recommendation? Newcomb: Cherry Lane Recreation had a conditional use permit granted in 1982 that is 17 years ago. Cherry Lane Recreation has a history of ignoring the obvious. They know the conditional use permit is conditional. They have ignored the obvious that they need to have a permanent structure. Not until they received an eviction notice from their landlord did it actually inspire them to actually do something to mitigate the problem. It is my opinion that given the opportunity Cherry Lane Recreation would move the trailer house to the end of what is now number two and leave it there for another 17 years. I would recommend that this commission does not take Cherry Lane Recreation's application as it currently stands. As there is no enforceable way to prevent them from leaving it sit there for another 17 years as the application is written, there is no enforceable way to prevent them from leaving the temporary structure there for 17 years. MacCoy: Let me tell you a little bit here. We have the date that you talk about. We have it in stacked here. We have the history, we have everything and this commission is a different commission than allowed this to happen before and we have been in consultation for the last couple of months on the legality of all this and how we can straighten it out. We agree with a lot of the people here that it has been 17 years. That should never have happened, and so we can't talk about the history. We can talk about the future and that starts now. Newcomb: I am merely that as the P & Z Commission, you have an opportunity to make a recommendation to the City Council and then you leave it to us to go to the City Council and make our views known to them in the same light. MacCoy: And you will because that's the way the system works. Newcomb: Yes. Meridian. Planning and Zoning Commission May 11, 1999 Page 28 Barbeiro: Mr. Newcomb, speaking from the present and the future, it's fair to say that you have little faith in the word of Cherry Lane Recreation. Newcomb: Yes. Barbeiro: Your recommendation is not necessarily one that is operational, but one that is procedural. It is your recommendation and correct me that we decline the temporary use permit, that procedurally that would not allow the golf course to continue operations under the lease with Cherry Lane Recreation. At that point Cherry Lane Recreation would be in default of the lease and would allow it or open it up to either the City or other bidders to be - Newcomb: According to the lease, if the lessee is in default, it automatically reverts the City's ownership and management. Barbeiro: Okay that opens it up to either the City operating it or the City putting out to bid shall we say and which would also allow Cherry Lane to be amongst the bidders to operate the facility. Newcomb: Correct. Barbeiro: Thank you. Rossman: I think it's important before we have any further testimony to keep this proceeding from exploding into issues that are not relevant for this .proceeding, and relevant issues for this proceeding are whether or not this application for a conditional use permit for a temporary clubhouse and a permanent clubhouse comply with the Meridian Planning and Zoning ordinance and are compatible with the standards set forth within the ordinance regarding conditional use permits. Whether or not the golf course is an efficient outlet for the City of Meridian is not a relevant issue for this proceeding. Is the clubhouse and the application consistent with the standards and the ordinance are the only relevant issues in this proceeding, and obviously delay as to whether or not they are going to actively construct this facility once the zoning is permitted and the building permit is issued is certainly a relevant issue. (Inaudible) De Weerd: Mr. Kesler. MacCoy: Do you want to come forward here? (Inaudible) ~' Meridian Planning and Zoning Commission May 11, 1999 Page 29 MacCoy: Wait a minute. You got to get up to the mike here, because it's got to be (inaudible). Kesler: Okay, just one question. You were going to wait to answer and that was when was the eviction notice provided to the present tenant? MacCoy: You'll have to ask them, but my understanding was that it was in the month of April and it gave the date as the end of the month of April. I don't know when they received it. I don't have that information. Rossman: The City didn't issue that notice, sir. MacCoy: Steiner issued it because it's their property. Kesler: Okay. MacCoy: All right come on up here. Tucker: I agree with Mr. Newcomb, but what I'm concerned about is the parking area. it shows an entrance or exit on the W. Harbor Point. (don't know if you have the same drawing. MacCoy: Excuse me, would you state your name again for the record. Tucker: Dave Tucker and I live at 4014 W. Harbor Point. This schematic that I have of the - is this what you have? It shows the parking area and the main entrance is on the boulevard, the Talamore Boulevard, but it shows another entrance or exit on W. Harbor Point. What I would Pike is that eliminated because on W. Harbor Point, there are retirees and down the street if people go that way and there will be a lot of traffic. There's a lot of little kids down there. But if you eliminate that entrance or exit from that parking area on Harbor Point, all traffic will be on the boulevard. MacCoy: Okay good point. Tucker: Very good point, thank you. Borup: I have a question Mr. Chairman. Yes, you were saying there's -where are the residents on Harbor Point? I assume that it's further down the street north and east. Tucker: If you go east on Harbor Point, there's no homes right there just east of the canal yet, but there will be. But as you go east on Harbor Point, there are a lot of retirees who bought homes - ~ ~ Meridian Planning and Zoning Commission May 11, 1999 Page 30 Borup: Well I guess my question would be why would that other exit put more traffic on W. Harbor Point? Tucker: I'm saying if you get rid of that, there will be no traffic on Harbor Point. Borup: Well yes it intersects down there with Talamore. The same cars can still go. Tucker: Right, but that's the boulevard and they will be heading out towards Black Cat. Borup: And so if they turn in on Harbor Point, they won't go to Black Cat if that's where they want to go? Tucker: Well they may, but they might turn right too, so what I'm telling you is as a citizen I don't want that there. Borup: Well I'm saying it's not going to make any difference. People are going to go where they want to go. Tucker: Yeah, that's true. Borup: And if someone lives on W. Harbor Point, they are not going to drive to Black Cat and come around - Tucker: I'm not talking about the people that live there, and I think you know that. Borup: But people are going to go the shortest and most convenient way, and whether they have to come out on Talamore and circle around to W. Harbor, they are still going to go there and I don't know, maybe I -there may be some - I think there's probably some other issues on the amount of exits that are required on a project this size. MacCoy: Yes, I think there is. We have to take a look at that, but he's raised the question so it's fine. Borup: Most of the homes are to the east though. Is there anything directly across the street was what I was wondering really. Tucker: On Harbor Point? No. Borup: Okay thank you. MacCoy: Anyone else? • Meridian Planning and Zoning Commission May 11, 1999 Page 31 SHIRLEY TUCKER Tucker: My name is Shirley Tucker and I'm at 4014 W. Harbor Point, and I just want to clarify something that my husband had brought up. What we're talking about is on W. Harbor Point Drive all the houses face the road. We have a setback of I don't know what it is. MacCoy: About 20 feet. Tucker: Yeah. We all face the road. We have children, we have family things going on there. Talamore does not have any houses facing the road. It's a boulevard. It's all just a greenway through.there. What we were thinking is if they could open up if they closed this and open up another exit here, it would naturally flow all the traffic or the majority of the traffic towards Talamore and back on Black Cat. Now you get someone who lives there, they're going to be aware of the way the houses are on W. Harbor Point Drive and they will go slow. We have a problem with speeding now, but it's mainly the construction guys. So we're kind of looking at people who get lost, people who you know, it's a very easy thing just to come in Talamore and if the exit flows back out Talamore, they won't get lost where it goes out Harbor Point, they're going to sit there and go now which way did I come in? I don't know maybe men don't do that, but women do. And so we were thinking that it might just be a better traffic flow if you had them come in and go out another exit right on the same boulevard where there no houses facing and less chance of children running out there. Thank you. Any questions? MacCoy: I guess not. Thank you. Anyone else would like to speak at this time in our open public hearing? JACK FROST Frost: My name is Jack Frost. I live at 2200 Oak Hills Drive. I'm wearing two hats here tonight. The i'irst one is I'm president of the Cherry Lane Homeowners Association 3, 4 and 5, which is (Inaudible) and Oak Hills and Woodmont and (Inaudible) and Birdie Drive and Tupelo and all that area in there. Speaking for the president and not of all the homeowners, what I'm concerned about is making sure that we do have a professional and good clubhouse and outbuildings that are new. That's our biggest concern so that our property value stays the same, not increases and it's a beautiful area out there and we want to keep it that way. I know there are new homes going in on Lake Harbor or-f think that was the street and on Talamore and all that area out there. We do-we are concerned about that and want something professional in there. Along time coming and we're glad to see the clubhouse is going to be built. My other hat is an individual on Oak Hills Drive. ! do approve and would approve a conditional use permit, but I do not approve of moving the trailer house over there. I don't even see how it's going to make s • Meridian Planning and Zoning Commission May 11, 1999 Page 32 it when they (Inaudible}. To answer the question, what's the alternative, I don't know what the alternative is. He's had 17 years to think about this and so that's-I don't know, but if you do approve it and let him move that trailer over there, there better be some restrictions for removal within 60 days, or whatever. I'm with the gentleman who was up here earlier. If there-if he does not comply with the building conditions in four months, or five months, whatever it is, but that (Inaudible) clause be included. It's a long time coming, nothing personal against Mr. Lovan, I like Mr. Lovan and a lot of people that work there, but I think we ought to move on and let's get that sucker built and make it professional. MacCoy: We agree, maybe to ease your mind, one of the things I just asked for earlier was the drawings because we agree collectively that we want a quality place out there, if we are going to have a house, let's make it right. Frost: Yeah, Mr. Lovan showed me the drawing and it looks real nice. MacCoy: Yeah, we still have a lot of questions yet. We are going to be looking at it pretty tightly. Any other questions for him? De Weerd: I have none. MacCoy: Any other person out here who would like to feel inclined to come up and say something? Come ahead. GORDON MARGULIUX, 2040 INTERLACHEN WAY, MERIDIAN. Marguliux: I'm actually less than 50 feet from the clubhouse right now: My concern, I just got here, I don't know what else other people have mentioned. My sole concern right now, because it's actually to my benefit because the traffic will cut down drastically. We often have traffic parking on our street for the golf course, so I'm glad to see they have a lot of parking over here. There is a lot of things that they've done well, but my concern is the noise that will come from the new clubhouse, not in the sense from the golfers, but from the sense--the fact that they have a new clubhouse and will want to have things in it like parties and things like that. Over the course of ten years where we have lived we have had a couple instances where the golf course has had parties and in those cases we've felt the brunt of the vindictiveness of the Lovans for our concern about the noise that they generate. A number of times we've had to go out there after midnight to ask them to turn down their amplifiers, and we've done it nicely, we're not ranting and raving out there, but we have gone down and found Wally and asked him. I've had, I've felt the vindictiveness the following day from Wally, my kids have felt the vindictiveness, my wife has felt the vindictiveness. At one time, they even had a wedding which the police came, we didn't call them, but the police came and had to break it up because of a fight between the bride and groom, but what we did in each Meridian Planning and Zoning Commission May 11, 1999 Page 33 case, the following day or following week, we've gotten some (Inaudible) from the Lovans showing their discomfort with our apparently in being there, as in the case with the wedding, which we didn't call at all. There is no as far as I know, no noise ordinance in Meridian-there is now? We called on the second time, since they didn't seem to want to do anything about it. We called the police and they told us that there was no noise ordinance and because they owned a liquor license they could go a lot later than 12:00. So my concern is that in the middle of the summer time when the weather is really nice out there and they open the doors and they come onto the golf course and the band is playing and the school children who have to go to Chaparral, a year round school and trying to get some sleep and they could care less. This is an open golf course, there is no barriers. They are going to build this thing six feet above the ground. My fence can't be over six feet above the ground, but they are going to put this thing six feet above the ground and taper it off in the direction of the golf course, or across these houses. I can throw a golf ball from where they want to have it over to the first house on Lot 18 on Harbor Point. My concern is that they don't care, they haven't cared in the past, and they won't care in the future and if you give them a nice golf course clubhouse, they will want to do that. What my proposal is that they use sound deadening material which is not specified right now in there that they make the windows smaller, they have big pane glass windows which will just carry that sound through there, that they will have a curfew that at 10:00 which is not unreasonable, that 10:00 there will be no outside activities at the golf course, I don't care if they play golf, that's never been a problem, but I think if you look at the plans, their plans are set up with a dining area that faces that lake, which there is no noise barriers there. All they have that keep-is used as a buffer, they have three trees, three inch diameter Ash trees that they are going to have in there. So that's my concern. Any questions? MacCoy: No, anyone else? Come ahead. DICK JOHNSON. Johnson: I just have, I have to comment on a couple of things that have been said. It keeps coming back to the 17 years of this clubhouse being there. In 1982 at the Planning and Zoning Commission hearing, Mr. Lovan said he would move that clubhouse the day the road was in and utilities were there, that happened in 1997. We have taken a year to do the design. We are ready to start. The parking lot was not owned by the city until 1995. Therefore, no construction could have been started in there prior to that time. Parts of the clubhouse site (Inaudible) were not deeded to the city until 1997. Thus establishing a complete clubhouse site. Just one other thing about that old clubhouse, believe me, Wally and every player out there wants it gone as soon as possible. Once we are allowed to start our construction, we will get in there and we'll get it done and we will get rid of that clubhouse. Meridian Planning and Zoning Commission May 11, 1999 Page 34 Borup: Mr. Johnson, the site that this application is for, is that the site that had been planed for the clubhouse from the beginning? Johnson: Since 1975, yes. Borup: Okay, so it was just waiting for the roads to get in? Johnson: For the roads to get in place and the infrastructure as far as power, sewer, water, that became available in the fall of 1997, we started on the project in 1998. Borup: So this was the original site that was planned all along? Thank you. Johnson: Yes, we just didn't have parking or the area for the parking lot. MacCoy: Somebody back here wanted to have a say. LOREE LOVAN. Lovan: It's probably not for the benefit of the commission here, just for my own knowledge, I work with ReMax professionals, we've had to have party permits and noise permits and that. There is a noise ordinance at 11:00 P.M. So I just wanted to clarify that for those of you who don't know-if a permit is issued by the police department, that is when you shut down and that's when we have always shut down out there, if not before, as in the case of the wedding and that was a half an hour before at 10:30. MacCoy: Anyone else at this point? Do you see anybody else? Here comes Mr. Grant. GRANT KINGSFORD, 4304 W. WHITEASH, MERIDIAN. Kingsford: With regard to-I didn't come in at the very beginning and I don't know everything that has been said, but this has been a project that has been a pain in the butt probably for everyone involved. For most the people surrounding the golf course, and