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Whitetail Subdivision FP
CENTRAL •• DISTRICT ii~HEALTH DEPARTMENT ~- MAIN OFFICE • 1455 N. Orchard • Boise, Idaho 83706 • (208) 375-5211 son-iny 92-231 AOa. Boise, _Im°re, an0 Valley Counfes April 28, 1992 salsa coumy cmce lass N. orchsd 9°ise. 10 83706 Nursing: 375-5211 Environmentd Heartn:375-5230 DAVID NRVARRO ADA COUNTY RECORDER Elmore County OHica 650 MAIN STREET 520 E. Bth Street N. Moumam Home. 90I SE I D 83702 ID 83667 587-4+07 RE: WHITETAIL SUBDIVISION Elmore County Otfce Dear Mr. Navarro: of Environmental "ealth 198 S. 4th Sireat E. "'°°"'"'""°m°' Central District Health Department Environmental Hea t 1p 83617 rave the final plat on this 587-9225 Division has reviewed and can app subdivision for central water and central sewer facilities. Final approval was given on Rpril 27, 1992. valley County OHke a.o.e°.t66e royal of the uccau.~De3s3e No lot size may be reduced without prior app s36~7, 9a health authority. If you have any questions please call. Sincerely, Th7om/~E. S~ a1~H. S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD Meridian City Public Works Meridian City Building Dept. R & R Associates Teal eyes Land Surveying TS:ima ~ t MERIuIAN CITY COUNCIL FEBRUARY 18, 1`392 PAGL 12 procedure, I think that's fine but you need to make a finding under the ordinance that the parcel's have the appropriate improvements on the lots and then on the other request some of the subdivision requirements if you don't find that then it needs to have a request for a variance for those other items they want waived. Giesler: Withdrew his motion to approve. Yerrington: Withdrew his second to approve. The Motion was made by Giesler and seconded by Yerrington that we approve of the preliminary and final plat short version with findings to warrant the improvements being satisfactory. Motion Carried: All Yea: ITEM #7: COVENRNTS ON SUNSHINE ADDITION: Kingsford: Gary had one on his findings sheet. On irrigation water to be provided in accordance with city ordinance, I think we are asking for a waiver there for that since it's already available. Atty., Crookston: Comments on irrigation which has been resolved. Also on animal control. The Motion was made by Giesler and seconded by Tolsma to approve the Covenants on Sunshine Addition with requested amendment by City Attorney. Motion Carried: All Yea: ITEM #8: PUBLIC HEARING: PRELIMINARY & FINAL PLAT ON WHITETAIL SUBDIVISION, R.A. ASSOCIATES: Kingsford: I will open the public hearing. Is there a representative present? Gat Tealy, 479 Main Street, Boise, was sworn by the attorney. Tealy: I'm here representing R.A. Rssociates in their application for final plat for Whitetail Subdivision. Whitetail Subdivision is a four lot subdivision with minimum lot size of r`tERIL~IAN CITY COUNCIL CL+RUARY 1i3, 19'2 GAGC I4 Eng. Smith: if it is within the public right of way then the Highway District will take care of it. If it's not, it's up to the ditch users. I don't think it's an irrigation district line at that particular place. Giesler: Gary will you look Into this? Kingsford: Anyone else to testify ^1rs. Gat Fujii, 4.345 Pasadena Drive, Boise, was sworn by the attorney. FuJii: On January 14th my husband and I gave you each a letter stating our concerns. First thing was a fence - R.A. Associates statetl they would build a six foot wooden fence between our property and theirs, mainly because we have a barb wire fence for our horses and we didn't want any children getting hurt. The other concern is that our property is the lowest in that area and so when R.A. Associates build up their property to put the houses 1n then all that would drain onto our property. Voiced concerns about leakage of water and not getting any results. Kingsford: We will share in your run around. Is there anyone else from the public who would like to offer testimony? No response. I will close the public hearing. uiesler: Is there something they are willing to do on the fence? Tea r : We agreed at Planning and Zoning to build a fence along the beur.dary. Kingsford: Work with Gary and make sure the water situation gets remedied so that the fence doesn't get ruined. Yerr:nyton: Who's responsibility is this wooden fence after it's put up' Kingsfor°d: The property owners on both sides, usually. So it would be a responsibility of the owners of each of these four lots to maintain that. The Not;on was made by Corrie and seconded by Yerrington to approve the preliminary and final plat with the irrigation conic°.bution in lieu of the irrigation ordinance. ^loi.or. 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Wa ~, ~ N ~ ~ a ri ~: a v~ ~Fa 41 N ~ v~F H ~ 4 ra ~ a Z cc`~~~ z ~ ~ ~ ~ ~ ~ o ~ ~ 2z~ x ~ c N ~ r+~r+ `` a a~ w H a fry'' H y 'C ~ ~~ X z O ri ¢ m a m F C9 ~ m c~ fUr ~ a r A O a a s h ~ h ~ H ~ ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ fr IIIIIIIIIIIIIIIIIIIIIIIIIitI NOTICE Of HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on February 18, 1992, for the purpose of reviewing and considering the Application of R & A Associates, a general partnership, for a preliminary and final plat of the property located generally at the northwest corner of 11th Street and Cherry lane and generally described as .76 acres of a portio of the SW 1/4 SE 1/4 SW 1/4 of Section 1, T.3 N., R.1 W „ Boise Meridian, for a four tot single-family dwelling subdivision to be known as Whitetail Subdivision. Public comment is welcome and will be taken and heard. DATED thiso~~J da pMBROSE, FITZGERALD 6 OROOKSTON Attorneys an0 Counselors R.O. BoX s27 MerlElan, lOMo B88s2 TeISRNOne 888 J~81 4 • • MERIDIAN PLANNING & ZONING JRNUARY 14, 1992 PAGE 7 Clerk Niemann: Yes they are going to t he that ditch along the front of there. Johnson: Anyone else? Seeing none and hearing none I will close the public hearing. Rountree: The irrigation and the waiver are not included in the RCHD comments. You wanted both those things waived. Crookston: If they are not going to use the live water then the waiver does not apply. Rountree: I have a question for the City Clerk about treating this as a non-subdivision. Clerk Niemann: I've never heard of