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Danbury Subdivision Nos. 5, 6 & 7 AZ PP '~ HUB OF TREASURE VALLEY OFFICIALS ~ A GOOCI PIaCe tO L1Vt: ~ COUNCIL MEMBERS WILLIAM G. BERG, JR., Clty Clerk CITY OF MERIDIAN RONALD R. TOLSMA OBERT D ICORRIE GARY D. SM THS P.E. City Engineer . WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chlef " MERIDIAN, IDAHO 83642 Planner & Zoning Administrator GORDON, Police Chiet W.L. "BILL JIM JOHNSON WAVNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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 ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4. 1994 TRANSMITTAL DATE: 9/19/94 HEARING DATE: 10/11/94 REQUEST: Annexation/zoning with a Preliminary Plat for Danbury Fair 5 6 and 7 BY: B.W. Inc. LOCATION OF PROPERTY OR PROJECT: South of Fairview Avenue and West of locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~y~~ ., PIONEER TITLE COM1~Y OF ADA COUNTY 821 West State Street /Boise, Idaho 83702 (208)336-6700 888 North Cole Road /Boise, Idaho 83704 (208)377-2700 P101~lF~T1TLE CO. AOA COUNTY, I D. FOR J. DAVID NA`rARRO RECORDER 9 '93 flPR 1 P~ 3 P-119662 JB SPACE ABOVE FOR RECORDING DATA WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED MARTIN H. FABRICIUS and PATRICIA J. FABRICIUS, husband & wife, GRANTORIs), does(do) hereby GRANT, BARGAIN, SELL and CONVEY umo B.W., INC., an Idaho corporation, GRANTEE(S), whose current address is: 1523 E. Boise Avenue , Boise , Idaho 83706 the following described real property in Ada County. State of Idaho. more particularly described as follows, to wit: Lot 1 of Eastside Addition to the Village of Meridian, Idaho, according to the plat thereof, filed in Book 4 of Plats at page 158, recrods of Ada County, Idaho. TO NAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), the Granror(s) is/are the owner(s) in fee simple o(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) ofrecord, and general taxes and assessments. (includes irrigation and utility assessments, (il' any) for the current year, which are not yet due and payable, and that Gramor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: March 31, 11993 i -~~1~Gzedd d T ~1ar i -Fa6r c us atr c a a ric us STATEf OF '2dalio• - ,County of Ada , ss. On this• `' "~~. 31st •• day of March , in the year of 1992 ,before me .••'7ariet L.~"••Blosch , a notary public. personally appeared ~' H Fa i i sand Patricia J. r c known or identified to me tQ be the person (s) whose name (s) are subscrihed to the within ins(rtim2nt,~and acknQwlCd~ed to me that ~ he ~!, executed the same. ' r'. 1'r ,,, Notary Pub' Residing at: ' My Commission Ex res: 3/17/93 :1323683 PIONEEA~ C0' aDA ~Ol?'1 i'Y, I D. FOR ,1. DAVID NA'•/ARRO ~ RECORDER BY tJ ~ 821 West State Street /Boise, Idaho 83702 (208) 336-6700 '93 APR 1 P(~ 3 2~ 888 North Cole Road /Boise, Idaho 83704 (208)377-2700 SPACE ABOVE FOR RECORDING DA rn WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED MARTIN H. FABRICIUS and PATRICIA J. FABRICIUS, husband and wife, GRANTOR(S), does(do) hereby GRANT. BARGAIN. SELL and CONVEY unto B.W., INC., an Idaho corporation, GRANTEE(S), whose current address is: 1523 E. Boise Avenue, Boise, Idaho 83706 County. Slate of Idaho. the following described real property in Ada more particularly described as follows, to wit: Lot 8 of Eastside Addition to the Villlage of Meridian, according to the plat thereof, filed in Book 4 of Plats at page 158, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(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) ofrecord, and general taxes and assessments, (includes irtigation and utility assessments, (if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same From all lawful claims whatsoever. Dated: March 31, 1993 ~l~li1.,1'i ~Tr1~~~1. ,. Martin Fab icius Patricia JT Fabricius Idaho ,County of Ada , ss. STATE OF On this . 3~lst day of March , in the year of 1993 ,before me a notrry public, Jane ~'L Iosch . persorially.•apPeai~d ':Mar in H Fabricius and Patricia J. Fa ricius subscribe to 'thin kriQwn of identified tame 'to be the person (s) whose name (s) in4truStjent; and ackhowlgdged to me that ~ he JL__ executed the same. • "' ~ •. ~t Notary P Residing at: " ' ~ MyCommissio xpires: 3/17/93 n _ ~ • ._ • EXHIBIT "A" ALL THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF A CERTAIN DRAIN DITCH KNOWN AS FIVE MILE CREEK, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO; RUNNING THENCE IN A EASTERLY DIRECTION PARALLEL WITH THE HALF SECTION UNE 40 RODS, MORE OR LESS, TO A POINT REPRESENTING THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE RUNNING IN A NORTHERLY DIRECTION 58 RODS PARALLEL WITH THE EAST LINE OF SAID SECTION; THENCE RUNNING IN A WESTERLY DIRECTION PARALLE WITH THE HALF SECTION LINE 40 RODS, MORE OR LESS, TO THE WEST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 7; THENCE RUNNING IN A SOUTHERLY DIRECTION ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 58 RODS TO THE PLACE OF BEGINNING. END OF LEGAL DESCRIPTION ACKNOWLEDGMENT -Corporate STATE OF .Idaho ,County of ADA ss. ..~~,,,c On thi~7'day of MAY a yid E. Sells , in the year of 1994 _ ,before me pens nall~~pp~~ed` Jerr L. Bermensolo and James M. Tamerelli ~ a notary public, k~wn oY identified to~np to be the. President and Secretar -Treasurer of the corporaizio that executed the instrument or the person s who execute he i m ' sa3`ci cor~~ra~i~ri~~r~cl~aac~3cnowledged to me that such r oration xecu on behalfof ~.. Z•~.: ~~ F~ ~ ~ ~,~ Notary Public: Residing at: Meridian, Idaho My Commission Expires: 10-28-99 ... ~, . , ,. ~ M _~• ~C w A Pioneer Company PIONEER o TAOn courrcy PANY 888 North Cole Road / Boise, Idaho 83704 ;j '1 it ~ l c. .. PIOPIETA 117LE ,~ I? • BOISc ~ ' Telephorde'(2US~C3 ~ 70b I~~ FEE __..~ /.._ - , WARRANTY DEED (IIdDNIDUAL) ~G ST l)F FOR VALUE RECEIVED GORDON L. BAKER, AN UNNARRIED MAN AND OAKMONT, INC., AN IDAHO CORPORATION Grantors , do hereby grant, bargain, sell and convey unto B.W. , INC. , AN IDAHO CORPORATION the Grantee ,whose current address is: 2 50 S . BEp,CH4100D , Coanty State of Idaho Omore parciculary described as the following described real property in ADA follows, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREO ar~-oNO~tovmev D~ ~ TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,and Grantee heirs and assigns forever. And th atd dremiansesr thatsaid premises az free[ tfrotn alien mbrances [EXCEPT rho t~o which ~i~e owner sin fee simple of P conveyance is expressly trade subject and those made, suffered or done by o e~ dtand geanrdal taxe~standr~sessme ts, restrictions, dedications, easements, rights of way and agreements, (rf which are not yet due and payable, and that Grantor (includes irrigation and utility assessments, (if any) for the current Year, will warrant and defend the same from all lawful claims whatsoever. 1994 ~~ e . SS. STATE OF IDntto~ ~+"' _, County of nn - . MAv . in the yeaz of 1994 .before me , a notary public, per- On this, ~~b~o~ ~ ~ ~., sonal]~apRFffie~ subscribed to the ithin instrument, and `knrntt~ or identified to me to 6e We Person whose name - {,=------- .<y~ICnc;wledged to me that ~1?e--executed the same. blic: t y % ( ~ ~ ~~ . , Residing at: „ , ~• ~ My Commission Expires: - - BIT "A" :L OF LAND BEING A PORTION OF LOT 7 OF THE EASTSIDE ADDITION TO MERIDIAN AS ON THE PLAT THEREOF AS RECORDED IN BOOK 4 OF PLATS AT PAGE 158 OF ADA COUNTY ~S, LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, iIP 3 NORTH, RANGE 1 EAST, B.M., ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS MMENCING AT THE EAST QUARTER CORNER OF SECTION 7 OF SAID TOWNSHIP 3 NORTH, RANGE ST, MARKED BY A BRASS CAP MONUMENT, FROM WHICH THE CENTER QUARTER CORNER OF SAID CTION 7 BEARS SOUTH 89 07'04" WEST A DISTANCE OF 2,647.51 FEET; THENCE UTH 89 07'04" WEST ON THE EAST WEST CENTERLINE OF SAID SECTION 7, ALSO BEING THE CENTERLINE OF EAST PINE AVENUE FOR A DISTANCE OF 674.38 FEET TO THE CENTERLINE INTERSECTION OF SAID EAST PINE AVENUE AND ADKINS STREET (FORMERLY CALLED FLORENCE STREET); THENCE RTH 0 02'01" EAST ON SAID ADKINS STREET CENTERLINE FOR A DISTANCE OF 677.69 FEET; ENCE UTH 89 21'51" WEST FOR A DISTANCE OF 20.00 FEET, TO THE SOUTHEAST CORNER OF LOT 7 OF SAID EASTSIDE ADDITION, ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF SAID ADKINS STREET; THENCE CONTINUING UTH 89 21'51" WEST ON THE LOT LINE COMMON TO LOTS 5 AND 7 OF SAID EASTSIDE ADDITION FOR A DISTANCE OF 180.00 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING UTH 89 21'51" WEST ON SAID COMMON LOT LINE FOR A DISTANCE OF 448.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE ORTH 0 04'01" EAST ON THE WEST LOT LINE OF SAID LOT 7 FOR A DISTANCE OF 327.74 FEET (FORMERLY DESCRIBED AS 324.95 FEET) TO THE NORTHWEST CORNER OF SAID LOT 7; THENCE ORTH 89 29'09" EAST ON THE LOT LINE COMMON TO LOTS 7 AND 8 OF SAID EASTSIDE ADDITION FOR A DISTANCE OF 628.74 FEET (FORMERLY DESCRIBED AS 629.5 FEET) TO THE NORTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 0 02'01" WEST ON THE EAST LOT LINE OF SAID LOT 7, ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF SAID ADKINS STREET FOR A DISTANCE OF 201.40 FEET; THENCE OUTH 89 21'51" WEST FOR A DISTANCE OF 180.00 FEET: THENCE OUTH 0 02'01" WEST FOR A DISTANCE OF 125.00 FEET TO THE REAL POINT OF BEGINNING. __ .-:••~ PIONEER TITLE COMPANY OF ADA COUNTY ,~ r~ 821 West State Street /Boise, Idaho 83702 (208)336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 SPACF. ADUVE FOR Rt:CURU:n~ v..... WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED ROBERT M. PLATEN, a single person GRANTOR(S). docs(tln) hereby GRANT. BARGAIN. SELL and CONVEY unto B.W. Inc. , an Idaho Corporation County. State ul' Idaho. GRANTEE(S). whose current address is: 1523 E. Boise Avenue, Boise , Idaho 8370 the following described real property in Ada more particularly described as follows. to wit: SEE EXHIBIT "A", ATTACHED HERETO AND MADE A PART OF HEREBY THIS REFERENCE AND WHICH IS COMPRISED OF ONE (1) PAGE. REVIEWED AND APPROVED BY• TO HAVE AND s. d GOra o rO does(do) herebytdovenantltot:md wi lethensaid Grantee(s) thc(Grantor(.) is/are U e ow n~ ls) in fee forever. And th simpict and II ose made, suffered o done by the Granterels): and subject to reservations. rest coon tided cote nsn casen enl ~ nights of sub)c way and agrecamewhich areynotf yet due and payable 1 and hit Grantor(.s)tw llnwartant an Iddefcnd the'same`from all tlawfttl claims the Curren y whatsoever. Dated:: M~16 , 9 2 ~' ' ROBERT M. PLATEN Ada , 55. STATE OF Tdaho -. County of in the year of 199_2 • before me ~~ ! day of March , a notary public, On Ihis Janet L. Blosch .---• pcrmntllly appeared Robert M. Platen is , suhscrihcd w the within known or identified to me to be the person (s) whose name (s)__---,; ~ ~ ~~ instrument, and acknowledged to me that _, he _ executed the same. ~ ~_ ~'s.!' ' `~ ' ``y ~i Notary Puhlic: `-• ' ~~1=• -~~-_ _ Rcsiclingat: B ise, Idaho ~ M Commission ,x,'„" _ 3__ 1~~93--_..' - Y 04i14i94 0 .r'~ ~L I•i ~'. h~ i~ i . V, r ~~ i~. '• , , "C.' ~~ ! '. ~~. ~~ ~ ' { &::,: Tq•. 1` f 1~, '• ~~~ ' C T~. M ' j'" j. ~':~ Y~, \ . r k. n , ~~~: 9~ T ' D. . ? f. .f ,,;' . ' X2,.•5 ~•~ :': . ~~. ~ '• • I ' ACKNOWLEDGNiEN ~= At~rnc in°I'~ct ~,~`:: STATE OE ._.. IA4~Fi0 ., County of .Ada - se. Af - -, ..: , . . ,:.. ' On th~a ~~ '~~~, '•' `' ay af, Feb u., r~ ' ~•> ..._.,_ , in the year of _~.2~__.. , before me ~"~ ' .. ~i 9an 1' g sc + ~ •~, ,..~...-_, , A notary public, ~' ~ ~~rsonall~+'A~ip~gr ~; ' ..,.•nenn~ M. g~,.gr • • ~~ _.. -.. 1 ~~ I, ~. ~. ~, ,. , "1Cxlowti or t~grJtified tb{ne do b.C the per an whnsc nar°~e is subscribed W the within instrument as the attc~rncy in s•5 and*~kr~~icu,9 ~` ~"' d ~ "m~ that ^he s bacribed the nAme_..;: of __'~_.~ean_S:._~uker.~..-...~ th~xetli't1A prinpp, ~ and ._hi~,;:_ ow n3rhe rYS a rney in.fi# w . .~ •~ -•,., -';y,~~5'' ~ .1\Io ary. Pu ic; . .~-~;. ~: .,,n,,,h~ . • , ~ . ~ My <:omm~.ssion~,expires: 3/I7/93 ', 1 ~ i /+ - ~ r..,,y t a ~ . ~ i • ~,. ... " •~~ ~' 03 1 f 1 ~~~_ 04/14/94 03t~ ~NEER TITLE 02 - - «,...~~,.a.,~ ~~.t.R+"P:' is . ~ ~,rc.'••• i.VM'W)~~', ?'A.tt1'i e,` • ~ ' , 1,9 ,,~.,~.. . , • .. ~`~~.;;°~ I~ION,L'ER T171:E•~.',0 PANS .. `?• '~ ~ 1 . . QF ADA (',QtJNTY• ;• . ~• • ~. ;';~ ~ , BZl• Wrst State Str et ~ liaise, lduho K?, U2 • • . (2010 336-69W • . •. ' 8SR North Cule Rda i 7 700. Jdaltta R3 (~ . ~ii(iNV'+!t~?6/Rfik{y :.ria9..; :.•,we~ .., s9: v.-~ '' ,tt' ,( is fis ;h;;~ ~•ti`a; ~?'''~ ~ p ~'f 1i-~ CO; < ,''' • f~~ :~~ . , ':~ ~- , . Sp~g AHOVL FOR RFJL'UkUING DAl A ., • •.. • W RR'~LNTY D~E~~:. ~ • ' R VAI.UI"sRi=CL•CVGD`. UENNIS• M• RA f:R •and_ JEAN ,S• .B~~R',hvesba"d and a '-` ` ' ' GRA~'f, (i~1Rt.i !~. St:I,L •rnd CONvI:Y unto ;`• .. `~~RI~N'rUR(s), docs(do) h~rcby, ; . ~':: ,. 9':.'~. ;:•.• g },i", 1NC.~ en Idaho core ration. ''" ' • ~~' ~ ~ 1523 F.•. Noise Avenue ~ Boise ~ Idaho 8370b . • ~,, ...• ~ .. County. Staic v(ldaho. ;`~1tAN't'CiE(5), whose cu'rrcnt aadre~x is' .Ada ' . ,`;ttfc follawinF described rr~t pmpcny in . ?p°toro panirularly de~c~ihcd as fallaws, to wit: ` ' • . :.• 'r•, ,;;•'.~ $ee the.Acitachad Exhibit ' A" for legal' desctlptiotr~. wlt3eh by •`:;~ .•• this •ref'st:encC ib. inrorpo ated herein. ': • •• '7:; °ti~,•. ' ,. ~; ~',• ^''TU }iAVR qND TU NULU die xaid promi.es. .x. 'c`furcACr. Antl the said 0rt+ntur(s) docs(dn) hCrc '"'tiittiplc of paid prcrniscr•; that said prctnitics are fr ;.aubjert ana tho~r made, st~ffcrea iir dune by the "::voy.and aFrccmcntfi, lif hnyt c,f record, and gc . `dw current )'ear•'which tire.nw yrt due and pa ~r.wlt:ttsocvcr.. • . ~ !: •'••Dattd: •' Januai,,y.:4.~;~1992 , '~ 'Baker , ' Uenttib M. i , • . .•~ sTAT.r.~.C.:..-: ,: •' ,. ~..:. ~5n `t:E1is': • ., tlt their appunenancea unto the. ~d Grati'hc Gia ior~s) 9~arc the ~ Wn n lint fx..'. co~•enant to anti with the said.Gr tbo.~ to which thjs condtyance i~ expressly nttidi:y A•cun a!! ettcuntbranres, GXCL•I'l' ;~nicr(er and subject to restirvations. m`tationn~•d u ilitytasccsstncntsn(if any) fot al taxcx unit asscxxt-tents. (i " odes itri~ ,.• !,Ir, and 1hn1 Granwr(s) -t'iU nl and •d~f~n the sane from xi1 lawful clastns~• • J. ~ ~' ' _• Ra*"- D s >1. Baker, ~...__ -- "- Jan S.S Bakex .bYr• • er Attot:ntty..iri~•F ct: ~ ._. 2. . ~ in titc•,4cnrf 1492 ;__,,,., before riiex • ~ no~y.publiL~ FobruttT~4.,-~.,~-.--- ,~! ~h. ~-'.`-~ - t xub•rribcd to the wlthii• tn- is r.- ~ .~~• ,.'~ a r~.~. hc,;Qtarardgn s) whustt'nutttc ( ! ,• exccutca the same;' ~ / to'tgc ilial'_ .._ ~~ 04i14i~4 03: Pj~~EER TITLE ..:w,ka:.:.fi~`i^""'v'~l1~A9~A~ 1,~hs1?~p .~ 'F~~!q!~CC!`13fa;»w~~;,..j~~" . ""~. ~.. ~ .. ~:1. '.j.J9 .YT.YWi. M'f'};a'^ ,.' .;%n.ti' 9. ~. i i ~, ,r 'tt.At P lUG0~.6~ A'L 110693 AYSO A` '1'l2AC'T ~ OF I'~n 'LYING .xN ~'HE Nt~RTHEA$T QUARTER OF,. THE NOR'!'HE ST 'QUA'Itirl'EH ' C»' SEC'PYpN 7.- TOWN$HII~ .3 'NORTH ,, RANGE 1. EAST,' pISE wMk~RIO A,~,; ADA COUNTX,. xDAHO. DESCRZDf:n AS t3EG.INNNG. AT THEE, . E,GT,~pN CpRN~R CpMMpN -.T.O' SECTIONS 5 ANA 6, 7.' AIVl7 '; .` TOWNSHIP:..: 3 lybRTH RA1~~E. '1': EAST.; BOZSL MERIDIAN, : A17A COUNTY ~ ZDAt#O:' .TH NGE . SOCITH' '39'.WEST;„.hISTANCE OF 1325.0 FEET'TO A PAINT YN THE ` GOUNTY ROAD~~ ..~'EiENCE NORTH X9'39'. WEST A DISTANCE. OF 659.6 FEET TO A POxNT;.THE,' R~AL.POINT::'p EECXNNXNG;;THENCE; NORTH .b ° 3 4 ' 'WEST ~.. DI'.S'1'ANGE .OF 'I~5:; 0 FEES' TO;::A POINT ; THENCE- } NORTH ~.9:~ 29' WEST A C`xSTAI!YCE OF 94.0. FEET; THENCE t NORTH '~32' 39' WEST A t~7STANCE OF ~f 6: 0 FEET Tb' A POINT OF AA•D EDLIS~'XNG E'EN E :,;INE; ;THENCE-. SOEJTH b..° O1' WF;ST. LO21G S'AID:'EXIS~ING .PENCE . , NE 303 FEET MbRF, OR LESS TO A POINT C~N,.:",~yHE SOUTH I:xNE OF THE NnR'z'HEAST' QU RTER pF%'r'HF:~NQRTHEAST` QUARTER OF. SECTION., 7~, TQwN,SHiF NORTH'GE''.RANG~ 1 EAST.; THY:NCE NORT!-E ~.9' 39'.• EAST ALONG S:.I(7: SOtiTH TINE OF THE NORTHEAST QEJARTE:R OF' 'r ~ N`~RTHEAST;~QUARTE:t ~. DISTA.NCE pF •90 FEET- TQ• THE REAL ~iN'P OF ~EGINNTNG. ' '' I' 1 1 ai ;,,,~~ ,~ ~t ;~, ~:a -~ A; ~r;~ 04i14i94 03: EER TITLE k74 ti~ ru"' ~ ~ Exx~aYx -'A'~ ,~, ~N~.. N~. ,, ' '~' ~~,~ OF ' .NORTHEAST.... THAT . PO TON"s OF':-Tl~ NORT~EAS~:-:' ,. ~1Cj~ ~, EAST, .;~O~SE.;- QUARTER; A~' 8~~'QUN ; ~~~,Hd,xDE$GR~B D~ A3~Fd~SAWA' pZSTANCE 4 yt 'F`lEST M~RIDZ ;~ADn gEGINNI G AT ;,A . EOI . WH~LFi'}3S SdU'1.'Ii ~:9' OF 1255:2-FEET F'~?0 , xHE:;3ECtT,xON~~.Z,~EA~~T~,~~OxSESMERIDIAN5~ 6 , ? AN . 8 ,. TOWN SH P 3', NOR ~.N.CE ,. tY ~` ', ~; THE RE , pOSNT OEr GIN1~~N. ;~•.~• , '' O~``'1:HE . DRAIN ,;,Dx7'Gr1:;: SOUTH ..3Aa WEST'2 ~ 0.'F'$~T';~ O-L•',~1E~,C~N'YER ~ . T ENCE ;ALONG;., HE' CENT ~`:LI~i~ ~~'~"SA~D~f.,~DRAI~WINGHCOURSES C LATER LINE :.~ I,I,OWS,; A1~T'ROXIMATELX A D ,DISTANCES ) ~ ~ ~~ SOUTH 0.'47' EAST;'. 61.1Q.1"~~T: ~THkNCE s THENCE SOUTH 5'.52' EAST" 83.0 FEET: SOUTH 9' 05' EAS1' 2 3.0 F£E'~:; THENCE SOUTH 1'52' EAST 1.O F'EETf THENCE t~-ORTH X23' 24 ' :EAST 53:0 FEET; ~ THENCE . 0 TH 4'00': EAST. 6 FEET,;;.MORE OR,LESS.ISTINGIFENC£~I,7NEN N R O THE NORTHE LX EXTENSION OF'AN E T ,ENCE . . , • + WEST 4 .FEET, MORE. OR LESS TO .THE : NORTHEASTERLY' SOUTH QQ 01 CQFtNER OF THA ;F195E3R N.DERSFEEBNO.T4290A95~NR£CORD$ OF R~CORDED MAY p A COTJN~'Y. I AHO:.. +~IENCE,. SoUT}I 64'57' WEST ,'~6. 3'°FEE~ TfJ A POINT;. ;:TKEI'1CE SOUTH 8 "4 7' .EAST 150, . 0. FF.E'T. TQ~, a-<:.FOINT • THENCE SOUT}i 0'.43' • BAST l la . 7 FE£T T4;"A;;PO~NT: '' T~CE SOUTH. 1'59' EAST 73.?. FEET,. T~A~~ ~' ~~ YS pN A)i 50UTH j~ 8' 4 9 ' .EAST. 1:3I ; 0 FEAT •. •. ~ , E T~'rING '7'E CE LINE.,;. ~; G~'gENCEL~NE. 30~ FEEf SOUTH p'Oa' WEST. IANG'SA~D EX, •:~+'OUTH LINE OF THE ` MOORS . tOR: LESS TQ A ' FOYNT •.;Ot~r' S ,~, QUARTEk. SEC?I O 7 , N~ RT}iEAST QU RTER OF' ;'x'HZ~:;.NO ,~; E. ~IERIpIAh, THCE P ~.:~ 80IS TOWNSHIF 3: N R?}i, RANGEr.., ,f gOUTR ~89~'45': 1iEST. 406.65 k'E ;,+;~~,Mf1..., =~OR LESS' TO A FUJ[NT 1+4}iICH CORNER OF cAIU I S 150 FEET' AST .OF. T}~E ~ Si~~~T 0}~HI:AST , RU RTER OF . T}!E '.IiOR'1~HEAS'T.' ..QUARTSIR-][ T~ ~}+ONCRTHT !JORT} EgTERLY TO pOINY' ON . ER~1~iNICH ~S 94 FEET' UART£1~ OF. T E:.NORTHF.~-ST' ~UAF,9•o SAID NOR"TH~:AST QUARTER ORTN OF THE ' SQUTHt~TES .: CGRNER F ~'. THE :•?~ORTH $T 'QVAR~:;~"TN~NCE . . THE SECTION LIDS' AT THE p7GRTH ; 0.34 ' FAST: , 23 a . 7 FEET •;~ ENTER O~F T}i , STATE HIGD~l1Y.' 'THENCE ;aaR'I'}i 189' 41.'. EAST FiLONG THE' ~SCTI02i I.IA1E 5~ . 2. FED:? TO THE . POINT OF SEG .N3DING. :. ~~. ~, : ~ t,},r~ }~~En ~~ • • REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexadon/Subdivision Danbury Fair Subdivision No. 5, 6 and 7.., 2. General Location, Section 7 , T . 