I can assure you it was a pain in the butt for myself. We have a situation .here that in 1977 when the first nine was built, the developer was going to build a clubhouse and he was going to exercise his options, build the next nine all of which would be deeded to the city. At that time, I had just got elected to the council, I didn't start to serve till that January, this was in November. The economy went up side down, and that developer bless his heart went back to Seattle, which I could think of a few places that I would've rather he gone. But any event, the project was never able to be built, the clubhouse and those sorts of things because we didn't own the land where it needed to go. Mr. Borup is exactly correct, it had always been planned and designed to be where it is going to go now. We didn't have those other nine holes and the area that the clubhouse Meridian Planning and Zoning Commission May 11, 1999 Page 35 will occupy, those things didn't take place until 1997 and 1998. Really the Lovans nor the City of Meridian had an accurate legal description as to where it went until this year. Soto have that project go forward, while everybody has been frustrated, I think the Lovans have been as frustrated as anyone. Certainly, of the things that I tried to do while I was at this city, I'll have to admit this was the most frustrating. It was a situation where the city owned a piece of land, we had a developer with the original nine that had some control over that, the Aires to Lewvitt-NuPacific, you had a pair of old farmers that owned some land, you had developers that then optioned those pieces of land, some of those options had switched hands during that time. I'll tell you, if you could have a legal and real estate nightmare, there is one there, but I don't think you can hoist that off to the Lovans. I think probably if there were errors made, maybe the city made them. When we annexed that property, the design was to be annexed for a golf course, that whole section of land was designed, prior to my occupation with the city, while I was teaching school here but hadn't moved into town, it was designed and annexed to be a golf course, an 18 hole golf course. The owners of the property that is now being developed as the back nine both came to me and said the development, the economy is up side down, let us build some other things, let us have a nursing home, let us have a hospital, let us have a racquet and swim club and I said let us have what you annexed the property for, a golf course. So we stuck to our guns and finally some twenty plus years later, we have an 18 hole golf course. Hopefully, we can have a clubhouse that people can check in and have a sandwich, on rare occasion maybe have a beverage after they played. Certainly an issue, let's not be pointing fingers at who is to blame, probably I would like to point fingers at attorney's, I always like to pick on them. Surely, don't like him and I don't even know him. I used to sit up here and really bash him. I've gotten out of that habit. I think what we have is a situation where we have new legal counsel in the city and the reason that the lawyers do so well is there is so many of them. We used to have one in town, boy I tell you he could barely live and they got two and they did a little better and now my God, they are doing real well. I think the issue is now we have a different legal counsel and they are saying the zone is not right. It was right as early-as recently as a year ago, but we have a different attorney. So things have changed, so don't be pointing fingers at each other, let's get the damn thing zoned and built. Thank you very kindly for your indulgence. MacCoy: Is there anyone else who would like to add to this? De Weerd: Was Mr. Kingsford for or against? MacCoy: We are trying to get this thing finished correctly, go ahead. Lovan: I would like to get this thing consummated too. It's been one of the most frustrating things I've ever had happen to me. To stand up here and listen to people, some are for it, some are against it. (Inaudible) That is not the issue, the issue is that ~ ~ Meridian Planning and Zoning Commission May 11, 1999 Page 36 this thing has sat under being there in 1975. That's when it first started, it was a dream of a couple of farmers there. I became involved in this thing in (End of Tape) Lovan: 1 finally took over this golf course and 1 was going to operate it because nobody else wanted to do it. The city had no money, the one percent thing went on the ballot, there was no money anywhere. I did not want the thing to go by the waste side. Every good city must have a good golf course. I've done my best to make it a good golf course. I think I have done a pretty good job. We are right now, in the later years of getting this thing finished. We need a little push right now. The place where I'm at right now, Mr. Steiner, he wants to develop it. He's wanting us off of there. In order to make it work for him and for me, I would like to move that mobile home for another four months or so. At that point in time, I will have built a club house of about 8,000 square feet and this was never in my lease agreement. I'm doing this now for my town. You better believe it, this is my town. I went to school here, I sent my kids to school here, I have my granddaughter going to school now and it is all of our towns. There is nobody here who has worked as hard for so many years tried to do something and make our town better. So all I need now is just a little help to get us through this little period here. Mr. Steiner who owns the property that our clubhouse is on now, he would like to develop it. So all I'm asking for is the club house, temporary clubhouse that I have right now. I agree with everybody, it is getting tattered now. It was never supposed to have been used as tong as it has, but I've been moving as fast as I possibly could to have it completed. It will be completed by the end of this year if I have cooperation. That's it. MacCoy: Thank you very much, any questions for him before he walks away. Anyone else? 1 think we've pretty well exhausted the material. Staff do you have anything you want to add at this time? Commissioners, what is the verdict? What do you want to do? De Weerd: Mr. Chairman, I guess I would like to ask staff a question. Shari, during the testimony I believe the Tuckers brought up the suggestion to close off one exit and perhaps add another curb cut on Talamore Boulevard, is that a possibility? I guess I should be asking the developers as well. Stiles: It would need to be addressed by Ada County Highway District, there is also the issue of the landscape island that exists in that road or is planned to be in the road. It's there? That would make that hard to do unless you removed part of it. De Weerd: Have we received comments from ACHD? Perhaps Mr. Johnson- can answer that. Johnson: Ada County Highway District required 24 foot paved entry on Talamore and on Harbor Point each place, and it's also for fire access for access for the fire truck to Meridian Planning and Zoning Commission May 11, 1999 Page 37 come in (Inaudible). This was approved by Ada County Highway District about a month ago. MacCoy: Sounds reasonable because the code requires two entrances. Borup: Mr. Johnson, it looks like the design is indicating that the entrance exit on Talamore would be the major entrance. It looks like it's designed that way and that's the intention? Johnson: That is the intention, that's the highest traffic count road, so that would be the main entry. Borup: Thank you. MacCoy: Commissioner De Weerd did he answer your question? De Weerd: Yes, thank you. MacCoy: Okay, all right, the commissioners, do you want to continue the hearing or do you want to close the hearing or what do you want to do? Borup: Mr. Chairman, I move that we close this public hearing. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: What's your motion? Barbeiro: I have a question if I may. As I read here their request says conditional use permit for a golf course clubhouse, parking lot and temporary clubhouse. If we approve this, we are approving all three. MacCoy: That's what you are doing yes. So how do you want to phrase it? You can break it up, you've been given this as one item, but you can break it down. Borup: I think there is one staff recommendation that seems to be well in line with what most of the public testimony was and that is the time frame. Shari's suggestion on item no. 12 that maximum time frame of six months on the temporary clubhouse. Most of those who talked were. talking even up to 12 months. The letters were saying, that we read, that were 6-12 months. The six months seems to be in line with what the ~ ~ Meridian Planning and Zoning Commission May 11, 1999 Page 38 applicant says would work for them. I think that would be an appropriate condition to leave in there, to include in... De Weerd: Do you want to finish reading that paragraph because the rest of that also addresses some other comments. Borup: IT says the maximum time frame of six months needs to be established for allowing the temporary clubhouse, prior to moving the temporary clubhouse a letter of credit or cash should be received by the City of Meridian as guarantee for completion of permanent clubhouse and parking lot. The applicant did say that they had no problem with any of the conditions and that was one of them, so I guess that was included. That was one of the site specific. I think the only thing that needs to be worked out with staff is the amount of the letter of credit or bond. MacCoy: As long as you put that in your motion. Borup: The motion will include all staff comments would handle that. MacCoy: Let's make sure that come in there. Barbeiro: Okay, my concern is that according to the owners representative, the building and parking lot could be built in no less than five months. The permitting process based upon their having a complete set of drawings available today would be two months. There is seven months. (Inaudible) itself, this could not be built from today, where it sits today in six months. Borup: I had the same concerns, in fact I wrote down a note that six months from the time of issuance of building permit. Maybe we need to put a timeframe on that too on when the permit is applied for. They have testified they are ready, they are needing the approval before they can submit for the permit. De Weerd: It's too bad that we didn't ask someone out there if they could give us an idea of when that trailer needs to be moved. I was going to ask it, but didn't want to put him on the spot. It would be nice to have that information. MacCoy: When they are going to move the trailer? They can't move it anyplace because there is no agreement to move it. De Weerd: When that trailer needs to be-off it's current spot. MacCoy: Well, their eviction notice is already passed. It's like off now. That's one of the things that has been concerning the Lovans because they are at a point of shutting down the golf course. Meridian Planning and Zoning Commission May 11, 1999 Page 39 De Weerd: Well, as I read it, it's six months after the approval of this CUP. It sounds like they can do that. Shari, what kind of time frame is it to get a building permit? Stiles: Commercial building permits I think are typically taking them about 4-6 weeks from the time that they start the process. De Weerd: And do they need a building permit before they put in a parking lot? Stiles: They need to have an approved plan. Borup: Approved by the building department? Stiles: It goes through the public works department. Borup: For the parking lot? Stiles: But the use itself is not currently permitted. Borup: I think what Tammy is wondering can the parking-construction of parking lot can start prior to the issuance of the building permit on the building? Stiles: It could. I mean once it goes through City Council. If council directs us to do that. Borup: Then- commissioners, is the question is when does the six months start? Isn't that what you were leading to as a problem? De Weerd: That would certainly be my question. Barbeiro: Well, as I read it, it says six months and I'm reading it from the day that we approve the conditional use permit. We've already established that there is no way they can build this in six months. Borup: Right. Rossman: But you are not really approving the conditional use permit. You are recommending approval. What I think the staff recommendation is directed to is six months from the approval of the Findings of Fact and Conclusions of Law by the City Council. Borup: I think Tom is wondering if that's... ~ ~ Meridian Planning and Zoning Commission May 11, 1999 Page 40 Rossman: That may not be sufficient, that's up to you. Borup: Well if you are talking six weeks for a building permit, now we are down to four in a half months. De Weerd: They said they could build it in four. So lets go, lets do it. Borup: You know how some of those contractors are. MacCoy: I know Keith. You have the best feet for that, where do you want to sit down for timing? Borup: I think six months from the issuance of the building permit gives plenty of leeway there. Then maybe we need to say six or eight weeks from the approval to have the building permit. Or just go eight months from the time of approval. That would be a month and a half or so for approval of permit and six months to have the construction. Barbeiro: In addressing the letter of credit or cash, do you want to continue with a specittc recommendation? We can do a performance bond, we could do a... De Weerd: I would prefer to leave that up to staff. Borup; Me too. Barbeiro: Okay. MacCoy: Okay, do you got a motion? Rossman: Please include within any motion if there are any staff recommendations that you don't want to-well, just what your direction is with regard to the staff recommendations. De Weerd: Such as omitting three and seven of site specific comments. Rossman: That's fine. Borup: Oh, something else just hit me on how this... De Weerd: Were those right Bruce? Freckleton: Yes. • • Meridian Planning and Zoning Commission May 11, 1999 Page 41 Borup: Staff recommendations were no more than six months for the temporary clubhouse. The temporary clubhouse wasn't going to move in my understanding until after the parking lot was built. Is that correct? MacCoy: That was said, but he is going to have to move that. Borup: He's not going to move it until there is parking at the new site. Was the testimony that I heard. MacCoy: That's what happens, if he's got a house out there, a temporary house, and he can't park the car, he's stuck anyway. Borup: Okay, so then I don't know that six months is a problem. That's after the trailer is moved, you are talking six months. Isn't going to move until the parking lot is built. MacCoy: Well that's what he said anyway. We've got a limbo state here that has been. De Weerd: I'm hoping the powers that be are working it out back there. (END OF TAPE) Borup: Well I believe that was how I heard earlier, so I don't know that we needed to change anything on staff comments other than what was already mentioned. We are not talking about six months from now, we are talking about having the temporary clubhouse for six months and that time doesn't start until it's moved. Isn't that correct? We are not talking about giving-so the six months will start from the time that the clubhouse is moved and how fast that happens is going to be up to... MacCoy: It's a chain reaction. Borup: Wel! no, but they've got some control there. So I don't think we have a concern. De Weerd: Well it first has to clear tonight, !et's just get this going. Barbeiro: Yeah, what I see as a problem and I'd like to ask the staff this, as it stands, we do not have permits or anything operational available for them to build the parking lot yet. De Weerd: No. Barbeiro: So we need a parking lot first and then they-can move the temporary building to it's site, we are still two months out before they can even have a parking lot going. Borup: That's what they are going to have to work out with their landlord or sit down. • ~ Meridian Planning and Zoning Commission May 11, 1999 Page 42 MacCoy: We have no control over that. Barbeiro: Now established a time frame, thank you. De Weerd: Mr. Chairman, I move that we approve a conditional use permit for a golf course clubhouse, parking lot and temporary clubhouse to omit comments site specific comments 3 and 7 and to underline comments number 12. Borup: Your motion was to recommend approval? Okay, second that. MacCoy: Discussion? Barbeiro: Point of clarification, there has been a discussion of the operations of the new clubhouse that perhaps if I were to infer that it is operational during daylight operations only during the time that active golfers would be on the course and returning off the course. Do we have the right to establish the recommendation that the clubhouse be operational during daylight hours or golfing hours. MacCoy: I don't see where that comes into our jurisdiction. De Weerd: Does Bruce have a comment? Freckleton: Mr. Chairman, members of the commission, I just wanted to make one small point of clarification on site specific item no. 3. The latecomer fees is the only portion of that comment that we need to strike, the requirement for the... De Weerd: Entering into an assessment agreement. Okay. Freckleton: Still needs to be in there. Borup: Actually we probably don't need to strike that, it says may be charged, it doesn't say will be charged anyway. De Weerd: Okay, well I would amend my motion to include site specific comment no. 3. Borup: Second. MacCoy: Any more discussion now? De Weerd: No. MacCoy: Okay, I'm going to call for the vote. All in favor? • • Meridian Planning and Zoning Commission May 11, 1999 Page 43 MOTION CARRIED: All ayes. MacCoy: All right, thank you for coming this evening and putting your two bits in. It makes it easier for us believe it or not. It's 9:00 let's take a break right now and reconvene in 15 minutes. (BREAK) MacCoy: The commissioners and they've decided to go the distance tonight so we may be here till along time, we request that you work with us and we can get this thing done fast. Item 3 now, having completed item 15, it's a continued public hearing. ITEM NO. 3: REQUEST FOR CONDITIONAL USE PERMIT FOR AMULTI-BUILDING COMMERCIAL OFFICE INCLUDING BANK FACILITY WITH DRIVE-THRU (TREASURE VALLEY BUSINESS CENTER) BY CLARK DEVELOPMENT- SOUTHWEST CORNER OF EAGLE RD & FAIRVIEW AVE: Stiles: Mr. Chairman, commissioners, we did receive a revised plan, we got that late Friday and was put in the packets and put in your boxes on Monday I believe. I have not had time to review it. I feel like they are perfectly willing to meet all their requirements, however, without having any time to review it, I don't feel comfortable making comment on the adequacy of the existing plan. Apparently we still do not have any utilities shown. Bruce has indicated that he does need to see that. The response was that the utilities are existing, but we don't know where those are, they are all private lines and I think as part of Bruce's review he does want to see that and I'm not sure whether waiting till the building permit application is submitted is adequate. Other than that, without having like I say the actual time to do a review of ordinance requirements, I can't comment that I would recommend this to go forward tonight. MacCoy: Bruce do you have anything? Is the applicant here, after all this? Come forward and state your name. BILL CLARK, 479 MAIN STREET. Clark: Commissioners based on what Shari just told you, I wonder if you might want to wait until she has had a chance and the rest of the staff to review the revised plans put together. Just as a general comment I think that we have complied in these revised plans with the concerns that were brought out in the initial staff report and with respect to the utilities, these utilities are part of those that have already been approved and installed for Treasure Valley Business Center who are simply hooking in to those and so those have already been approved and reviewed and accepted by the highway district and City of Meridian. I guess that's our view of it. It would be something that we would expect to be dealt with at least for the portion to be developed onto our site to hook into s-.. .