it before tonight. Crookston: I'll have to look at the Ordinance on that. Johnson: You quoted specifically a section of the code what was it? Allison: Yes I did. When you are only dividing a parcel into two parcels there is a special provision under section 9-604A Subdivision approval required. (Explained - see tape) (Discussion - see tape) Rountree: Is that the ten foot portion of the property? easement shown on the northern Allison: That's correct. The Motion was made by Rountree and seconded by Hepper to pass a favorable recommendation on to the Meridian City Council including the consideration of a variance for the irrigation system and because of the existing condition on 4th Street that the subdivision be consistent with what infrastructure is there now, not having to include additional curb, gutter and sidewalk. Motion Carried: R11 Yea: ITEM SUHDi MERIDIAN PLRNNING & ZONING JRNUARY 14, 1992 PAGE 8 Johnson: I will now open the Public Hearing. We've been presented tonight with a letter from Edson & Patricia Fujii with respect to this application and it will be entered int o the record. Is there someone representing the applicant who would like to c ome forwa rd? Pat Tealy, 479 Main Street, was sworn by the attorney. Tealy: Here representing the applicant Mr. Guy Walker. Whitetail Subdivision is a four lot subdivision on approximately 3/4 of an acre. Lot 1 has an existing home on it and this home would remain. The applicant has asked that pressurized irrigation be eliminated because of the fact that it is a four lot subdivision and to try to put in that type of system would be quite expensive. We propose that we eliminate the irrigation all together to prevent more problems with the drainage. If there are any questions I'd be glad to answer them. Rountree: Have you seen the comments provided by ACRD? Tealy: Yes. Our concern we can work out with them. Rountree: Are you proposing any entrance improvements for the existing lot with the home on it now in terms of fencing, berms, landscaping - Tealy: The berms and landscaping we don't feel would be, there would be a safety problem there on it's entrance on to Cherry Lane. Rountree: Have you read all the comments from the City Engineer? Tealy: See I have and I've talked with Gary about them. Rountree: What is your proposed solution to the question of maintenance of your storm drainage pit? Tealy: This is something we will work out with the Highway District through their maintenance of the system or the adjacent land owners. Rountree: What's the distance to the remainder of the subdivision to the north? Tealy: There's approximately 750 ft. to the subdivision to the north. Hepper: Questioned the dwelling size. January lA, 1992 To: Meridian Planning and Zoning Commission There are several potential problems that may arise with the approval of the Sunshine Whitetail Subdivision as perceived by Ed and Pat Fujii. 1. (a) There is an open irrigation ditch running on the eastern edge of the property adjacent to proposed lots 4, 3, and a portion of lot 2, as depicted on the map sent to interested persons. There is currently a wire fence (partly smooth and barbed) adequate for containing horses or cattle along this border. (b) The rest of lot 2 and lot 1 border a parking lot, storage shed, and 2 open carports associated with a single family dwelling, at present used as a rental residence. At various times, there are trucks, trailers, tractors, forklifts, and passenger vehicles of various types parked and operated in this area. There is presently a wire fence and thick hedge along this border. The irrigation ditch (a) and items mentioned in (b) could pose an attractive nuisance and be hazardous to persons (children as well as adults) and pets of future subdivision residents. A solution would be for the developer to erect a continuous, solid wood fence at least 6 feet high the full length of the western border of the proposed subdivision, for the purpose of restricting visual and physical access. <, When the highway district widened Cherry Lane to 4 lanes in 1986, the irrigation box in the SE corner of our lot was installed and connected to the existing pipe that runs north along the western border of the proposed lots 1 and portions of lot 2. This connection has leaked since it was installed. It was dug up and repaired by the original contractor at that time, but it still leaks. When water is run in the pipe line, the leakage water runs onto proposed lots 1 and 2. We do not know what repairs were made at that time that failed to solve the problem. The highway district and the contractor that did this job should be held accountable, but that has not happened to this date. If the developer fills the western side of his lots higher than our lot, the water will run back onto us, since our lot is the lowest point. The solution is to have Meridian City contact the Ada County Highway District and insist that the irrigation boxes function properly without leaks before approval of the subdivision. ~ The NW corner of proposed lot 4 is continually flooded £rom water that spills over from the ditch mentioned in 1. (a) of this statement. That water runs continually during the irrigating season because the gates in the system do not shut the water off completely. If the developer builds up the level of his lot, the water will flood back onto our property. The solution is to have Meridian City contact the Ada County Highway District and insist that the irrigation gates function properly without leaks before approval of the subdivision. We request that these statements be entered into the record of this hearing of January 14, 1992. ~- -- . ,, ~" .; .. ~ ~ , j ., ; ~~i- ~u~ Edson Fujii ~ Patricia Fujii -2- i PRELIMINARY PLAT WHITETAIL SUBDIVISION (4 IlYPS) C O M M E N T S 1: ADA COUNTY HIGHWAY DIST: SEE ATTACHED CONII~]TS: 2: CENTRAL DISTRICT HEALTH: CAN APPROVE WITH CENTRAL WATER & SEWER: 3: IDAHO POWER COMPANY: NEED NECESSARY F.ARFMFTTI'$; 4: NAMPA MERIDIAN IRRIGATION: NOTHING RECEIVID:" 5: CITY ENGINEER: SEE ATTACHED CO^'IMENTS: 6: FIRE DEPT. NO OBJECTIONS: 7: POLICE DEPT: NO OBJECTIONS: $~ Public Hearing held before the Planning & Zoning Commission on January 14, 1992, Commission recommended that this request be approved by the City Council; 9: There was written testimony submited by Ed & Pat Fujii which is attached: GG~'I iC GLENN J. RHODES, President CHARLES L. WINDER, Vice President JAMES E. BRUCE, Secretary R & A Associates 7972 Fairview Boise ID 83704 Re: WHITE TAIli - PRELIBIINARY PLAT ADA COUNTY, IDAHO January 7, 1992 On January 2, 1992, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat as stated below: FACTS & FINDINGS: 1. Whitetail is a 4-lot single family west side of NW 11th, north of are planned. residential subdivision located on the Cherry Lane. No new public streets 2. NW 11th Avenue has 50-feet of right-of-way (which is adequate), and has been recently constructed as a part of Deerfield Manor Subdivi- sion. There are curb and sidewalk improvements along the east side of the street. 