3N . , R .1 E . , BM 3. Owners of record, B ' W • ~ Inc Address, __ 250 S: Beechwood. BoitP_ ID 83709 ,Telephone 375-6666 4. Applicant, Same Address, 5. Engineer, Gene Smith Firm Hubble Engineering, Inc. Address, 9550 Bethel Ct. Telephone 322-8992 Boise, ID 83709 6. Name and address to receive City billings: B.W., Inc. • Name: Address: eec woo of se, Telephone - PRELIMINARY PLAT HECKLIST: Subdivision Features 1. Acres: 32.01 2. Number of Lots: 118 Building lots; 4 common area lots 3. Lots per Acre: 3.69 4. Density per Acre• 3.69 5. Zoning Classification(s): Proposed R-8. ,1 • 6. If the proposed subdivision is outside the Me s~ification L mjA~' but within the jurisdictional mile, what is the existing zoning clas ~. Does the plat border a potential green belt Yes g, Have recreational easements been provided for Yes 9, Are there proposed recreational amenities to the City No Explain Yes 10. Are there proposed dedications of common areas Explain One ocket ark--tot lot and erimeter landsca in at Locust Grove For future parks ~P1~? Meridian 11. What school(s) service the area No Do you propose any agreements for future school sites Explain X Water Supply 12. Other proposed am~nities to the City Fire Department_~ Other Explain 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single family 15. Proposed development features: 6500 square feet a, Minimum square footage of lot(s) 1100 square feet b. Minimum square footage of structure(s) c. Are garages provided for square footage 400 sa feet _ No d. Are other coverings provided for e, Landscaping has been provided for Covenants require 1 andscape Descnbe f, Trees will be provided for yes Trees will be maintained no g. Sprinkler systems are provided for h, Are there multiple units n0 TYPe • • Remarks i. Are there special setback requirements no Explain j. Has off street parking been provided for no Explain k. Value range of property $85.000 - $ i n~ _ nnn 1. Type of financing for development standard m. Protective covenants were submitted- yes Date 1992 16. Does the proposal land lock other property no Does it create enclaves no STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. is ~ formisubapp.mer ~ ~ p ti~~ ~ ~,' ~ r''~ '-. • (~p • • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR•REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Danbury Fair Subdivision No. 5 and 6 (PROPOSED NAME OF SUBDIVISION) Section 7, T.3N., R.lE. ', (GENERAL LOCATION) See attached descriptions 1 (LEGAL DESCRIPTION - ATTACH IF LENGTHY) B.W., Inc. 375 6666 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 250 S. Beechwood St. Boise, ID 83709 (ADDRESS) SAME (APPLICANT) (NAME) (TELEPHONE N0.) (ADDRESS) Hubble Engineering, Inc. ~ 322-8992 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 9550 Bethel Court Boise, ID 83709 (ADDRESS) City of Meridian (JURISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. • (ACCEPTED BY:) (FEg) /. • • ' RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329 September 16, 1994 DANBURY .FAIR NO. 5, 6 and 7 SUBDIVISION ANNEXATION LEGALS A parcel of land lying in the SW1/4 of the NE1/4 of section 7, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the center 1/4 corner of section 7, T.3N., R.1 E., B.M. thence North 89°07'04" East along the East-West center of section line which line is also the centerline of East Pine Street, for a distance of 661.88 feet to the Southeast corner of the West 1/2 of the SW1/4 of the NE1/4 of said section 7, said point being the REAL POINT OF BEGINNING; thence North 0°06'00" East along the Easterly line of said West 1/2 of the SW1/4 of the NE1/4 for a distance of 956.99 feet; thence South 89°07'04" West for a distance of 441.95 feet to a point on the centerline of Five Mile Creek, said point being a point on a curve on said centerline; thence 20.76 feet along the arc of a curve.to the right, said curve having a radius of 220.00 feet, a central angle of 5°24'28" and a chord distance of 20.76 feet which bears South 34°38'33" West to a point of tangent; thence South 36° 12'09" West along said centerline for a distance of 162.14 feet; thence South 0°45'19" East along said centerline for a distance of 367.20 feet; thence South 38°17'00" East along a portion of said Five Mile Creek centerline for a distance of 558.17 feet to a point on the East-West center of section line; thence North 89°07'04" East along. said center of section line for a distance of 197.16 feet to the REAL POINT OF BEGINNING, containing 10.04 acres more or less. ALSO INCLUDING A parcel of land lying in the NW1/4 of the NE1/4 of the NE1/4 of Section 7, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: . Page 1 of 3 • Commencing at the section corner common to Sections 5, 6, 7 and 8 of T.3N., R.1E., B.M.; thence North 89°54'45" West along the section line common to said Sections 6 and 7 for a distance of 1320.48 feet to the East 1/16th corner common to said Sections 6 and 7 being marked by an aluminum cap monument; thence South 0°04'01" West (formerly described as South) along the Westerly boundary of the NE1/4 of the NE1/4 of said Section 7, for a distance of 165.36 feet to the REAL POINT OF BEGINNING; thence South 89°55'59" East for a distance of 166.68 feet; thence South 35°11'00" East for a distance of 144.87 feet; thence South 90°00'00" East for a distance of 47.17 feet to a point on the Westerly boundary line of Danbury Fair Subdivision No. 1, as same is shown on the plat thereof recorded in Book 60 at pages 5874 and 5875 of Ada County Records; thence South 0°50'54: East along said Westerly boundary line for a distance of 257.78 feet to a point of curve; thence 72.24 feet along the arc of a curve to the right, said curve having a radius of 81.42 feet, a central angle of 50°50'13" and a chord distance of 69.90 feet which bears South 24°34'13" West to a point of tangent on said Westerly boundary line; thence South 49°59'19" West along said Westerly Boundary Line for a distance of 58.42 feet to a point on the Northerly boundary- line of said Danbury Fair Subdivision No. 1; thence along said Northerly boundary line for the next (3) courses; North. 89°55'59" West for a distance of 55.41 feet, thence South 59°31'59" West for a distance of 50.00 feet; thence North 89°55'59" West for a distance of 129.41 feet; thence leaving said Northerly boundary line North 0°04'01" East along the West line of the NE1/4 of the NE1/4 of said section 7 for a distance of 502.62 feet to the REAL POINT OF BEGINNING, containing 3.07 acres more or less. Page 2 of 3 u ALSO INCLUDING • A parcel of land being lots 1, 2, 8 and a portion of lot 7 of the EASTSIDE ADDITION to Meridian as same is shown on the plat thereof recorded in Book 4 of plats at page 158 of Ada County Records, said parcel located in the SE1/4 of the NE 1/4 of section 7, T.3N., R.1 E., B.M., Ada County, Idaho more particularly described as follows: commencing at the Northwest corner of the SE1/4 of the NE1/4 of section 7, T.3N., R.1 E., B.M. said point being the Northwest corner of said Eastside Addition to Meridian and the REAL POINT OF BEGINNING; thence North 89°36'07" East along the North boundary line of said SE1/4 of the NE1/4 and said Eastside Addition for a distance of 1297.07 feet to a point on the Westerly right-of--way of North Locust Grove Road and also being the Northeast corner of Lot 1 of said Eastside Addition; thence South 0°00'00" West along said right-of--way line for a distance of 650.08 feet to the Southeast corner of Lot 2 of said Eastside Addition; thence South 89°21'51"West along the south lot line of said Lot 2 for a distance of 668.94 feet to the Southeast corner of Lot 7 of said Eastside Addition said point being on the Westerly right-of--way line of Adkins Street; thence N.0°02'01"East along said Westerly right-of--way line and the East lot line of said Lot 7 for a distance of 125.00 feet; thence South 89°21'51"West for a distance of 180.00 feet; thence South 0°02'01"West for a distance of 125.00 feet to a point on the South lot line of said Lot 7; thence South 89°21'51" West along said South lot line for a distance of 448.94 feet to the Southwest corner of said Lot 7; thence North 0°04'01" East along the Westerly boundary line of said Eastside Addition for a distance of 655.47 feet to the REAL POINT OF BEGINNING containing 18.93 acres more or less. Note: The above (3) descriptions are written from actual field survey by Hubble Engineering, Inc. JRW/vw/652.des Project No. 94149 431 of record and not from an Page 3 of 3 4 ~~F QF 1Q ~' L,ri+~~i~ '~~ 8 m _~~ ., ... v ~ ~~' co m m a o ~; ~_ ~i #1 dpi l '` ~ 6 ~ +R F ® ~ ~~ O O A~ ~~~~~ ® r+ .v ~ u j ,~ ~ ~~ ~y rM 3® m m m m m ® ;'s ~ ~s i s ~ N „ [ ~. G ~ ~ `` ~ ~ t '- ~ 1 ~ % J I~ I ~f{` 1 ~.~`J/ ~ ~T` I 1 ' ®~ ~ _ i ram„ I - ~~_' ~ i y___ ~ ~ ~ ~ I ~`o' m m m m® ® m p m® ' ~ ~ sa _ p O !7 ~ ~~ r , s ~ ~ ~ ~ ,4 ® ® o o 'o ® , _ J .y.. ' . R O ~ " '" + p$ q ®4 p 9 B35 4 1 ' ~ l® ® + ' m m m =, ' ~ w C ~ .~ , m m N W ~ ~_ m m N D `-- --- ~_ T _ Z C ~ ~ ® m _ ~, m i i m ~ ® m N D I ® m m o O ~~ m m f~ I m m 1 m ® ~ m V I ~'~~ ~~ NAOw m Q~6 i ~ R m m ~' _q _~~"'r~_ ~avnr mo.e eo~nl__ .~,~..~~~0.WAe'e---- --- ` '----~ ?;~3Q ;.~w-~ •' ' 6 ~~ q ~~l 1, I I 0 I j I ~y ~ r~ ~,~ I I I I ~ ~ ' il~ -.. ~ ,~ ~~nn~s . ~~~~~r DEVELOPERS OF ISLAND WOODS, September y 6, 1994 Ms. Shari Stiles Planning and Zoning Administrator City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 ~ssoc~ s DANBURY FAIR, FALL CREEK AND MIDDLE CREEK RE: Danbury Fair No. 5, 6, 7 Annexation /Zoning and Preliminary Plat Dear Shari: The, :attached applications include a request for annexation and zoning of twp ..parcels of ground located adjacent to the Danbury Fair Subdivision. Ad~itieflalli~, we are requesting preliminary plat approval for three new phases of ..the Danbury Fair Subdivision, identified on the preliminary plat as:° ~ha~es 5, 6, and 7. The most northerly parcel was previously annexed ~~- tnto~~the~ ~Gty of Meridian's corporate limits with an R-8 zoning. F Phase 5 ~ca`ontains 33 building lots and one pocket park common area lot. Place 6 contains 73 building lots with three common area lots. Phase 7 contains 12 building lots lots. The three new phases contain a total of 118 buildi g lots on approximately 32 acres. The minimum lot size is 650t3 squire #~at, with many lots exceeding 6500 square feet. These propQSed phases of Danbury Fair Subdivision will be developed with pubic sir~ets ghat will be constructed in accordance with the Ada County Hfghway District standards. Portions of Adkins Lane, located within and adjacent to the subject" property, will be vacated We will seek of the vacatEnn from thg Ada County -mains anti does#ic water lines will proposed I©ts. '' • approval Highway District. New sanitary sewer be installed to provide service to the 1 2f0 S. BEACHWOOD, SUITE 120 • BOISE, ID 83109 • (208) 375-6666 • FAX: (208) 315-6667 ~ ~ The proposed pressurized irrigation system will be extended to service the lots within this preliminary plat which will be owned and maintained by the Nampa and Meridian Irrigation District. We are very proud of the previously developed phases of the Danbu Fair Subdivision; which include landscaped common areas and two ry neighborhood pocket parks. The first park is completed and contains landscaped open areas, a basketball court and playground equipment. The second park will be developed for use in the spring. The proposed phases will include another neighborhood park in the southwest area of the project and will consist of landscaped areas with playground equipment. We also will provide a landscaped berm along the Locust Grove frontage with a landscaped entrance. We have also worked very hard to create a strong homeowners' association and architectural control committee. All homes require some brick or stucco, yards must be landscaped and all fencing is tightly controlled. The new phases of Danbury Fair will be incorporated into the Master Declaration of Conditions, Covenants and Restrictions and will be subject to the same requirements as the previous phases. ~ We request that the subject property be zoned R-8. The dwelling sizes will conform to the requirements as set forth in the zoning ordinance for the R-8 zone, with the exception that no dwelling will be less than 1100 square feet, (i.e. 25% of the dwellings would be 1100 square feet minimum; 25% 1200 square feet minimum and 50% will be 1301 s uare feet or greater). q The proposed phase 5 is located on the east side of the Five Mfile Creek. A portion of phase 5 is located within the 100 year flood plain as depicted on the Federal Emergency Management Agency Flood insurance rate ma . We have been working with the F.E.M.A. to modify the flood plain eithepb new topographic data or fill in a small area. y We will provide an adequate setback from the Five Mile Creek to allow maintenance access for the Nampa and Meridian Irrigation District. The subject preliminary plat is located in an area that has been previous) Y 2 • • developed with R-8 zoning and is surrounded by commercial, industrial and the mixed uses. We believe this project makes sense given the existin uses in the area. g The continuation of this project will contain neighborhood parks that will provide recreational opportunities for the residents of the Danbury Fair neighborhood. The attached applications do not contain requests for variances from the City of Meridian zoning ordinance and/or the subdivision ordinance. Thank you for your time and consideration. Please calf if you have an questions. y incerely, ~~~~ U' ' ~ Daniel A. o fin Operations na 3 • • 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 p.m., on December 15, 1994, for the purpose of reviewing and considering the Application of B.W. Inc. for annexation and zoning of approximately 32.01 acres of land located in Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located South of Fairview Avenue and West of Locust Grove Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 118 single family dwelling lots for Danbury Fair Subdivision No. 5, 6 and 7. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Stree#, 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 21st day of November, 1994. WILLIAM G. BERG, JR., CITY CLERK R! ~ j.:_....:... RUBBLE ENGINEER{NG, INC. ~ - 9660 8atr~sl Court • Bdas. Idstw e37o9 .gpg2 • Fax 2081378.0329. . ,. • i M '~~ w "` ~ ~ :'~.y. •iI • vi: RIM :#~.: . ::~ R I ~ ~: ~~#~. •~ sr c~Ot • J • ~ I , ~ ~ 1 • + r ...... 3 1 ... . t • .... t - ~ ~ 1 , ~ 8 ,.. ~ i \ t^ \ 9 •' v ca ~' ~ w + ~ (V" ~3 i~ ii it I is !I ~ PL 1 ../ .. _ .----- ~ , . y. r . ,. -- i ~ • = J W 2'. 1~'f ~ N - ~ W W ~\ -~ \ 17 K If 1• y j0 ~ rl .,f. t~ '~ E GRUCKER ST ~ ~ i ~ I • I` . S ;--~ i w - I ...~ •.~:. :::; :Ol Vii! ....:.::: ~ • 3 e f~;' .'~ : ; • i* ?:iii': `~~ ~i, . •~ • • ~~'• ' i:7 • ti 1• ~ •xti :i• • ~ ~ w :'fit;''' ., : ` 16 1• Is i r '1 V t---t- ~ s.f ~';.,.:•:~; ttifa • ' , +~ ~ C .r' ~. rlavJs ~' ; No . s •~ .• •1• 1 7 f~ 1 ~N ( ~ i i Ac ~~ ~ ~ ~ R ,,,, , , i R.~ ~ 1 0' h 4 3 6 ~+ ~ ~ , ~, r T RT ~~ ~ ~ ~ ~~ I s.••.•...•~ _ - ~ T September 20, 1994 DANBURY FAIR SUBDIVISION NO. 5 PROPERTY OWNERS WITHIN 300' Clarence Morgan '~/ 1187 E. Fairview Ave. Meridian, ID 83642 Thomas Howell 2239 Calle Jalapa W. Covina, CA 91792 Boise Podiatary Building (~ 1065 E. Fairview Ave. Meridian, ID 83642 Sandra Averill 3009 Sunset St. Boise, ID 83703 Harold Sweeney ~ C/O Lee Grant P.O. Box 7692 Boise, ID 83707 K2 Construction, Inc. ~ 600 N. Curtis, Suite 145 Boise, ID 83706 Vasile Petrutiu 1208 W. Franklin Rd. Apt. 6 Meridian, ID 83642 Robert Gardner V --~-1'' Meridian, ID 83642 Linden LaDuke ~ 1488 N. Stonehenge Meridian, ID 83642 . ~ Y ~ • • Lois Morgan 1484 N. Stonehenge Meridian, ID 83642 Jonathan Hagen 1480 Stonehenge Meridian, ID 83642 Scott Anderson 1474 N. Stonehenge Meridian, ID 83642 Mark Sparks 1468 N. Stonehenge Meridian, Id 83642 Edward Rutkowski 1491 N. Stonehenge Meridian, ID 83642 Brian Lacasse 1448 S. Shire PI. V Meridian, ID 83642 Kerry Baxter A / 1420 S. Shire PI. V Meridian, ID 83642 Joseph Koga 1400 Shire PI. Meridian, ID 83642 Bradley Rau 1390 Shire PI. Meridian, ID 83642 Lonnie Morris 4737 Fieldcrest Meridian, ID 83642 Jimmie Teet 1425 Shire PI. Meridian, ID. 83642 . ~ ~ Todd Kimball 1453 Shire PI. Meridian, ID 83642 Richard Elliott 1456 N. Sandlin Ave. Meridian, ID 83642 Greg Green 1428 Sandlin Meridian, ID 83642 Robert Granden 1493 N. Penrith v Meridian, ID 83642 Mark Zumwalt 1455 Penrith Meridian, ID 83642 Steven McN itt 1472 Penrith Meridian, ID 83642 Troy Palmer ~,/ 1040 E. Pine St. Meridian, ID 83642 Mike Kettner ~/ 934 Stonehenge Meridian, ID 83642 Darren Haskin ~ 950 Stonehenge Meridian, ID 83642 William Curtis 2630 Franklin Rd. Meridian, ID 83642 Tom Anderson 1414 Penrith Meridian, ID 83642 • Brian Brown 1382 Penrith Meridian, ID 83642 Christian Tisher 1370 Penrith ~' Meridian, ID 83642 Robert Powers 1348 Penrith Meridian, ID 83642 Nan Miller ~ 1332 Penrith Meridian, ID 83642 Sam Wyatt r/ 1473 Drucker Meridian, ID 83642 Todd Prater ~ 1449 Drucker Meridian, ID 83642 Greg Farrington l/ 1431 Drucker Meridian, ID 83642 Dee Liljenquist (~ 1401 Drucker Meridian, ID 83642 Dean Ehlert v 1383 Drucker Meridian, ID 83642 James Beil v 1365 Drucker Meridian, ID 83642 Louis Gauthier V 1347 Drucker Meridian, ID 83642 Kelly King ~' 1321 Drucker Meridian, ID 83642 Wanda Lankford P.O. Box 1265 /Meridian, ID 83680 Frank Hall / 1287 Drucker Meridian, ID 83642 Alan Stone 1265 Drucker Meridian, ID 83642 Jim Carrie (/ 521 3rd St. Meridian, ID 83642 Scott Hanover 1346 Sandlin Meridian, ID 83642 John Allen `,/ 1272 Drucker Meridian, ID 83642 Brian Guthmiller 1290 Drucker V Meridian, ID 83642 Shawn Jorgensen ~ 1310 Drucker Meridian, ID 83642 Ronnie Link `~ 1336 Drucker Meridian, ID 83642 Mike Balls 1358 Drucker Meridian, ID 83642 • Mike Conklin / 1372 Drucker Meridian, ID 83642 Kory Hansen ~' 1361 Penrith Meridian, ID 83642 Hal Broadhead 1377 Penrith Meridian, ID 83642 Patrick McDaniel /1411 Penrith ~/ Meridian, ID 83642 Becky Williams v- 1465 Buchman Meridian, Id 83642 Nickie Meatte v989 N. Ralstin Meridian, ID 83642 Steve Meistrell 955 N. Ralstin Meridian, ID 83642 Lisa Palmer v 994 N. Ralstin Meridian, ID 83642 Gail Mangum (~ 999 Scrivner Way Meridian, ID 83642 Joan Flores ~ 1037 Scrivner Way Meridian, ID 83642 Hodor Family Trust 4852 Corsica Dr. Cypress, CA 90630 • Alfred Vialet V 1483 Buchman Meridian, ID 83642 Mary Johnson / 1019 Scrivner Meridian, ID 83642 Clinton Wageman ~ 953 Ralstin Meridian, ID 83642 Richard Mitchell 975 Ralstin Meridian, ID 83642 Oscar Guerrero ~' 1457 Buchman Meridian, ID 83642 Lude Shea V 1458 Buchman Meridian, ID 83642 ~ Karina Graybill 1470 Buchman Meridian, ID 83642 David Pogue V. 1492 Buchman Meridian, ID 83642 Clay Rudd 1504 Buchman v Meridian, ID 83642 David Thompson V 1536 Buchman Meridian, ID 83642 Debbie Randolph /1558 Buchman Meridian, ID 83642 • Ken Foreman 1564 Buchman Meridian, ID 83642 Toni Olson L/ 1590 Buchman Meridian, ID 83642 Dana Harper ~/ 1004 Scrivner Meridian, ID 83642 Todd Montrose 1026 Scrivner Meridian, ID 83642 Katrina Pearle (~ 1040 Scrivner Meridian, ID 83642 Lawrence French C/ 1589 Buchman Meridian, ID 83642 Opal Farrington Trust ~/' 1180 Pine Ave. Meridian, ID 83642 Delbert Johnson ~ 1018 Stonehenge Meridian, ID 83642 John Cotner ~/ 1034 Stnehenge Meridian, ID 83642 Sandy Rock ~ 1042 Stonehenge Meridian, ID 83642 Randy Meyer ~ 1054 Stonehenge Meridian, ID 83642 • Home Art V 521 E. 3rd Meridian, ID 83642 Grant Farnworth V 1066 N. Stonehenge Meridian, ID 83642 Ronald Peters ~/ 1074 Stonehenge Meridian, ID 83642 Kelly Johnston V 1007 Stonehenge Meridian, ID 83642 Prestige Homes P.O. Box 104 Boise, ID 83701 R.A. Morrison 7154 W. State, Suite 395 ~/ Boise, ID 83703 William Sandusky ~ 1013 Petersburg Meridian, ID 83642 James Reese 1071 Petersburg ~., Meridian, ID 83642 Nicotine Hauff (1353 Sandlin Meridian, ID 83642 Don Yancey 1331 Sandlin / Meridian, ID 83642 Mike Miller / 1423 Latimer St. V Boise, ID 83705 ! ~ George Jeffs 1305 Sandlin Meridian, ID 83642 Prestige Homes /P.O. Box 104 f Boise, ID 83701 Doug Noltemeier ~ 1012 Cathy Meridian, ID 83642 Rick Young 1042 Cathy Meridian, ID 83642 Diana Stewart V 1062 Cathy Meridian, ID 83642 Gladys Young v 1092 Cathy Meridian, ID 83642 D'Arlene Stutzman 1960 Franklin Rd. Meridian, ID 83642 Maylan Hvezda C/ 635 State St. Meridian, ID 83642 Henry Torkelson ~,,, P.O. Box 501 Meridian, ID 83642 Nora Overton 532 State St. Meridian, ID 83642 Ruth Crow ~, 8921 Sunflower Boise, ID 83704 . ~ • George Streelner V P.O. Box 544 Meridian, ID 83642 Lora Petty ~ 515 State St. Meridian, ID 83642 Marjorie Jacobsen tr 535 State St. Meridian, ID 83642 Mike Coleman (, 532 E. Pine Meridian, ID 83642 ~ n Nora Oerton ,.J-'` (, 532 E. State ~ Meridian, ID 83642 Clayne Whitney ~ 524 E. State St. Meridian, ID 83642 Dorothy Rice ~- 512 E. State Meridian, ID 83642 Robert Hendry / 515 E. State Meridian, ID 83642 John Gellerman ~ 1030 E. 5th ' Meridian, ID 83642 Richard Mayhew v 513 Carlton Meridian, ID 83642 Ron Dickman V 1116 E. 5th Meridian, ID 83642 • H.L. Rich v 512 Carlton Meridian, ID 83642 Anthony Stopella ~/ 509 E. Washington Meridian, ID 83642 Doris Oliason ~ 603 E. Pine Meridian, ID 83642 Harold Williens 707 E. Pine Meridian, ID 83642 Voyle Davis V 721 E. Pine Meridian, ID 83642 George Strasser l/ 825 E. Pine Meridian, ID 83642 Charlotte Low 911 E. Pine v Meridian, ID 83642 Paul McKague V 1 10 E. 1st St. Meridian, ID 83642 William Humphnrey C/ 939 E. Pine Meridian, ID 83642 William Thompson ~-.. 