- t. ..~.~ ~-.. January 26, 2000 I MERIDIAN CITY COUNCIL MEETING: FEBRUARY 1 2000 APPLICANT: JOANNE BUTLER AGENDA ITEM NUMBER: REQUEST: UPDATE ON CHERRY LANE RECREATION INC. AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER FROM JOANNE BUTLER CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT; CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT; MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~ J ADA COUNTY STREET NAME COMMITTEE: ,Q G''~ (Y CENTRAL DISTRIGT HEALTH: U'" NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~~ti m~^ BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. JRN-26-2000(WED) 10:18 MOFFRIT TNOMRS A,~T~ Moffatt Thomas . MOFFA'Z'r THOMAS FSARIZETT ROCK 2~ FZ~LDS, CH~'D. 1oAnn C, Butler 205.385.y40d direct jab®moffatt.com 2083855350 't35 January 26, 2000 FACSII-~IIIr.E Mayor Robert Corrie City Council Members City of Meridian 33 E. Idaho Street Meridian, ID 83642 ate: Cherry Lane C>rolf Course MTBR&F File No. 21-707 Dear Mayor and City Council Members: 208.3a5.2oo0 2pS.395.53&4 Fax www.mofFa'ttmm R,~~E~D JAN 2 6 2000 CITY OF MERIDIAN 'This Firm is representing Cherry Lane Recreation, Inc. in connection with the Cherry Lane Grolf Course, including the proposed improvements to the golf course clubhouse and the loans in connection with those improvements. We would like to provide the Council with a review and update of these matters and respectfully request time to speak to the Council at your February 1, 2000 heating. Would you please contact me at the above-referenced number to confirm that we will be placed on the agenda. Sincerely, ~~Aw~ ~ ~ JoAnn C. Butler JGB/laa cc: (via fax) Wally and Nita Lovan Jennifer Lovan-Holloway Nancy Link William Gngray Will Berg 60[ MT1.Z87586.1 JAN 26 '00 10 34 Eoise Idaho Falls Pogtzllo P. 002 US Bank Plaza Building lot 5 Caphol Bled Loth fl PO Bcx 824 Boiseldaho 831010829 2083855350 PAGE.02 JAN 26 '00 10 33 2083855350 PAGE. 01 JAN-26-2000tWED) 10:17 MOFFATT THOMAS Moffitt Thomas MO~FAIT THOMAS BARRETT ROCK er FIELDS, C~TD. Return Mailing address: PO Box 829 Boise ID 83701 0829 2083855350 P. 001 i Return Delivery address: 101 S Capitol Blvd 10th FI Boise 1D 83702 C~Q~ Fax: 208 385 5384 Voice: 208 345 2000 Direct: 208 385 5405 2 Pages (including this cover page) Sent: January 26, 2000 File No.: 21-70/ 70: Mayor Come and City Council Fax Number: 887-4813 Voice Number: 88814433 CC: William Gigray Fax Number. 288-2501 Voice Number: 288-2499 CC: Will Berg Fax Number: 888.4218 Voice Number. 88814433 CC: Wally Lovan, Jennifer Lovan-Holloway and Nancy Link Fax Number. 888-4022 Voice Number: 88811080 FROM: JoAnn C, butler Description: Cherry Lane Golf Course Comment Please see the attached letter. PLEASE DELIVER IMMEDIATELY The information contained in this facsimile message is attorney privileged and confidential information intended only forthe use of the individual or entity named above. If you have received this communication in error, please immediately notify us by telephone to arrange for return of the original document to us. Thank you. dol M71:28168t.t JAN 26 '00 10 33 2083855350 PAGE.01 a~ ** TX CONFIR~N REPORT ** DATE TIME TOiFRDM 08 01126 10 39 +208 375 7154 .lFttl-co-cuuut wru ~ ~ ~: ~ a Mlq"f fl 1 1 ~ rwnn~ AS DF JAN 26 ,~].0 t 40 PAGE . 01 CITY OF MERIDIAN MODE MINiSEC PGS CMDkt STATUS EC--S 00'22" 001 138 OK LVWI.IJJJJV }'. VVL Eoiit Nano ra,lk Pocat`Oo Moffatt Thomas MOFFA.TT Tl-TOMAS ItAliltE'T"I' ROCX e* FIELDS, CHID. JoAnn C. Butler 203,~5.540a direct Jab®moifattcom January 26, 2000 FACSIMILE Mayor Robert Come City Council Members City of Meridian 33 E. Idaho Street Meridian, ID 83642 US Bank PW2a Building tot 5 CapRo1 Bhd 10th FI PO Bax B29 Boise I~ho 8307 0929 zos.sa6.2oo0 206395.5334 fd~c www,mo}fattmm )(tc: Cherry Lane C,<olf Course MTBRc~F File No. 2l -707 Dear Mayor and City Council Members: This firm is representing Cherry Lane Recreation, Inc. in connection with the Cherry Lane Ctroif Course, including the proposed improvements to the golf course clubhouse and the loans in connection with those improvements. We would like to provide the Council with a review and update ofthese matters and respeetfuUy request time to speak to the Council at your February ], 2000 hearing. Would you please contact me at the above-referenced number to confirm that we will be placed on the agenda. Sincerely, ~~...C. 6..`...r 7oAnn C_ Butler' JCB/laa cc: (via fax) Wally and Nita Lovxn 3ennifer Lovan-Ho1]oway Nanty Link William Gigay Will Bern 601 M71:231"a°6.1 J JAN 26 '00 10134 ~~ 2083855350 PAtiE.02 w ~er~ifiied Mailing Retu; Project Name ~ File No(s) ~,~ ~~ ~1 a n-~w, In ~ . Date of Hearing Name Address Reason for Return r~ ~.. MERIDIAN PLANNING AND ZONING MEETING: MAY 11, 1999 APPLICANT: CHERRY LANE RECREATION INC. ITEM NUMBER: 15 REQUEST: CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY CLUBHOUSE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU~OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~(Qv- ~~ G`~ ~~ OTHER: SEE ATTACHED LETTER FROM PAUL NEWCOMB All Materials presented at public meetin s shall become property of the City~idian;nn ~ `--~ ~~ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Coancil Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Planning & Zoning Commission, Mayor and City Council LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT ~208~ sal-22 u PLANNING AND ZONING DEPARTMENT (208) 884-5533 May 7, 1999 From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator ~~ Re: Request for Conditional Use Permit for a Temporary Permit for Mobile Home to be Used as a Clubhouse and Permanent Golf Course Clubhouse by Cherry Lane Recreation, Inc. We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: A conditional use permit for the existing temporary clubhouse was granted on March 15, 1982. Applicant is now requesting a conditional use permit to move the temporary clubhouse to a new location on the golf course. Also, this conditional use permit seeks approval for the location and design of the permanent clubhouse, as the R-4 zone does not accommodate this use. Revised elevations and construction details prepared by Architecture Northwest ere received on May 6, 1999. Elevations and construction details included in original packets should be disregarded. CONDITIONAL USE COMMENTS: 1. The property is designated in the Meridian Comprehensive Plan as Existing Urban. 2. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 3. No utilities are shown on the site plan with details to indicate how the temporary building will be served. 4. Assessment fees for water and sewer service are determined during the building plan review process. 5. No signage details were submitted. CUP-99-009 CherryLaneRec.CUP ~.1 ~~ P&Z Commission/Mayor & Council April 9, 1999 Page 2 6. No drainage areas are shown within the development. State agencies recommend that drainage swales be used for pretreatment of stormwater. GENERAL REQUIREMENTS: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9=605.M. The ditches to be piped should be shaven on the site plans. °Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their dor~stic service per City Ordinance Section,5-7-517: Wells may be used for nontl domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed insite-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D,5 of the City of Meridian Zoning and Development Ordinance and in accordance.with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site.° 6. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 7. All signage shall be in accordance with the' standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. $. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. ~. CUP" 99-009 ChenyLaneRec.CUl' ~i J1 ~,./ ~~ P&Z Commission/Mayor & Council May 7, 1999 Page 3 SITE SPECIFIC COMMENTS 1. Provide revised site plan deta~ing all existing and proposed ut~7ities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 2. Provide the Public Works Department with information on anticipated-fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 3. Applicant shall be required to enter into an Assessmern Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 4. Based on asphalt square footage of 66,850, a total of 45 three-inch caliper trees are required for the project. Due to the issue of buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Three-inch Norway Spruce trees will not be approved in the count of required three-inch caliper trees. Any conifers provided should be a minimum of 6'-8' in height. Staffrecommends that three-inch caliper trees be provided at 35 feet an cerner along W. Talamore Drive and W. Harbor Pointe Drive, as well as within parking lot planting beds. Provide detailed landscape plan for review and approval. 5. Particular attention will need to be paid to lighting plans to ensure adjacent residential properties and the traveling public is not impacted by glare, as determined by the City of Meridian. 6. Signage should be limited to one low-profile monument type sign near the urtersection of W. Talamore Drive and W. Harbor Pointe Drive. Sign needs to be placed outside of sight triangle. Detailed signage plans will be subject to design review. 7. Construct five-foot-wide sidewalks along the entire frontages of W. Talamore Drive and W. Harbor Pointe Drive. 8. Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 9. Provide handicapped accessible parking spaces and associated signage in accordance with the Americans with Disabilities Act. All building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. CUP-99-004 CheiryLaneRec.CUP P&Z Commission/Mayor & Council May 7, 1999 Page 4 10. Submit letter of approval from Nampa-Meridian Irrigation District for trees shown within their easement for the Eight Mile Lateral. 11. Certificates of Zoning Compliance and Occupancy must be issued prior to any use of the property. 12. A maximum time frame (no more than six months) needs to be established for allowing the temporary clubhouse. Prior to moving of the temporary clubhouse, a letter of credit or cash should be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot. CUP-99-009 CherryLaneRec.CUP ~ ~ y~ ~ `-J HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT , x C ~~l CITY OF MERIDIAN o~~ Member, PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO• BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 c2ox> xx~-ZZ I i RON ANDERSON Phone (208) 888-4433.• Fax (208) 888 ~ ~E~ PLANNING ANU ZONING 1 v.v DEPARTMENT KEITH BIRD (208) 884-5533 APR ~ ~ ~ ~QQ City of Merid~2i7YX City Cleo°~. O~fic;P TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4, 1999 TRANSMITTAL DATE: April 7, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP-99-.009 REQUEST:- CONDITIONAL USE PERMIT PARKING LOT FOR A GOLF COURSE CLUBHOUSE & BY: CHERRY LANE RECREATION INC. LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH- BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELiM & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _ GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL} SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT `BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) FIRE DEPARTMENT _ POLICE DEPARTMENT YOUR CONCISE REMAR CITY ATTORNEY _CITY ENGINEER _CITY PLANNER • HUB OF TREASURE VALLEY • I~tayor A Good Place to Live ROBERT D. CORRIE co„nc~I Memu~, CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (~os)as4-4?64 PUBLIC WORKS BUILDING DEPARTMENT (~og> s8~_„ t i PLANNING AND ZONING DEPARTMENT (?O8) 884-533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, .please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4, 1999 TRANSMITTAL DATE: April 7, 1999 HEARING DATE: MAY 11. 1999 FILE NUMBER: CUP-99-009 REQUEST: CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT BY: CHERRY LANE RECREATION INC. LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _ -CHARLIE ROUNTREE, C/C~~CE ~Tl IDAHO POWER CO.(PRELIM & FINAL PLAT} FINAL PLAT ' KEITH BIRD, C/C ) U.S. WEST(PRELIM & L - -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) APR ~ 3 ~99~-BUREAU OF RECLAMATION'(PRELIM & FINAL) WATER DEPARTMENT - -SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENfIITY OF NLERIT~'~ADA COUNTY (ANNEXATION) - AFIRE DEPARTMENT ~_ / 3 ~ 9 g -POLICE DEPARTMENT YOUR CONCISE REMARKS: -CITY ATTORNEY CITY ENGINEER ~v sr--- ~+-.~-v cc~i G~C- N~~ ~ -~/~^%"'K~at4° - -CITY PLANNER ~ _ _ . r_ _ .. n ~ ~n _.~ ~dti w ~~ ~ S~ ~ R fv ~~lZFL ~/~ ~~~a~~s ~2 ~ ~+- {ter ~~~" 1 ~j r J -C-~ ~ r:~~, p ~~L~.~ -lows ~ ~ 5 ~a~~~ o~ 1 `" ' ~~_ HUB OF TREASURE VALLEY ~~ Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE ., ,, (_U8)884-4_64 CITY OF MERIDIAN o ~acl M ~ r~ PUBLIC WORhS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (20s) 887 271 I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH .THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4. 1999 _ TRANSMITTAL DATE: April 7, 1999 HEARING DATE: MAY 11. 1999 FILE NUMBER CUP-99-009 REQUEST: CONDITIONAL` USE PERMIT FOR A GOLF COURSE CLUBHOUSE 8~ PARKING LOT BY: CHERRY LANE RECREATION INC. LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P2 KEITH BORUP, P2 ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C g_WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM Z~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS:,~~~~~~1l~li~'I'~~~.5 /~JL /~ APR 1 3 1999 CITY OF MERIDIAN „; . ~:~ ~r= R~CEZ`'E~ . r:. ,~ _ ,.. .~~ ~. a °e. w - ¢ .. 3' •. o ' s Y ~ fl , ~t4. _ CENTRAL GEN AL DISTRICT HEALTHa~DEPAR :ENT •~' DISTRICT ~ ' Environmental Health Division`° .~ Return to: '1f HEALTH .x ~~ ~ R ~ s ..~ ~ - .T yF , ~ :~EcE~D ~ Boi=e DEPARTMENT- ~ ~~ "" ~ ~ Eagle ~' - ~ APR 1 3 1999 ` ~ " ^ Garden City Rezorie # # Cup ,9c~, ,OOeI T'Y OF 11'L~'RIDIAN Meridian Conditional Use ~ ~ . Kuna Preliminary /Final /Short Plat ` ^ ACZ ~. , ,~ t - - tl I. We have No Objections to this Proposal. ,. _ 2. t ' We recommend Denial of this Proposal. , i 3. Specific knowledge as to the exact type of-.use must be provided before we can comment on this Proposal. 0, 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 ^ waste flow characteristics of - ^ or bedrock from original grade +~^ other `` 0.` 6. E This office will require a study to assess the impact of nutrients:and pathogens to receiving ground waters and/or . surface waters. '" " ~] # 7. This project shal(kbe reviewed by the Idaho Department of Water Resources concerning well construction and water availability. .. , [~ 8. 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 c ~ ^ individual sewage ~ ^ individualwater 9. 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„ t , ~~ ,~1 ,. , ,, ~J~" ~ 10. Run-off, is, not to create a mosquito breeding problem. ~ , ,~ ~ I I., This Department would recommend deferral until high seasonal ground water can be determined if other ~ considerations indicate approval. u , P ~ 12. t , If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho. State Sewage Regulations. ' ; J I'3. We will r quire plans be submitted for a plan review for any: ~od establishment ^ swimming pools or spas ^ child care center ,~ ,, ^ beverage establishment ^ grocery store ~` ~ , ^ 14. .5~~' ~~~~~~ . ~rr-i c~.4-TBn ~ /YJ~iile-S ~'~~ rfW%- Y ~ Date: ~/ S /~ ;,~ a /Q~C.o .