3. Cherry lane has 80-feet of right-of-way (which is adequate), and is fully improved. SITE SPECIFIC CONDITIONS: 1. Construct curb, gutter, 4-foot sidewalk and match paving on N'vV 11th abutting parcel. Improvements shall be constructed to a 36-foot back- to-back street section. 2. Dedicate a 15' x 15' triangle, or suitable curve, to keep street unprove- ments in the public right-of-way at the corner of NW 11th and Cherry Lane abutting parcel. 3. Utility street cuts in the new pavement on NW 11th must be approved by the District Commission. 4. Direct lot or parcel access to Cherry Lane is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. ads county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 R & A Associates ~ • January 7, 1992 Page 2 5. Provide a wider curb radius (25-foot) at the intersection of Cherry Lane and NW 11th Avenue. STANDARD CONDITIONS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed is conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Obstructions (utility facilities, irrigation and drainage appurtenances, etc.) shall be relocated outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. 5. Existing irrigation and drainage systems shall be continued across par- cel. 6. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 7. Site drainage plans and calculations shall be submitted for review and appropriate action by ACHD. The proposed drainage system shall re- tain all storm water on-site. 8. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 9. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 10. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, is writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. In order that the Final Plat may be considered by the District for accep- tance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: R & A Associates ~ • January 7, 1992 Page 3 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed pubhc right-ofway, the following shall be submitted and subject to review and approval by the District: a. Two complete sets of detailed street construction drawings pre- pared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services- e. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the Dis- trict to guarantee the completion of construction of ali street im- provements. 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for ona year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7662, should you have any questions. IISTRICT JDT /ev cc: Development Services Chron Meridian City Council Tealey's Land Surveying ~'' ADA COUNTY HIGHWA~ DISTRICT 31B EAST 37TH STREET BOISE. IDAHO 83714 Inter-Department Correspondence To: Ada County Highway District Commission Dace: December 31, 1991 From: Development Services Subject: PRELIMINARY PLAT -WHITETAIL SUBDIVISION (R & H Assoc., 7972 Fairview Avenue, Boise ID 83~4~\888-1949) C' 0 U / FACTS & FINDINGS: ~ ~~ 1. Whitetail is a 4-lot single family residential subdivision located on the west side of NW 11th, north of Cherry Lane. No new public streets are planned. 2. NW 11th Avenue has 50-feet of right-of-way (which is adequate), and has been recently constructed as a part of Deerfield Manor Subdivi- sion. There are curb and sidewalk improvements along the east side of the street. 3. Cherry lane has 80-feet of right-of-way (which is adequate), and is fully improved. SITE SPECIFIC REQUIREMENTS: 1. Construct curb, gutter, 4-foot sidewalk and match paving on NW 11th abutting parcel. Improvements shall be constructed to a 36-foot back- to-back street section. 2. Dedicate a 15' x 15' triangle, or suitable curve, to keep street improve- ments in the public right-of-way at the corner of NW 11th and Cherry Lane abutting parcel. 3. Utility street cuts in the new pavement on NW 11th must be approved by the District Commission. 4. Direct lot or parcel access to Cherry Lane is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 5. Provide a wider curb radius (25-foot) at the intersection of Cherry Lane and NW 11th Avenue. WHIT ETL/DSTECH 1-Z-B7 -- PRELIMINARY PLAT • HITETAIL SUBDIVISION • December 31, 1991 Page 2 STANDARD RE U~ EMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 3. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Obstructions (utility facilities, irrigation and drainage appurtenances, etc.) shall be relocated outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. 5. Existing irrigation and drainage systems shall be continued across par- cel. 6. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 7. Site drainage plans and calculations shall be submitted for review aad appropriate action by ACHD. The proposed drainage system shall re- tain all storm water on-site. 8. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 9. Aright-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 10. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: Pat Dobie. P.E. DATE O ~ C SION APPROVAL: \~'`~ WHIT ETL/ DST EC'bI 3 -9-07 CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET 1. _ 2. 3. 4. 5. _ 6. 7. 8. '! 9. 10. _ 11. 12. 