745 E. Pine Meridian, ID 83642 Newberry Enterprises c/o HI-Micro Tool Corp. 1410 E. Pine Meridian, ID 83642 Dale Wolff 1277 9th St. '~ San Pedro, CA 90731 Eric Griffith ~ 1160 Locust Grove Rd. Meridian, ID 83642 Linden Carr (,/ 1190 Locust Grove Rd. Meridian, ID 83642 Donald Stephens (/ 1280 Locust Grove Rd. Meridian, ID 83642 Devco Properties Ltd. Partnership P.o. Box 1228 V Boise, ID 83701 ~ n Anthony Stoppello ~`" 509-A E. Washington r' C-~~" '` Meridian, ID 83642 H.L. Rich 512 E.Carlton - V Meridian, ID 83642 ,~`;1`y John B. Gellerman ~~ 1030 E. 5th •% (~ Meridian, ID 83642 Donald O. Delzell Trust ~ J.R. Thromburg Trustee 3040 Duane Dr. Meridian, ID 83642 Patsy Garrett ~ 934 E. 5th Meridian, ID 83642 Terry Trakel 928 E. 5th Meridian, ID 83642 George Strellner / P.O. Box 544 p~ Meridian, ID 83642 Stanley Anderson ~ 5151 Umatilla Boise, ID 83709 Lillian Furhiman ~ Don Evans 1665 N W 13th Meridian, ID 83642 David W. Kettles V 5301 Brookside Ln. Boise, ID 83703 Johnny P. Meyer ~ 2245 Knorcrest Cir. Boise, ID 83709 Reta Taggart ~ 830 E. 5th Meridian, ID 83642 Jolene Dahmer 513 E. Pine Meridian, ID 83642 Wayne Grosso ~ 523 E. Pine Meridian, ID 83642 David Cronin ~ Kathleen M. Taylor 533 E. Pine Meridian, ID 83642 Sandra Music 516 E. Idaho Meridian, ID 83642 ~ Brenton C. Tucker 528 E. Idaho Meridian, ID 83642 ~ ~ ;~ i Lynd Hoover ~ 1318 E. 4th Meridian, ID 83642 Aaron Lynch 1124 Cathy Ln. Meridian, ID 83642 Darrin Rule (~ 1379 Sandlin Meridian, ID 83642 ~ Richard Elwood 1367 N. Sandlin Ave. Meridian, ID 83642 Bruce Meyer 1721 Vermont Boise, ID 83706 Dwight K. Spangler 11770 Goldenrod ~i- Boise, ID 83704 Harold Wilkins 707 E. Pine ~ Meridian, ID 83642 William Thomson (/- 745 E. Pine Meridian, ID 83642 Eric Fleming 9299 S. Stewart Meridian, ID 83642 t/ David Reed 1433 N. Penrith Ave. Meridian, ID 83642 )ay Farrar V 1428 N. Penrith Ave. Meridian, ID 83642 James Bell 1365 E. Drucker ~ Meridian, ID 83642 Richard Salladay 992 N. Stonehenge Meridian, ID 83642 Derk Heiner C/ 978 N. Stonehenge Way Meridian, ID 83642 Joseph Denardi ~ HC 79 Box 111 D Melba, ID 83641 Chester LaCasse C~ 1215 N. Locust Grove Rd. Meridian, ID 83642 Lillian Reaman ~--- 1740 E. Pine Meridian, ID 83642 Patrick McDaniel 1411 Penrith ~ ~~~~ Meridian, ID 83642 Steve Michels v 1630 Paradise Meridian, ID 83642 Harry Adams 3201 Chinden Boise, ID 83714 SRP Health Care 2995 N. Cole Rd, Suite 2008 Boise, ID 83704 Stephanie Eastman c.~ 1029 Stonehenge Meridian, ID 83642 Ronald Darco 1686 Jericho Rd. Meridian, ID 83642 Susan K. Ziegenfuss V 1685 Jericho Rd. Meridian, ID 83642 ~ ~ Cheryls Idaho Athletic '/~^ 1450 E. Fairview a'V Meridian, ID 83642 _ / Danbury Fair Home Association V 1532 E. Boise Ave. Boise, ID 83706 Ron McLaren 1460 N. Penrith Meridian, ID 83642 Brock Deboard V 1446 N. Penrith Meridian, ID 83642 Edward Ruthkowski 1491 N. Stonehenge Meridian, ID 83642 Katrina O'very (~ 1411 N. Penrith Meridian, ID 83642 Matthew Ricker V- 1462 Stonehenge Meridian, ID 83642 c~ ~4 \k~ ~~t ~t,~--'~ Elnora Johnson V' 8306 W. State Boise, ID 83702 .~- , 923322 A®A OOUNTY, I D. FOR (~~ -~~p,Q~. SUPPLEMENTAL DECLARATION OF COVENAN QAVID NAVARRO CONDITIONS AND RESTRICTIONS RECORDER BY OF DANBURY FAIR SUBDIVISION NO. 1 ~~~0 * * * '92 ~IAY 22 RBI 9 02 THIS SUPPLEMENTAL DECLARATION is made the date .hereinafter set forth by B.W., INC., an Idaho corporation, hereinafter referred to as "Declarant". W I T N E S S E T H WHEREAS, Declarant placed of record on May 5, 1992, Declarations of Covenants, Conditions and Restrictio s, recorded records of Ada County as Instrument No. 9228656 ~h ( ereinafter "Declaration"); WHEREAS, Exhibit A to the Declaration was omitted; WHEREAS, Declarant owns all of the property subject to the Declaration, and is entitled to cast all of the votes of membership of the Association, and by this Supplemental Declaration does hereby cast all votes and do all acts necessary to supplement and amend the Declaration. WHEREAS, Declarant hereby supplements the Declaration by this Supplemental Declaration which includes Exhibit A; NOW, THEREFORE, Declarant hereby declares that the Declaration is in full force and effect, and is unchanged except as supplemented by the addition of Exhibit A, which Exhibit A is attached hereto and made a part of the Declaration. SUPPLEMENTAL DECLARATION, p. 1 ., '•' • • IN WITNESS WHEREOF, the Declarant has caused its corporate name to be subscribed this /S day of May, 1992. DECLARANT: 4;' w ~~, ~.• .tit . - , . `. _ • .. :` '~ ~' , , .._ STATE OF IDAHO ) ss. County of Ada ) B.W., INC. /~ Dennis M. Baker, President On this ~ day of May, 1992, before me, the undersigned Notary Public in and for said State, personally appeared Dennis M. Baker, known or identified to me to be the President of B.W., Inc., the corporation that executed the within instrument, or the person who executed the instrument in 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. NOT Y PUBLIC, State of Idaho Residing at Boise My Commission Expires: /o SUPPLEMENTAL DECLARATION, p. 2 • EXHIBIT 'A' Parcel - 1 A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3' NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7, A POINT MARRED BY A BRASSf CAP; THENCE ALONG THE NORTH LINE OF SAID SECTION 7, t NORTH 89'28'06" WEST 347.91 FEET TO A POINT; THENCE LEAVING SAID SECTION LINE SOUTH 0'26'54^ WEST 29.07 FEET TO THE POINT OF BEGINNING, A POINT MARRED BY A 5/8^ IRON PIN, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE AS SHOWN ON PROJECT NO. F-3281(5) ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE STATE OF IDAHO; THENCE SOUTH 22'23'00" WEST 87.14 FEET TO A POINT MARRED BY A 5/8" IRON PIN; THENCE SOUTH 0'26'54^ WEST (FORMERLY SOUTH) 326.80 FEET TO A POINT IN THE CENTERLINE OF A DRAIN DITCH AS IT NOW EXISTS; THENCE ALONG THE CENTERLINE OF THE DRAIN DITCH THE FOLLOWING COURSES AND DISTANCES: SOUTH 84'44'00^ WEST 339.00 FEET TO A POINT; THENCE SOUTH 83'29'00" WEST 36.35 FEET TO A POINT; THENCE SOUTH 71'42'00" WEST 49.80 FEET TO A POINT; THENCE SOUTH 65'02'00" WEST 180.40 FEET TO A POINT; THENCE NORTH 80'50'00" WEST 24.30 FEET TO A POINT; THENCE NORTH 35'44'00^ WEST 38.50 FEET TO A POINT; THENCE NORTH 14'47'00" WEST 35.78 FEET TO A POINT; THENCE LEAVING SAID DRAIN DITCH NORTH 0'24'15^ WEST (FORMERLY DESCRIBED AS NORTH 1'09" EAST) 470.16 FEET TO A POINT MARKED BY A 5/8" IRON PIN, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE; THENCE ALONG SAID RIGHT OF WAY SOUTH 89'32'15" EAST 679.19 FEET TO THE POINT OF BEGINNING. Page-1 Exhibit A - continued • EXHIBIT 'A' • Parcel-2 A PARCEL OF LAND BEING A PORTION OF LOT 7 OF THE EASTSIDE ADDITION TO MERIDIAN AS , SHOWN ON THE PLAT THEREOF AS RECORDED IN BOOK d OF PLATS AT PAGE 158 OF ADA COUNTY RECORDS, LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., ADA COUNTY. IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 7 OF SAID TOWNSHIP 3 NORTH. RANGE 1 EAST, MARKED BY A BRASS CAP MONUMENT, FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION 7 BEARS SOUTH 89 OT04' WEST A DISTANCE OF 2,647.51 FEET; THENCE SOUTH ~ 07'04" WEST ON THE EAST WEST CENTERLINE OF SAID SECTION 7, ALSO BEING THE CENTERLINE OF EAST PINE AVENUE FOR A DISTANCE OF 674.38 FEET TO THE CENTERLINE INTERSECTION OF SAID EAST PINE AVENUE AND ADMNS STREET (FORMERLY CALLED FLORENCE STREET); THENCE NORTH 0 02'01' EAST ON SAID ADKINS STREET CENTERLINE FOR A DISTANCE OF 677.69 FEET; THENCE SOUTH 89 21'51' WEST FOR A DISTANCE OF 20.00 FEET, TO THE SOUTHEAST CORNER OF LOT 7 OF SAID EASTSIDE ADDITION. ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF SAID ADKINS STREET; THENCE CONTINUING SOUTH 89 2t'St' WEST ON THE LOT LINE COMMON TO LOTS 5 AND 7 OF SAID EASTSIDE ADDITION FOR A DISTANCE OF 180.00 FEET TO THE REAL POINT OF 6EGINNING; THENCE CONTINUING SOUTH 89 21'51' WEST ON SAID COMMON LOT LINE FOR A DISTANCE OF 448.94 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7; THENCE NORTH 0 04'01' EAST ON THE WEST LOT LINE OF SAID LOT 7 FOR A DISTANCE OF 327.74 FEET (FORMERLY DESCRIBED AS 324.95 FEET) TO THE NORTHWEST CORNER OF SAID LOT 7; THENCE NORTH 89 29'09" EAST ON THE LOT LINE COMMON TO LOTS 7 AND 8 OF SAID EASTSIDE ADDITION FOR A DISTANCE OF 628.74 FEET (FORMERLY DESCRIBED AS 629.5 FEET) TO THE NORTHEAST CORNER OF SAID LOT 7; THENCE SOUTH 0 02'01" WEST ON THE EAST LOT LINE OF SAID LOT 7, ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF SAID AOKINS STREET FOR A DISTANCE OF 201.40 FEET; THENCE SOUTH 89 21'51" WEST FOR A DISTANCE OF 180.00 FEET; THENCE SOUTH 0 02'01" WEST FOR A DISTANCE OF 125.00 FEET TO THE REAL POINT OF BEGINNING. Parcel-3 LOT 6 OF EAST SIDE ADDITION TO MERIDIAN ACCORDING TO THE PLAT THEREOF FILED IN BOOK 4 OF PLATS AT PAGE 158, RECORDS OF ADA COUNTY. IDAHO Page-2 Exhibit A - continued • • EXHIBIT 'A' Parcel-4 Commencing at the section comer common to Sections 5, 6, 7, and 8 of T.3N,, R.1 E., B.M.; thence North 89°54'45" West on the section line common to said Sections 6 and 7, a dstance of 1320.48 feet to an aluminum cap monument marking the east 1/16th corner common to said Sections 6 and 7; thence South 0°04'01" West on the easterly boundary of the NW'I/4 NE ./4 o'f Bald Section 7, a distance of 667.98 feet (formerly described as South 660 feet) to a 5/8' iron pin marking the northeast comer of the S1/2 NW1/4 NE1/4 of said Section 7. said point being the REAL POINT OF BEGINNING for this description; thence continu"rng South 0`0='01" West (formerly described as South). z distance of 426.85 feet to a point; thence South 89°50'40" West, a distance of 102J.75 feet (fomerly described as West, 1019 tit) to a point on tha easterly property line of that parcel described in lnstrument Number 9062493, recorded November 16. ~ 390; thence North 0`07'58" East on the aasterly fine of the above said parcel. a distance of 426.85 feet to a point on the northerly line of the S1/2 NWi/4 NE1/4 of said Section 7; thence North 89`50'40" East on said northerly line .distance of 1020.2e feet to the REAL POit~ OF BEGINNING, containing 10.0 acres, more or less. Parcel-5 THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: - BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST OUARTER OF THE ~' SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWIySHIP 3 NORTH. RANGE 1 EAST, BOISE MERIDIAN; THENCE ' NORTH ALONG THE EAST BOUNDARY OF SECTION SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 250 FEET TO A POINT; THENCE WEST PARALLEL TO THE SOUTH BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, A DISTANCE OF 95 FEET TO A POINT, THENCE SOUTH PARALLEL TO THE EAST BOUNDAAY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST OUAATER OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 250 FEET TO A POINT ON THE SOUTH BOUNDARY THEREOF; THENCE EAST ALONG THE SOUTH BOUNDARY THEREOF A DISTANCE OF 95 FEET. MORE OR LESS, TO THE POINT OF BEGINNING. Page-3 Exhibit A -continued • • EXHIBIT 'A' Parcel-6 1 THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS SOUTH 89'41' WEST A DISTANCE OF 1255.2 FETT FF~OM THE SECTION CORNER COMMON TO SECTIONS 5, 6, 7 AND 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THE REAL POINT OF BEGINNING; THENCE SOUTH 0.34' WEST 25.0 FEET TO THE CENTER OF THE DRAIN DITCH; THENCE ALONG THE CENTER LINE OF SAID DRAIN DITCH (WHICH CENTER LINE FOLLOWS APPROXIMATELY THE FOLLOWING COURSES AND DISTANCES;) SOUTH 50'47' EAST 161.10 FEET; THENCE SOUTH 25'52' EAST 183.0 FEET; THENCE SOUTH 9'05' EAST 253.0 FEET; THENCE SOUTH 81'52' EAST 71.0 FEET; THENCE NORTH 58'24' EAST 153.0 FEET; THENCE NORTH 84.00' EAST 46 FEET, MORE OR LESS TO AN INTERSECTION OF THE NORTHERLY EXTENSION OF AN EXISTING FENCE LINE; THENCE SOUTH 0.01' WEST 49 FEET, MORE OR LESS TO THE NORTHEASTERLY CORNER OF THAT PROPERTY DESCRIBED IN WARRANTY DEED RECORDED MAY 9, 1958 UNDER FEE NO. 429095, RECORDS OF ADA COUNTY, IDAHO; THENCE SOUTH 64'57' WEST 276.3 FEET~TO A POINT; THENCE SOUTH 28'42' EAST 150.0 FEET TO A POINT; THENCE SOUTH 20'43' EAST 114.7 FEET TO A POINT; THENCE SOUTH 31'59' EAST 73.7 FEET TO A POINT; THENCE SOUTH 48'43' EAST 131.0 FEET TO A POINT; WHICH IS ON AN EXISTING FENCE LINE; THENCE SOUTH 0.01' WEST ALONG SAID EXISTING FENCE LINE 303 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE SOUTH 89'45' WEST 406.65 FEET, MORE OR LESS TO A POINT WHICH IS 150 FEET EAST OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTHWESTERLY TO A POINT ON THE WEST LINE OF SAID•NORTHEAST QUARTER OF THE NORTHEAST QUARTER, WHICH IS 94 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER;. THENCE ' NORTH 0'34' EAST 1228.7 FEET TO THE SECTION LINE AT THE CENTER OF THE STATE HIGHWAY; THENCE NORTH 89'41' EAST ALONG THE SECTION LINE 53.2 FEET TO THE POINT OF BEGINNING. Page-4 Exhibit A-continued • EXHIBIT 'A ALSO A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO DESCRIBED AS FOLLOWS: BEGINNING A3' THE SECTION CORNER COMMON TO SECTIONS 5 AND 6, 7 AND 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 0'39' WEST A DISTANCE OF 1325.0 FEET TO A POINT IN THE COUNTY ROAD; THENCE NORTH 89'39' WEST A DISTANCE OF 659.6 FEET TO A POINT; THE REAL POINT OF BEGINNING; THENCE NORTH 0'34' WEST A DISTANCE OF 165.0 FEET TO A POINT; THENCE NORTH 29'29' WEST A DISTANCE OF 94.0 FEET; THENCE NORTH 42'39' WEST A DISTANCE OF 66.0 FEET TO A POINT OF AND EXISTING FENCE LINE; THENCE SOUTH 0'Ol' WEST ALONG SAID EXISTING FENCE LINE 303 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH OF RANGE 1 EAST; THENCE NORTH 89'39' EAST ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER A DISTANCE OF 90 FEET TO THE REAL POINT OF BEGINNING. Page_5 Exhibit A continued • EXHIBIT ~ A' Parcel 6:2 An irregular shaped parcel of land lying in the NW1/4 NE1/4 NE1/4 of Section 7. T.3N.,R.1 E, B.M., City of Meridian, Ada County, Idaho, more particularly described ss follows; Commencing at the brass cap marking the section comer common to Sections 5, 6, 7 and 8 of said T. 3N.,R.1 E., thence North 89°54'45" West on the section line common to said Sections 6 and 7 a distance of 347.91 feet (formerly described as North 89°28'06" West) to a point, thence South 0°00'15" West (formerly described as South 0°26'54" West) a distance of 29.07 feet to a 5/8" iron pin on the Southerly right-of--way line of Fairview Avenue, thence North 89°58'54" West (formerly described as North 89°32'15" West) on said Southerly right-of-way Line a distance of 679.19 feet to a 5/8" iron pin, thence South 0°50'54" East (formerly described as South 0°24'15" East) a distance of 253.65 feet to a point, said point also being the REAL POINT OF BEGINNING for this description, thence continuing South 0°50'54" East (formerly described as South 0°24'15" East) a distance of 210.35 feet to a point in the centerline of a drain ditch. thence North 9°12'30" West (formerly described as North 9°05' West) on the centerline of said drain ditch a distance of 203.86 feet to a point in said drain ditch centerline, thence North 25°27'45" West (formerly described as North 25°52' West) a distance of 10.07 feet to a point, thence South 90°00'00" East a distance of 33.84 feet to. the R=AL POINT OF BEGINNING, containing 3271 square feet, more or less. Page-6 Exibhit A- continued • • EXHIBIT 'A' Parcel 6~3 An irregular shaped parcel of land lying in the NW1/4 NE1/4 NE1/4 of Section 7, T.3N.,R1 E., B.M., City of Meridian, Ada^.ounty, Idaho, more particularly descxibed as follows: Commencing at the brass cap marking the section comer common to Sections 5, 6, 7 and 8 of said T.3N., R:1 E., Thence North 89°54'45" West on the section line common to said Sections 6 and 7 a distance of 1202.99 feet to a point, Thence South 0°01'06" West a distance of 30.10 feet to a brass cap right-of-way monument marking the Southerly right-of-way line of Fairview Avenue at station 59+66.6 at 50 feet right of centerline, said point also being a point of curve, Thence on said Southerly right-of--way line a distance of 46.36 feet on the arc of a curve to the left, said curve having a radius of 57245.80 feet, a central angle of 0°02'4T', a tangent of 23.18 feet and a chord distance of 46.36 feet which bears South 89°59'43" West to a point being the REAL POINT OF BEGINNING for this description, Thence South 50°22'45" East (formerly described as South 50°47' East) a distance of 26.71 feet to a point on a fence line, Thence North 11°20'53" West on said fence line a distance of 17.38 feet to a point on a curve on the southerly right-of-way line of Fairview Avenue, Thence 17.16 feet on the arc of a curve to the left on said Southery right-of--way line, said curve having a radius of 57245.80 feet, a central angle of 0°01'02", a tangent of 8.58 feet and a chord distance of 17.16 feet which bears South 89°58'50" West to the REAL POINT OF BEGINNING, containing 146 square feet more or less. Page-7 ~ ~ Exhibit 'A' continued . ~ • EXHIBIT ~ A ' EXCEPTIONS FOR PARCELS 6 :1, 6 2, 6 = 3 EXCEPTION - 1 An irregular shaped parcel of land lying in the NW1/4 NE1/4 NE1/4 of Section 7, T.3N.,R1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at.the brass cap marking the section comer common to Sections 5, 6, 7 and 8 of said T.3N., R.1 E.; thence North 89°54'45" West (formerly described as South 89°41' West) on the section line common to said Sections 6 and 7 a distance of 1202.99 feet to a point; thence South 0°01'06" West a distance of 30.10 feet to a brass cap right-of-way monument marking the Southerly right-of-way line of Fairview Avenue at Station 59+66.6 at 50 feet right of centerline, said point also being a point of curve; thence on said Southerly right-of-way fine a distance of 46.36 feet on the arc of a curve to the left, said curve having a radius of 57,245.80 feet, a central angle of 0°02'4T', a tangent of 23.18 feet, and a chord distance of 46.36 feet which bears South 89°59'43" West to a point; thence South 50°22'45" East (formerly described as South 50°47' East) a distance of 26.71 feat to an existing fence line, said point being the REAL POINT OF BEGINNING for this desc; iption; thence South 50°22'45" East a distance of 98.76 feet (formerly described as South 50°47' East) to the southwest comer of that parcel of land as described in Warranty Deed Instrument Number 808816, recorded June 