-,...y. p ~r~~a>/ Reviewed By: ~~~f~/~~l s r. ' t ti ~ ' F r Revlew Sheet (DND 10/91 rc6, rev. 1191 ~*_ ~ ~~ i , ~, ~ ~ r .:: - CE~VTR~L •1 OI~TRlCT " ;'HEALTH O EPART~~tENT ,~IA1N dE-(C~ iDi iV. AI<:bl~i~iG~IG `'!. ~C!Sc. ~Q ~3;C-1 X5:5 • (=C9) .. •5,11 , =x ?:'•~~~C Tu prnt•rnt arrr! trrat disrasr and ditabiliry: to pruruutr /rraltlrv lifrsrylrs: acrd to protrct acrd prornute tlrr lreultlr mrd quality of urrr rrrvi~uarnrrrt. STOR~~ItiVATER ivI_~~iAGEitiIENT RECOti~~titENDATIONS We recommend that stormwater be pretreated through a grassy swaie prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for Stormwater disposal and design a Stormwater management system that is preventing groundwater and surface water degradation. ivlanuals that could be used for guidance are: I) State Of Idaho Catalog Of Stormwater Best itilanagement Practices For Idaho Cries And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Nlanagenient Practices Guidebook. Prepared. by City Of Boise Public Works Department, January 1997. Scormwacec ;l93:dty ServiR; Palley, Elmore, Boise, arcd .-~da Counties ACC / 8ois@ Counh/ O(fic@ ACa•W1C SCt@Ilite Offic@ Rmar@ Counh/ Otttce . Vcllay Counh/ CtZce (S. S~E°r iCJ N iCi .`I. Arr;rCng ?I. I ~C6 RCter:~ E_C c. gtn j.r3g..V• MOt:ntC~nHCrss@. !O B.Cai . ?.O. ~CX IC,:3 ~C42. 10 ~l.'.i~d Gorse. ~c a~ics ° ~acttn: 58 i •"+?"5 Envica Gtcccn: f0. 3J,6~8 H.?cr;n: 127• i x'44 =rnnr. ^•. Pr,. 7~s•JJ~ : . rTUh/ r?Ct:t': Dili ••t=0i i~ ~h, c31-i I4d Fc:raYa!cnr.:nG:32i•i:tCQ ~ EA;(:J3~•3 _~:? r ~,vtC:,°,3i+C(~C F:,;C:6JC•2t7~1 tn. r..vn¢ariCns::27•T~(,' g@r•:rr wurrt;iGn' 321.1 PA;C: ~.77•J~2I ~~nC 127.1~~? ® - F,+,c :Zi •a~: `~~ :,~-,~- f ^ t- ~~~ F~ 5 ~ ~ REcENED MAY - 3 1999 ~.,,,..~ CITY OF MERIDIAN ORGANIZED 1904 ~• • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 ~~ ~ ~~~son, Asst. Water Superintendent NAMPA 8a MERIDIAN IRRIGATION DISTRICT Apn1.22, 1999 Phones: Area Code 208 OFFICE: Nampa 466-7861 Will Berg, City Clerk SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: CUF-93-tJ03 Cherry Lane`Go1f Course Dear Mr. Berg: The Nampa & Meridian Irrigation District's Eightmi7e Lateral courses through the middle of the project. The right-of--way of the Eightmile Lateral is 50 feet; 25 feet from the center each way. See Idaho Code 42-1208-RIGHTS OF WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before ariy encroachment or change ofright-of--way occurs. The Nampa 8s Meridian Irrigation'~District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at,466-7861 for further information. The developer must comply with Idaho Code 3'1-3805. It is recommended that irrigation water be made available to all developments within the Nampa 8a Meridian Irrigation District. Sincerely, BH:dln Cc: File -Shop. File -Office Water Superintendent ~ t •.i 3..' -- _ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 29'April:1999 Phones: Area Code 208 ' ~ =>~ - /~ OFFICE: Nampa 466-7861 Cherry; Lane~Recreation, InC. Copy SHOP: Nampa 466-0663 -2070 lnteriachen Way Meridian;.ID 83642 RE': Land- Use Change Application -Golf Course Clubhouse 8~ Parking Lot TO WHOM.IT-MAY CONCERN: Enclosed .please find a Land Use Change Application for your use to file with the irrigation District. for its review on the above-referenced deve{opment. If this developmenf~ is under a-"rush" to be finalized, I would recommend that you submit a cashier's-check, money order or cash as payment of the fees in order to speed the process up: If yoursubmit: a. company or personal check, it must clear the bank before processing the application. Should: this. deveiopmenfi be. planning a pressure urban irrigation system that will be owned;.... operated and. maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation- of the pressure urban- irrigation -system. Enclosed is a questionnaire that- must... be _ filled out' and.. returned in order to initiate the process of contractual: agreements between the developer and the Irrigation District for the ownership,. operation and maintenance of-the pressure urban irrigation system. if you fiave -any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer "_----` cc: File Water Superintendent Asst: Water-Superintendent Secretary/Treasurer ~~ _ City of Meridian__ enc. - ~ _ - - --- -- M _- ___ -- APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PRO!ECT RIGHTS s0 000 ~ & ~1~~~~ ~yuq~~ Dot May-05-99 11x48 --- - P}02 ~~ ~- S(1 I i May 5, 1999 1 "EcE~'D Cherry Lane Golf Course ~ _-- MAY - 5 1999 Jennifer Lovan- Holloway CITY OF MERIDIAN 2070 Interlachen Way Meridian Idaho 83642 (208) 888-4080 Sherry Styles Planning and Zoning (20$) 884-5533 RE: Cherry Lane Golf Course Conditional Use Permit Application Dear Sherry, I am writing to you in regards to the phone conversation that we had on May 4, 1999. Thank you for taking the time to discuss the Conditional use Permit for the Golf Course. I just wanted to make sure all the paper work and needed material were in not only for the conditional use permit, but also the paperwork for the re-zoning of the proposed club house site. Thank you foz the reassurance that all the necessary paperwork is in and the time you have put in on this project to make it a smooth transition for all concerned. Sincerely, ,fin.. I Jennif Lovan-Holloway General Manager Cherry Lane Golf Course MAY 05 '99 12 57 PAGE.02 May-05-99 11:47 G~~RRY LA~F ~o ~~, ~ LF C MERIDIAN, IDAHO 2070 INTERIACHEN WAY MERIDIAN. IDAHO 83642 X208) 8884080 FAX TRANSMISSION COVER S1~ET Date:J Re: ~a'~1C'~ ~ OY1 ~ $e~ rler: ~~-~ ~~ C ao~~ P.O1 u S~ '~~~,/rn i lTor C~'1P V r~ ~.t~ n P ~j~C~ n, ~ Ictl~~a~ CunC ~IF~'pu~s~ ~'sr- yc~~a ~~c MAY 05 '99 12 57 PAGE.01 • HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . Council Me b CITY OF MERIDIAN m ers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY - MERIDIAN, IDAHO 83642 (2os1 asp-221 t RON ANDERSON /~ Phone (208) 888-4433 • Fax (208) 8 7 ( _ ~, ~ E~ANNING AND ZONING KEITH BIRD ems DEPARTMENT MAY 1 0 1999 (208) 884-5533 City of Meridian City Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 7, 1999 TRANSMITTAL DATE: May 6, 1999 HEARING DATE: Mav 11, 1999 FILE NUMBER: CUP-99-009 REQUEST: SUPPLEMENTAL INFORMATION-CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE 8~ PARKING LOT & TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION INC LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD - TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z iKEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~ ~~ r ~~ ~~a''. rI R.G S~f 4! K/mar ~SUt'Fow`_ w: LC. AJ.~.~~ ~y ~~2 ~wS-f,~.L(~e~~ ,~.e /rl~i,v CC,u,6/~oa,,ric ~~ ~~- HUB OF TREASURE VALLEY • Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEffH B[RD LEGAL DEPARTMENT (lox) xx4-426-~ PUBLIC WORKS BUILDING DEPARTMENT (2ox>8s~-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 7, 1999 TRANSMITTAL DATE: Mav 6, 1999 HEARING DATE: Mav 11, 1999 FILE NUMBER: CUP-99-009 REQUEST: SUPPLEMENTAL INFORMATION-CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE ~ PARKING LOT 8~ TEMPORARY CLUBHOUSE BY: CHERRY LANE RECREATION INC LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z _^ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C ^KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER ^CITY PLANNER ~,EcErvED MAY 1 0 1999 CITI' OF MERIDIAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: -. - -= , ~,~, _ ,:, HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . CoLncil Members CITY OF MERIDIAN (2os)s8a-a2~a PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-221( RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD yl~c~+ ~D 1'S `' -1J DEPARTMENT (208) 884533 3 ", M nv 1 0 1999 City of Meridian City Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 'and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 7, 1999 TRANSMITTAL DATE: Mav 6, 1999 HEARING DATE: Mav 11, 1999 FILE NUMBER: CUP-99-009 REQUEST: SUPPLEMENTAL INFORMATION--CONDITIONAL USE PERMIT FOR A GOLF COURSE CLUBHOUSE & PARKING LOT ~ TEMPQRARY CLUBHOUSE BY: CHERRY LANE RECREATION INC LOCATION OF PROPERTY OR PROJECT: 4200 TALAMORE BLVD _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C1C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM &FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR C r ~ ~ a ? '. o ` ~, .rrt',- ~~`.~ a~~ r~ . t t- r .,a Y'C. f~~ ~5+. R~ 4'^` - s ~;~~~ X~ y ~ ~ ~ ,, f + ~ { ~ (~ }}i ~ }y ~'L7 ~ t .u ~~ y l w. ..~J -A ~ a ~ t H f ~` i ~- { J ~l x 4 ' }~ ~ s `JOHNSON LAND SUI~Y~YING Off .. - .. 9225 Chlnde[i'~BNd..:Sulte P ~ .,..• . _;,. ~.:~ .> ~~ ., ~ ;;, ice (208) 322 9000 ,.;. ~ v ' ~•:Bo~e, idaho~_83714 ~ ; z ~~ _ -FAX'(208) 321-1200 . _ . _ ,. u ,- .. 1 i^ S. JJ i, ian Plannin and`Zoniri ~ ~ _ June ~15,1999 , z L Mend , g - g - l 1 I ~ - • Attn:~Ms.-Stiles ~ ~ ~ .. , a ~' 33 East Tdaho ' Meridian, ~Idaho`83642 ' ,.. . z.. , . _ ~ . JUN:;15 1999 ~~"RE;'~-Cherry"Lane Golf Course R , : •. CU Applicatfori ~~ r ^~ F~;ity'of PJiexidafa .~ .,_ a .. ' `` ~ .4 City Clerk Office ,< ,.: , s _ ~ °~ 8,~ - ~ Dear_Ms. Stiles ' _ ~ _ • _ '. ~, . Per our,conversahon`of June°14, Cherry;Lane Recreation, Inc. has 'retained the - x ,. °r following consultants °' " , ' , ry;Structural: ` Stapley Engineering ' ~ ~~ ~'~ . Mechanical: _ Musgrove Engineering ,. _.,-- ' ~ '"~ ~~lectrical: ~ Taylor Engineering . -~ ,. ~' ~ ~ y` Landscape: The Land Group, Inca ~' ;~ ~~ - _ - _ _ Civil: rohnson Engineering 3 ,. - -These eonsultants together with~city•inspections during construction will insure compliance `'' .: viwith the latest edition. of the;Uniform,Building Code, along with city, county and state codes. , Tlt~ exterior`finish.of the new clubhouse wiII lie a stucco type finish known' as EIFS (Exterior Insulation and Finish System). The brand name is KDrive It Finsh". This finish has been used-foX approximately 15 years in Idaho and is atop of the line product. ~~ ' - T k'you, _ rt a a, Richard A. Johnson;' Professional Land Surveyor #943. :~ . 4 KK a 3 SUBDIVISIONS • BOUNDARIES • CONSTRUCTION __ • THE LAKE AT CHERRY LANE HOMEOWNERS ASSOCIATION, INC. 2661 N. Tangent Avenue • Meridian, ID • Ph: (208) 888-5928 FAX: (208) 888-7082 June 15, 1999 MAYOR AND CITY COUNCIL City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 CE ~~ ~~D JUN 1 5 1g9g CITY' ~OF MERIDIAN dv RE: Construction of ?Permanent Clubhouse at t"e Cherry Lane Golf Ceurse Dear Sirs: At a special meeting of the Homeowners Association held on May 13, 1999 the following motion was made from the floor: BE IT RESOLVED THAT THE LAKE AT CHERRY LANE HOMEOWNERS ASSOCIATION HEREBY GOES ON RECORD AS APPROVING THE CONSTRUCTION OF A PERMANENT CLUBHOUSE AT THE CHERRY LANE COLF COURSE. The motion was unanimously carried. The President of the Association was directed to prepare a letter to the Meridian City, Council expressing the Association's feeling on this matter. The Secretary of the Association: was, asked to read the letter into the record at the meeting on June 15, 1999. Sincerely, ~~~ _ ____ NICK ODDO, President cc: Secretary of the Association ~: .~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF CHERRY LANE RECREATION, INC., FOR A CONDITIONAL USE PERMIT FOR A GOLF COURSE Case No. CUP-99-009 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER CLUBHOUSE, PARIQNG LOT ) GRANTING CONDITIONAL AND TEMPORARY CLUBHOUSE ) USE PERMIT SUBJECT TO AT 4200 TALAMORE BLVD., ) CONDITIONS MERIDIAN, IDAHO ) The above entitled conditional use permit application having come before the Cit Council on the 15th da of une, 1999, and Shari Stiles Pl nnin and Zonin Y Y J ~ g g Administrator, a eared and testified at the hearin and ames A. Y st a eared' on the PP g~ . J PP behalf of the A licant im Grant and Eva Ga Yost a eared and tetifi d m 1 pp , J y pp e , Ja es Shel y a eared on behalf of The Lalce at Che Lane Homeowners~Association Inc. Grant PP ~Y , I<in sford former Ma or of the Cit of Meridian, Ron Santi secret /treasurer of the g Y Y rY Cher Lane Golf Association, Deleta Coo er a senior member of the Che Lane Golf '~' P ~ riY Course, ennifer Lovan-Hollo~va the eneral mana er of the Che Lne Recreation s J Y g g ~Y , Ro s Parton, and Diclc Johnson, the surveyor and designer, on the project, appeared and FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - I t testified in favor of the application, and a petition was submitted in support of approval of the conditional use permit with the conditiorythat the phases of the Conditional Use Permit -parking lot, relocation of the temporary clubhouse, and completion of the permanent clubhouse will be completed within the time frame prescribed by the Planning and Zoning Commission, Doug Campbell testified representing the Steiner Development, LLC, and all parties having appeared and testified in favor of the application, and persons testifying~vith concerns over the project were Russ Mc Rae, Gordon Margulieux and Ellen Gasaway, and the City Council having received into the record the Recommendation to City Council of the Planning and Zoning Commission and having reviewed the newly submitted plans entitled the "New Proposed Clubhouse for Cherry Lane Golf Course, Meridian, Idaho, by Architecture Northwest, P.A., Randall C. Haverfield Licensed Architect AR-1372, which plans designate Job No. 9918 dated May 1999, DRAWN BY: J.A.T, CHECKED BY: R.H., SHEET NUMBER A-O.O 1 OF 8, which plans include Architectural Cover Sheet, Basement/Foundation Plan, Main Level Floor Plan, Roof Plan, Details Sz Ada Mounting Heights, Exterior Elevations, Building Sections, Wall Sections and Details, Door and Window Schedules, and General Structural Notes, Foundation Plan, Main Level Foundation SL Framing Plan, Roof Framing Plan, Structural Details S- 5.land Structural Details 5-7.1, and Johnson Land Surveying, Inc.: Site Plan, Light Plan and Parking Lot Plan", the staff report and the record made before the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 2 ~ r Zoning Commission, and being fully advised in the premises, the Council4 finds and concludes as follows: "{ FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 15, 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred (300') feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearings having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the said June 15, 1999, public hearing; and the Applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 3 ~' 11=2-418E as -evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993 Ordinance #629 -January 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary Ordinance and Map. 4. The property is located at 4200 Talamore Blvd., which is located west of Ten Mile Road and north of Cherry Lane, adjacent to the intersection of W. Harbor Pointe Drive and W. Talamore Blvd., Meridian, Idaho. 5. The Owner of record of the subject property is the City of Meridian, and the Applicant is the lease holder of the property by that certain "Agreement of Lease entered into by the City of Meridian and Cherry Lane Recreation, Inc., an Idaho corporation, dated the 3rd day of October, 1978." 6. Applicant is Cherry Lane Recreation, Inc. of 2070 Interlachen Way, Meridian, Idaho. 7. The subject property is currently zoned Low Density Residential (R-4). The zoning district of Low Density Residential (R-4) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(3). FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 4 8. The proposed application requests a conditional use permit for construction and development of a golf course clubhouse, parking lot and temporary clubhouse. The Lo~v Density Residential (R-4) zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 9. Due to the fact that the subject property is an existing golf course, and the present temporary clubhouse is anon-conforming use in the zone, and due to the fact that the requested use is anon-conforming use, the uses proposed within the subject application will in fact, constitute a conditional use as provided in §§ 11-2-406 E 2 and 11-2-406 F of the City of Meridian Municipal Code. 10. Concerns raised by two persons who testified at the hearing, and who reside near the proposed clubhouse, centered upon two (2) issues. One witness had concerns about parties and loud music past the hour of 10:00 o'clock p.m., and the other was concerned about the increase of potential traffic on W. Harbor Pointe Drive. 11. The Council finds that the lease agreement, ""Agreement of Lease" entered into by the City of Meridian and Cherry Lane Recreation, Inc., an Idaho corporation, dated the 3`d of October, 1978", which it•talces judicial notice of its own records does not specify other than a general provision at section 12 therein FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - S requiring- compliance with the la~v. A restriction of clubhouse operations to not proceed past 1.1:00 o'clock p.m. is reasonable and would address the concerns raised regarding the potential for clubhouse activities to impact neighboring properties. 12. The Council finds that the traffic access for ingress and egress from the site would not unduly burden any of the roads and streets in the vicinity of the proposed conditional use. 13. The Planning and Zoning Administrator, Shari Stiles, reported that given the requirements of the City's ordinances, and the need for pedestrian access in this residential and recreational area, there should be included in the special conditions "Site Specific Comments" No. 7, which provides "Construct five-foot-wide sidewalks along the entire frontages of W. Talamore Drive and W. Harbor Pointe Drive". Applicant did not oppose the condition other than to state there may be arrangements with other developers in the area to insure the completion of that condition. 