13. Rezone # Conditional Use # Preliminary/Final/Short Plat /-yl~i r~ Tait Sv6~ r/isi otj We have no objections to this proposal. We recomrend denial of this proposal. Specific knowledge as to the exact type of use must be provided before we can crnnent on this proposal. We will require more data concerning soil conditions on this proposal before we can cam~ent. We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can cament concerning individual sewage disposal. We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. We fan approve this proposal for: /Central se~,age Interim sewage Individual sewage _ Camunity se~rage systen and U Central yater Individual water _ Caimu~ity grater .ell. Pla~ for _vCen/ tral sewage Caimrnity sewage systen Sewage dry lines, and !/Central water Canminity water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. Street runoff is not to create a mosquito breeding problan. 'Ibis department would recamiend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed then a sewage systen MLb'f be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any (food establishment)(beverage establistment)(swimning pools or spas)(grocery store). Return to: Boise Eagle // Meridian _ Kura Ia2/31Iq Reviewed by Date ~~ ~~ ~Q 2 ~g W< W H Cr^ K 8 d r N ~ 33 N ~l,~ y7 9~ ~~N~itb~?yro yyr~yy+y~~ O z Z Z ~~~~~~~ ~ ~'zrg~~Z~ ~8 ~p ~ ~A h"~ ~ ~ ~ N N z ~ 3 ~ O y ~ -~ t~A ~ (~] 4 b~ R+ 3 HZ C~ '~ ~ y Cam" H ¢ d ~ yyq r'~ () 3 ~ iz~i f~A Z 3 Y q :~ e~ a+ b C• ~ ~ ~ ro ~' H i-i q v ~ £ H 3 H ... O N gqM C' ., _ H d H Nd~ N w ~ O~ d V ~ ~ m a ~. f m a m n ~ m w m ~ ~ ~ c n ~ w m s* 0 o w c ~ c c m ~. ~ ~ m O O 3 Z c? rh In ~ w O ~, ~~° C ~ F w ~° o m w ~ o ~ w n ~ i-r ~. 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'[j[ssff~ H Z. N [yO+J z ¢, O O lO I I3 I~ 5 r~ m O ~ ~ %~ z c~ gyp, Z O z 13 I3 IH w a y~y [il r N H S-+y ~ (} ~j C{ H ~ ~ro~ ~ ~ ~ ~ ~ ro ~~ ~,~o ~~ ~ ~ ~ ~ m~ ~ ~ © © ~ ~i ~ Ly ~ ~ t%~ y~' 3 H q 9 m H N r H ~, z c~ W CIJ H b O ~Z MEMORANDUM DATE: January 9, 1992 TO: MAYOR, COUNCIL, PLANNING 8 20NING RE: WHITETAIL SUBDIVISION (4 LOTS> - PRELIMINARY PLAT FROM: GARY SMITH, P.E. G~~~~ I have reviewed the preliminary plat in accordance with City requirements and have the following comments: 1. The application is requesting preliminary and final plat approval however, a final plat was not submitted for review. 2. The northerly 3 lots of this subdivision will receive water and sewer service from the main lines in N.W. 11th Rve. 3. A street light exists at the corner common to lots 1 and 2. 4. An irrigation plan needs to be submitted for the four lots. 5. The street drainage along the west side of N.W. 11th is draining to the south into the proposed curb and gutter improvement. How will this drainage transition? 6. Who (agency) will maintain the proposed storm drain seepage pit located common to lot 2 and 3? COVENANTS REVIEW: Page 2: C. 2. - Dwellino Size. States homes shall not be less than 1300 square feet in size. The application says 1100 square feet. C. 6. - Irrioation. In accordance with our City Ordinance an irrigation system is to be provided or a waiver requested for an alternative. Page S: C. 18. - Site Distance at Intersections. I would recommend the sight line elevations in the 2nd sentence be 3 and 8 feet in lieu of the 2 and 6 feet. The last sentence talks about a "sufficient" height. Does this refer to the clear zone previously defined? It is an arbitrary ward and should not be used. SU~VISION EVALUATION S~T Proposed Development Nama WHITETAIL SUB City MERIDIAN Data Reviewed 01/02/92 Preliminary Stage RRRRI[RR Final Abf7fRlIXR Engineer/Developer Teale~Survev/R 6 A Assoc Data Sant The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO ST/)AT,E~CODFy~ WNITETAIL SUBDIVISION R ~~/I , ////•/ Date ~ ~ 2 The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followin¢ existin¢ street names shall apoear on the olat as: "WEST CHERRY LANE" "N.W. 11TH AVENUE" The above street-name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE Ada County Engineer John Priaster Ada Planning Assoc. Terri Raynor DR DESIGNEES Date I ' Z ' y Z Date '~ _t .~ ~1s _~~ ' ~ - Meridian Fire Dist. Representative Date 4 NOTE: A copy of this evaluation sheet must be presented to the Ada Comty Engineer at the tine of signing the ^final plat^, otherwise the plat will not be signed Itll Sub Index Street Index Map NUMBERING OF LOTS AND BLOCKS ok ~/ G~ f' Z' NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on January 14, 1992, for the purpose of reviewing and considering the Application of R & A Associates, a general partnership, for a preliminary and final plat of the property located generally at the northwest corner of 11th Street and Cherry lane and generally described as .76 acres of a portio of the SW 1/4 SE 1/4 SW 1/4 of Section 1, T.3 N., R.1 W „ Boise Meridian, for a four lot single-family dwelling subdivision to be known as Sunshine Whitetail Subdivision. Public comment is welcome and will be taken and heard. DATED this~~ day of _ ~ '_-' AM BROSE, FITZGERALD 6 CROOKSTON Auomeye end Counsslore P.O. BOa IZT MBrltllen, ItlMo 83612 TslaPllOne BBB~16/ ro H z L] a~ HN 2 H O z ~ ~ K C~ m q k H K 8 ~~ 0 I--~ N ~ ~ IH ~ I (N ~ I~ , ~ ~ C ~ r q ~ 2_j 1-I r Z r g ~ L 8 ~ ~ Z ~ 2 3 H C7 ~ ~ H ' n r 3 yrz~;i R' L C7 T+ E'" 2 H `~ a+ ro ~ r ro d N ro ~ o y ~ r ~ 3 H H O k H C7 H H H r K d ~ I~ I I I 7 v q ~ ~ ~ ~ r ~ ~ ~ r d ~ ~ ~ H .T. H 8 ~ ~ ~ ~ ~ O ~ K H ~ n H C7 L n ~ Z H ~ J C if T~ r ro H ~ 3 .. ~ ~ Otl ~ C £ H n m k n r~~ H Li] C ro C9 H ~~~ FNy],17 F! H N '~ 1 rr H O ~~ I~IIIIiIII ,F~oi y n c, m c~ m ~ - ~ ro ~ 3 cy ~' ~' '~ ~ '° z d t" ~ ~ O z :v ~ ~1 O M ~, 0 !bc~ G O z sn ~i 'A ~ro~ H pHpyy 2yb ~~ ~~8 r ~ ~ [Q~+ s ~.. y~y Ctl K N '~ m ;3 ~ ro gp 4 C+7 3 y 4 H '~~' H y~y [s7 d r N r R'~ ~~ W w N V d AGENT REPORT SHEET SCHEDULE A AGENT ID NO. COUNTY AGENT'S ORDER NO.: 4 0 0 1 0 O1 P90583 09192896 AMOUNT OF INSURANCE DATE OF POLICY PREMIUM $49,900.00 AUGUST 11, 1988 $287.00 AS OF 1:35 P.M. 1. NAME OF INSURED: R & A ASSOCIATES, A GENERAL PARTNERSHIP 2. TITLE TO THE ESTATE OR INTEREST COVERED BY THIS POLICY AT THE DATE HEREOF IS VESTED IN THE INSURED. 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS SCHEDULE COVERED BY THIS POLICY IS FEE SIMPLE. 