7, 1972; thence North 89°58'54" West a distance of 40.25 feet to a point: thence North 35'11'00" West a distance of 56.26 feet to a~point on said existing fence line; thence North 11°20'53" West on said fence line a distance of 17.33 feet to the REAL POINT OF BEGINNING, containing 1464 square feet, more or less. Page 8 Exhibit A continued f ` .' • • EXHIBIT • A' EXCEPTION - 2 • An irregular shaped parcel of land lying in the NW1/4 NE1/4 NE1/4 of Section 7, T.3N.,R1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing a~ the brass cap marking the section comer common to Sections 5, 6, 7 and 8 of said T.3N., R.1 E.; . thence North 89°54'45" West (formerly described as South 89°41' West) on the section line common to said Sections 6 and 7 a distance of 1202.99 feet to a point; thence South 0°01'06" West a distance of 30.10 feet to a brass cap right-of-way monument marking the Southerly right-of-way line of Fairview Avenue at Station 59+66.6 at 50 feet right of centerline, said point also being a point of curve; thence on said Southerly right-of--way line a distance of 46.36 feet on the arc of a curve to the left, said curve having a radius of 57,245.80 feet, a central angle of 0°02'4T', a tangent of 23.18 feet, and a chord distance of 46.36 feet which bears South 89°59'43" West to a point; thence South 50°22'45" East (formerly described as South 50°47' East) a distance of 125.47 fleet to the southwest corner of that parcel of land as described in Warranty Deed Instrument Number 808816, recorded June 7, 1992, said point also being the REAL POINT OF BEGINNING for this description; thence continuing South 50°22'45" East a distance of 27.49 feet (formerly described as South 50°47' East) to a point; thence South 25°27'45" East a distance of 1 ,•2.93 feet (formerly described as South 25°52' East) to a point; ', , thence South 90°00'00" West a distance of 13.3 feet to a pcint; the^c~ North 35'11'00" West a distance of 212.0 feet to a point; thence South 89°58'54" East a distance of 40.25 feet to the REAL POINT OF BEGINNING, containing 5653 square feet, more or less. Page 9 Exhibit A continued ,. EXHIBIT ~ A EXCEPTION 3 • A parcel of land Eying in the NW1/4 NE1/4 NE1/4 of Section 7, T.3N.,R.1 E, B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the brass cap marking the Section comer common to Sections 5, 6, 7 and 8 of said T. 3N.,R.1 E., thence NortFa 89°54'45" West on the section line common to said Sections fi and 7 for a distance of 347.91 feet {formerly described as North 89°28'06" West) to a point; thence South 0°00'15" West (formerly described as South 0'26'54" West) for a distance of 29.07 feet to a 5/8" iron pin on the Southerly right-of-way line of Fairview Avenue; thence North 89°58'54° West (formerly described as North 89°32'15" West) on said Southerly right-of-way line for a distance of 679.19 feet to a 5/8" iron pin; thence South 0°50'54" East (formerly described as South 0°24'15" East) for a distance of 159.79 feet to a point, said point also being the REAL POINT OF BEGINNING; thence continuing South 0'50'54" East (formerly described as South 0°24'15" East) for a distance of 1.50 feet to a point on the north wall of a wood building: thence continuing South 0`50'54" East (formerly described as South 0°24'15" East) for a distance of 63.77 feet to a point on the south wall of a wood building; thence continuing South 0°50'54" East (formerly described as South 0°24'15" East) for a distance of 1.50 feet; thence North 8g°09'06" East for a distance of 1.50 feet; , thence North 0°50'54" West for a distance Of 66.77 feet; thence South 89°09'06" West for a distance of 1.50 feet to the REAL POINT OF BEGINNING, containing 100 square feet, more or less. Page 10 . End of exhibit A w ~~ ~ ~ ~33'fOO1 ADA COU,W r ~ . I D. F ri0 AMENDMENT TO DECLARATION OF COVENANTS, .~ ~• DAVID NAVARR CONDITIONS AND RESTRICTIONS OF RECORDER E DANBURY FAIR SUBDIVISION N0. 1 '9 Ay °~ This Amendment to Declaration of Covenants, Con~iQYbn~ aPi~ 12 ~~ Restrictions is made on the date hereinafter set forth by B.W., Inc. , an Idaho corporation (hereinafter referred to as "Declarant" ) and the undersigned "Owners" as that term is defined in the Declaration of Covenants, Conditions and Restrictions of Danbury Fair Subdivision No. 1 more particularly described below. W I T N E S S E T H WHEREAS, Declarant has heretofore filed of record the Declaration of Covenants, Conditions and Restrictions of Danbury Fair Subdivision No. 1, which declaration was recorded on May 5, 1992, as instrument No. 9228656, records of Ada County, Idaho, (hereinafter the "Declaration"); and WHEREAS, Declarant has heretofore filed of record a Supplemental Declaration of Covenants, Conditions and Restrictions of Danbury Fair Subdivision No. 1, which supplemental declaration was recorded on May 22, 1992, as instrument No. 9233220, records of Ada County, Idaho; and WHEREAS, Declarant is currently the record Owner of 20 Lots in Danbury Fair Subdivision No. 1; and WHEREAS, pursuant to the Declaration, amendment of any provision thereof requires the consent of the members entitled to cast not less than 66 2/3$ of the votes of membership; and WHEREAS, the undersigned, including Declarant herein .own sufficient numbers of Lots in said subdivision to satisfy the percentage ownership requirement in order to amend said Declaration; NOW, THEREFORE, it is hereby agreed as follows: 1. Article I, Section 5, of said Declaration is hereby amended in its entirety, to read as follows: OWNER shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is part of the properties, including contract sellers, but excluding those having AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DANBURY FAIR SUBDIVISION N0. 1 - Page 1. 04/29/93/pnw • such interests merely as security for the performance of an obligation. 2. Article IV of said Declaration is hereby amended in its entirety to read as follows: ARTICLE IV: Voting Rights The Association shall have two classes of voting membership: Class A: Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional votes shall not be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Class B: Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: A. When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or B. On February 1, 1994. 3. Article V, Section 1, of said Declaration is hereby amendedyin its entirety, to read as follows: Section 1. Creation of Lien and Personal Obligation of Assessments• Each Owner of any Lot, by acceptance of a deed therefore (whether or not it shall be so expressed in such deed) is deemed to covenant and agree to pay to the Association: A. Regular annual or other regular periodic assessments or charges; and AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DANBURY FAIR SUBDIVISION NO. 1 - Page 2. 04/Z9/93/jmw ' • U B. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with interest, costs of collection and reasonable attorneys fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorneys fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors in title, unless expressly assumed. 4. Article V, Section 10, paragraph E, of said Declaration is hereby deleted and shall be of no further force or effect. 5. Article VIII, paragraph A, of said Declaration is hereby amended in its entirety to read as follows: A. Lot Use: No Lot, with the exception of the common area Lots, shall be used except for single family residential purpose. No Lot or the common area shall be used for the conduct of any trade, business or professional activity. All Lots and improvements constructed thereon must comply with all applicable governmental rules, ordinances, laws, statutes and regulations. The Owner of each Lot shall complete construction of a Dwelling Unit as permitted herein within two (2) years after the date of the first conveyance of a Lot to an Owner by Declarant. 6.y Article IX, Section 1, of said Declaration is hereby amended in its entirety to read as follows: Section 1. Building Restrictions: No buildings shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single family dwelling, containing a minimum interior living space no less than that required minimum area set forth on the plat described on page 1, hereof, and may not exceed thirty (30) feet in height, and a private garage for two (2) motor vehicles. Each Dwelling Unit may not be occupied by more than one (1) family. AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DANBURY FAIR SUBDIVISION NO. 1 - Page 3. 04/29/93/jma • • Except as amended herein, the Declaration shall remain in full force and effect, with no other change or modification. DATED this _~ day of ~~~ , 1993. DECLARANT: B.W., Inc. e President -. STATE OF IDAHO COUNTY OF ADA ss. On this ~ day of 7/1/)~ , 1993, before me, a Nota y Public for Idaho - ' 1~~ ~'~.''r"~ • n Residing at Boise, Idaho ~~ .~. ~~ ~`t•,~'~ 4~~ .; ~' My Commission Expires: /,z~9~ ~~ '•••;;'.,:;•~~.~.~,. r••~T.~ ~Y,. V `.~ # _ -. •i Notary Public in and for said St te, personally appeared Dennis M. Baker, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as president of said corporation. ~~.. IN WITNESS WHEREOF, I have hereunto set my hand an =notarial°, seal the day and year in this certificate first above tten: AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DANBURY FAIR SUBDIVISION NO. 1 - Page 4. oM1/29ro3/yna _. STATE OF IDAHO ) ss. COUNTY OF ADA ) L J Owner of Lot ~, Block r-_/•~-~ On this ~~_ day of v ~ \ , 1983, before me, the undersi ed, a nota,~ p lic in and for said state, personally appeared d , known to me to be the person whose name is subscribed the within and foregoing instrument, and acknowledged to me that (s)he execute ,mot e~same. :~. d IN WITNESS WHEREOF, I have hereunto set my hand anc~~af~~ d~m~ official seal the day and year in this certificate f! gt~d~ce y written. f '~ 1 ,. ~. ~•-'.mfr - v ~f J ~ l , . ~' i ~ ~ i GI.F+ • = ~ ~, 1: ~ , Notary P lic for Idaho„~.: ;; ~ ~ Residing at Boise, I,~}ah'o~.'• ~. Commission Expires ~=`~-~~'1r ~ ~ ~~ ~~ . ~. ,rr 7r Owner of Lot ~, Block `:%~' <? STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~~ day of ~(~(1p,~,, , 19q , before me, the undersi ned, a notary p lfc in and for said st~, personally appeared ~~ ~~, ~ (,mod o p 4, `~c~YL, known to me to AMENDMENT TO DECTION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DANBURY FAIR SUBDIVISION NO. 1 - Page 5. 04/29/93/jmw • be the person whose name is subscribed to the within and foregoing instrument, and acknowledged to me that (s)he executed the. same. IN WITNESS WHEREOF, I have hereunto set my hand and a~ff•ixed.•my~~ official seal the day and year. in this certificate first ~abb~e , written. . r~ ~~ ,,,- Q . y ~ ' ~> .... . No ary P is for Idaho ~ ~• f ~ Residing at Boise, Idah `~~~x•.`^ j;•• ~r~ ~ ~ Commission Expires r~ ~ `' Owner Lot ~ ,Block STATE OF IDAHO ) ss. COUNTY OF ADA ) On this W day of ~=~1 ..,~19 before me, the under ed, a notary pub c in and for ,said°state personally appeared , known to me t4-.~; be the person whose name is bsc bed to the within and foregoing. ~q instrument, and acknowledged to me that (s)he executed:~th~e`-same: .,~ ~ • . IN WITNESS WHEREOF, I have hereunto set my hand arid.-,affixed•~r ~-- _ , official seal the day and year in this certificate'~-ir~s~ ra~iove written . ~ _.~ ~. c• •.,, - • ~ . s ~ r ~ . i tti r .tl~~~ Notary Pub is for Idaho Residing at Boise, I ah - Commission Expires ~- ~;3-q'~ AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DANBURY FAIR SUBDIVISION N0. 1 -Page 6. 04/29/93/jmw • • Owner of Lot ~ ,Block STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~'~~ day of ~ lg~~ before me, the undersigned, a notary lic in and for said,etate, P Y PPeared p r~ C . w,.J= ersona a ~~~ , known.;"to ~`me = to -:. be the person whose name is subscribed to the within and foregoing"~`~ instrument, and acknowledged to me that (s)he executed.~the.~same.' _,;~' '~. IN WITNESS WHEREOF, I have hereunto set my hand ~and~ affi~Ced my•~ ~' " ~~' official seal the day and year in this certificate firs$~~;~`aliowe" ~ ~' written . -~ , , . ~ ~ •- " F`` ....~ ..- , G~ t 'i ~ y 1 Notary Pu c for Idaho ~ • ~~ ~' ' f' ~: Residing at Boise, laho_`~, ~" "" ' ,' ~ 1 Commission Expires ~:^-~; .;, s• Owner of Lot ~ ,Block ,~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this day of ~~, ~ lg~~ before me, the un ersi~ned, a notar public in and for said state, personally appeared ~a.rreu~ !-ir~,~1~~ n~ , known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged to me that (s)he executed the same. AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DANBURY FAIR SUBDIVISION N0. 1 -Page 7. 04/29/93/Jmw IN officia written. WITNESS WHEREOF, I have hereunto set m hand.~ai w~~_ . • y c~~~•aff~ixed my seal the day and year in this certificate firsg~"_~ab~v~, •.,. :~ Y ` L~~ %r F7 _ Not ry Public or Idaho e,~. ~. , ~; • . ''. ;;: Residing at Boise, Idaho "~ : ~. , Commission Expires ~,L ~~~;~" ~ ~ ~ `' . . Owne7~ot ~, Block STATE OF IDAHO ) COUNTY OF ADA ~ ss. On this ~ day of , 19 S'3, before me, the undersigned, a notary ublic in ant far sail state, personally appeared ~~„ ~ 'e, a ~~~ h , known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged to me that (s)he executed'~;t~ie'~same. "~ `: IN WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal the day and year in this certificate first,,.~a~,~ - ~~ written. ,,•~ ,b,,r •;' - - •J Not ry Public for Idaho ''~• '-` Residing at Boise, Idaho ~ ~'~ ~.; Commission Expires i,z~g/'~~`..~•: _ T 9356673 • • . ~; ~D~, Chu"~Tl', I D. FOR (~ P .. N'~' .DECLARATION OF COVE~iA1~T~~,J I G h,~ ~4'; ~ R E? 0 CONDITLONS AND RESTRICTIO t,uRDER BY NOTICE OF ANNEXATION FOR c~oa D1LxBLraY FAIR SUBDIVISION NO. 2 / ' 93 JUL 16 Pfd `i 06 KNOW ALL MEN BY THESE PRESENTS that B.W., Inc., an Idaho corporation, the "Declarant" is the owner of that certain real property located in Ada County, Idaho, described as Danbury Fair No. 2 Subdivision, according to the official plat thereof recorded as instrument No. 9351000,~Book 62 of Plats, Pages 6281 and 6282, Records of Ada County, Idaho (hereinafter the "Real Property"). W I T N E S S E T H WHEREAS, Declarant has heretofore filed that certain Declaration of Covenants, Conditions and Restrictions of Danbury 'Farr Subdivision No. 1, which declaration was recorded on May 5, 1992, as instrument No. 9228656, Records of Ada County, Idaho, (hereinafter the "Declaration"); and WHEREAS, Declarant has heretofore filed that certain. Supplemental Declaration of Covenants, Conditions and Restrictions of Danbury Fair Subdivision No. 1, which supplemental declaration was recorded on May 22, 1992, as instrument No. 9233220, records of Ada County, Idaho, (hereinafter "Supplemental Declaration"); and WHEREAS, Declarant has heretofore filed that certain Amendment to Declaration of Covenants, Conditions and Restrictions of Danbury Fair Subdivision No. 1, which amendment to declaration was recorded SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND NOTICE OF ANNEXATION FOR DANBURY FAIR SUBDIVISION NO. 2 - P. 1 07/16/93ljma ~ ~ on May 6, 1993 as instrument No. 9334001, records of Ada County, Idaho (hereinafter "Amendment to Declaration"); and WHEREAS, said Declaration, Supplemental Declaration and Amendment to Declaration shall hereinafter be referred to as the "Original Covenants"; NOW, THEREFORE, pursuant to Article XIV of the Declaration, Declarant hereby declares that the Real Property shall be held, sold, conveyed, and be subject to the Original Covenants, which Original Covenants are hereby incorporated by this reference as if fully set forth herein, except that the following paragraphs of the Original Covenants shall be amended as follows: 1) Article I, Section 2, "PROPERTIES" shall mean and refer to the "Real Property" hereinbefore described in addition to the real property described in the Original Covenants. 2) Article IV, Sub-paragraph B, shall be amended to read in its entirety as follows: B. On July 1, 1996. 3) The first full paragraph of Section 1 of Article XIV shall be amended in its entirety to read as follows: Section 1. ~im° for A_~nexat~on; Land Subiect to r~nexation: Declarant hereby reserves the right to annex any continuous real property, including but not limited to the property specifically described in exhibit "A" attached hereto, into the project by recording a Notice of Annexation or Supplemental Declaration particularly describing the real property to - be annexed and added to the project created by this Declaration pursuant to the provisions of this Article XIV. SUPPLEMENT O DANNE~XATION FOR DANBURYSFAIRNSUBDIVIS ON NOST 2ICTPON2 AND NOTICE mn~i~a This. Supplemental Declaration and Notice of Annexation for Danbury Fair Subdivision No. 2 is executed on this 16th day of July, 1993. B.W., ..INC. STATE OF IDAHO ) ss. COUNTY OF ADA ) B ~~ -~....~ - Den is M. Baker, President On this day of July, 1993, before me, a Notary Public in and for said tate, personally appeared Dennis M. Baker, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year in this certificate first above written. N ary Public for Idaho Residing at Boise, Idaho My Commission Expires : ~~~ 9~ 9~ .. , ,, ., . r: •, . <, s u°~w .. .. •,r SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS _ AND NOTICE OF ANNEXATION FOR DANHURY FAIR SUBDIVISION N0. 2 - P. 3 mn~~a ~ ~ ~ _. • '= DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF DANBURY FAIR SUBDIVISION NO. 1 THIS DECLARATION is made on the date hereinafter set forth by B.w., INC., an Idaho corporation, hereinafter referred to as "Declarant." W I T N E S S E T H WHEREAS, Declarant is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the properties," more particularly described as follows: DANBURY FAIR SUBDIVISION NO. 1, according to the official plat thereof, recorded in Book Go of Plats at Pagesg 7t~~ 58~, as Instrument No. 42z8ob7 recorded on the ~ day of /~g~, 1992, records of Ada County, Idaho; and WHEREAS, Declarant desires to subject the above described properties to certain protective covenants, conditions,. restrictions, reservations, easements, liens, and charges for the benefit of the properties and their present and subsequent owners as hereinafter specified, and will convey the properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the properties above described shall be held, sold and conveyed upon and .subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall run with the properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE I: DEFINITIONS The following terms shall have the following meanings: Section 1. "ASSOCIATION" shall mean and refer to Danbury. Fair Homeowner's Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 1 s22ssss ~~ Aut: Cam!; , i D. FOR _ J. DAVID Pdr.`1',RRO RECORDcR I ~~ O O ' 92 ~~~ s P(~ 1 22 ~'' ;' '' ; • ~ Section 2. "PROPERTIES" shall mean and refer certain real property hereinabove described. '~o that Section 3. "COMMON AREA" shall mean all real property and improvements thereon (including private streets, drives, parking areas and recreational facilities) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: Lot 1, Block 3, Lot 1, Block 4, Lot 1, Block foot 5, Lot 4, Block 6, and the five (5) pedestrian easement located along the westerly boundry of Lot 5, Block 6 of DANBURY FAIR SUBDIVISION NO. 1, according to the official plat thereof, recorded in Book 60 of Plats at Pages 58 58 S', as Instrument No. 922gOb , recorded on the / S~ day of !