14. There is concern on the part of those who have offered testimony in support and in opposition to limit the time for the use of the temporary clubhouse, and there is concern also that the conditional use permit is immediately needed because the Applicant's present temporary clubhouse must be moved from its present location by July 1, 1999. Testimony was offered by Doug Campbell, representing FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 6 ~~ Steiner Development, LLC, that they would work with the Applicant to allow some additional time to move the temporary clubhouse; so long as the conditional use permit is granted before the ls` of July, 1999, and this matter is moving forward. 15. The application is in compliance with the Comprehensive Plan of the City of Meridian as follows: 15.1 Meridian Comprehensive Plan Generalized Land Use Map Infrastructure Planning Analysis Comprehensive Plan and Map adopted on December 21 ,1993, designates the subject property as Existing Urban; and 15.2 Goals of the Comprehensive Plan at page 5 thereof numbers 3, 5 and 6; and 15.3 Public Services; Utilities and Energy Resources at page 35 "Golf Services" provides: "This is a leased facility. The Cherry Lane Municipal Golf Course is a well designed nine-hole course that attracts golf enthusiasts from throughout the Valley. The staff includes a golf professional and greens keeper. A clubhouse will be built in the near future to accommodate increased user demand and golf-related services to the community"; and 15.4 Table 2 Future Needs at page 37 under heading "Golf Course"; and 15.5 Open Space, Parlcs and Recreation "Recreation Goal Statement" policies, number 1.1 at page 59. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 7 CONCLUSIONS OF LAW Idaho Code § 67-6512 provides in part that: (A) As part of a zoning ordinance the City Council may provide for the processing of applications for special or conditional use permits; and (B) That a special use permit may be granted to an applicant if the proposed use is otherwise prohibited by the terms of the zoning ordinance, but may be allowed with conditions under specific provisions of the zoning ordinance, subject to the ability of political subdivisions, including school districts, to provide services for the proposed use, and when it is not in conflict with the plan; and (C) That upon the granting of a special use permit, conditions may be attached to a special use permit, including, but not limited to, those: 1) Minimizing adverse impact on other development; 2) Controlling the sequence and timing of development; 3) Controlling the duration of development; 4) Assuring that development is maintained properly; 5) Designating the exact location and nature of development; requiring the provision for on-site or off-site public facilities or services; requiring more restrictive standards than those generally required in an ordinance; requiring mitigation of effects of the proposed development upon service delivery by any political subdivision, including~school districts, providing services within the planning jurisdiction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 8 2. The City of Meridian has exercised its authority to provide for the processing of applications for Conditional Use Permits by the enactment of § 11-2-418 Municipal Code. 3. The City of Meridian in its Municipal Code at § 11-2-406 E 2 and § 11-2-406 F has provided in part as follows: 2-406 E 2 NON-CONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION: A non-conforming 'use shall be extended to occupy any additional land area only as an application shall be submitted to the Commission and in accordance with the Conditional Use procedures of Section 2-418 of this Ordinance. 2-406 F REPAIRS AND MAINTENANCE: On any non-conforming structure, or portion of a structure containing a non-conforming use, work may be done on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing. The existing cubic content of anon-conforming non-conforming structure or portion of a structure containing anon-conforming use shall not be increased before an application shall be submitted to the commission and in accord with the Conditional Use procedures of Section 2-418 of this Ordinance. 4. Idaho Code § 67-6504 provides that the City Council may exercise. all of the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is known as the "Local Land Use Planning Act of 1975." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION.AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 9 ~ ~ 5. The City of Meridian has enacted the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994, which provides in part: 5.1 Meridian Comprehensive Plan Generalized Land Use Map Infrastructure Planning Analysis Comprehensive Plan and Map adopted on December 21 ,1993, designates the subject property as Existing Urban; and 5.2 Goals of the Comprehensive Plan at page 5 thereof numbers 3, 5 and 6; and 5.3 Public Services, Utilities and Energy Resources at page 35 "Golf Services" provides: "This is a leased facility. The Cherry Lane Municipal Golf Course is a well designed nine-hole course that attracts golf enthusiasts from throughout the Valley. The staff includes a golf professional and greens keeper. A clubhouse will be built in the near future to accommodate increased user demand and golf-related services to the community"; and 5.4 Table 2 Future Needs at page 37 under heading "Golf Course"; and 5.5 Open Space, Parlcs and Recreation "Recreation Goal Statement" policies, number 1.1 at page 59. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 10 4 `~ DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. The Applicant is granted a conditional use permit for the construction of a golf course clubhouse and parking lot to be used in the customary manner of the use of such facilities and construction shall be in accordance with the submitted plans entitled "New Proposed Clubhouse for Cherry Lane Golf Course, Meridian, Idaho, by Architecture Northwest, P.A., Randall C. Haverfield Licensed Architect, AR 1372, which plans designate Job No. 9918 dated 5-18-99, and which plans include Site, Light and Parking Lot plans, and to place upon the subject site as indicated on the said site, light and parking lot plans a temporary clubhouse, all of which is subject to the following terms and conditions: 1.1 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 1-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users' association, with written confirmation of said approval submitted to the Public Worl<s Department. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - I I City Ordinance Section 5-7-5 17. Wells may be used for non- domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so.as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 1.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.8 Applicant shall construct five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.11. along the entire frontages of W. Talamore Drive and W. Harbor Pointe Drive. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.10 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Worlcs Department. Designer shall coordinate sizing and routing of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 12 • sanitary sewer and water within the development with the Public Works Department. 1.11 Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 1:12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 1.13 Based on asphalt square footage of 66,850, a total of 45 three-inch caliper trees are required for the project. Due to the issue of buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Three-inch Norway Spruce trees will not be approved in the count of required three- inch caliper trees. Any conifers provided shall be a minimum of 6'- 8' in height. Staff requires that three-inch caliper trees be provided at 35 feet on center along W. Talamore Drive and W. Harbor Pointe Drive, as well as within parking lot planting beds. Provide detailed landscape plan for review and approval. 1.14 Shall review lighting plans with the City of Meridian to ensure adjacent residential properties and the traveling public are not impacted by glare. 1.I5 Signage shall be limited to one low-profile monument type sign near the intersection of W. Talamore Drive and W. Harbor Pointe Drive. Sign shall be placed outside of sight triangle. Detailed signage plans will be subject to design review. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 13 1.16 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 1.17 Handicapped accessible parking spaces and associated signage shall be constructed in accordance with the Americans with Disabilities Act. 1.18 Applicant shall provide a letter of approval from Nampa-Meridian Irrigation District for trees shown within their easement for the Eight Mile Lateral. 1.19 Certificates of Zoning Compliance and Occupancy must be issued prior to any use of the property. 1.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a letter of credit or cash shall be received by the City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars. 1.21 The basement of the building shall be provided with a fire sprinkler system in conformance with the Uniform Fire Code. 1.22 Additional water. hydrants shall be installed and operational prior to any construction. 1.23 Applicants shall satisfy all fire code requirements. 1.24 Run-off is riot to create a mosquito breeding problem. 1.25 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 14 1.26 .The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 1.27 Applicant shall submit plans for a food establishment review. 1.28 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 1.29 Requires all laterals and wasteways be protected. 1.30 All municipal surface drainage shall be retained on site. 1.31 If any surface drainage leaves the site, the Nampa ~ Meridian Irrigation District must review drainage plans. 1.32 The Developer must contact the Nampa SL Meridian Irrigation District for approval before any encroachment or change of right- of-way occurs. ~, 1.33 Developer must comply with Idaho Code §31-3805. 1.34 The clubhouse shall not be operated other than for maintenance past 11:00 o'clock p.m. 2. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Worlcs Department and any affected party requested notice. FINDINGS OF FACT,AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 15 NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided. by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on June 15, 1999. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BENTLEY COUNCILMAN BIRD COUNCILMAN ROUNTREE MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: ~ -22 -- ~~' FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 16 VOTED_Z~`~ VOTED ~~~~~ VOTED. G~~L VOTED. G' ,~r%c~ VOTED • MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: ~~/.~ " Dated City Cleric ~"~~ - ~l ~,`~~tta~ t}~t`11 f t jr~~'t ~, ~. ~ /`,vr v: yid da i ~+ fp " .~. ~d~+' ~ :r ~~:.~• r a Z 1.~.. 90 ~~ .rte ~ T ~ v~ ' t ` t° r ,r r,a •~ ms~/Z:\WorlcWt\Meridian 1~360M\Cherry Lane Golf Course CUP\CUPDecOrd.fcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS CHERRY LANE RECREATION, INC. - 17 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) CUP-99-009 APPLICATION OF CHERRY ) LANE RECREATION, INC., FORA ) ORDER OF CONDITIONAL CONDITIONAL USE PERMIT ) APPROVAL OF FOR A GOLF COURSE CLUBHOUSE, ) CONDITIONAL USE PERMIT PARKING LOT AND TEMPORARY ) CLUBHOUSE AT 4200 TALAMORE BLVD., ) MERIDIAN, IDAHO ~ ) This matter coming before the City Council on the 22nd day of June, 1999, for final action on conditional use permit application and the Council having received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant, Cherry Lane Recreation, Inc., and the City of Meridian, owner of the property are granted a conditional use permit for the construction and development of a golf course clubhouse, parking lot and temporary clubhouse, as described in the newly submitted entitled the "New Proposed Clubhouse for Cherry Lane Golf Course, Meridian, Idaho, by Architecture Northwest, P.A., Randall C. Haverfield Licensed Architect AR- 1372, which plans designate Job No. 9918 dated May 1999, DRAWN BY: J.A.T., CHECKED BY: R.H., SHEET NUMBER A-O.O 1 OF 8, which plans include Architectural Cover Sheet, Basement/Foundation Plan, Main Level Floor Plan, Roof Plan, Details & Ada Mounting Heights, Exterior Elevations, Building Sections, Wall Sections and Details, Door and Window Schedules, and General Structural Notes, Foundation Plan, Main Level Foundation & Framing Plan, Roof Framing Plan, Structural Details S-5.1 and Structural Details S-7.1, and Johnson Land Surveying, Inc.: Site Plan, Light Plan and Parking Lot Plan", as conditionally approved by order of the City Council on the 15th day of June, 1999, for the development of the aforementioned projects and which property is described hereinbelow to-wit: ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. • A parcel of land situated in the SE 1/4 of the NW 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the center section corner of said section 3; thence N 59°46'22" W a distance of 759.17 feet to a point, THE POINT OF BEGINNING; thence S 00°30'15" W a distance of 163.24 feet to a point; thence N 82°30'02" E a distance of 225.00 feet to a point; thence S 00°00'00" W a distance of 438.00 feet to a point; thence N 84°46'11" W a distance of 252.67 feet to a point; thence along anon-tangent curve to the left having a Delta of 49°31'10", a Radius of 249.75 feet, a Tangent of 115.19 feet, a Chord Bearing of N 25°52'45" W, a Chord distance of 209.20 feet, and an Arc Length of 215.85 feet to a point; thence N 50°38'25" W a distance of 94.32 feet to a point; thence along a curve to the left having a Delta of 5°05'36", a Radius of 680.00 feet, a Tangent of 30.24 feet, a Chord Bearing of N 53°11'13" W, a Chord distance of 60.43 feet, and an Arc Length of 60.45 feet to a point; thence along a curve to the right having a Delta of 86°18'50", a Radius of 20.00 feet, a Tangent of 18.75 feet, a Chord Bearing of N 12°34'36" W, a Chord distance of 27.36 feet, and an Arc Length of 30.13 feet to a point; thence N 30°34'50" E a distance of 84.13 feet to a point; thence along a curve to the right having a Delta of 41 °13'04", a Radius of 375.00 feet, a Tangent of 141.02 feet, a Chord. Bearing of N 51°11'21" E, a Chord distance of 263.99 feet, and an Arc Length of 269.77 feet to a point; Said parcel containing 3.75 acres more or less. 2. This permit is subject to the following terms and conditions: That the above named Applicant is granted a conditional use permit to use the property for the construction and development of a golf course clubhouse, parking lot and temporary clubhouse, subject to the following conditions of use and development: 2.1 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 I-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users' association,. with written confirmation of said approval submitted to the Public Works Department. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. i ~ ~ 2.2 Any existing domestic wells and/or septic systems within this project will have to be :removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.4 Paving and striping shall be.in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed on any nearby residential areas Section 11-2-14.D.3. and placed so as not to direct illumination and in accordance with City Ordinance 2.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.8 Applicant shalt construct five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B.11. along the entire frontages of W. Talamore Drive and W. Harbor Pointe Drive. 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer shall coordinate sizing and routing of sanitary sewer -and water within the development with the Public Works Department. 2.11 Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. °a. from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.12 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains to their current points. 2.13 Based on asphalt square footage of 66,850, a total of 45 three-inch caliper - trees are required fog the project. Due to the issue of buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Three-inch Norway Spruce trees will not be approved in the count of required three-inch caliper trees. Any conifers provided shalt be a minimum of 6'-8' in height. Staff requires that three-inch caliper trees be provided at 35 feet on center along W. Talamore Drive and W. Harbor Pointe Drive, as well as within parking lot planting beds. Provide detailed landscape plan for review and approval. 2.14 Shall review lighting plans with the City of Meridian to ensure adjacent residential properties and the traveling public are not impacted by glare. 2.15 Signage shall be limited to one low-profile monument type sign near the intersection of W. Talamore Drive and W. Harbor Pointe Drive. Sign shall be placed outside of sight triangle. Detailed signage plan`s will be subject to design review. 2.16 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 2.17 Handicapped accessible parking spaces and associated signage shall be constructed in accordance with the Americans with Disabilities Act. 2.18 Applicant shall provide a letter of approval from Nampa-Meridian Irrigation District for trees shown within their easement for the Eight Mile Lateral.. 2.19 Certificates of Zoning Compliance and Occupancy must be issued priorto any use of the property. 