4. THE LAND REFERRED TO IN THIS POLICY IS LOCATED IN THE COUNTY OF ADA STATE OF IDAHO AND DESCRIBED AS FOLIAWS: A PORTION OF THE SOUTHWEST QUARTER SOUTHEAST QUARTER SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLIAWS: BEGINNING 165 FEET WEST OF THE SOUTHEAST CORNER OF THE WEST HALF SOUTHEAST QUARTER SOUTHWEST QIIARTER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IN ADA COUNTY, IDAHO; THENCE NORTH 330 FEET; THENCE WEST 115 FEET; THENCE SOUTH 330 FEET; THENCE EAST 115 FEET TO THE PLACE OF BEGINNING EXCEPT THEREFROM THAT PARCEL OF LAND DEEDED TO ADA COUNTY HIGHWAY DISTRICT FOR PUBLIC RIGHT-OF-WAY UNDER WARRANTY DEED DATED MARCH 2, 1977, RECORDED MARCH 23, 1977 AS INSTRUMENT NO. 7712194, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOIITH ONE-QIIARTER CORNER OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN; THENCE NORTH 89'33'42" WEST 828.35 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID SOUTHWEST QUARTER OF SECTION 1, WHICH IS ALSO THE CENTERLINE OF CHERRY LANE, TO A POINT; THENCE NORTH O'14'48" EAST 25.00 FEET TO A POINT, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING NORTH 0'14'48" EAST 15.00 FEET TO A POINT; THENCE NORTH 89'33'42° WEST 115.00 FEET AIANG A LINE 40.00 FEET NORTHERLY OF AND Panara.uL TO THE SAID SOUTHERLY BOUNDARY OF THE SOUTHWEST QIIARTER OF SECTION 1 TO A POINT; THENCE SOUTH 0'14'48" WEST 15.00 FEET TO A POINT; THENCE SOUTH 89'33'42° EAST 115.00 FEET AIANG A LINE 25.00 FEET NORTHERLY OF AND PARAr•?FL TO THE SAID SOUTHERLY BOUNDARY OF THE SOUTHWEST QUARTER OF SECTION 1 TO THE POINT OF + REQUEST FOA SUBDIVISIOtI APPROVAL ,'' • PRELIMINARY PLAT AND/OR F1~ PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: _ . ,. A request for preliminary plat approval must be in the City Clerks possession no later than three days .following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and docwnentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision, I~~~Fliti-Tlkl~-Sl.~~aplyiS~eN 2. General location, }0p~ (.t2 ACoQN~a Dy I I rµ S ~ n~.~ ~ G~J-rtn'~+ti7 ~+y""= 3. Owners of record, L'~ Q ~+gsv'iaTS:.a ~~~ ~9yg Address 7°I~I Z ~a:, v~aw Svc F ~,Sa~ ~oSUo , Zip 83101 Telephone 37"1 -9fpsoi~ 4. Applicant, ~4 Q rySSOUaT~.S Address, 791 t PC~S~i.~ Ivwb 831D~) 5. Engineer, Fiyyi~kJktySla~o /KLO(J'~adiess ~17°I I~~11_~N ~~F,~ ~o~sr~ ~oa~w Zip S37r~Z Telephone ~i<Z+S-cc..3~ 6. Name and address to receive City billings: Name ~-'~ Q QSSn~IA*bS Address 1q~Z r0+au`r~w Qt%fci gvi5~. Zip $304 ~ Telephone 37"1-4sY~o8 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres ~. ~~ 2. Number of lots 3. Lots per acre 5,3 4. Density per acre 5. Zoning classification(s) ~--~ 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing soning classification N 7. Does the plat border a potential green belt Igo 6. Have recreational easements been provided for ~o 9. Are there proposed recreational amenities to the City ~ n Explain 10. Are there proposed dedications of common areas? 1-~0 Explain ' For future parks? Explain (1) AC, L(VLJ1 svA s,.nbuaraa..nna rams: rae.uuuy ouu ..,,..a..y w.....,a„~,,.. ~.,..~~........ ;Page 2 • • PRELIMINARY PLAT CHECKLIST: Subdivision !,features continued 11. What school(s) service the area. I~~F-4-toig4 ~iloo~Dic7., do you propose any agreements for future school sites .Io , Explain 12. Other proposed amenities to the City ~o Water Supply ~~ruZIbIM1N Fire Department P~1F~21oibH , Other , Explain 13. Type((~~of Building (Residential, Commercial, Industrial or combination), 1`F StO F_H~14~ 14. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other Slui,~ Fi]ativvl 15. Proposed development features: a. Minimum square footage of lot(s), r~6fJD ~~~ a b. Minimum square footage of structure(s), -1615 /~D d ' c. Are garages provided for, ~F5 square footage NDD d. Are other coverings provided for 1-~0 e. Landscaping has been provided for y( S Describe ~ W 1•S ~oa ~TO~ 5E$ f. Trees will be provided for uo , 'T``rees will be maintained q. Sprinkler systems are provided for N~ h. Are there multiple units ~o Type remarks i. Are there special set back requirements ~b , Explain j. Hn/as off street parking been provided for `~k-~ , Explain ~,Ai~AL~~-s Ik H9 ~12IVEw~LyS ~o2 l~ouS~S k. Value range of property 1. Type of financing for development ~r15 i' m. Protective covenants were submitted , Date 16. Does the proposal land lock othe'r' property ~o , Does it create Enclaves No STATEMENTS OF CiDMPLZANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of lfezidian Comprehensive Plan. (2) ..~ . V ~~.1~ ~ M J t v ~ ~ b~ ~ M/~ t ~ ~~ d ; ~ ~M• `~ c ~ ,. w. • : ~~ ~- 3 v= c ... ~J 8'1S ~: ~ t: 3 o := :: . ~~i SIi3d00~ Y to ~ \ OO 1 di a v ~~ ~Q ~/ HYraru~w ~~~ 3ievN3n ~~ :, s_ r r N ~ I ~L ~ J ~. :L' ~ v • ~ Y E~ ^a oc :~ , MI 1S Mlt1 ~~ .._: ~ ~.J D ra .1..1' 1 ~~~ t ~ `~~ - ~ u 7 ;'~ W Z. 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Y s. ct. a „ y T • f +° I , 7 ' ~ T NIP E I ,~ ~• e I 6 as I t - ~G J f ~~ I • I ~ 19 ' • 6 F • BRAOY-TINGV , ) w 1 ~ •: 3 2 : ~~ I 2 I I 2 2 Z 1 ~ I - ' S I ~ I t /tC, - ~- QR y - ~-~-~- - c, _ _ . y1THITETAIL ra.~.,. F.o„ c~o~o9,~i s~.f-may Moos. SUBDIVISION 1" = 300' ' _ ~, T LEY'S LAND RVEYING City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 479 Main St ise, Idaho 83702 (2085-0636 ATTN: Jack Nieman l -~- RE: PROPOSED 1.i~h /' ~~'~/ _ SUBDIVISION Dear Jack, This letter will explain our application for the preliminary plat of . ,,/_. ~f ;o Subdivision. The applicant, R & A Associates is applying for a 4 Lot Subdivision in an R-4 Zone with a minimum Lot size of 8100 Sq. Ft. As you know since 11C° Street was extended for Deerfield Subdivision neighbors to the West have applied for Subdivisions that front on 11`" Street. This Subdivision is located at the NW corner of ilCII and Cherry Lane and has 290 feet of frontage on 11C° Street. The application calls for 3 Lots to front on 11C° Street and 1 Lot (existing house) to front on Cherry Lane. As 11t° Street was constructed the 3 Lots with frontage on 11`" were provided with sewer and water stubs. The existing home which fronts onto Cherry Lane has existing services. We ask that the City of Meridian approve the proposed Subdivision as a natural extension of services and as an infill of vacant lands within the city boundaries. Should you have any questions please don't hesitate