~-~ 1992 , records of Ada County, State of Idaho. "LOTS" shall mean and refer to any plot of land Section 4. shown upon any recorded subdivision map of the properties, with t e exception of the Common Area. Section 5. "OWNER" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot which is part of the properties, including contract sellers, but excluding those having such interest merely as security for trs of Lot~lan Block 1 andbLota11O81ock 2•further excluding the owne Section 6. "DECLP,RANT" shall mean and refer to B.W. Inc., an Idaho corporation, its successors, heirs and assigns, if such successors, heirsom the dec larant forlthe purpose ofrdevelopmente undeveloped lot fr Section 7. "DECLARATION" shall mean and ref licable to Declaration of Covenants, Conditions and Restrictions app the properties recorded in the Office of the County Recorder of Ada County, State of Idaho. Section 8. DWELLING UNIT" shall mean thaot eo fam ly rasara of any structure intended to be occupied by dwelling unit, together with the vehicular parking garage next thereto, and all projections therefrom. Section 9. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Dwelling Unit or any part thereof is encumbered. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 2 Section 10. "MORTGAGEE" shall mean any person or any successor to the interest of such person named as the mortgagee, trust beneficiary or creditor under any mortgage, as mortgage is defined in Section 9. Section 11. "FIRST MORTGAGEE" shall mean any Mortgagee, as defined in Section 10, possessing a lien on any Dwelling Unit first and prior to any other Mortgage, as that term is defined in Section 9. Section 12. "INSTITUTIONAL HOLDER" shall mean a Mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. ARTICLE II: PROPERTY RIGHTS Section 1. Eniovment of Common Area: Each Owner shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every lot, subject, however, to the following provisions: A. The right of the Association to charge reasonable maintenance and other fees for the use and maintenance of any landscaping improvement or facility situated upon the Common Area. B. The right of~ the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. c. The right of the Association to limit the number of members permitted to use the Common Area. D. The right of the Association to charge reasonable admission fees for the use of any recreational facility situated upon the Common Area or otherwise controlled by the Association, including, particularly, the right to charge a special use fee for members who desire exclusive short-term use of such facility and who are willing to pay a special fee or assessment for such use. E. The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 3 1 1 • • • improving the Common Area and facilities; and, in aid thereof, to place a mortgage or trust deed thereon, which shall be a first and prior lien thereagainst; provided that the Common Area may not be mortgaged or conveyed without the consent of at least 66-2/3$ of the Owners (excluding the developer), and that any conveyance or mortgage of Common Area shall be subject to and subordinate to rights of ingress or egress of an Owner to his/her lot. F. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members; provided, however, that except as to the Association's right to grant easements for utilities and similar or related purposes, no part of the Common Area and facilities may be alienated, released, transferred, hypothecated or otherwise encumbered without the written approval of all First Mortgagees and two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly held for this purpose. G. The right of the Directors of the Association to promulgate reasonable rules and regulations governing such right of use, from time to time, in the interest of securing maximum safe usage of such Common Area by the members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said property, including, without being limited thereto, rules restricting persons under or over designated ages from using certain portions of said property during certain times and reasonable regulations and restrictions regarding vehicle parking. Section 2. Delegation of Use: Any member may delegate, in accordance with the rules and regulations adopted from time to time by the directors, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers, provided they reside on the property. ARTICLE III: MEMBERSHIP Every Owner of a lot which is subject to assessment shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the payment of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any lot which is DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 4 subject to assessment. Such ownership shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. Absolute liability is not imposed on Owners/members for damage to Common Areas or lots in the subdivision. ARTICLE IV. VOTING RIGHTS The Association shall have two classes of voting membership: Class A: Class A members shall be all Owners, with the exception of the Declarant and owners of Lot 1, Block 1 and Lot 1, Block 2, and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Fractional votes shall not be allowed. The vote applicable to any said lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Class B: Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class B membership shall either of the following eventsss wh cheverso curs the happening of f first A. When the total votes membership equal the tota B membership; or B, On February 1, 1994. outstanding in the Class A 1 votes outstanding in the Class ARTICLE V: ASSESSMENTS Section 1. c,~eation of Lien and Personal Obligation of Assessments: Each Owner of any lot with the exception of Lot 1, Block 1 and Lot 1, Block 2, by acceptance of a deedishdeemed (whether or not it shall be so expressed in such deed), to -covenant and agree to pay to the Association: A. Regular annual or other regular periodic assessments or charges; and B. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 5 ~ i The regular and special assessments, together with interest, costs of collection and reasonable attorney's fees shall be a charge on the lot and shall be a continuing lien upon the lot against which such assessment is made. Each such assessment, together with• interest, costs of collection and reasonable attorney's fees, shall also be the personal obligation of the Owner of such lot at the time when the assessment fell due. The obligation shall remain a lien on the lot until paid or foreclosed, but shall not be a personal obligation of successors in title, unless expressly assumed. Section 2. ~irpose of Assessments: The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in said property and Common Area, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area, including, without being limited thereto, the payment of taxes, domestic water and sewage charges and insurance on all or any part of said properties, improvement and maintenance of the Common Area, and to pay irrigation water assessments, if any. Section 3. Maximum Annual Assessment: Until January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment shall be $90.00 ($7.50/mo.) per lot. A. From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased each year not more than ten percent (10$), or the maximum percentage increase allowable by Federal National Mortgage Association (whichever is greater), above the maximum assessment as set forth above. B. From and after January 1 of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased above the amount set forth in the preceding paragraph by a vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. C. The Board of Directors may fix the annual assessment at an amount not in excess of the maximum; and said assessments shall be payable to the Association in regular monthly installments. Section 4. Special Assessments for Capital Improvements: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 6 • In addition to the regular assessments authorized above, the ' Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable over such a period as the Association shall determine. Section 5. Notice and 4uorum for Any Action Authorized Under Sections 3 and 4: Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60$) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for non-exempt lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments; Due Dates: The annual assessments provided for herein shall commence as to a lot sold on the first day of the month following the conveyance of the said lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified lot have been paid. A properly executed certificate of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments; Remedies of Association: Any assessment not paid within thirty (30) days DECLP,RATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 7 after the due ~te shall bear interest from the due date at the rate of twelve percent (12$) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Section 9. Subordination of the Lien to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien or any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Exempt Property: The following property, subject to this Declaration, shall be exempt from the assessments created herein: A. All property expressly dedicated to and accepted by a local public. authority; B. The Common Area; C. All other properties owned by the Declarant or the Association; and D. All lots owned by Declarant, until title is transferred to another, or until occupancy, whichever occurs first. E. Lot 1, Block 1 and Lot 1, Block 2. ARTICLE VI. EASEMENTS Section 1. Future Easements: The Association shall have the future right to provide for such easements across, upon and under the surface of the Common Area as platted herein as may be reasonably necessary to serve the interests and convenience of the property owners of this subdivision for public or private ways, public utilities (including cable television), drainage, access, subterranean irrigation lines, eave and balcony overhangs. Section 2. Encroachments: In the event that, by reason of the construction, settlement or shifting of the building, any part of any unit or drainage water from any Lot or Unit encroaches or shall hereafter encroach upon any part of the Common Area or any adjacent lot, easements for the maintenance of such encroachment DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 8 • ' ~ and for such use of the areas encroached upon are hereby established and shall exist for the benefit of said unit, so long as all or any part of the buildings shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of the Common Area or adjacent units be created in favor of any Owner of such encroachment or use if it is detrimental to or interferes with the reasonable use and enjoyment of the property by other Owners and if it occurred due to the willful conduct of any Owner. Section 3. Easement for Maintenance: The Association shall have a permanent easement to go upon the privately owned property of Owners in this subdivision to perform maintenance upon the grounds, including, but not limited to, snow removal, lawn maintenance, utility service and drainage system maintenance, subterranean irrigation water system maintenance and perimeter fence maintenance, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance and repair of utility service connections and drainage systems. ARTICLE VII: MAINTENANCE RESPONSIBILITY The Association shall provide maintenance to the Common Areas and improvements thereon, including any Association-owned street lights. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his Unit and any private decks, fences, courtyards, landscaping and lawn contiguous to his Unit, the maintenance of which shall be done by the Association. The Association reserves an easement for ingress, egress and maintenance as may be reasonably necessary to perform the maintenance duties of the Association. In the event of damage or destruction of a Dwelling Unit by fire or other casualty, the owner must complete repair and/or replacement of the Dwelling Unit within ninety (90) days of the damage or destruction. ARTICLE VIII: PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the properties and shall be for the benefit of and limitations upon all DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 9 • • present and future Owners of said property, therein: A. or of any interest Lot Use: No lotand1thetcommoneareanlotsLoshallBbecused Lot 1, Block 2, y ose. No lot or except for single-famil residential pure the Common Area shall be used for the co All lot and trade, business or professional activity. with all improvements constructed thereon must comply applicable governmental rules, ordinances, laws, statutes and regulations. ,The Owner of each to erm tted oherein construction of a Dwelling Unit as p within two (2) years after the Declarant the first conveyance of a lot to an Owner by Lot 1, Block 1 and Lot 1, Block 2 may be used for a permitted use under Limited Office Designation under laws and ordinances of cteonl the datelofarecordationyofsthis of Idaho, in of document. B, Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said property, except that two dogs, cats or other household pets may be kept within a Unit or within a fenced area. Any animals outside a Unit or fenced area must be on leashes, and the O the immed ate cleanup of the animalls be responsible for droppings. C. Garbacte and Refuse Disposal : No part of sai ra nd efor shall be used or maintained as a dumping g trash or rubbish, trash or other waste. No garbage, art of other waste shall be kept or maintaine containerp Any said property except in a sanitary incinerators or other equipment for the storage or disposal of such material must not violate setback restrictionandmshalle be ckeptd i to clean tand lsanitary or fence, condition. p. Nuisance: No noxious or offensive ° artu of gsaid conditions shall be permitted upon any p property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No exposed radio antennae or satellite dishes royal of erected on the properties without the prior aproval may the Architectural Control Committee, which app be withheld in its sole discretion. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 10 ~, ~ • E. Outbuildings: No trailer, truck camper, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said properties. F. Storage of Vehicles and Equipment: Parking of boats, trailers, motorcycles, trucks, truck campers, motorhomes, recreational vehicles, and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any lot nor on public ways or Common Area adjacent thereto, .except under such circumstances, if any, as may be prescribed in writing by, and in the sole discretion of the Board of Directors of the Association, which discretion may not be challenged for having been exercised unreasonably. All other parking of equipment shall be prohibited, except as approved in writing by the Board of Directions of the Association. Any vehicle awaiting repair or being repaired shall be removed from the subdivision within 48 hours. G. Sight Distance at Intersections: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three feet (3') and eight feet (8') 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 at points 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 feet (10') from the intersection of a street property line with the edge of a driveway or alley pavement. H. Leasing Restrictions: Any lease (as defined below) between an Owner and his tenant shall provide that the terms of the lease shall be subject in all respects to the provisions contained in this Declaration, the Association's Articles of Incorporation and its Bylaws, and that any failure by said tenant to comply with the terms of such documents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall mean any agreement for the leasing or rental of a Dwelling Unit (including a month-to-month rental agreement); and all such Leases shall be in writing. Other than the foregoing, there is no restriction on. the right of any Owner to lease his Dwelling Unit. I. Sewer Restrictions: All bathroom, sink and toilet facilities shall be located inside the Dwelling Unit or DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 11 • other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connec- tion lines which have been provided to each lot. All recorded lots within this subdivision shall be subject to and restricted by the following recorded subdivision covenants: 1. A monthly sewer and water charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. 2. Owner shall submit to inspection by the Sewer Department, the Water Department, and the Department of Building whenever a subdivided lot is to be connected to the sewage system constructed and installed on and within its property. 