2.20 The temporary clubhouse shall be used for a period not to exceed seven (7) months from the date of this order. Prior to moving of the temporary clubhouse, a fetter of credit or cash shall be received by the City of Meridian ORDER`OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. • • as a guarantee for completion. of the permanent clubhouse and parking lot in the amount of Five Hundred Thousand and No/100ths ($500,000.00) Dollars. 2.21 The basement of the building shall be provided with a fire sprinkler system in conformance with the Uniform Fire Code. 2.22 Additional water hydrants shall be installed and operational prior to any construction. 2.23 Applicants shall satisfy all fire code requirements. 2.24 Run-off is not to create a mosquito breeding problem. 2.25 stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.26 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 2.27 Applicant shall submit plans for a food establishment review. 2.28 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. 2.29 Requires all laterals and wasteways be protected. 2.30 All municipal surface drainage shall be retained on site. 2.31 If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2.32 The Developer must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of-way occurs. 2.33 Developer must comply with Idaho Code §31-3805. 2.34 The clubhouse shall not be operated other than for maintenance past 11:00 o'clock p.m. ORDER OF CONDITIONAL APPROVAL s OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. • r 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of the Applicant, Cherry Lane Recreation, Inc. 5. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. Nb By action of the City Council at its regular meeting held on ~~- ZZ ~- , 1999. By: RT D. C ~ Ma r, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: ~•~-_- ..Dated: J ~ 22 ~ ~~ City Clerk msg/Z:\Work\M\Meridian 15360M\Cherry Lane Golf Course CUP\CUPOrder c~s*'ntrrnrtrrr~ ~ V ~ ~P ~ ~ X r ~ ` :~ i. ~~ ~ t pG `"~ -+ r 4a .,,.,~,~~ r 1S ~ • ~ R~~.~` .~q ~, ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT CHERRY LANE RECREATION, INC. ~, ~f Paul B. Newcomb RECEIVED APR ? 2 1999 ,. ,,. , _ ity of ~?ylexidian ...::: _. City Clerk Office April 21,1999 RE: Cherry Lane Golf Course Conditional Use Permit Application Resident Lakes at Cherry Lane Subdivision Cherry Lane Village Subdivision Meridian, ID 83642-1078 Dear Resident, Right up front, please-let me apologize for the impersonal nature of this letter, as I have not yet had the chance to meet everyone in the area. I do however want to make you aware of an issue affecting us all. It is likely you received a Certified Letter from the City of Meridian regarding a Conditional Use Permit Application filed by Cherry Lane Recreation Inc. This permit is requesting the Planning and Zoning Commission's approval to begin the process of relocating the Cherry Lane Golf Course's clubhouse from it's current location at 2070 Interlachen to its new proposed location just west of the tee box of (current) Hole #2. Attached, you will find the notice and a drawing of the proposed changes. Please take a moment to review this material. I will be attending the Planning and Zoning Commission meeting on May 11~, and would like your input. I feel there are several issues to be addressed such as residential traffic volume and flow, pedestrian safety and visual impact. I would like to hear your opinions, so I might include them in my presentation to the Commission. Please take a week or so to think about what effect this change will make on your life in this neighborhood and jot a few notes on the attached sheet. Beginning May Sa', I will be home every evening between 6 and 9 to receive your concern sheets and format them into a presentation to the Planning and Zoning Commission. This action is not intended as a way to stall progress on this application, just as a means to make sure that all of our concerns are heard and taken into account as the Cherry Lane Golf Course grows up and becomes a great asset to the Ciry of Meridian. Sincereh; Paul B. Newcomb Enclosures (2) P.B.N. cc: Cherry Lane Recreation Inc. Attn: Wally Lovan 2070 Interlachen Way Meridian, ID 83642-1078 3837 WEST HARBORPOINT DR. MERIDIAN, ID 83G42-1078 UNITED STATES OF AMERICA `~ r ~[ , ~ laq DAVID J: ZAREMBA ~ ,~ ~~ ,EUPH.EMIA R. ZAREMBA~ ~ ; ~~,_ ` ' 2540 N. Crooked Creek-Wayo ,F,w ,--k ~ _~;, P. '~ °,L ~ Meridian, Idaho 83642-3968 J ~ ~: I ~ . ~ _. ~. (208) 288-2935 ~~. .~ ~-..~:.. ~~ ; ~ • '~ . k F May 3, 1999 .. Paul R. Newcomb ~' ~ ~ , ~ a . , ;~ 3837'West Harborpoint Drive- `', _ ~ • .~_,~: ,._ ,~ ~_,~ ~ ; , ~ y, Meridian, ~ldafio'83642-1078 =~ "~ ~ ~ _ Dear M~r:"Newcomb,' ~-. _~~ -~ ~ , Thank you, for alerting us to the request for the temporary clubhouse. ,y [ . Since the present eyesore has been temporary for about twenty years,sl think5we all need to be very concerned. ~. .~_ I would like fo aftend the P&Z hearing on May~11~', but l will be returning from out of town late that night and will most likely miss it. Lam attaching some suggestions regarding my opinion of the subject,~which I hope you will find useful. I have given copies.of the attached notes to.a couiple of my`neighbors, and they are as alarmed as I am. ~ ~ _ ~ } ~s?, _ ,~.. . ~ ~ _ , The`general~consensus is: ~ `° `` • We cannot leave the details up to the goodwill-of the present operator/lessee, ands :>` .~ .. all Conditions' need to 6e stated very specifically. • 'Past'promses need to be completed before any part of the new request is approved. • Traffic'impacts need to be mitigated:, ~, s '~ The improvements made by the suggested Conditions would. be, beneficial to ahe ~ ~ ~~ # operator/lesrsee in the long term, and the,operator/lessee has the current leverage with the'City and the relevant~developers to achieve the agreements that would ~, ~, ~ a k make them happen n'ow. .' ~ _ ~ _ • Anything temporary must specify a time Nmit, with penalties. i hope'all "goes well at the P&Z hearing. I plan to stop at the P&Z meeting on my way back from the airport. If this item is late on the agenda, I may just catch it , if not, I hope to get a chance to discuss it`with -you before it gets to the City Council hearing.. Since we live more"that:300 feet from the site, we will not be notified then either, so please.give me a call.. Thanks for your~taking the leadership on this project. . 4 ~. ~ o, ' _ ~~~} .: Sincerely, ~ ~ ~- r ~; ~~_ t ~ , ` .._ '~ ` .. .., ... i E .-. } ,. A ~ . e ~ ~a David Zaremba _ ~ ~ t t Approve anattractive -new permanent clubhouse, with the following Conditions: 1. Construction and appearance must be compatible with neighboring homes. No pre-fab, manufactured, or temporary appearance. A2. Maintenance and storage for rental carts must be indoors (hidden). Whether attached or a separate structure from the clubhouse, this must be in the same style, construction, andappearance as the new clubhouse. 3. Maintenance facilities and storage for course-maintenance equipment remain where they are currently. Or, if relocated; must meet the same requirements as rental carts above. (Condition 2). 4. The parking lot must be fully paved, and include attractive landscaping, and trees: Parking lot lighting, if any, must be directed onto the parking lot only, and must be aimed to not illuminate neighboring properties. 5. Clubhouse lighting, including signage, must not illuminate neighboring properties. 6: ,All locations on the°course where a cart path crosses a roadway, the roadway must be painted with crosswalk markings; and signage warning of the crossing must face drivers of vehicles and carts from all directions. ° This must be completed before construction of new clubhouse begins. 7. All proposed Lakes on the- course must be completed and filled, with adequate water circulation to prevent stagnant water, before construction of new clubhouse begins. 8. Interlachen Way must continue over the canal and connect to the new extension of Talamore (Talamore or W. Clancy,,depending on where the name changes). This route must be completed before the new clubhouse is opened for-use, i.e. before final inspection. 9. A walking path must connect the new clubhouse with the new portion of Moon Lake.. This"should be'aligned with the canal, whether or not it is actually on Nampa/Meridian Irrigation property. This must be completed before the new clubhouse is opened for use, i.e. before final inspection. A. Deny temporary clubhouse. Current "temporary" clubhouse to be used in its present location until new clubhouse is completed. Or B. Approve the temporary clubhouse in the new location, with the following specific Conditions: • Conditions 6, 7, 8, and 9 above must be completed before the temporary clubhouse,is opened for use. • The temporary clubhouse must be temporary. • It must be removed in on,., e~ear.r A nn~ s,.`-month extension of this deadline may be.approved by City Council without public hearing if, at the time, the new facility is three-quarters or more completed. =The City Engineer shall make the determination of percentage of completion,.and shall consider all aspects of the completed project including landscaping, parking, any ancillary buildings, and other Conditions; not just the clubhouse building itself. • When the temporary clubhouse is removed, that area must then immediately be improved either by landscaping, or by additional paved'and landscaped parking area, or by additional clubhouse structure in the same style, construction, and appearance as the rest of the new clubhouse. • In exchange and consideration for approval. of a temporary clubhouse, which approval is desirable to nobody except the applicant,. the operator/lessee agrees that failure to meet all Conditions and deadlines will cause the operator's entire lease relating to any and all portions of the City's 18-hole3 golf course to become void, and the City shall open public bidding for a new operator/lessee. ~~~ ~ a ~ :- . `/// ~"~X i ST /iYl~ ~~ (~~IO USA ~~{ ~' /~. > T/C 3 i9.E',E i9N ~ yEesd,e~= Cl~ r~ /~y/~ r/ i ~9 ~ %c~ ;~l~r (/N ~ G~ .s' o.~= i ~,~ ..~!/El' - ~i d/S / o c? 5 .Z3r ~ - - ~~: /yin/ h'~/~lSoMi4r3~t -r~'Z~~.S ~i41~C 1.~G1UvUi' /~ i l/ty~/~fi~ s ~/Yl~' ~~ Con/S T62C~C ?~/a ~/. ~~~y /~i9U~= /•l~(/D~ug/ /=dlZ. ~~14~ 5 ~l5 ~i~ 5 C~~LJI~I ~~i' C r~,2.~FlYr L ~ _/~~ /'~ '/Z //Y~/~~SS/E6~2~SS j~U/1/~/" ~` ~1`/dGIL /~ ~~t'-' Goi~/S/•!lL`2~.D, `~ wit'//ill ~~vs~= ~}~ ~~~ Z ~ v~~%o,e r' CSI % ~~_ ~'o~/- rd~l.~.'S~ , ~ r !~/~s~ ,r~l3o.C ~°oin/T D.~°/I/G~ !S fI- ®P~3/DE~177~~~'~T u/G ~ -~f1~ t/~-MlG1~ ~~/~ YOr1~y6 ch~s~~.P~ir/ ~SfI~EN~ /T / S .+/DT ~~1E. /~f//T 5'/~DtJG1~ B~ UT/Dlr~~ ~I-S /~i/ /~,GGt~S .S?x'~'~~T 7'a C~5''~ Y ~'4'~ GD~F GDU.PS'~ . ~~`Sr Tf~LA~JDiPC /~L~(,G~-~Z/i9~Y1~ is ~4~PL: G,~P/~4F' Ol= ~/f.PR Y /~J~ ~~ !~ U'T~ T.~.9-F.~/c ~ ~ G'©y~CS'~~ t~'ULA .S'~J6 6E,~T ~fE-~i~ES~`%~/T .S/6N ~/~7'- tS c/~~C,c'E71/TLY .SL"T,/~T//!/7`2G.5~C~n/ /~rVD C !'~`7?R Y 1~N~ g~ /lD(/~ lI T~ TffZ~ !/~T~i~S~~77PJ~t/ OF ~1~C~t' Ci9-TEND K~E~'T ?~9'G.~~1G~.e~' B~ULZ-'!/.f~~LJ. ~~` iQGLGC'fITO~ ~F ?~f~ GI~~iPE-NT ~ uB h4J~.s~ 7-~ Tff~ ~rPDPasL r~ Loc~~7oiU I.c~D [1L..1~ r3~ .S~r/S~i4c Tb~P 5~ PRoy~6 ~A !T ~~ .P~9o r/~`~ ~-~S l?~r~!/ /2 ~lO.~/'Ti~S f}~ /T' ~' .PF000.S~-i/0~1/ S T/ Py~TZON-S S!~®UL~ BG' ~11~1~E" ~~T T1~F~ /V~"-7,J GG L°l~~fo yS~ bIUST GOryP[~ ~~ r,~/7~/r~0 T6/.~Ts~il~ T/iy~' P~a~to.~„ !T/S ~1rEG~ ~h~T ~4.SC G 0~~~5' _ /Dlit/~ ~.tJ SEf~ CD IfL-~ A-it/p CSr`~iA~'~~Ft a~0/.UT 7~.t'/UE Lc~D U~ B~ tJSlN6' ff~PBG~R~'•//T A-S /fCc ~ SS l~~i4-1~ SffDG~!-.d ~/oT ~k~'~t~rlT ~it1Y IVY ~i4~/~!G ~.s Ci . ~ ~~~ z ~3~=~~~/ `~~. ~' n /~l c • f ~ /f L ~Y~t. ~ ~ ~Y97`7-/ t /h ~- /2~G ~~ b~r~o ~. ~q~~~~7~ ~f` G ,L~~,S 77^l ,Oirt~ ~, ~ x.1,1 d_ ~ ih-i ~ a ~ ~~ {~~T ~ ~~~ h~7~ D ~ ~r~`~ /l~l hf'a1~S~ ~ ~Q ~~~. 12D1 ~~ i° ~L1't11~ f Yr l /'f~_ ~ Q/Y GL ! T ~ J ~. r • To: Paul B. Newcomb From: Jim and Eva Gay Yost 2638 N. Sea Cove Way Re: Cherry Lane Golf Course Conditional Use Permit Application The following is offered in response to your letter of Apri121, in which you requested our opinion regarding the captioned issue. First we should advise you that we did not receive a letter from the city regarding the conditional use permit. Therefore, our comments are simply a reply to your letter. Thank you for giving us the opportunity to voice our opinion. We are delighted that the plans for the long awaited clubhouse are nearing finalization. We believe that the completion of the clubhouse and adjacent parking lot and facilifies will greatly enhance the value of the entire subdivision in general, and the value of each individual property within the subdivision in particular. We were given details of the proposed clubhouse at the time we purchased our lot here, and have looked forward to its completion since that time. We see absolutely no problem with the relocation of the temporary clubhouse at this time, in order to allow the developer'to continue the development of the property at the current site of the temporary clubhouse. This relocation would be for only a short ' time and would facilitate the operation of the golf course during the construction of the permanent clubhouse. We firmly believe that the cooperation of all of the city officials in this continued development is definitely in the best'interest of all property owners in the Lakes at Cherry Lane Subdivision and the Ashford Greens Subdivision; and should be encouraged by every resident. While. there may be some who are concerned about the' change in traffic pattern, it would seem that those changes should have been expected. We were all aware that the golf course existed when we bought our property and built our homes. The existence of the golf course'is a definite enhancement to each property here, and we should all be doing everything we can to assist in-the continued development of the property -including the parking lot and the new clubhouse. In response to your direct question about the traffic, we do not believe that the change in the traffic pattern -either pedestrian or vehicle -will change our lives at all. It would appear that the primary traffic will simply move from Interlochen to Tallamore. MERIDIAN CITY COUNCIL MEEl'ING: JUNE 22 19.99 APPLICANT: CHERRY LANE RECREATION, INC AGENDA ITEM NUMBER: 1 } REQUEST: CONDITIONAL USE PERMIT FOR GOLF COURSE CLUBHOUSE, PARKING LOT AND TEMPORARY CLUBHOUSE ,_ AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM b/15199- CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: .fie CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: `~ Io SETTLERS IRRIGATION: ~ ~/ d IDAHO POWER: f~~ US WEST: /'U INTERMOUNTAIN GAS: BUREAU OF RECLAMATION:. OTHER: All Materials presented at public meetings shall become property of the City of Meridian, E ~. Jun-18-99 12-23 ~ • 13Ir.1~ORI Tklk .NIkltlulAN C1'1.'X COUNCIL [N Tiii? MATTi:R C)>; TTTI? nPPLiC:ATiC)1~ ()l" C:i>'1?RRY i:ANC: RrC'RrATi()N, iNC., 1=01"t A CONI~1'.l'1ONA.C, USE 1'E1ZN11'1' r(.)x n (.~(.)I.r (:UUxSr C~L.UI3HC)USE, l'A1Z1.~INC; LO.1' ~11`'I) "1'EMPO!t.lllZY C;LUBHUUSE A"f ~12UU "1'ALAMC)IZE F31~VU., C;~tse No. CUP-99-009 TINDINC;S OF PACT AND ) coN~>LVSI~NS n>~ >LA'W' AN17 UEC:ISiUN ANU ()RUSK GIZANT)<NG CON'i~TTIONAi. USE PERMlT`SUB)ECT TU CUND[TIUNS "Chc abclve entitled conditional uae permit ap~lieatian having ~~nmc hcf(~rc P.02 the C:iJV Council on the lSt.h day of June, 1t19r), anti Shari Stilts, Nlannin}; and 7,onifi~ Administrator, appeared and testified at thr. htarin);, and James !1. Yost: appeared o1, thc~ l-rhalt'r;f the nh171ic-ant, Jim C~rani and Eva Gay Yost appeared ar~d testifiecl, ]a111cs Shelly ap}~earrtl cn, hi•half of The Lakt, at. C:hrrJy Laiie Hora.trowners Aancialion; Inc., C;rant iCinKslilyd 1~)rnter Mawr of tltr City of Mt>riClia,t, Rnn Sant.i s~cretarv/trrasUr~r nl' the Chevy Lt;ate Golf Association, 1)c~le°ta Cooper a seztivr m~.mber of tlu: C;lierr}~ L~;1lC Gol( C.'r,ursc, JcnnilerLovaYt-I-lulloway tiupcncral managerofthtChcrry Lanc Recreation, Ross Parlc,n, .1nd 1)ic:k Jciluison, lhC surve~~or ,1nd drsi~ner, ott the project, a1,}u~~~rcd and I'INn1N(~S U>; YA('.1 i1NT) ('ONCLUSIUNS O1= 1.AW ~1Nr) I~1:C'IS[ON ANL) C>121)F.rt C.RnN'1'[NC; C:UN1.)(TIC1Nnt. US[i 1'I:RMI'l' SUnJf C'"I' "fO C:ONlll'I'(C.)N~ (:HEIatY L.ANf RC(:1t1:A"1'IUN, TNC'. - 1 - JUN 18 '~99 1050 PAGE. 02 Jun-18-99 1Z:Z3 ~ r testiiicti in I:tvnr of the aE~~~licatiull, allcl a 1)etirian was suhmit.tcd in sup[.~ort of approval cif thc~ c~tnuiit ic)n~tl use hcrtl~il w•it.h the con(}ilioll that the })haws c)f thr Cc~nditicnlal Use Pcrmil - parlvng lnt, rcl~c.ati~n cif the t~~ml)c~rary ciul)]u,u.tir, <tttci' c~c~tnl.~lrtiun uf' t}tr pcrnlanent clt.thhnusc wi[I he ~rntthlercd within the. tirnt? frlimr }rresc'rib~d by the 1'lannin~; and Zcming C:t)nunissit)n, I~nu~t; (:amphcll test ilicd rcprescntin~ the St~'iner ]~twelopr))cnt, 1.I.(', and .all hart its having appeared and trstificd in favor of the arhlical inn, rind ~crs(>ns trstifyiltt; with c~Ilrerlts uver the l)r()jrct were 1Zuss Mc lZae, Cc)rcll)It M~tr~,Rtlirux and ~llell C~:as:l~vay, and the C;ity (:c>uncil ltavin~ rcccivcc~ into) t.ltc rcct>rd the Rca)mmendatic)n w City Cuurlcil vl'tlte ('Iatuuzr]; <trul LUt-in~ ('.urnmissidrt ,and h:avin~ r~wi~~wed the newly submitted plaits entitled the °Nr~v 1')'u}~usecl Clubhouse fc,r C:hcrry Lane C~~lf C:aurse, Meridian, Mahn, by Archit.ecturc Nt)rthwcst, 1'.11., lt~utdall C. Havertie~ld I,iccnsed /1rchilect /1R-1372, which flans designate Jc)b No. ~)~)1S dated May 1999, 1~R11Wt\1 BY: J.A.T, C.:I ti;(:I<FI) liY: t'Z.H., 5HE1:,'1' NUM1i.~1Z A-p.p I (.)P R, which flans include Architcc.tural C:avcr Sheet,l3alselnent/huultdatiun flan, Main level Cloc)r flan, It~~f Klan, l~etai]s ctiAda Mvulltill}; H~~i~,hts, P,xtcrit>r Elevatic)ns, Building Seclic)ns, Wall Sections and I~elails, llc)t)r <tru} Window St•hcclulcs, atzd C~erleral Stntc:rural IVAI.es, I'e)uiulatiun 1'l~ut, Nlair- I..evNl 1=rnltldat.inn & Pramiil};1'lan, It~)nl ]=raming Plan, Stntctural pctai]s S• S.lancl titructnra} I)ct.ails 5-7.1, ~uul Joh-1snr1 Land Survevin};, Inc.:. Silt Plan, Ligltt 1']an anti Parking Lt)t 1'lall", the strait rePc)rt allcl the rc~(:c~rd made brtorc the P1arlnill~ and F1NI~INC;S ()E !