in calling our office. Respectfully, ~~~- ~+~ I ~A-1~~1 P.L.S. $4347 d ~- GUY ~R R ASSOCIATES T LEY'S LAND RVEYING Project No.: 942 Date: December 6, 1991 479 Main St ise, Idaho 83702 (20 85-0636 DESCRIPTION OF PROPOSED y~TTETAIL SUBDIVISION A parcel of land situated in the W 1/2 E 1/2 W 1/2 SE 1/4 SW 1/4 of Section 1, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and being more particularly described as follows: COIO~tiCiNG at a brass cap marking the South 1/4 corner of said Section 1; thence along the South boundary of said Section 1 n South 89`42 08 West (formerly West) 829.04 feet to the Southeast corner of the said W 1/2 E 1/2 W 1/2 SE 1/4 SW 1/4; thence along the East boundary of the said W 1/2 E 1/2 W 1/2 SE 1/4 SW 1/4 North 00'35'00" West (formerly North) 40.00 feet to an aluminum cap on the Northerly right-of-way boundary of West Cherry Lane which point is also the TrjrTTAr. POINT; thence along the said Northerly right-of-way boundary South 89`42'08" West 114.24 feet (formerly West 115') to a point; thence along a line parallel with the said East boundary of the said W 1/2 E 1/2 W 1/2 SE 1/4 SW 1/4 North 00`35'00" West (formerly North) 290.00 feet to a point; thence along a line parallel with the said South Boundary of Section 1 North 89'42'08" East 114.24 feet (formerly East 115 feet) to a point on the said East boundary of the said W 1/2 E 1/2 W 1/2 SE 1/4 SW 1/4; thence along the said East boundary South 00`35'00" East (formerly South) 290.00 feet to the INITIAL POINT. Said Parcel Contains 0.761 Acres. PROPERTY OWNERS WITHIN 300 FEET: Ted & Shiela Kildow 1250 West Cherr y Lane Meridian, ID. 83642 Marie Roundy Hansen 725 E. 100 So. Box 377 Spanish Fork, UT. 84660 Lynda Lee Roundy 1729 Liesure Lane Meridian, ID. 83642 Terry Leighton 1811 Liesure Lane Meridian, 83642 Elmer Adams 1841 Liesure Lane Meridian, ID. 83642 Doug Crabtree 1927 Liesure Lane Meridian, ID. 83642 Dr. Brady & Tingey 1104-1114 Cherry Lane Meridian, ID. 83642 Nila Williams 1917 Liesure Lane Meridian, ID. 83642 Darrell Taylor 428 E. State Meridian, ID. 83642 Cecil Cherry 7585 N. Ustick Road Meridian, ID. 83642 Paul Pherico 1838 Liesure Lane Meridian, ID. 83642 Gary Weeks 1812 Liesure Lane Meridian, ID. 83642 Edson & Patrica Fujii 4345 Pasadena Boise, Idaho 83705 Roman Catholic Diocese P.O. Box 706 Meridian, Idaho 83642 Bedelco, Inc. 5204 Sorrento Drive Boise, Idaho 83704 Joint Class School Dist. & 2 911 Meridian Street Meridian, ID. 83642 ~! ~ aw _ C~`~'~ J~`C9 ~. ~.~ ~ cJ C~'~y ~~ ~~ ~ ~y~e~ I.~ 'i O <~"y ~'i q~ ~ ~ ~ I ~' ~ ((ln,t,i.. 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S R a af.sf~~w l/1a(~tw z 0 ~_ Q F- ~_ E EE~ $ 6p~ d 4~ s !~ ~ '`~~ e ~~~~ ~~ l~~~ ~:~~ ~~~a s i ~~ ~e 4 i 0 4 6 e ~~ E ~ ~ ~ - .,, ~ ~~~ ., f '~ t!t1 ~ f~ ,,, F ~ ~~ ~ . g e~ ~ s ~ t~ a~ €~~ e !~ ~e ~~ 4 e p iR ~. / ~~ ~~ i ~~ ~ 6~ ~ ~~ ~~ ~ ~~~ ~ ~~ f `' ~3I~ ~ e ~' a . ~ ~~~ ~~_~ ~~~~ .~ ~~ 3~ ~~~ ~ :~ _ a8 a ~~~ ~ g ~ ~ i~ ~~ •. , ~ i ~. 9 !~ tr ~~ e i December 20, 1991 MAYOR COUNCIL MEMBERS ATTORNEY ENGINEER C ATTACHED ARE THE COVENANTS FOR YOUR REVIEW ON WHITE TAIL SUBDIVISION: THESE WILL BE ON THE COUNCIL AGENDA FOR FEBRUARY 4, 1992: Jack Niemann City Clerk ;. DECLARATION OF PROTECTIVE COVENANTS CONDITIONS AND RESTRICTIONS WHITE TAIL SUBDIVISION DATED RECORDED: INSTRUMENT NO: WHEREAS, R & A Associates, and Idaho Partnership, hereinafter referred to and "Declarant", is the owner of certain real property situated in the City of Meridian, in the County of Ada, State of Idaho, known as White Tail Subdivision. WHEREAS, White Tail Subdivision is a duly recorded plat: and, WHEREAS, the Declarant desires to declare of public record certain Protective Covenants, Conditions and Restrictions upon the ownership of said property: NOW THEREFORE, in consideration of the foregoing the Declarant does hereby declared that the following Protective Covenants, Conditions and Restrictions: 1. Shall become and are hereby made a part of all conveyances of all lots within the plat of White Tail, recorded on the day of , in Book of Plats at Pages of records of Ada County, State of Idaho, and 2. Shall by reference become a part of any such conveyance and shall apply thereto as fully and with the same effect as if set forth at large therein. A. PROPERTY SUBJECT TO THESE COVENANTS 1. Initial Development Declarant hereby declares that all of the real property described above is held and shall be held, conveyed hypothecated, encumbered, used, occupied, and improved subject to these covenants. B. LAND CLASSIFICATIONS 1. A lot shall be any plot or tract described in the above recorded plat. All said lots shall be used for residential purposes. C. BUILDING RESTRICTIONS 1. Residential Use No lot shall be improved except with a dwelling of residential structure designed to accommodate no more than a single family and structures normally accessory to such residences, excepting the right of any homebuilders and the Declarant to use any single family residence as a sales office or model home for purpose of sales within White Tail. b) that the owner of the lot must remain subject to all assessments levied by the irrigation entity: c) that the purchaser shall be responsible to pay such legal assessments: d) that the assessments are a lien on the land with the irrigation entity. 7. ences No fences, hedge or walls exceeding six (6) feet in height shall be erected or placed or permitted to remain on any lot. Fences shall be well constructed with subdivision architectural similarity and approval. In no event shall side yard fences project beyond the front walls of any dwelling or garage that does not meet the City of Meridian code. 8. Offensive Activities No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9. Business and Commercial No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any lot, excepting the right of any homebuilders and the Declarant to construct a residence on any lot, to store construction materials and equipment on said lots in the normal course of said construction. 