3. The applicant/owner of this subdivision or lot or lots therein shall and hereby does vest in Boise City the right and power to bring all actions against the owner of the premises hereby conveyed or any part thereof for the collection of any charges herein required and to enforce the conditions herein stated. This covenant shall run with the land. J. Landscaginq: Within thirty (30) days after occupancy of the dwelling unit located thereon, each lot shall have in the front yard rolled (sod) lawns, two (2) deciduous or conifer trees at least two inches ( 2" ) in diameter and ten (10) shrubs or bushes as approved by the Architectural Control Committee. During construction of the dwelling unit, there shall be installed in the front yard within ten feet (10') of the front boundary line, a photosensitive pole light designed to switch on automatically at sunset and off at sunrise with a minimum bulb power of 60 watts. K. Parking Rights: Any automobile or other vehicle used by any Owner shall be parked in the driveway or garage which is a part of his Dwelling Unit. ARTICLE IX. BUILDING RESTRICTIONS Section 1. Building Restrictions: No buildings shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single-family dwelling, containing a minimum with the exception of common area lots and Lot 1, Block 1 and Lot DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 12 • • 1, Block 2, interior living space no less than that required minimum area set forth on the plat described on page 1 hereof, and may not exceed thirty feet (30') in height, and a private garage for two (2) motor vehicles. Each dwelling unit may not be occupied by more than one (1) family. Section 2. Setbacks: No improvements may be constructed or maintained on a lot closer than twenty feet (20' ) from the front property line, fifteen feet (15') from the rear property line, five feet (5') from the interior side property lines, or twenty feet (20') from an exterior side property line. Section 3. Construction Requirements: Each dwelling unit must have at least two exterior lights illuminating the garage door openings and one exterior light for the front entryway(s). ARTICLE X. ARCHITECTURAL CONTROL Section 1. Architectural Control: No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. No dwelling, fence, building, garage or other structure shall be built, erected, placed, materially altered or materially repaired which shall alter the surface colors or texture of any Unit or portion thereof unless and until plans, specifications and color scheme have been reviewed in advance by the Committee and the same has been approved in writing, conditionally or otherwise. The requirements 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 exception of alteration of a garage or carport into living area. Plans of all structures to be erected on any lot or within the Common Area must be submitted to and approved by the Committee. Complete plans and specifications of all proposed buildings and structures, together with a detailed plan showing proposed location on a particular lot, shall be submitted to the Committee before any construction or alteration is commenced, and such construction or alteration shall not be commenced until approval therefor is given by the Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 13 • As to all improvements, construction and alteration upon any ~' ~ lot or the Common Area, the Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, 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 building or of the structure or alteration therein as 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. The exterior design and color scheme of Units and all landscaping of Common Area, especially with respect to placement and types of trees planted in such area, shall be approved by the Committee only after consultation with and written approval of the Board of Directors of the Association, provided the recommendation, suggestions or decisions made by that Board, or its withholding of approval, are not unreasonable. The Board of Directors of the Association shall appoint members to the Architectural Control Committee at each annual meeting of the Board. If that Board does not act on this or any other proposal requiring its approval within thirty (30) days following submission thereof, it shall be deemed approved. Section 2. Certification by Secretary: The records of the Secretary of the Association shall be conclusive evidence as to all matters shown by such records and the issuance of a certificate of completion and compliance by the Secretary or Assistant Secretary of the Association showing that the plans and specifications for the improvement or other matters herein provided for have been approved and that said improvements have been made in accordance therewith, or a certificate as to any matters relating to and within the jurisdiction of the Association by the Secretary thereof, shall be conclusive evidence that shall fully justify and protect any title company certifying, guaranteeing or insuring title to said property, or any portion thereof or any lien thereon and/or any interest therein as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any action or suit under this Declaration. After the expiration of one (1) year following the issuance of a building permit therefor by municipal or other governmental authority, any structure, work, improvement or alteration shall, as to any purchaser or encumbrancer in good faith and for value and as to any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 14 • • title company which shall have insured the title thereof, be deemed ' ~ to be in compliance with all the provisions hereof unless a notice of noncompliance executed by the Association shall have appeared of record in the office of the County Recorder of Ada County, State of Idaho, or unless legal proceedings shall have been instituted to enforce completion or compliance. Section 3. Construction and Sales Period Exception: During the course of construction of any permitted structures or improvements and during the initial sales period, the restrictions (including sign restrictions) contained in this Declaration or in any supplemental declaration shall be deemed waived to the extent necessary to permit such construction and the sale of all Dwelling Units; provided that, during the course of such construction and sales, nothing shall be done which will result in a violation of these restrictions upon completion of construction and sales. Further, Declarant shall have the right to select and use any individual Dwelling Units owned by it as models for sales purposes. ARTICLE XI: INSURANCE AND BOND Section 1. Tunes of Insurance: The Association may obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage, in addition to any insurance coverage required hereunder ro r ate from t me t ltimech forms as the Association may deem app p The Association may secure and maintain at all times the following insurance and bond coverage: A. A multi-peril-type policy covering any Common Area improvements, providing as a minimum fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100$) of the insurable value (based upon replacement cost). B. The Association must, if available at a reasonable cost, have a comprehensive policy of public liability insurance covering all of the common areas, commercial spaces and public ways in the properties. Such insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of a Dwelling Unit Owner because of negligent acts of the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 15 •,: Association or other Owners. The scope of coverage must '~~ ~ ~ include all other coverage in the kinds and amounts required by private institutional mortgage investors for location and use. If projects similar in construction, the properties benfor at least $1000, 000 per occurrence, coverage shall for personal injury and/or property damage. C. The following additional provisions shall apply with respect to insurance: 1. Insurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their mortgages. of insurance obtained by the 2. Each policy ossible, provide: A waiver Association shall, if p of the insurer's subrogation rights with respect to the Association, its officers, the Owners and their that it respective servants, agents and guests; cannot be cancelled, suspended or invalidated due to the conduct of any agent, officer or employee of the Association without a prior~no therdinsurancet the defect be cured; that any 1 with respect to clause therein shall not aPP the Owners. insurance held individually by 3. All policies shall be written by a company licensed to write insurance in the State of Idaho and all hazard insurance policies shall be written by a hazarst'ssInsurance Reports ofl Class VI orlbetterg by Be 4. Notwithstanding anything herein contained to the contrary, insurance coverage must be in such amounts and meet other requirements of the Federal Home Loan Mortgage Corporation. D. The Association shall purchase workmen's compensation and employer's liability insurance and all other similar insurance with rin the formspnoweor hereaft r required by the amounts and law. E. The Association may obtain insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the properties, including any personal property of the Association DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 16 • • • ~ ~ ~ , , located thereon . • ARTICLE XII: ~nNnEMPTATION Section 1. consecruences of Condemnation: If at any time or times, all or any part of the Common Area shall be taken or condemned by any public authority or sold or otherwrovisionssshall in lieu of or in avoidance thereof, the following p apply. Section 2. Proceeds: All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "condemnation award," shall be payable to the Association. Section 3. A~~ortionment: The condemnation award shall be apportioned among the Owners equally on a per-lot basis. The determine the share of Association shall, as soon as practicable, the condemnation award to which each Owner is entitled. Such shares shall be paid into separate accounts, one account for each Lot. -Each such account shall remain in the name of the Association and shall be further identified by Lot number the Association,tas Owner thereof. From each separate account, attorney-in-fact, shall use and disburse the total amount offirst accounts, without contribution from one account to the other, to Mortgagees and o ~heliensnoandlthe ebalance remaini g to teach Mortgages and oth respective Owner. ARTICLE XIII: MORTGAGEE PROTECTION Notwithstanding anything to the contrary contained in this Declaration or in the Articles or Bylaws of the Association: A. The Association shall maintain an adequate reserve fund for the performance of its obligations, including the maintenance, repairs and replacement of those common elements and improvements thereon, and such reserve shall be funded by at least quarterly assessments. B. The holders of First Mortgages shall have the right to examine the books and records of the Association and to require annual reports or other appropriate financial data. C. Any management agreement for the properties or Common Area, or any other contract providing for services of the developer, sponsor or builder, shall be terminable (i) by the Association for cause upon thirty (30) days' written notice thereof, and (ii) by either party without cause DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 17 .` • and without payment of a termination fee on ninety (90) days' or less written notice thereof , and ewer term of any such agreement shall not exceed one (1) y p. Any lien which the Association may have on any Dwelling Unit for the payment of assessments attributable to such Unit will be subordinate to the lien or equivalent security interest of any Mortgage on the Unit recorded prior to the date notice of such assessment lien is duly recorded. E. Unless all institutional holders of First Mortgages have given their prior written approval, the Association shall not: 1. By act or' omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area property owned, directly or indirectly, by such Association for the benefit of the Owners. (The granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area property shall not be deemed a transfer within the meaning of this clause.) 2. Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. 3. By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Dwelling Units, the maintenance of the Common Area property, party walee~ of lawns andfplantings in the subdivisionhe upk p 4. Fail to maintain fire and extended coverage on insurable Common Area property on a current replacement cost basis in an amount not less than one hundred percent (100$) of the insurable value (based on current replacement cost). 5. Use hazard insurance proceeds for losses to any Common Area property for other than the repair, replacement or reconstruction of such Common Area property. 6. Amend materially this Declaration, the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 18 . ~. ~ • ~ ~ Association's Articles of Incorporation, or its Bylaws. 7. Terminate professional management and assume self- management of the properties. ARTICLE XIV: ANNEXATION Section 1. Time for Annexation: Land Subiec* Annexation: Declarant hereby reserves the right to annex the real property described in Exhibit A attached hereto, or any portion thereof, into the project by recording a Notice of Annexation or Supplemental Declaration particularly describing the real property to be annexed and added to the project created by this Declaration, pursuant to the provisions of this Article XV. Upon the recording of a Notice of Annexation containing the provisions set forth in this Section (which Notice may be contained within a Supplemental Declaration affecting such property), the covenants, conditions and restrictions contained in this Declaration shall apply to the added land in the same manner as if it were originally covered by this Declaration and originally constituted a portion of the project; and thereafter, the rights, privileges, duties and liabilities of the parties to this Declaration with respect to the added land shall be the~same as with respect to the original land, and the rights, privileges, duties and liabilities of the owners, lessees and occupants of Lots and Units within the added land shall be the same as in the case of the original land. Notwithstanding the foregoing, any Supplemental Declaration may provide a special procedure for amendment of any specified provision thereof, e.g., by a specified vote of only the owners of Units within the area subject thereto. Any provision of a supplemental Declaration for which no special amendment procedure is provided shall be subject to amendment in the manner provided in this Declaration. Section 2. Procedure for Annexation: Any of the above described real property may be annexed into the project by the recordation of a Notice of Annexation executed by Declarant and containing the following information: A. A reference to this Declaration, which reference shall state the date of recordation hereof and the Recorder's instrument number or the book and page of the official records of Ada County where this Declaration is recorded; B. An exact legal description of the added land; C. A statement that the provisions of this Declaration shall DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 19 .~ ~ • " ~ apply to the added land, as set forth herein; and D. A statement of the use restrictions applicable to the annexed property, which restrictions may be the same or different from those set forth in this Declaration. ARTICLE XV: GENERAL PROVISIONS Section 1. Enforcement: The Association or 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 the Association, or 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. Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association or the legal Owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted, may be amended by an instrument signed by members entitled to cast not less than sixty- six and two-thirds percent (66-2/3$) of the votes of membership. Any amendment must be recorded. Section 4. Assignment by Decl ant: Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned, and upon any such corporation or association evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by Declarant alone, so long as it owns any interest in any portion of said property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 20 ,, .. ~. • IN WITNESS WHEREOF, the Declarant has caused its cor or name to be hereunto subscribed and its corporate seal affixed ~ day of ~ 7~L " P ate 1992, this DECLARANT; B.W., Inc. President STATE OF IDAHO ~ County of Ada ss. On this ~ day of ~~ undersigned Notary Public in ~ 1992, before me, the appeared DENNIS M. and for said State, dent of B.W. BAKER known or identified to me to be thesPresiy Inc., the corporation that executed the within instrument, or the person who executed the instrument i said corporation, and acknowledged to me that such corehalf of executed the same. poration IN WITNESS WHEREOF, affixed my official seal the day above written. ,,. . ~~,. Y I have hereunto set my hand and and year in this certificate first NOTARY PUBLIC, State of Idaho Residing at Boise, Idaho My Commission Expires: ~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, p. 21 • Meridian City Council January 17, 1995 Page 3 ITEM #7: TABLED JANUARY 3, 1995: SUBDIVISION BY JLG BUILDERS: PRELIMINARY PLAT FOR GROVE RUN The motion was made and seconded to deny the Preliminary Plat for Grove Run Subdivision. MOTION CARRIED: All Yea ITEM #8: TABLED JANUARY 3, 1995: FINDIHESLgKEAAT CHERRYCLANE NOO3 LAW FOR VARIANCE REQUEST FOR SUBDIVISION BY STEINER DEVELOPMENT: Councilman Morrow resumes his seat. Moved by Councilman Morrow and seconded by Councilman Yerrington to approve the findings of fact and conclusions of law. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea It was moved and seconded to approve the decision as written and to grant the street frontage variance. MOTION CARRIED: All Yea ITEM #9: TABLED JANUARY 3, 1995: R E~N R D IVELOPNIEN ~R THE LAKE AT CHERRY LANE NO. 3 SUBDIVISION BY S Moved by Councilman Morrow and sec Lane No. 3 meetingaall staff commentsrove the revised Final plat for The Lake at Cherry MOTION CARRIED: All Yea ITEM #10: TABLED JANUARY 3, 1995: ORDINANCE #689 - DANBURY FAIR ANNEXATION: The motion was made and seconded to approve Ordinance #689 with suspension of the rules. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea Meridian City Council January 17, 1995 Page 4 MOTION CARRIED: All Yea ITEM #11: AMENDED ORDINANCE#617 - ENGLEWOOD CREEK SUBDIVISION: The motion was made and seconded to approve Amended Ordinance #617 with suspension of the rules. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #12: AMENDED ORDINANCE #683 - LA PLAYA (FORMERLY BRANDON CREEK) The motion was made and seconded to approve Amended Ordinance #683 with suspension of the rules. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #13: FINAL PLAT: ASHFORD GREENS SUBDIVISION, 54 LOTS BY BRIGHTON CORPORATION: Gary Smith and Shari Stiles reviewed their comments. The Developer, David Turnbull, has no problems with staff comments. The motion was made by Councilman Morrow and seconded by Councilman Tolsma to approve the final plat for Ashford Greens Subdivision conditioned upon meeting staff conditions. MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO L-0 BY JOHN THOM: Helen Alidjani testified before the Council and r tome toedreh areh Thebes was no othee continued on February 7, 1995 so she could have p P testimony. The motion was made and seconded to continue the public hearing at the February 7, 1995 meeting. • • ~ t ORDINANCE NO. 689 AN ORDINANCE OF THE CITY SCR BED AS A PARCEL OF~LAND LYING INTTHE REAL PROPERTY WHICH IS DE R.lE. B.M., ADA COUNTY, SW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N.,. - IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land 1B M 9 AdahCounty/4 Idaho,e more /particularly 7, T.3N., R.lE., described as follows: Commencing at the center 1 / 4 corner of section 7 , T . 