-'A~' I ANr) ('()NC:LUSIUN!; (7r l.flVV ANU UE'.(::ItiI(~N /1Nl) Ulil_)F.It (~I~/1N1'INCi ta.)NI)ITI<)NAL USL• f'ERMI'I• tiUGrCC°1' "1'U ta)NI)1TIONS C:I IrP.RY LANH IttiC'h'I:11"1'fUN, 1N(~. • '? P.03 JUN 18 '99 10 50 PAGE.03 Jun-18-99 1Z:Z3 ~ ~. 7t~llltl~ ~'n1111111$$1U11, <111CI ~ClTI~' tt.111V aClvitieCl 111 t.hC prC11115Cti, IhC' {'',titlncll iincls and coltcludes as t~)Ilorvs: 1'1NI~iN(~S_Or rnc'T n no't ice c,f a huhlic hcarin~t; c)n the c<tndit ictnal usr hermit. wits published fclr twc~ (2) conSeCtltive weeks pri,~r to the skid public hC~~rin~ sChtdtilcd fclr Jule 1 ~, 1 ~)~)~), bef~~r~~ th~~ City Crn,ncil, the firs) huhli~,~.l icln ahhcarinK and writ.tcn nc)tice having been mailed ui' prii'herty cnvners or purchasers ot'recurci rr~itt,itl thrrr. lttultlri~t3 (3(10') fc~~l of the c~tcrnal hc~undaries c)t~ the hrc~perty ultcler consideration 1>;iore th<'tn liftcen (1 S) days hrictr tct said hearing and wit1~ the notice, n(ht.lhlic hcarin~s having; been basted ulxm the property ultcler cvnsic~cratit~n more than one week before s;iid hoaxing agog the ct-pies ,~f all nc,c ices were made available w tlr~vsl.tap~~r, raclin and tclevlslon tit<<tiut-s as .public service aluu>unccments; and tltr 11>latter having; h~,cn duly colisidcrcd by the City C;uunc:il at the said June 1 S, 1990, k~uhlic hcarinR; and the nhl>lic<lllt, ~lft'ectcd l~rc)hcrt.y ctwllers, altcl ~;uvern-nenl stlhdivisictns J)roviclittg services withil'1 tllr ltl.~nnng jurisdiction of the City r,f Mcridi~ul, having; t>er.t~ givcll full c)pportunity In cxhress cc)r11111e1tt5 ~lnd submit. evidence. 2. There has beep comrliance vvitlt all not ice and llearilt}; rcquircnteltts srt lnrt h in Idaho C;vde §§C 7-fiSQ9 anti 67-~iS 12; and §§ I 1-2-~'k 1 fiE and 1-'INI)IN(~S OC 1~,4C;1'nNl) ('ONC;LUSIUNS (~r- l.nw nNl) t)t("I~1(")N nNl) URL)~lt c;1inNTIN(~ C;t)NL)I'f'I(~NnL U51-. I~ERM)"l' SUti)F.('"t' Tn C;ONlll'I'IC.)NS (:11LIt1:YLn~1~: RLf:REA~11C)N, Ty(;, - 3 P.04 JUN 18 '99 10 51 PAGE.04 " Jun-15-99 12:23 :. 1 1-2-41i~E as c:vidcnccd by the /lfficlavii (lf Mailing, anal the Affidt+vic of I'uhlic•atiuat anti 1'rcu>f of Pasting lilcd t~~ith t.hc staff rchnrt. `.;. C'vu>>ri1 takes judicial notice of its Zanin~, Subdi~crisian and .Ue~relupiitritt Oretinances cuciifiecl at 'Title T l~ Murticipal•Cocie of tlle.City of .Meridian and :-1}1 currant. zcming n~:.tj~s thc~r~c)f ~tnci t.hc C;ctm~rehensive flail of the City cat Meridian ado}~tec'I L~ec.cmb~'r ?. 1-, 1993. Urdinancc #(29 - J;lnuary ~I, (~~~)4 Gtn(i Maps ~tnci thr. ()rciin.~itux~ r°stahlishini~ the Impact llrra Bc)undary Urdinartce anti Map. ~1. Thy' l~rr)l~crt.y is locatcct at 4L()0 '1~alalnure 131vcj., wllirh is Ic,ratcd ~vrst of ^l'rll Mitt' Road ;end north c-f C'hcrry L.1nc, adj~lccnt tt) the 1TltersectiUll U1' W. Harbur 1'uitttr l)rivr 2rld W. Talamnrc Tilvd., Meridian, iciaha. 5. Tlye Otivzler of rccorcl of t.hc subject property is ttte City of ~~ Mcridi~~n, and the J1p})liratlt is the i~`;lsc h~tclcr aC the propertyr t)y th~~t certain "~1~rccmcnt c)t• Lease entered into by the (:it.y of Meridian ,end C;hcrr}•~ Lane 1Zrcrr~lti~n, Inc., an Idaho) carj~urati.un, dated t he rd day at~ Ucwher, 1 y7~." h. Ap}~licazlt is Cherry Lanc Recreatiu>>, Inca. of 2~7O Interlach~n W,~v, M~~ridi~ul, Idallu. 7. "!he subject Uropcrty is currently zoned Lt)w Density Sl',esidential (l:-%t). '1'jle wllin~ riititrict af•La~~ llettsity Residecltial (R-4) is detitlecl within the City c,f Meridian Zuliiril; and l~cvclvpn~rnt C)rdiclance, Srctii~n l [-2--~U£~(a). " flNl)CN(.~ti (7f T'i\('"(' ANl) t~a>NC'.LUSIUNS O1~ 1,~\~~V nN[) I)E(;tSt(:)N ~Nn Ultl)t~tt c;ttnN~('INCI (.'ONt')tTtO(\'AI. t..lhl? P1:f:1v1I"I' SUIi)I~.C:"f "CO (;UNI)I't'I(~N5 . (,'HlvIZItY l.ANr REC;lttn'1'InN, [NC;. - ~1 P.05 JUN 18 '99 10 51 PAGE.05 _ 3 Jun-18-99 1Z.Z3 ~ ~ ~. 'l'ire prvpvsed applicatic)n rcr~ucst, a r:rn~ciitit-r-<+1 usr permit fur corr~tntc.•tiorr ar>.cl cleveloprnent of a ~()]f cotrrsc clrzhhrnisc, l~arkirt~ lot <+r~cl terupur~iry clublu~use. ~1'tic LoFV 1)entiity Rcsidcr~tia! (R-~l) rt,rlin~; ci~,si~r~,itiur~ within tkte City of Meridian 7_c>nin~; and 1~evctopmcrlt C~rdin~nce >rec7uixes ~ corltlitiunal use prrrr~it be obtained for rtlost uses including chose rE~gtrrsted Uy thr AppliC~tr-t. (Mrritliarr City Zc)nin,t; ~u1d I)cvcloE~mcnt C)rdinancc, Sccr irn~ I 1-Z-~1~9)_ ~). I)ue to rile tact that t.lte sul7ject. property is ari e?cistirrs~- golf course, and the ~~rescnt temporary clubhorrsc i5 a non-conforming rtSC ire the 7~ne, and dtac to r.11e tact that the recluestecl use is a Hurt-euzlformin); use, i he uses ~~rol~oscd ~~jithin the sub}ect applicatiurr Kill in tact, curistitute ~r r-c;,nclition;rl r,tic a., pr~videcl in ~§ l 1-2--4Qfi lr `l. s~~rd T 1-~-4Oh 1~ c,f the City of Meridian Municipal t;ode. 1(). ('oncerns raised by two persons wlrv testified at the hc:tring, and wllo resi(ie nc:~tr ctie ~>rc>posetl clubhouse:, CCnICrCCl tr~on two (Z) issues. Orle wllttCSS. hacj cuncrrrrs~al.fotrr 1~artit`s and lnud music past the hr~ur cif 1Oa)Q <,'claclc p.m., and tl~e ntlur was concernrd about tlrr. inc•r~..a.~ c,f hvtc.nt.ial traliic on W. Hartwr I'~ir~te 17ri~rc. 11. '1'1+r Council finds that the base a~;reemcnt, ""~1~reernent of [.e~asc," entcre(i int.<) by the City oti Meridian and Cherry Lane Recreation, inc., an ldahu cur}x,r:~tinn, dated the 3'`~ of C~c.rc,her, tc)7fi", which it takes`judicial rwtice of its u~~rr recc-rd~ does not spec•it~y,~th~~r than a,>;erieral l,rr>visic,n at. ~ertir~rr I~ rltcrein P1N1)INGS U-~ t=nt~T ANl) C:UNt:;1.115TONS O1; LAtiv .ANU l:)l:'.CISION AN1) Ultl")T'.R C;hnN'!"IN(~ CC)NT){']'1ONAI. UHF I'T'RMI"1' ~U~Jt•;C,'1' -I'O (;UNUI'1`I(~NS f_'ITl'IZkY L,~Nf. RI"(:1:trA"I~IUN, TN(:. - ~ P.06 JUN 18 '99 10 51 PAGE.06 Jun-18-99 1Z:Z4 rcc~uirin; coml)liancc with the law. A rcStriCrirnl ~f clubhrn~sc ~,l)eratiur~s tc, t,ot }~r~cerd }past 11:00 o'clorlc p.m. is reasonable and would address thy: c~ne:crns raised rcg~trciing the potential iin cluhhottsr. activities to imhaia'ncighboriny ~~ropert.ies. i2. ~'he Coutlcil ftnds that t.hc traffic access fir ingress and c~r~-ss from the site would not unduly burden anv c,k the roads aru~ streets in the vicinity of the I~r~~lx,scd c'c~rulit i~n;tl use. 1:3. The. Plannin; and Zoning /ldministratc~r, Shari Stilrs, reported that hives the reyuirettte>,tts of the City's ~~rdinances, :tnd the need fir }~et.iestrian access in this rrsidetttial attd rrcreational area, there should he included in the special conditions `"Site S~~ecitic LotYUttetlts" l\'~~. 7, which l~rc,vides "C:ottstruct five-foot-wide sidetwally alcn,~; th~~ entire frontages of W: '1'alarnure Urivc~ and 1ti'. YIarhor Pointe nrive". !\r~~licattt did twt oppose the cnndit.ion outer thanao state them may be arrm~;cnlents with other drvelopcrs in the arc: to insure the com~lcl ion cif that c;i~ndition: l 4. Thcrc is conceni uxt the part c,f t.hose wllu have c,ffercd tcstiiYwtry in su~,port and in opposition to limit the time"tin tltr us~~ of the tcnll~orary clubhotlsc, and there iS rr-nc•.crn also chat tl~e c.c-nditional use prrntil is immediately »t~cdcd hcc~.uxsc the f1.l~plica~~t's l~resent tempc,rary ~:luhhousc must be in~ivcd Irom its prrscnl lc,c,itic~n by July (, 1 ~)~)~). Tcst.imc,t:ry wxs offered by l.)cniG Campbell, rrhresenting PiNI)INGS OF I',1C',l' i1Nl) C:C)NCI.UtiIONS Ol' Lf~W nNl) L)I:CItiiON ANl) Ultl:)I',R C;1tnN'!'1NC; Ct~NI)I'!'IUNnI: USE. Pf.Rl~11'l' SUti)1=:CT'I"O (:ONI_)I'1'inl~'ti C'H);IZkY I.ANT I:]r(:Itk.~~'I't(~N, INC:. - (~ P_07 JUN 18 '99 10 52 ~ PAGE.O? Jun-18-99 12:24 • Stricirr llevrlc)pmcnt, LLC:, Thal Ihcy would wozk with ihr Applicant ~c) allow srnl~~~ ~tclclitiona) tiattr to Iturve the temporary clul~hc)usc, sc) lon~>; as V he cnnc~itirn~al use permit is ~raitteci t)eti)rc thr. l~ c)f July, 1999, ;and this matter is moving F'prtivard. 15. Thc~ al)hli~.ati~~n is in Co~))plianCe with thr. C>wnprrl~er~sivr 1'h)n of the C:iw c)f Meridian as ti)11c)ws: 1 S. l Meridian C:c)mprehensive 1?lan C;cneralized Land Use Map Infrastrticlurc Planning /lnalysis C:nmprc:hcn.sivc Plan and Mali adu}~ted ol) Uecetrthrr 21 ,199:x, dcsi~nates nc~~ suhjc~a hrnhcny as pxistiitt; Urhatt; at-cl 15.l Cxoals of the Gta~r~pr~~he~n:~ivc T'lan al ha.~c S thcrcc)[ numbers 3, 5 ,and h; attd 1.5.3 Public Services, Utilities and Ener~,y lZesourcrs at pa~;c~ 3.5 "C~nlf Services" pCp~~ldCS: ""h11is is a leased facility. Thy, C'hcrry Lane Municipal C;c)lf C:c)ursr i> a well tJrsi~ned nine-hnlc crnarsc that attracts golf enthusiasts 1'rc)m Ihrcnighout the Valley. The sVaCt' inclt.tdes a gulf professional and ~rccns keeper. 11 rlubltuu~e will he hi~ilt in the near future to ~~ccnmmodate increased user d~~~t~and and };o)k=rrlatecl .ticnriccs t.n the conuxiur-ity"; cind 15.4 '1"abirl. Future Nccdti at page :37 uzuler heading "t;c)1[ C'oursr"; and 1`x.5 C)pr.ii Space, Parks and ltrcxration "Rccrcatic)n Coal Statement" policies, tluml~cr 1.1 at pale 5 ). k1N1'>INC~S ()F 1'/~(.~I' AN1~ (;()NC;LUSI(~NS (>F LnW ANI) i)ECa51nN /1Ni) U1tL)1?R t,RnN'1'1NC; C.'nN171'1'IUNnI, U~1~ 1'ERiv1f'1' ~UIi11=~CT T() ('()N1)1'1'1t~NS C:I1fa:RY Lr1NN: 1.1'('ItEA"CIUN, IN('. - i P.08 JUN '18 '99 10 52 PAGE.O$ Jut'l= 18-99 12 _ 24 ~ ~ C:()N(:LUSIUNS OF LAW 1. ldahu Cvde ~ 67-h512 providc5 in )art that: (A) /~~ part. ()f a zortitt~- urclitt~nce the Cit,v Council Wray provide for the processing; of applic<+tions fnr sl)ccial ar cOnditic)n~tl usr }terrnits; and (B) 'l'ltat a srcc:iaJ t.~u pcrtnit tYtay be g,-rantccl io an al)1)licanc it~ the prnl)nscd use is otYtenvise proh i lei l cd by t.hc- terms of the "LOltlttf~ Ordit)~nCt', ht.u maybe alluwrrl wit h condit.ic)ns uttclrr spec.i("ic. provisions of the coning ordinance, Subject to - the ability of political subdivisions, including schvul districts, to provide ser~~ices fur tfte 1)rol)osed use, arttl when it is trot in conflict vvitlt the p1aT); end (C') That upu)- the granting of a s}~rc.ial ttsc 1)crmit, cuttditiot)s may be attac~hcd to a s}~ecial use Permit., including;, Ulll I1nl. litttited I o, I hotie: l) Minimizing aclvers~, impact ott other dcvclo}~tnetu; 2) Controlling tltr sequence and titr~ing of develu})~~)cnl; 3) C;ontrollittg; the duration of devcl()ptnrttt; 4) /1.tisuritl~; that develupn)ent is tnaittttiincd.prol)rrly; ~) Desi},m,~t ing the ex:i~.t location anCl nature of develupn)~:nt; reduiring Lhc l)ruvision Ior urt-site or aft=site public facilities or senricrs; re.duiriny; more restrictive Standards than tlu)sr g;encrally recruited in an urdir):ancr, retluiring mitil;:+ti~)n of~eftrcrs of the }~rc,l)osed develi~Pmcnt upc.~n service clt~livety by any political subdivision, inc.lttdin~; sc)~r,ol districts, l)roviclin~ scrvires within tk~e planning jurisdiction. f'INl)1N<:~~ OI~ FAt~-I' ANI) C:UNC'LUSIUNS OF LAW ANI) 1)CC:ISIUN r\N1) (.)!tl')GR C;1t~1NTINC; C:ON1~["1'IUN,~I. iJSL' l'l'ItMI'I' SUIi-h.C''I''I'U ('(~NI)I'1'I(7N~ ('.I ILItItY 1.~1NL ltt(.'Itti/\'I~IUN, IN(:. - $ P.09 JUN 18 '99 10 52 PAGE.09 JuYl-18-99 12:24 P_10' ~ • 2. Tht City of Mcridian~has exercised its ~tirthority to rrovide for the j~rocessin~t; o£altplicatiort:s £ur Condition,~l Use Pcrn~ils by the c~act.ment o£~ 11-2-~1~ Iv4unici~~a1 C'odc. 3. "I'he City ~f Meridian in it.5 Munici}~al Cudr at § 1 1-2-"1f)fi L 2 and § I 1-2-4()fi T has provided in part as follows: 2-4~1 E 2 NUN-CUNFOIZMIN'r CJSirS UP STRUC'1'UIZES nR OP STRUC:'!'UltkS ANp >(.AND IN C;UMB><NATION: A tu----c~~ilCnrmin~ use sYtall ~r'c•xtcnd~~d t.o occupy atw <+ciciiiiunal land area only as an applicaticir~ shall he st.thmitted to the Cc~mtnissian artcl in ac~c ordancc v-~ith the Cunelitioi~al Use procedures of Se~~t inn 2-•~ 1 f; oi' this ordinance. 2-40fi F RE1'A1)(tS ANi~ Mn1N'1'E.[~A,NC;E: On anv non-curtfurminp structure, ur p~~rLicin of a stn~cttcrc containirt~; a non-confurrrtirt}~ tc~c, worl: may be done nn ordinary repairs, or ors rep~~ir or rrhlac•enitnt of nun-bearir~~ walls, (i.Yntres, ~ti'irit~K ar p1un-Gi~~l;. The existing cubit. cant ent u£ a riots-rnni'onrtirtt; non-con(cmnirt~; st ruct.ure or` Puniutt of a structure cc-ntaining a Hari-t.onforming usr shall nett be increases) before an ap~~lication shall be submitlcd to the commission acid iti accord ~«th th~~ Conditional l)se procecfures ~f Sectiurt 2-~~ I ~ of this C)rdinartce. 4. Idalw Cult. § h7-fiSU~ rrovidrs that t.hc City Council -may exercise all of thr })owcrs rrcluiri:d and authurircd by Cttaptcr fi5 of "title fi7 lclaho (;ode which A~:r is lulu~vrt ati tltc "Luc:tl land Usr I'lanninf; Ac:t. oC 1975." C'INl)INt~S C)I' F'~1(_"I' r~Nl) C:UNC'I,USIUNS C)F LAW /1N1) I>Et'!tii(7N RNi) c)1tT)CR (;1t~lNT1NG t.:(')Ni71'1'1(.)N/~L USI' 1'CKMI'I' ~1113)IrCC't'C) C'UNUI'I'IC)NS C11~IZIZY LANs ItH,C.'ItCt1"1'iC>N, IN(;. - ~l JUN 18 '99 1052` PAGE. 10 Jurl-1S-99 1Z:Z5 S. The C.',ity of Meridian has enacted the Coml.~reher~sive 1'1<lri City ui= Mericjian adapted llecenlfier 21, 19~I3, Urdillallce No. (il~~, January 4, l~)~)~, wllicll })rovicl~~s in lrjrt: .5.1 Meridian ('onlprchcnsi~'c Plan C;cnc`ralizcd Land- L`se Map Infrastructure Planning /Lnalysis C'ornprellellsive 1'laTl aricl Map ` adopted nn 1)cccmhcr 21 , l ~)c)3, desia~Ilates the subject property as 1xiStin~ Urban; and _ 5.~ Guals of the Co~l~prehcnsivc Plan at. page S thereof Ilulut~ers 3, S aIld (); ~Ul(l 5.3 1'uhli~~ Sc:rviccs, Utilities and Enrrf-y Itrsolrrces .3t 1~a,~c i.5'"C;o11- Services" provides:' ""Phis is a leased 1"acilit.y. The Calerry ~.al-e Munic.ihal Golf Course is a well designed nine-hc~li= course that attracts golf cnt.husiasts t~rolll tllruughout the Valley. The staff' includes a golf pmfcssicma] and greens keeper. /1 clubhouse will be built in t11e Ilrar future c~ accommcuiate increased user dettlarlcl and l;c-If-relatrd services t.a the cuuurlunily"; and 5.=k Table 2 l'1'.u.ure Needs at pa};c :37 l.lndcr hradin}; "Golf C:aurse"; and S.5 O}~er~ Space., Parkti antl ltecrcat.ion "1Zecreatiun (to11 St.at.ement" policies, Ilumhcr 1.1 at ha}~e .59. F1N1)INt~S UE F~1(,T i\NL) C'UN("'LUSIUNS (1E I.I1W nNl) UN.C'ISI(>N AN1.) C)Rl-)C1: C;it~NTINC; CUNI)ITIUNAf. trttil? 1'[atMl'I' SCl13lL•(°l'.'I~(~ (:ON1)1'1'I(:)NS ('HirRItY LANE.1aC'I":f/1"1'LUN, IN('. - lU P_11 JUN 18 '99`10 53 PAGE. 11 Jun-18-99 1Z_25 P.1Z DECISION AND ORDER GRANTING; CONDITIONAI. USF, !'ERMI'I' SU13JF;C.:'I"CO CC)NI)1'1'IONS NOW, TI I>eR~FORE, BASED UPON TY IE ABO'Vt AND 1~OItEGO1NG r1Nll1NGS OF TACT ANll CO.IVC)(.US)<ONS Ok IAW, the City Cc~ua)c•il dcacs hereby OR1~I:.R and this does Order that.: Thc. nPPlicant is granted a conditional usr penriit f~~r the cunstnac~tic»i ~~F a g~)lf c~~ursc cliahhn(i,c and Parkin; lot. to be used in the rustontary za.taruter of the use of st)ch f3cilitics and c()nst.ructior). sl).~all be izi acc•c~rd;~ncc with the. subn)ittc~d Plans cntit.lcd "New Proposed Clulihouse Ior C.:hcrry Lane (;olf C;oursr, Meridian), Idaho, by /~rrhitccture Northwest, 1'.A., Randall C:. Havertield >.,ice~)scd tlrchitc:c:t., Alt 137, whiut- }~I,~ns dcsi~nat.c Jol7 No: 5nc)1 ~ datccl .5- I f~-~~, and wYticlt flans irielitde Site, l.il;ht and Parking Lc)t lalazzs, a~1c1 tee Place urozt the subject ,itc as in)t~ic:arcd on the said Site, light and Parking lczt }Mans a tea)~Parary clublwtl.c, all of whi~:h is subject w the fc>ll~wing t.crms and conditiims: l . l An}~ existiz)g irrigation/c~raizta~;e ditches crossiz),t; yr adjacent t.o the hrupt~ray shall be tiled her (~it,y Urdinazac•.r. 1 I-il-ht)S.M. Tltr ilite:h~'s to be piped should he shcn~t uz~ the site. clans. 1'latls will n~~~,d to be ap}~ruved by the ap~>ropriatc~ irrigat.ioiUdraina}n~ clist.rict, or lateral users' ~,iSSOCialI()]1, 4vitll Wrltl~.n (:()nl`lrllklt]()n nC said aPPr~val subzz)ittecl t~ the Public Wc-rlcs l~epann~en~. I .~ Any cxisti.nl; du~r-~titic wells and/r-r septic systrir„ within this project will have to he rea.Ytovecl from their clrnlustic servic~c Per rIN~INC~~ ()r I~A(~~1~ ~wr) (x)NC:LUtitr~NS ()r [.;A4v ~1NI) I)~C;I~IQN i1N1) UItUl=.1: C~RAN'1'INC; C'c)NI)I't'tUN~1I. U5t 1~1=:RMi'f ~Uk3JF.(-'T Tt) C;UNUITiONS (:I ICRItY I:r~NG I2EC~ItF,"~ I'1ON. IN(r. - 1 I JUN 18 '99 10 53 PAGE. 12 Jun-18-99 1Z: Z5 City C)rdiiiance Section 5-7-5 17. Wells may Ur used t'vr nv~~- ~domestic purposes such as lanclsc<~pr~ irri~;at ion. 1.3 Uff-street parkinfi shall be provided in accordance with Sertiuz~ 11- 2-414 of the City of Meridian 7.oning and l~c~.~clopment C)rcliitaa:ur and/or as drtailecl in site-specific. requircmcnt.s. l .~l• Paving and scripirt~; sl~:ill bk~~in accordance with the stazularclti ,et. 1'c~rth iii Srctiviis l 1-2-4 I ~.T).•'F and 11-`1-41~..U.S of the City al' Mcridi~xn Zoning aIld 1~~VC101?t11C.n1 Urdinancr and in accordance with /\mericaiis ~~'ith I)isahilil'ics l~ct (All.A.) rrc{uirc•ment.5. IeS /1 draina};e pl:i~i dc~si~t;ned by a State of Idaho licensed architect r~r engineer is required and shall be submit tcd to the City Ingincer (Ui-d. 557, 1U-1-91) for all oft=street parkin~t; areas. All Site ciraina;e shall br rvutai»cd and dispvsecl of on-sit c. I .!, Outside lighting shall be desi};i~ccl and placed sv as not. t.o direct illuminati.urt on any nearby residential arras acid in accordance with City Ordinance Sectivi~ I I -2- 14.I~.3. 1.7 1111 sikzta};r. shall he in accordance ~~1th the st:~ndards set Furth in Sectiuzt 1 I -2-~ L ~ cif the Cit y of Mrriciian toning quid l~cvclal>utecit Urdinaitce. Nc- temporary signagc or flashin~~ sig*rts will he ~~rnttitt.c`d. 1.~ /lp~~licaz~t ,.<hall constn~c.t five-foot-~~icle, sidewalks in ae:cordaxu•e with City Ordinance S~~~tion l 1-~~-<t7fi.B.I 1. along the eritir~ 1'rvnta~;~~s of W. '1'alamore I~rivr :and W. Harbor Pointe I:)rivc. I .