10. Sians No signs of any kind shall be displayed to the public view on any lot of improvement, except one professional sign no more than 24inches by 24inches advertising the property for sale or rent. This does no apply to signs used by builder during the construction and sales period. 11. Parking Parking of boats, trailers, motorcycles, trucks, truck campers, and like equipment shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of a privacy fence or storage structure. 12. Animals No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that a total of two household pets may be kept provided they are not kept bred or maintained for any commercial purposes and provided they are kept on leash when outside the owners property boundary lines. 13. Trash and Rubbish No part of said property shall be used or maintained as a dumping ground for rubbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept of maintained on any part of said property except in appropriate sanitary containers for proper disposal and out of public view. All containers for the storage or disposal of such materials shall be in a clean and sanitary condition. 14. Construction Completion Construction of any dwelling shall be completed including exterior decorating within eight months from the date of the start of such construction. All lots shall, prior to the construction of improvements thereon, be kept in a neat and orderly condition and free of brush, vines, weed, debris and the grass thereon cut or mowed at sufficient intervals to prevent creating of a nuisance or fire hazard. 15. Exterior finish The exterior of all construction on any lot shall e designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping within White Tail. Exterior color must be approved by the Architectural Control Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. 16. Landscape Completion within thirty (30) days after occupancy of the dwelling unit, each lot shall have in front yard rolled (sod) lawn, one (1) deciduous or conifer tree, at least two (2) inches in diameter and ten (10) shrubs or bushes as approved by the Architectural Control Committee. All front yard landscaping must be completed within ninety (90) days from the date of occupancy of the residence constructed thereon. In the event of undue hardship due to weather conditions, this provision may be extended up to a maximum of six (6) months upon written approval by the Architectural Committee. 17. Antennas and Service Facilities Exterior antennas or satellite dishes shall not be permitted to be placed upon the roof of any structure or positioned on any lot so as to be visible from the street in front of said lot. Clothes lines and other facilities shall be screened so as not to be viewed from the street. The placement of all such items shall be approved by the Architectural Committee and include a map depicting the plan of such items. 18. Sight Distance at Intersections No fence, wall hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them a points thirty (30) feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (lo) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 19. Water Supoly and Sewage Disposal No individual domestic water supply system of individual sewage disposal system shall be permitted in any residential lot. Irrigation water supply shall be permitted on any residential lot subject to approval of the Architectural committee and all city, county, State or Federal regulations pertaining to irrigation water supplies. 20. Yard Lights Upon completion of a residential structure a yard light shall be installed in a location not more than seven (7) feet from the inside of the sidewalk, and adjacent to, the driveway of such premises. Said yard light shall be of a standard six (6) foot height, equipped with an electric eye for automatic on/off operation. The location and type of yard light shall be shown on all plans for construction of each particular structure and be subject to approval, as submitted, to the Architectural Control Committee. The yard light shall be electrically wired directly to the residences electrical breaker panel and shall comply with the National Electrical Code. If the lot owners desire other street lighting, the cost thereof shall be the responsibility of the lot owners. D. ARCHITECTURAL CONTROL COMMITTEE 1. Membership: Appointment and Removal The Architectural Control Committee, hereinafter referred to as the Committee, shall consist of as many persons,. not less that two (2), as the Declarant may from time to time appoint. Declarant may remove any member of the Committee from office at any time and may appoint new or additional members at any time. Declarant shall keep on file at its principal office a list of names and addresses of the members of the Committee. The powers and duties of such Committee shall cease one year after, or prior, at Declarant's sole discretion, after completion of construction of all dwellings to the initial owner/occupant on all of the building sites within White Tail Subdivision. 3. Action Except as otherwise provided herein, any one member of the Architectural Control Committee shall have the power to act on behalf of the Committee, without the necessity of a meeting and without the necessity of consulting the remaining members of the Committee. The Committee may render its decisions only by written instrument. a) no buildings or structure, including fences, swimming pools, animal runs and storage units shall be commenced, erected, placed or altered on any lot until the construction plans and specifications as quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation have been submitted to and approved in writing by the Architectural Control Committee. b) no building or structure, including fences and storage united shall be commenced, erected, placed or altered on any lot, materially altered or materially repaired which shall alter the surface colors or texture of any unit or portions thereof unless an until plans, specifications and color scheme have been submitted to and approved in writing by the Architectural Control Committee. c) the requirement as to design and color shall apply only to the exterior appearance of such improvements, it not being the intent of these restrictions to control interior repair or alteration, with the exceptions of alteration of a garage or carport into living area. d) as to all improvements, construction and alterations upon any lots or the Common Area, the Committee shall have to right to refuse to approve any design, plan or color for such improvements, construction or alteration, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing on such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed building or of the structure, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the buildings or of the structure or alteration therein a planned when viewed from adjacent or neighboring property, and any and all other facts which, in the Committee's opinion, shall affect the desirability of such proposed structure, improvement or alteration. Actual construction shall comply substantially with the plans and specifications approved. 