~) All construction shall cwtform t.o tltr rcq~.tirenirx~ts of the Ilittericans with Uisahilities Act. 1. lU Al~plicaiit Shall pro~ricle a rc~~isecl site plan clrtailin~; all exist.in~; arcrl proposed utilities for review by the Meridian Public Works Departnu~nt. Designer shall cxi~rdinate si~in~; and routing; ref I~IN1)IN(a~ C)f FA(: I' AN1) (:(>NC'LUSI(.)NS QF CnW nNl) 1')f:('IS1UN iWl) URl~ffi C~IZnN'I'INC; (.'nNl)1't'I(~N1~L USI'. 1'I:Ith9J'I- titJh-)r(_'l' "I'U C:UNnI"I'IUNS CI IL'h1tY I.nNE 1ZF.C'RL•A'L'1gN, INC;. - 12 P.13 JUN 18 '99 10 53 _ PAGE. 13 Jun-1S-99 12:25 ~ ~ sanitary sewer and watez within 1 he dcveloptrtertit with the Public Warks l~eparttziexit. 1.11 1'ri)vide Lhe l?ublic Works l~charunertt with irifarmat.ion on atttiri})atcd lire tlow ar~d ciomesl.ic water requirements for the proposecl site. I'lt~w and pressure frc)m tl:tr existing mains shall he ~Ytartitored wil.h t.hr Meridian W;alc~r I)el)artancnt In detemii~u whether aclegr~aie fire protecti~>ri exists. 1.12 Apl~lieant. shall be required la enter into <tn Assessment A~,-reerncnt v~~i111 the City crf Mericlian. In adclitior~ to these assesstx-rnts, "X-ate C'amers" fees rrit)y alsa he charSecl a~~~inst: Ibis parcel to help reimburse t11C p~)rciG• respc>nsible for installing mains to their currcnl paints. 1.13 Based nn"asphalt square faall~c oi~ (iG,~3~U, a Mal t~l' 45 three-inch r<~liher t.recs are required far the project. 17i~c to the issue of h«lCcring of acljac~anl rrnrcrties, trees in :~dditit~n w thr r~:cluircd three-inch e<)liper trees slwulcl Uc pra~•ided. 'll'lrrrc-inch Nortivay Spruce trees will nat be apprr.,vc~i in t.]Ze count c)t req~.iircd tliree- irtcl- Caliper t.rces.llriv conifers prc~videct sh<rll he a mininurzr- of h'- K' in height. Slaff requires that three-inch caliper Lrees be pruvidcci at '35 feet on Ct~nlcr alcuzg W. '1'~3lamare llrive and W. Harbor Paints llrrve, as well as within parking ]cat plaxiting beds. 1'rovidc detailed landscape elan ftrr review :and al~pro~~al. 1.14 Shall re~zew lighting plans with the City ~~f Meridian to ensure adjaceirt residcnti<<l prr~hcrtics anti the travclin~; puhli~: arc not itttpacted by glare. 1, t .5 Sigmagr shall he li>.ttited to c>ne low-rrc>(il~ Ytwnuriu.nt type sigtl near the ititerscct,ic~rt ol: W. '1'alanwrc Drive a>acl ~W. I~iarbor 1'aint.c l7rive. Sifin shall be plac.cd outside crl-sight trian~,lc. I)etailc d signat;e plans will be subject to design review. FINI>INC;S (.)r PAt: l' AN>7 (;UNCt.t1S1ONS Or LAW ~\Nl) ll1'('ISIUN AN>7 UltllH:R C,RAN'I'INC.,t:UNi)ITIUNnI. USE: PP.RIv1l'1 til1li-lrC:'I, TC) (;UNI)ITIC)NS C'11L•Ii12Y 1.~1NE I2F:C:RCA"l'It)N, IN(:. -~ 1:3 P.14 JUN 18 '99 10 54 PAGE. 14 ~..,~. ~.--.~.w. ~..-.., ,..,...,...,. Jun-18-99 12:25 I .I G Courdinale hcations a~ul c.~~nslructiu>a rrquircmcnts of tra.,h et~~lo~ttre with Sanitary Services, lztc.., ,~nei l~rovicle a Ic'.tter of approval Crain their nflicc prier tr) <al~l~lying fur Uttilclin~ permits. 1.17 Handicapped ac~essiblc parlciitb spaces ;•ina assciciatcd si~i~T<abe sl~~all be oonslructed in a~cordancc° with tl~c Amcricatts with 17isabilitiCs !1c-t. 1.1 S Ahhlicant shall provide a Iccter of approval from Narnha-Meridian Yrrig~uiun llistrict for trees shown within their ea.c~mcnt. for the Eight Mile I.aleral. I . l ~) C;ertific<ttes oC Toning Cutnplia~ue ;~tnd Uccu}~aney must. lie issued prior w any use oC the pruperty- l .2() -1`lie terrtpnrar~Y clubhouse shalt be used tier a period not, to ehcercl seven (7) nu>nchs fruttt the dat.c cif this urtler. hri~r to rnuvix~}; of the tcrrlhnrary clubltousc, a lct.tcr of cxedit nr cash shall die r~~~civc.d by the City of .Meridian as ~i gt.taraittee fr~r rnmpletion ux the permanent clut~liousc and parldrt~-lot in the anu;'u>:tt of l=ive F}u-~dred "rhausaxt,d i~n(i Na/10()tlts (~.5f1~,()()().U()) llvllars. 1.1 [ 'I't1c h:tscmcnt of the building shall tie provided ~cvic.h a fire sl?rinl<lr.r svstcm in confur~t~ancc with the Unif~irm rite Cade. 1.22 !\dditional walcr hydra>;tts shall he installrcl and operational prior to any coast ruction: I .'L3 llpplitants shall satisfy all lire code requirr.meitts. t.l4 Run-ott~is not to create a mosquito hr~~dinK problem. l .L.5 Swr~r-watcr shall lie l~rctrcated tlir~~ixgh a ~~x;~ssy Swale prier t~ disc.hargc w the suhsurl'ace to 1?revcnt i>itcpaca t.c~ groundwater arul sur~ace'cvtuer (lu:ality. I=1N1)IN(~S (J1' Pn(~ 1' /1N1~ CONC.I a1SlON5 <:)h 1.AbV ANL) t)1•.(~iSIUN nNl~ Ultt)1=.1: GRAN'I'INC~ CUNL)1'flONA1. ~1Sf I'EIZMIT SUHJk:C."~'1-U C:UNI:)il'IUNS (:I-1tIt1ZY i.ANE ltl'.(:R~AI'I(~N, iNC, - l4 P.15 JUN 18 '99 10 54 PAGE. 15 Jurl-18-99 1Z:Z6 P_ 16 • • 1.2G '1'h~~ l:npineers and arc:hitccts involved with the design nt l.he subjeca .project. Shall obtain current bcsl mana~ernei~t I)ractices for stnrmwater disl)nsal and cle:si~n a sturTtiwaler maTia~;e~)~cnt. systeTt~ that prevents ~mundwater and surface water deKraclation. 1.27 Applicant shall submit plans i'ur <~ tc)nci cstablislur~rnt review. ] .2i~ ltpplicat-t shall Submit a L~~~ul llsc (~hari>;rlSitc~ 17evclopmer~t al~tplic~~tion for review prior to final platting. 1.29. Requires all later~~ls anti wasteways be protectecl. 1.3U All municipal suxf~icc drainage shall he retained un site. ' 1.31 if ar~y st~rfac.e drainage lr~+ves-the. site, the N~{~)~1):a ~ Meridian Irrigal inn District Tnusl revicu~ draiziagc I)lans. 1.:32 'The Developer ttntst contact the Nan)l)a L:t. ivlrriciiari Irri~at.iort >_~ist riot for ahprurral before any eTtcroachnlr.nt or change ~(" right- of-wav occurs. 1.3:3 I~~welc-j)cr must cotnl)ly with ldahu C~~dc X31-3HU5. 1..3'~ '1'hc clubhouse shall not be upr.ratcd other tha:i far maintenance pall. 11:UU u'rlc,~:k p.m. 2. That clte City /1tt~irriey draft an Order (~rantittg C_'nnditiUrial Clsc I'erutit in su~curda»c~e with this 1")ccision, which shall be signed by the Mayor anc'l City (;leek ~+nd then a c•~)l)y served by the Clerk ulxm the al)plicant, the Planning; and Coning; I)cpartmcnt, L11C 1'lihllC WUrI<S DCl)~irLT11(~nt. and ~u~Y :~ffcctrci 1.~:~r~y rcduetitcd ric)ticc. 3 f INL)IN(~ti Or I~nC`"1' ANI') ('ONC;I.USIUNS t)f' LAW ~N[) l)l;CISION ANf) t)RL)hl: C;RAN'I'IN(; (:UNf)I'1'lUNnl. U51? Pf:hMll' Sl![3J1:C r TO C:UNf)1"CIUN~ t,l ICItItY I.nNE It1=.C'REA'I'InN, INC'. • t i JUN 18 '99 10 54 i PAGE. 16 Jun-18-99 12:26 • NU"1'1Ct: 01= 1=IN~lL AC'1~lON Please take ~wtiC~'. ihai this is a tixlal ac~inn of'r.he };t-verninK h<~dy of the ( ity cal Meridian, lntrtiuaxtt to ldahc~ (:cxie ~ 67-t~S21 an affecteel pcrsc~n heirtb a Ntrtion whn has an inicrest in real }~rc-lx,rty~ which may be ~ad~~crscly affected Vy -h~~ issc.tance or tl~~rti~t] c)I' tliz cc~itclition~! rise l~ertnit Wray within i~vcnty-eight (2$) clays afr.er the elate ~~C this deciaiu~t ~i>>d ~rd~:r seek a judicial review ,~s hm~~ided by Chaptrr 52, Title fi7, Idaho CUCie. liy aci inn cif the City Cuur,ril at ii s regular meetiri~; held ~n June 15, 1 ~~~~~~. . 1tULL C.r~I.I, - ~~OUN(:ILMl1N ANU1=.R5()N VU"f'!ru CUt1NC11.MAN ELNTLEY (:OUNCl1~1~~fAN 13181) CUUN('ILMM1 1LOUNTREE Mf'1YUR 1t0131:.RT U. ~:Oh'RIE ("1'.[!r IiRl;/\I<ElZ) 1 >ATL1): I'LNll1Nt~S OI' Ft~c_'1~ nNl~ t:UNt:i.taSIUNS U1- I.AW ANI) t)Ec~ItirC)N ANU t")ItnCR (.UltnN1'IN(; CUN~)ITIUNAI, USIr !'f.Rhtfl~ ~U('-JL(:'1"CU t,t)NI)1'1'IC)N~ C'II>:1t1tY t,ANC Itlr(:'ltf:~1"1'IUN, INt'. - 1G JUN 18 '99 10.55 v(Y~fL'•l~ v()~r~u V()"1'Ell V()Z'El~ PAGE. 17 P_17 Jun-18-99 12: Z6 Mi~TIUi\'; AI'I'12C)VL•1~: • ~)ISAPPR()VEU; ' Lupy ~c~rvcd up()nA})~licarll, I.hc 1'latu~inl; ar~d Z()nir>.J; I)cl~artmcnt a>.lcl thc, Pt.(blic Wurlcs C)cl~~tr(meYtt. Ry: l~alcd: (:itv Clt~rlc msl%L `~W'r~rl~\,`1Vvic•ri~iau I r3GUM1('harrv I;uie (;ull Lo++rs~ ('l ll'~('UI'1)rrUrd.fcs --1N1)[N(.~S Of' FA(::'I' AN1) C'i)NC;LUSti)NS OF I.n'w ANI) 1)L•t;ISlc)N ANU C)RI)EIt (;Rr\N"t'iN(; (;t)Nt)ITIONnl. USE Pk-;RMI'I' SU13JL•(;'I' "I'(~ C'UNL)ITI(>NS Cl It1LhY I.nNE KN:(,RCA'I'IC)N, INC. - l7 P. 18 JUN 18 '99 10 55 PAGE. 18 " a '&. MERIDIAN CITY COUNCIL MEETING: JUNE 15, 1999 r APPLICANT: CHERRY LANE RECREATION INC AGENDA ITEM NUMBER: 17 REQUEST: CONDITIONAL USE PERMIT FOR CLUBHOUSE, PARKING LOT 8 TEMPORARY CLUBHOUSE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DtSTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DtSTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES SEE ATTACHED PLAT SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION ~ lr REVIEWED REVIEWED ~~ REVIEWED ~~ ~~ ~~~~ ~. ~' "~ -~ a 'SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: SEE ATTACHED INFORMATION SllBMITTED All Materials presented at public meetings shall become property of the City of Meridian. . ~ E BEFORE THE PLANNING AND ZONING COMMISSION. ` In.The"Matter of The Request ) Case No., CUP-99-009 For CONDITIONAL USE ) PERMIT FOR GOLF COURSE ) RECOMMENDATION TO CITY `' CLUBHOUSE,. PARIQNG LOT )~~ COUNCIL AND TEMPORARY ) " "" CLUBHOUSE ) CHERRY LANE RECREATION, ) INC., ) Applicant ) . ~~ INTRODUCTION ,, .. L The property is located at 4200 Talamore B1vd.,,Meridian, Idaho. ` ~ 2. The owner of record of the subject property is the City of Meridian of " 33 E. Idaho Ave., Meridian Idaho. 3. Applicant is Cherry Lane-Recreation, Inc. of 2070 Interlachen Way, Meridian, Idaho. 4: The subject'property is currently zoned Low Density Residential (R-4). The zoning district of Low Density Residential (R-4) is defined within the City of `IVleridian Zoning and Development Ordinance, Section 11-2-408(3). 5. The proposed application requests a conditional use permit for construction and development of a golf course clubhouse, parking lot and temporary RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -GOLF COURSE CLUBHOUSE, PARIQNG LOT AND TEMPORARY'CLUBHOUSE - CHERRY LANE RECREATION INC. - ~„ clubhouse. The Low.DensityResidential (R-4) zoning designation within the City of _ Meridian Zoning and Development Ordinance requires a conditional use permit be t obtained for mos5t uses including those requested-by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 6'. The use proposed within the subject application will in fact, constitute a conditional use as determined by-City Policy. } 7. The Meridian Planning and Zoning Commission takes note of and recognizes the concerns of Paul B. Newcomb, of 3837 W. Harbo`rpoint Drive, Meridian, Idaho, dated April 21, 1999., Addition people,providing testimony ,included: a. David .J. Zaremba and Euphemia R. Zaremba, 2540 N. Crooked Creek Way, Meridian, Idaho, in their letter dated May 3, 1999, b. Gene and Rose IQefman, 3721 N. Seacove Way, Meridian, Idaho,°in their undated letter, . c. John W. McCabe, 3817 W. Harborpoint Dr., Meridian, Idaho, and d. Ellen Peterson in her undated letter and no address provided, and e. Jim and Eva Gay Yost, 2638 N. Seacove Way, Me"ridian, Idaho in their undated letter. RECOMMENDATION TO CITY COUNCIL = 2 CONDITIONAL USE PERMIT -GOLF COURSE CLUBHOUSE, 3 PARIQNG'LOT AND TEMPORARY CLUBHOUSE - CHERRY LANE RECREATION INC. E RECOMMENDATION' . ~~ ~1. The Meridian Planning sand vZonrig Commission hereby recommends.-to 'the City Council of the City of Meridian that they approve the conditional use permit as.requested by the applicant, subject to the following:. .Adopt"the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows:.. _ 1.1 Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 1 1-9-605.M. The- ditches to x~ be .piped should be shown on the site .plans. Planstwill need to be approved by the appropriate irrigation/drainage district, or lateral users' w 'association, with written confirmation of said approval submitted to the + Public Worlcs Department. F 3 1,2 Any existing domestic wells and/or~septic systems within this project will ' have to be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used-for non-domestic purposes such as a.landscape irrigation. 1.3 Off-street.parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development. Ordinance and/or as detailed in site_specific requirements. 1.4 Paving and striping shall be in accordance with the standards set forth iri Sections 11-2=414.D.4~and 11-2-414.D.5 of the City of Meridian .Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA)~requirements. ~ N 5 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site ..drainage shall be ' contained and disposed of on-site. ~, ,~ RECOMMENDATION TO CITY COUNCIL.- 3 CONDITIONAL~USE PERMIT -GOLF COURSE CLUBHOUSE, PARIQNG -LOT AND TEMPORARY CLUBHOUSE - CHERRY LANE RECREATION INC. _ G .. ,~ - ' ~ ,~ ,. J u. , r ~ ~~ Q 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section.l 1-2-14.D.3. 1.7 All signage shall be in accordance with the standards set forth in Section 11-2-4'15 of the City of Meridian Zoning and Development Ordinance. No temporary signage or' flashing signs will be permitted. 1.8 Applicants shall provide five-foot-wide sidewalks in accordance with h City Ordinance Section 11-9-606.B. T.9 All.:construction shall conform to the requirements of the Americans with Disabilities Act. L~10 Applicant shall provide'a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer shall coordinate sizing and routing of sanitary sewer and water within the development with the Public Worlcs Department. 1.11 Provide the Public Works Department with information on anticipated ' fire flow and domestic water requirements for the proposed site. Flow arid pressure from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 1.12 Applicant shall be required to enter into ari Assessment Agreement with the City of Meridian. In addition 'to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties - responsible for installing mains to their current points. 3 1.13 Based on asphalt square footage of 66,850, a total of 45 three-inch caliper trees are required for the project._Due to the issue of buffering of adjacent properties, trees in addition to the required three-inch caliper trees should be provided. Three-inch Norway Spruce trees will not be approved in the count of required three-inch caliper trees. Any conifers provided shall be a minimum of 6'-8' in height. Staff requires that three-inch caliper trees be provided at 35 feet on center along W. RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL iJ5E PERMIT -GOLF COURSE CLUBHOUSE, tx PARIQNG LOT AND TEMPORARY CLUBHOUSE - . CHERRY LANE RECREATION INC. r n , ~~ . ,. k • • Talamore Drive and W. Harbor Pointe Drive, as well as within parking -lot planting beds. Provide detailed landscape plan for review and F `approval. - n 1.14 Shall review lighting plans with the City of Meridian to ensure adjacent. residential properties and the traveling public are not impacted by glare.. ... .. '1.15 Signage shall be limited to one low-profile monument type sign near the intersection of W. Talamore Drive and W. Harbor Pointe Drive. Sign G shall be placed outside of -sight triangle. Detailed signage plans will be subject to design review. 1.16 Coordinate locations and construction requirements of trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for,building permits. 1.17 Handicapped accessible parking spaces and associated~signage shall be constructed in accordance with the Americans with Disabilities Act. 1.18> Applicant shall provide a letter of approval from Nampa-Meridian Irrigation District for trees shown within their easement for the Eight 'Mile Lateral. " 1.19 Certificates of Zoning Compliance and Occupancy must be issued prior to any use of the property. 1 20 The temporary clubhouse shall be used for. a period not to exceed 6 months. Prior to moving of the temporary clubhouse, a letter of credit or cash should be received by the .City of Meridian as a guarantee for completion of the permanent clubhouse and parking lot. Adopt. the Meridian Fire Department's Recommendations as follows: 1.21 The basement of the building shall be provided with a fire sprinkler system in conformance -with the Uniform Fire Code. 1.22 Additional water hydrants shall be installed and operational prior to any RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT -GOLF COURSE CLUBHOUSE, PARIQNG LOT AND TEMPORARY CLUBHOUSE - . CHERRY LANE RECREATION INC. q. r ~ ~, ~- ~ a, x~ ` m r ~ ~} cohstructiori. h • L23 .Applicants shall satisfy all fire code requirements. " . Adopt the Central District Health Department's Recommendations as follows: 1:24 yRun-off is not to create a mosquito breeding problem. 4 ~ 1.25 Stormwater,shall be pretreated-through a grassy swale prior to discharge '' ~ to the subsurface to prevent impact to groundwater and surface water . ~~ ~ ` ,quality. ` r ti ;1.26 The Engineers and- architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation., • ., 1.27 Applicant shall submit plans for a food establishment review. ' Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 1.28 Applicant shall submit a Land Use Change/Site Development application for review prior to final platting. x 1.29 Requires-all laterals and wasteways be protected. 1.30 All municipal surface drainage shall be retained.on site. t , ' 1.31 If any surface drainage leaves the site, the Nampa & Meridian Irrigation q " District must review drainage plans. • F 1.32, The Developer must contact the Nampa & Meridian Irrigation District. v for_kapproval before any encroachment or change of right-of-way occurs. 1.33 Developer must comply with Idaho ..Code §31-3805. . ~ ~ ~, s ii RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT -GOLF COURSE CLUBHOUSE, PARIQNG LOT AND, TEMPORARY CLUBHOUSE - A .CHERRY LANE RECREATION INC. _ ".~ E ~ s r a ey/Z:\Worlc\M\Meridian 15360M\Cherry Lane Golf Course CUP\PZ.Rec ~, a 6 ~ ~: r ' '~ e i S t s F -- ., y. 7 .f RECOMMENDATION TO CITY COUNCIL - 7 CONDITIONAL USE PERMIT -GOLF COURSE CLUBHOUSE, PARIQNG LOT AND TEMPORARY CLUBHOUSE - CHERRY LANE RECREATION INC. 4