4. Liabilitv Neither the Architectural Control Committee nor any member thereof shall be liable to any owner, occupant, builder or developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that member has, in accordance with the actual knowledge possessed by him, acted in good faith. 5. Nonwaiver Consent by the Architectural Control Committee to any matter proposed to it and within its jurisdiction under these covenants shall not be deemed to constitute a precedent or waiver impairing its rights to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. E. GENERAL PROVISIONS 1. Terms These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date these covenants are recorded, unless at any time prior to the anniversary date or subsequent dates a then majority of 51$ the owners by written amendment amend or cancel these covenants after which time said covenants and/or amendments there to shall be automatically extended for successive periods of ten (10) years. 2. Enforcement Any owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 3. Severability Invalidation of any one of these covenants by judgement or court order shall in no way affect any of the other provisions which shall remain in full force and effect. '~. 4. Effect of Breach The breach of any of these covenants, conditions, or restrictions shall not defeat or render invalid the lien of any mortgage: or deed of trust made in good faith for value as to any lot or lots or portions of lots in such premises, but these covenants, conditions, reservations, and restrictions shall be binding upon and effective against any such mortgages or trustee or owner thereof, whose title thereto or whose title is or was acquired by foreclosure, trustee's sale, or otherwise. 5. Amendment A. By Grantor. Until the close of escrow for the s81e of the first Building Lot, the provisions of these conditions may be amended, replaced, or terminated by Grantor by recordation of a written instrument setting forth such amendment, replacement or termination. For the purposes of these conditions, the close of escrow shall be deemed to be the date on which a deed granting a Building Lot is recorded in the office of the Ada County Recorder. B. By Owner. Except where a greater percentage is required by express provision, the provisions of the supplement, other than this article, may be amended by an instrument in writing signed and acknowledged by the Architectural Control Committee certifying that such amendment shall be effective upon its recordation with Ada County Recorder. C. Voting Rights. For the purpose of voting rights each lot owner shall have one vote per lot, except the Developer shall have two votes per lot until the final lots have been transferred from the developer to the purchaser. R & A Associates, General Partnership 1406 E. 1st Street Suite 207 Meridian, Idaho 83642-1746 BY: Guy L. Walker Reid W. Olsen Brent Barrus Attest: R & A Associates, General Partnership 1406 E. 1st Street Suite 207 Meridian, Idaho 83642-1746 ~ ,. Brent Barrus STATE OF IDAHO County of Ada ss. On this 19 day of December 19 91 before me, a Notary Public in and for said State, personally appeared as partners Guy L.Walker, Reid W.Olsen, & Brent Barrus known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me tat they execi,ted the same a partners. ~~wsaa„~!,rgy,,~ ~ G S1 ,eR'~ u~~~ ~ ~;r~ 4`~g.'~~, ~ es' ing at Meridian ,Idaho :z, ~ ° 1' ~ ~, ~- . v ~t,`°J q~ `~' My commission expires ~~o~ 1Nf`4i~llLl l11\•\ Reid Olsen .. 2. Dwelling size The ground floor area of the main structure, exclusive of one-story open porches and garages, shall no be less than 1300 sq. ft. for a one-story dwelling nor shall the main level be less that 800 sq. ft. for more than one story. Each single family dwelling shall be provided with a private garage of adequate size to shelter not less than two standard size automobiles. 3. Setback Restrictions All dwellings constructed upon said property, shall conform to the setback restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Architectural Control Committee grant a variance to less than the setback as designed in the Meridian City Ordinance unless a variance is granted by the city through approved procedure. No building shall be located on any lot nearer than twenty (20) feet to the front lot line: nearer than fifteen (15) feet to the rear lot line, on corner lots the side yard shall be minimum of twenty (20) feet on the abutting the street. Side yards shall meet Meridian City code. Exception is made in these covenants regarding Lot 1 Block 1 to accept the setbacks as is of the residence already in existence. Any alteration or improvements to residence on Lot 1 Block 1 will be subject to the setback covenants and Meridian City Ordinances. All other covenants and Meridian ordinances will apply to Lot 1 Block 1. 4. Easements Easements for the installation and maintenance of utilities and surface drainage facilities are reserved as indicated in the recorded plat. Within these easements, no structure or planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the directions of flow of surface drainage channels in the easements. 5. Temoorarv Structures No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporary or permanent. 6. 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