3N . , R.lE., B.M. thence North 89°07'04" East along the East-West center of section line which line is also the centerline of East Pine Street, for a distance of 661.88 feet to the Southeast corner of the s id lointfbeing the REALtPOINT 1/4 of said section 7, P OF BEGINNING; thence North 0°06'00" East along the Easterly line of said West 1/2 of the SW 1/4 of the NE 1/4 for a distance of 956.99 feet; thence South 89°07'04" West for a distance of 441.95 feet to a point on the centerline of Five Mile Creek, said point being a point on a curve on said centerline; thence-20.76 feet along the arc of a curve to the right, said curve having a radius of 220.00 feet, a 76nfeet angle of 5°24'28" and a chord distance of 20. which bears South 34°38'33" West to a point of tangent; thence South 36°12'09" West along said centerline for a distance of 162.14 feet; thence South 0°45'19" East along said centerline for a distance of 367.20 feet; Page 1 ANNEXATION ORDINANCE - DAriBURY FAIR 5, 6 & 7 thence South 38°17'00" East along a portion of said Five Mile Creek thetEastnWestrcentertofcsectionglinefeet to a point on thence North 89°07'04" East along said center of section line for a distance of 197.16 feet to the REAL POINT OF BEGINNING, containing 10.04 acres more or less. ALSO INCLUDING A parcel of land being lots 1, 2, 8 and a portion of lot 7 of the EASTSIDE ADDITION to Meridian as same is shown on the plat thereof recorded in Book 4 of plats at page 158 of Ada County Records, said parcel located B ~th Ada 1/4 of the NE 1/4 of section 7, T.3N., R.lE., County, Idaho more particularly described as follows: commencing at the Northwest corner of the SE 1/4 of the NE 1/4 of section 7, T.3N., R.lE., B.M. said point being the Northwest corner of said Eastside Addition to Meridian and the REAL POINT OF BEGINNING; thence North 89°36'07" East along the North boundary line of said SE 1/4 of the NE 1/4 and said Eastside Addition for a distance of 1297.07 feet to a point on the Westerly right-of-way of North Locust Grove Road and also being the Northeast corner of Lot 1 of said Eastside Addition; thence South 0°00'00" West along said right-of-way line for a distance of 650.08 feet to the Southeast corner of Lot 2 of said Eastside Addition; thence South 89°21'51" West along the south lot line of said Lot 2 for a distance of 668.94 feet to the Southeast coornethefWesterly rightEoftwayelinelof Adkins point being Street; thence N • the East„ 1 t line not ssa d Lote7lfor ahdistance line and of 125.00 feet; thence South 89°21'51" West for a distance of 180.00 feet; thenceoint on the South slotoline of said Lot 2~ ~ 00 feet toap thence South 8 of2448194 feet to thesSouthwest cornerlof for a distance said Lot 7; thence North 0°04'01" East along the Westerly boundary line of said Eastside Addition for a distance of 655.47 ANNEXATION ORDINANCE - DANBURY FAIR 5, 6 & 7 Page 2 ~ • L~ feet to the REAL POINT OF BEGINNING containing 18.93 acres more or less. Including a strip of N. Locust Grove Road Right-of-Way being 25 feet in width adjacent and parallel with the easterly boundary of the above described tract of land. The easterly side of said strip also being the East boundary line of said Section 7, and centerline of N. Locust Grove Road. is hereby annexed to the City~of Meridian, and shall be zoned R-8 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. 6 & 7 Page 3 ANNEXATION ORDINANCE - DANBURY FAIR 5, • • Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~ ~ t~ day of January, 1995. APPROVED: R -- GRANT P K O D ATTE T: WILLIAM G. BERG, R: -- CITY CLERK ANNEXATION ORDINANCE - DANBURY FAIR 5, 6 & 7 Page 4 • STATE OF IDAHO,)- . ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY. WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE SW 1/4 OF THE NE 1/4 OF SECTION 7, T.3N., R.lE., B.M., ADA COUNTY, IDAHO, AND PROVIDING AN EFFECTIVE DATE"; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. 689, b the City Council and Mayor of the City of Meridian, on the ~r'E' day of January, 1995, as the same appears in my office. DATED this ~~ day of January, 1995. ;.,~ - ~ ~ ~. ~x ,. ~ Vic: - f~, ,,"`~~~,;~ .,, '''~'~~ '=City Clerk, City f Meridian `~` ~'~ ` ~ J}- ~y ~' ~P,~a County Idaho r.~ A ~ ~ 'i '.K SRi •~ .. ..... .. j ~` .2~ ~ f .c 2 ~., ±+ '~ - ) 'S . STATE OF IDAHO ) ,;~~.°' ."' ~~`" -;-~-'"'-i"^ +.~~ County of Ada, ) `'~=--~ww:.~= On this ~~ day o,f January, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he 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. ~,,,~,.,, _ J ~'~ .°~' _~~'~ ' _ ~ .. ~ ,~ _ ^`~ .. ,~ '. w 1 y V SEAL - ~ '' ,e~~; `, 1 ~ ,~ 4 .r 41 , ' ,0 11:e2:1 No Public for Idaho es' ing at Meridian, Idaho Commission Expires ANNEXATION ORDINANCE - DANBURY FAIR 5, 6 & 7 Page 5 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chfef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA I CITY OF MERIDIAN T D WAL W ORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 Planner a Zoning Administrator Phone (208) 888-4433 ~ FAX (208) 887813 JIM JOHNSON Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor January 3, 1995 To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer Re; ORDINANCE NO. 689 - Danhury Fair 5, 6 & 7 I have reviewed this Ordinance's legal description, and have found some discrepancies. The description for the third parcel doesn't include 1/2 of the right-of--way of North Locust Grove Road. I would recommend that this Ordinance be tabled until such time as corrections are made. ~r • ~ ~~c~i~r~~ ~ a H 2 s ~sss CITY OF MERIDIAN '~a~r~ea & ~~i~ridiast ~Ivtigat~ooi Dia.~ztet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 25 January 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Dennis Baker Boise 343-1884 SHOP: Nampa 466-0663 B . W . , IriC . Boise 345-2431 250 South Beechwood, Suite 120 Boise, ID 83709 RE: Proposed Urban Irrigation System - Danbury Fair Subdivisions - Owner/Developer Construction Contract Dear Mr. Baker: Over the last several months we have had either telephone conversations or written correspondence between the District and yourself or other representatives of B. W., Inc. concerning the above-referenced topic. Recently, John Anderson, the District's Water Superintendent, had indicated to me that you and others within B. W., Inc. have a reluctance to sign an owner/developer construction contract with the District for a pressure urban irrigation system in the above-referenced subdivisions. I take this opportunity to encourage you to contact me at the Office telephone number listed above or District's legal counsel, Steven Mahaffy, at 342-4591, to discuss the various aspects of the sample owner/developer construction contract. I have made every effort in the past to answer or clarify inquiries made by you or B. W., Inc, and I believe that there is a resolution to any problems that you may perceive to exist within the owner/developer contract. It is inevitable that if you desire that Nampa & Meridian Irrigation District to own, operate and maintain a pressure urban irrigation system in cooperation with Settlers Irrigation District, that the proper documents be executed and that the earlier the documents are signed, the more smooth the transition will be and the lower risk for liability exposure to any of the parties that may be involved. Page 1 of 2 • D APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 `~ ' ~ • 25 January 1995 Dennis Baker, B. W., Inc. Page 2 of 2 I once again take this opportunity to encourage you to contact either me or legal counsel to discuss and clarify any issues that you may have. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Mahaffy Attorney - Ringert /City of Meridian - Planning & Zoning City of Meridian - Mayor Grant Kingsford Ada County Development Services R.INGERT ~ ~ ~ 2 s ~ss5 CLARK ca~rv of ~Exra~Ar~ D. Blau C:larlc H A R T E R E D '"""a`r' "~ ""~`~ LAWYERS '~"`g~~t~ June 21, 19 9 5 lettrey R. chrrstenson James P. Kaufman Laura E. Burr) Allyn L. Sweeney Patrick D. Fwey Dan Torf in Michael 1. Doolime David tiammerquist B . W . IriC . Daniel v. steettson 250 S. Beechwood, Ste. 120 srevenc.wtahaty Boise, ID 83709 samuelKautman(lszl-isssi Re: Construction Contract for Pressurized Urban Irrigation System Within Danbury Fair Dear Mr. Torfin: ~I~write as attorney for Nampa & Meridian Irrigation District (NMID). On June 6, 1995, you requested I fax you a draft Construction Contract for Urban Irrigation System. It was my understanding you would review that document and contact me with your questions, comments and changes. As of the date of this letter, I have not heard from you. In the meantime, NMID has received several calls from Danbury Fair homeowners indicating their understanding that NMID did, indeed, own a pressurized system within your subdivision. It is not clear how the homeowners came to such an understanding. Regardless, those homeowners were informed that, since no contract between Danbury Fair and NMID existed, NMID did not own or operate any irrigation system within Danbury Fair Subdivision. Please understand NMID has no responsibility whatsoever for any pressurized urban irrigation system within Danbury Fair unless and until a contract for the same is entered into. Nevertheless, NMID is still ready, willing and able to enter a construction contract for pressurized urban irrigation system within Danbury Fair Subdivision. If you have any questions regarding this matter, please do not hesitate to contact me. Very t ly yo rs, teven C. Mah ffy SCM/cb cc: Patricia A. Cooper Will Berg City of Meridian. 33 East Idaho Meridian, ID 83642 455 South Third Street • P.O. Box ?773 • Boise, Idaho 83701 • 208/342-4591 F~UC 342-4657 • Meridian City Council December 15, 1994 Page 22 • Morrow: Mr. Mayor, I would move that we adopt the decision and recommendation which is the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the decision of P & Z, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Entertain a motion to approve of the conditional use permit. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to approve of the conditional use permit, all those in favor? Opposed? MOTION CARRIED: All yea ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR DANBURY FAIR SUBDIVISION 5,6 AND 7 BY B.W. INC.: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Dan Torfin, 250 S. Beechwood, Boise, was sworn by the City Attorney. Torfin: Mr. Mayor, members of the Council the applications before you tonight pertain a request for annexation and zoning of 2 parcels of land. The 2 lowers pieces that are colored in yellow and approval of a preliminary plat for 118 single family units. Phase 5 which is in the lower left hand corner contains 33 lots, we are proposing a little pocket park that would be developed with playground equipment in that area. We are also proposing a green belt along the Five Mile Creek which would be on the westerly side of the project. We are planning sewer and water for all of these phases. Phase 6 which is the middle piece contains 73 lots on 18.93 acres, those 2 parcels are the annexation parcels. This phase 6 the Ada County Highway District has approved the plat for all of this and this C~ Meridian City Council December 15, 1994 Page 23 • phase 6 they did require 2 stub streets, one to the north which is located at the north easterly quarter and then another stub street to Atkins Road. With the additional access out onto Locust Grove and Fairview and Pine Street, 2 access points on Pine Street, this subdivisions is provided with 4 access points. The northerly portion contains 12 lots on 3.07 acres and it was previously approved and annexed and we are just modifying it based on some rezoning that we did with that commercial out on Fairview. We are proposing similar to the existing Danbury Fair Subdivision to develop this project with 1100, 1200 and 1300 square foot structures, 25% 1100, 25% 1200, and then 50% would be 1300 or larger. In the findings, the approval from the Planning and Zoning Commission recommended that for the 2 parcels that were a minimum 1300 square feet. We take exception to-that because of the location of this project, it is adjacent to Locust Grove which is going to become a four or five lane road in the future. We are located adjacent to heavy commercial uses. Our neighbors are industrial uses, commercial uses and then we are also located to existing Danbury which is similar to what we are proposing. In the comments from the City Engineer, we have no problems with the comments other than he did request that we provide a traffic impact analysis. We have been approved by ACRD and we feel like we have adequate access. We don't need to provide further analysis for that. Like I said we are providing a bike path along the Five Mile Creek and would plan on turning that over to the City of Meridian and we would develop it and tum it over to the City of Meridian with the cooperation of Nampa Meridian Irrigation District. We are planning pressurized irrigation, we have designed we are retrofitting the existing Danbury Fair Subdivision and we have planned our source facility that will serve these new phases that are shown in yellow. I guess just to summarize it we feel very strongly about getting the 1100, 1200 and 1300 square foot mix that we propose. We are not proposing anything below 1100 which is allowed by the ordinance. A couple of problems that we have with that is that we would be buffering, if we went to the 1300 we would be buffering the smaller homes from industrial uses which is kind of a backwards scenario. We would have a tough time for our builders and a tough time for our builders to compete and getting appraisals that would work for them. So, I guess we would like the Council to reconsider the findings that the planning and zoning commission came up with and grant us approval to go with the 1100 and the 1200 and 1300 mix. I would be glad to answer any questions. Morrow: You have the necessary covenants and restrictions for these phases that have a homeowners association with dues levying capacity capabilities same as in the prior phases? Torfin: Yes, the master declaration for Danbury Fair has been approved and we have annexed the phases as we have developed them and these phases would be pulled into 'these covenants. I would just like to point out that we have maintained a strong architectural control in the subdivision and continue to do so and plan to in the future phases. • Meridian City Council December 15, 1994 Page 24 • Corrie: Mr. Mayor the 50 foot on the greenbelt (inaudible) that is 50 foot center towards your property? Torfin: The centerline, actually the way that the easement had read according to our surveyors it is 45 feet from the centerline over. And I think we have room to provide a pathway along that and still provide the depth in the lots that meet the square footage. Kingsford: Thank you, anyone else from the public? Ruth Crow, 8921 Sunflower Court, Boise, was sworn by the City Attorney. Crow: I was not aware of this, my question to them is where is this greenbelt going? Kingsford: Where does it go from there Mr. Torfin. Torfin: Our property ends right here so we are proposing on getting it started which would come along here. The area in here is outside of our property, there is actually a 40 foot strip before we get into that right of way. We are talking about it stopping right here. But it could continue on and I believe that is property (inaudible). Crow: Does he mean that the irrigation district which they own on both sides of that? Kingsford: I think Ruth it is an easement, we have tried to encourage developers to use where we can those drains to be green belts so that, and I guess that is your property to the north. If you were to develop that we would probably ask that maybe that be continued so that people could jog, ride bikes whatever and be able to say hit Fairview and walk possibly to Cherry Plaza or whatever. Crow: I guess my question is what is going to stop them from doing that now? Kingsford: Of course they don't want to do it on property they don't own or control. What we, we haven't done all that much but we have, we are doing it on a piece of our property, we have a park, there is an example of it over in Fothergilt Subdivision, Mr, Ewing has developed. What our hope is that developers as they develop will pick that up and extend it. Crow: Thank you Kingsford: Anyone else from the public? Seeing none I will close the public hearing. The issue then first is item 6 the annexation and zoning which would be parts 5 and 6. • Meridian City Council December 15, 1994 Page 25 • Morrow: Mr. Mayor, from my perspective I am sensitive to the line of reasoning between our allowing the 25% at 1100, 25% at 1200 and 50% at 1300 square feet. I believe the findings of fact and conclusions represent that is only agreeable in the portion that was previously annexed. From my perspective I am going to part from the findings of fact and conclusions here in that I believe given the landlocked nature of this particular property and being sensitive to Mr. Fon-ey's earlier comments with respect to affordable housing that this type of project makes sense given its location, its immediate surroundings both natural and man made barriers that it ought to continue as it was originally planned. So I would like to here what my fellow Councilmen think but I am not prepared to adopt these findings of fact and conclusions as they are written with under item 14 on page 13 and ~ 14. Kingsford: Other comments of the Council? Cowie: Mr. Mayor I will address that, I have a couple of questions I would like to ask. One is to Gary, and he is gone. Kingsford: How about the second question. Cowie: Okay, the second, actually it is not a question, I agree, do you know who has the north part of 6? Do you know who owns that piece of property right there? Torfin: No we don't we are providing a stub (inaudible). Cowie: I will, Walt asked for a comment and I agree with Walt on this one. The project was started and I think that in conjunction with Wayne Forrey's comments that this would probably be a good continuance. I have hesitancy as many know, R-8's (inaudible) in the City I think we are probably going to have enough of those very soon and I think this being a continuation I would go along with Walt and want to change the findings. Kingsford: Other comments of the Council? (Inaudible) Corrie: I think the line of demarcation will come at Locust Grove, anything east of that would not be R-8's. Kingsford: I would entertain as a motion to amend and approve of amended findings. Morrow: Mr. Mayor I would move that we amend the findings of fact and conclusions of law to reflect or to delete the portion that, the phrase that the portion that is requested to annexed and zoned which abuts Locust Grove Road and Pine Street and was not a part • Meridian City Council December 15, 1994 Page 26 of the original Danbury Subdivision should be 1300 square foot minimum house size in an R-8 residential zone. I would like that to say that we would approve of 25% of the houses to be 1100 square feet, 25% to be 1200 square feet and 50% to be 1300 square feet with interspersion of those sizes amongst the subdivision; Yerrington: Second Kingsford: Moved by Walt, second by Max to amend the findings of fact and conclusions of law as prepared for P & Z to drop the 1300 square foot requirement on the annexed portions 5 and 6 to allow for as low as 25% 1100 square foot homes, 25% of 1200 square foot and 50% of 1300 or more, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion to have the City Attorney draw up an annexation and zoning ordinance? Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare an annexation and zoning ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR DANBURY FAIR SUBDIVISION 5, 6, AND 7 BY B.W., INC.: Kingsford: Does the owner or his designee care to make further comments? (Inaudible) Kingsford: This is more of a check on us so that we don't fowl up. Anyone from the public that would like to offer further testimony on the plat? Seeing none I will close the public hearing. What is the Council's. Tolsma: (Inaudible) exceed 1000 feet is that the big long loop in that lower section? (Inaudible) i Meridian City Council December 15, 1994 Page 27 • Stiles: No, it would be the northern section there, but he had provided a stub street there which I think meets the intent of the ordinance. Kingsford: Counselor, if I may, typically we don't approve the plat until the annexation is done is that applicable here or would it be acceptable of the Council to approve of the plat? Crookston: You can approve the preliminary plat. Kingsford: Any other questions or comments from the Council? Is there a motion? Morrow: Mr. Mayor I move that we approve the preliminary plat of Danbury Fair Subdivision No. 5, 6 and 7 subject to staff conditions. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the preliminary plat for Danbury Fair Subdivision No. 5, 6 and 7 conditioned upon staff conditions being met, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR GROVE RUN SUBDIVISION B JLG BUILDERS: Kingsford: At this time I will open that public hearing and invite the owner or his designee to speak first. Morrow: Excuse me Mr. Mayor t do have a conflict of interest with respect to this proposal. I did stand down at the last presentation and I would ask that I be allowed to stand down for this presentation. Kingsford: Mr. Morrow has indicated a conflict, having due noticed it is up to the Council whether or not they want him to stand down. (Inaudible) Kingsford: I have no on one, you guys want to make him stand down or do you want him to sit here. (Inaudible) • i MERIDIAN CITY COUNCIL MEETING: DECEMBER 15 1994 APPLICANT: B.W.. INC. ITEM NUMBER; 6 ~ 7 REQUEST; PUBLIC HEARING• REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DANBURY FAIR SUBDIVISION NO 5 6 d~ 7 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING 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: • ui. SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~ ~~ ~~,~°', OTHER: c Q^~.'~'~''" r ~~ ~~ c~ • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning October 5, 1994 ~.CE~~~I~~:. o ~ T Q ~ ~~:)~~ Re; DANBURY FAIR SUBDIVISION NO. 5, 6 & 7 ,R~~,~, ~~ - ~~ tv2" ~Y~JGt~filif-l f~ (Annexation /Zoning & Preliminary Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. The legal descriptions submitted with this application don't follow the boundaries of the preliminary plat map. Please clear up these discrepancies and re-submit new legal descriptions per Resolution 158 (Aug. 16, 1994). 2. Determine the seasonal high ground water elevation, and profile the sub-surface soil conditions. 3. The Preliminary Plat map needs to include Contour lines with their elevations @ 2 foot intervals, tied to an established Benchmark, where slopes are equal to or less than 10 %. 4. Any existing irrigation ditches crossing the property to be included in this platting, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District. 5. Please provide a master street drainage plan that includes the method of disposal & approval from the affected drainage district. 6. Submit the proposed restrictive covenants and/or deed restrictions for review. 7. Submit letter from the Ada County Street Name Committee, approving the subdivision name and street names. 8. Coordinate the fire hydrant placement with the City of Meridian's Water Works Superintendent. C: \WPWIN60\GENERAL\DANB567. P&Z • 9. A 250 Watt High Pressure Sodium Street Light will be required at the subdivision's entrance off N. Locust Grove Rd. 10. Existing domestic wells and/or septic systems within this subdivision will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 11. Submit information detailing the traffic impact on existing or adjacent roadways & intersections. 12. Water service to this development is contingent on positive results from a hydraulic analysis by our computer model. 13. Identify and label the existing easements of record for Five Mile Creek as they pertain to this proposed development. 14. The Preliminary Plat map needs to be stamped, signed, and dated by the Land Surveyor who prepared said map. 15. Please indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat map, and/or any plans to reduce said boundaries. 16. Please indicate which parcel will cant' which phase number, and label the existing platted subdivisions; Maws Addition No. 1 & 2, Catherine Park Subdivision. Please show Florence Street or Adkins Lane, Right-of--Way or Easement. C: \W PW IN60\GENERAL\DANB567. PBcZ • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAk YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 6 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning MEMORANDUM GRANT P. KINGSFORD Mayor TO: Plann~Zoning„C~ ~o~is ' n, Mayor and Council ~ ~-~ FROM: Shan L. Stiles, Planning omng Administrator DATE: October 7, 1994 SUBJECT: Request for Annexation and Zoning of R-8 with a Preliminary Plat for Danbury Fair Subdivisions Nos. 5, 6 and 7 1. Block lengths exceed 1,000 feet. Provide stub streets to the north and south or submit application for variance. If a variance is granted for either north or south, ten-foot-wide pedestrian walkways with five-foot paved walkways will be required. 2. All sidewalks need to be constructed in accordance with City Ordinance, including along Locust Grove Road and Pine Avenue. Deposits to ACRD Trust Fund are not acceptable. 3. Add name, address and telephone number of owner or subdivider to the plats. 4. Show easements for Five Mile Creek on plat. All lots must contain minimum square footage exclusive of easements. Non-combustible fencing will be required outside of Settlers Irrigation District, Nampa-Meridian Irrigation District and/or Bureau of Reclamation easement areas, along with respective agency approvals, prior to obtaining building permits. In addition, Five Mile Creek is designated as a pathway in our Comprehensive Plan. Submit plan in accordance with Ada County Pathway Plan. Pedestrian access to Five Mile Creek is needed. All pedestrian walkways need proper lighting. 5. Ditches will need to be tiled unless a variance is applied for and granted by the City Council. 6. Show proposed street names on all streets and culdesacs. 7. What is proposed for Five Mile Creek along Pine Avenue? It would be desirable to incorporate some landscaping if at all possible. 8. Include minimum house size on plat. 9. A development agreement is required as a condition of annexation. • HUB OF TREASURE VALLEY • COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN MAX YERRINGTON GARY D. SM THS P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-4433 ~ FAX (208) 887813 JIM JOHNSON Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 ~ ~ ~ ~ a ~''~ ~-° ~'~ GRANT P. KiNGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVE~PMEA1T~gRO~G'~TS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4. 1994 TRANSMITTAL DATE: 9/19/94 HEARING DATE: 10/11/94 REQUEST: Annexation/zoning with a Preliminary Plat for Danbury Fair 5, 6 and 7 BY: B W Inc LOCATION OF PROPERTY OR PROJECT: South of Fairview Avenue and West of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, 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 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAM/jZION(PRELIM 8~ FINAL PLAT) CITY FILES (J ~ ~ ~ _ • HUB OF TREASURE VALLEY • COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G.BERG,JR.,CItyClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN OBERTD.ICORRIE MORROW ALT W GARY D. SMITH, P.E. Clty Engineer . W BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROfT, Watte Water Supt. SHARI STILES 33 EAST IDAHO ~ ~~~~ ~~~ ~d^~ ~~ & Zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief Attorney JR ROOKSTON phone (208) 888-4433 • FAX (208) 887-4813 I^' ~) t Erman • Planning 8 Zoninc, ~ ~ ~ •i~ 0 , ., WAYNEG.C ~ I , 6 Public Works/Building Department (208) 887-2211 GRANT P.KINGSFORD lid a ~' t~ ~;' ~~4(:,i*s)i.JII$!`'~ Mayor 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 ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9119194 HEARING DATE: 10/11/94 REQUEST: Annexation/zoning with a Preliminarv Plat for Danbury Fair 5. 6 and 7 BY: B W Inc LOCATION OF PROPERTY OR PROJECT: South of Fairview Avenue and West of Locust rove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P/Z -TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, CIC _MAX YERRINGTON, 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 8~ 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES ~ ~ 0 `/,; , OTHER: 7 `~ YOUR CONCISE REMARKS: 2 Q ~~ • ~RINTENDENT OF SCHOOLS ~;,~.~ ~~Y~~ ob L. Haley ~ DEPUTY SUPERINTENDENT ,pR ExCE~ Dan Mabe, Finance & Administration ~iy ~y r y~ ~ ~ ~~~F, ASSISTANT SUPERINTENDENT ,~~-~~~ t~ t~ [ "f Christine Donnell, Personnel & Instruction +~~+ CeTV ~~ ~~~~~~A gy DIR She~y Belknap, Elementary i ~ l7i~i Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 October 3, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Danbury Fair Subdivision Dear Councilmen: I have reviewed the application for Danbury Fair Subdivision and find that it includes approximately 118 homes at a median value of $95,000. We also find that this subdivision is located in census tract 103.12 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Meridian High School. The School District may be required to transport elementary students from this subdivision to Ridgewood Elementary or another school that may have capacity, due to overcrowding at Chief Joseph Elementary. Using the above information we can predict that these homes, when completed, will house 24 elementary aged children, 22 middle school aged children, and 17 senior high aged students. At the present time Chief Joseph Elementary is at 101 of capacity, Meridian Middle School is at 139 of capacity and Meridian High School is at 130 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer services available. In addition we would need to pass another bond issue for the construction of schools. Even if we were willing to use portable classrooms for a year or two, this project would require one classrooms at the elementary level, one at the middle school level and one at the high school level. To build portables ready to occupy by students will cost approximately $40,000 each. As you can see the total for four • • portables would be $120,000. We would welcome a meeting with you to find ways of mitigating the projected costs to the school district. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~~~ ~~ an Mabe Deputy Superintendent DM:gr • _ ,- ~ `-~ -~ ~---~ ' C C T 1 2 1~s'~ CITY ®F ~~~:~~~~,~ =L,=wN J. RHODES. ?resident 'HERBY R HUGER. Vice Presiaent +.MES ~ BRUCE. ~ecretarv October 5, 1994 TO: B.W. INC 250 S. BEECHWOOD BOISE ID 83709 FROM: Karen Gallagher, Coordinator Development Services SUBJECT: DANBURY FAIR SUBDIVISION 5, 5, & 7- PRELIMINARY PLAT On October 5, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • October 5, 1994 Page 2 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority toctether with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Rights-of-Way 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 one 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 345-7680, should you have any questions. LS cc: Development Services Chron HUBBLE ENGINEERING, INC. MERIDIAN CITY HALIr' • v GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission DATE: FROM: SUBJECT: Development Services INTER-DEPARTMENT CORRESPONDENCE DNBRY567/DSTECH 10-5-94 September 28, 1994 PRELIMINARY PLAT - DANBURY FAIR SUBDIVISION 5, 6, & 7 Meridian - Preliminary Plat; Annexation/Zoning fDeveloper - B.W., Inc., 250 S. Beechwood, Boise, ID 83709) (Engineer/Surveyor - Hubble Engineering, Inc., Gene Smith, 9550 Bethel Ct., Boise, ID 83709) FACTS & FINDINGS: 1. Danbury Fair 5, 6, & 7 are phases of a large single family residential subdivision. Danbury Fair 5 (see map) contains 33 building lots. Danbury Fair 6 contains 73 building lots. Danbury Fair contains 12 building lots. The three new phases contain a total 118 building lots on 32-acres. The properties are located on the west side of Locust Grove, to the south of Fairview and the north side of Pine (see map). There are 5,160-feet of new public streets planned. Danbury Fair 7 was previously annexed into the City of Meridi- an's corporate limits with an R-8 zoning. This application includes an annexation by Meridian and zone change from RT to R-8 for Danbury Fair 5 and 6. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 32 FEET OF NEW PUBLIC STREETS - 5,160 LOTS - 118 PRESENT ZONING - R-8, RT PROPOSED ZONING - R-8 ESTIMATED VEHICLE TRIPS PER DAY - 1180 TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Locust Grove - 660-feet MOST RECENT TRAFFIC COUNTS - N/A FUNCTIONAL CLASSIFICATION MAP DESIGNATION - rTinor Arterial ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT •DANBURY FAIR SUBDIVISION ~ 6, & 7 October 3, 1994 Page 2 ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet; 45-feet from centerline Locust Grove is improved with 20-feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Danbury Fair 7 will be connected to the public street system via an existing stub street. from Danbury Fair 1, Penrith Place. Penrith Place connects to Stonehenge Way which con- nects Fairview and Pine. 4. Danbury Fair 6 proposes a single access to Locust Grove on its east property line. The developer proposes to vacate portions of Adkins Lane, located within and adjacent to Danburg Fair... 6. Adkins Lane is a local public street with 18-feet of pav- ing in 40-feet of right-of-way. If the vacation process is approved (for the section south of the proposed Roseburg Drive), a public cul-de-sac built to ACRD standards at the end of Adkins Lane will be required of the developer before the final plat is approved. The turnaround may not be located within the plat boundary. If the vacation is not approved, staff recommends that a stub street be extend to the south to connect with Adkins Lane. 5. Staff recommends a stub street to the north from the proposed Barrington Drive be required to provide access for future development for the property to the north. 6. Danbury Fair 5 proposes to connect to the public street system via a stub street from the proposed Danbury Fair 4, Ashford Street. This phase has no street connection to any existing public streets. The District will not sign the plat for this parcel until the adjacent street system that it connects to becomes part of the public street system. Ashford Street will connect to Stonehenge Way. 7. Locust Grove is scheduled for improvements in the ACHD Five Year Work Program, therefore staff recommends that a deposit be made to the Public Rights-of-Way Trust Fund for the re- quired street improvements (5-foot sidewalks) on Locust Grove abutting the parcel. 8. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on October 11, 1994. PRELIMINARY PLAT DANBURY FAIR SUBDIVISION ! 6, & 7 October 3, 1994 Page 3 SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Dedicate a 15' x 15' triangle (or appropriate curve) of right- of-way at the north and south corners of the proposed access point to Danbury Fair 6 and Locust Grove abutting parcel to keep the street improvements in the public right-of-way. 3. Direct lot or parcel access to Locust Grove is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 4. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements (5-foot sidewalks) on Locust Grove abutting the parcel. 5. Provide a stub street to the north boundary from the proposed Barrington Drive. 6. Provide a stub street to the south to connect to Adkins Street. If the City of Meridian grants a variance for .the stub street (required for block length) to the south and the devel- oper vacates a portion of the right-of-way for Adkins Street (south of the proposed Roseburg Drive), the developer shall construct and provide right-of-way for a standard public cul- de-sac, built to ACRD standards, at the terminus of Adkins Street (note that the turnaround may not be located within the plat). STANDARD REOUIREMENTS: 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. 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. PRELIMINARY PLAT •DANBURY FAIR SUBDIVISION i 6, & 7 October 3, 1994 Page 4 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACID. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable ameni- ties placed in said lot. Drainage lots and their use restric- tions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. Aright-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. PRELIMINARY PLAT DANBURY FAIR SUBDIVISION • 6, & 7 October 3, 1994 Page 5 14. A request for modification, variance or waiver of any require- ment 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 Development Services Division at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: (ACT 0 51994 i~. tztz,~~ ~ v...XXOO~ Ff-~ .5...• . Q N d~ N S m J N ~ Q u~~ < ~~ m m m m p U trw U~~S ~ ~~ ~=. t- g~ z¢Qa F- aU~\ 3mG~ O~J~o.t~ ~XzOOv~~v~~110~~ =~d~~,3~~t m d w ~ IM ~~ II ~ I . `* M u I ~ I ~~ O o 0 Do ®O®~ is®®~+ O• ®xt8 .. ~ u IU. II ~I I N ~ O I I //~ ~ I I I ~o ;~ I I I ~, I ~ I I I // .. Q i t j // j/` I ~ I I ~ / i~ ..,,. ~ I I .' I i - - ~ I ----------- ~~ a =- _ , -~ - ~- ~~ I ~ ~ ~ I 6 ~ e ~ R , I\ ~) ~ ~ ~ i ~ e i~~ I - i - - - I4~ I g ~ q i, - I 3~~ ti_ ~ I r g ~ I _ II J...._...: ~A~~ ~~`~ ~ ~ ~ 9 s ~ a Y ~ ~---- F (` ' E I- -e.~N~ ~~ ~ ~ iI!i_.11._ - I / ~ ~ I N M~ 4 ~ I ~ e ` I ~ ' _ __ ~~i s I - _ . 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I ~~ I p v Ot ® I } Z p m~ - ~ ® I m Z m' i ~ 1 Z O Oj m p m i N • e ~ 1 n ~ ~ ~ ~ • ~I I •= m ®~ ~ ® ~ ' a i be 0 ` ~ w , 1T8 s M ~ ~ .~ ~ ~F V y' I ~i~ •1 O. ~. ~ y ~:~ O SAO - ® O O O O 4' Z O ® 7 ~ V O l ~ 'v • • 1 1 ~. r O ~ , ~ 1` 7 O • r_, 2V ! ~ • I ~ 0 .~ i _ _._ IMP -•~~,- ~^'.~ ~ _ _._ i ~ w ~~~ 1 \ \ ~ 1 11~ 1 ^ i' 1 \1 t'~ I O I I ^~T~^ ~~` ~ ' ` l 1 L___S1 1 1 I I I I , ' 1^ I I I I `X ~'r `I 1 ` I I `~ Ito i ~ ~ ~^ ~~'~~\ I I ,+ N' i I 0 M ``` L y~}I •` ~' ~ '~ A NIt r/ aE[W 1 ~ # '~ o ~ ^ Y. i ~i ~i ~ ~ ~ I p e ,~ O p p p~ •'' ® ' ftLl!.E X49 0 m ®'® p m I aai M• 1~f~! ! 5! .____ -.. 8 .~ m R~ i~,i - - ~ ~~~~i~i'9 ~,so ®® ~ 3~'~ ~ ~e !~ y~ p ~ p m ~~ ~ ~E ~~ ~~ ~~ !g 9~ ~~` o ~: ~~ ii 9~ ys ~~ ~ ~ RECD-eTIE~ SUBDIVISION EVALUATION SHEET SEP 2 9 1994 CITY OF MERIDIAN Proposed Development Name DANBURY FAIR SUB NO. 5. 6 & 7 City MERIDIAN Date Reviewed 9/22/94 Preliminary Stage XXXXX Final XXXXX Engineer/Developer Hubble Engr / B W Inc 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 following existing street names shall appear on the plats as: "E. FAIRVIEW AVENUE" "N. LOCUST GROVE ROAD" N ITH "N. BEi~'S11TH PLACE" "E. PINE AVENUE" "E. ASHFORD STREET" "E. SHELLBROOK DRIVE" The following new street names are approved and shall appear on the plat as: "N. CRESTLEY AVENUE" The following new street name is over ten letters in length and must have verification from Ada County Highway District in writing that the name will fit on a sian before it will be approved' N. MAPLE CREEK WAY" >r The street shown on the plat as "PI`Ridtl`t~1 AVENUE" is in alignment with a different street and therefore shall be named: "N. SHIRE AVENUE" The street shown on the plat as "ROSEBURY DRIVE" is close within 150 feet from centerline to centerline of an existing_street and therefore shall be named: "E. SHELLBROOK DRIVE" The street that goes north off of the streets shown on the plat as "ROSEBURY" and "BARRINGTON" is a duplication and therefore cannot be used. "ROSEBURY" and "STANFORD" sound similar to existing street names and therefore cannot r, • be used. Please choose 3 new street names and have them approved by the street name committee 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 ord r for the street names to be officially approved. .- ADA COUNTY STREET NAME COMMITTEE AC ENC~Y REPRE ENTATIVES OR DESIGNEES Ada County Engineer John Priester ~ Date 22 Ada Planning Assoc. Terri Raynor Date _~~~9~ I ` Meridian Fire District Representative ~ ~ '~ Date ~~~~~' NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~lor f~P~/ED U.~~ y/Z~ '~ CEf~i`I'RAL •• DISTRICT HEALTH DEPARTMENT Rezone # ' ' nal Use # Preliminary Final /Short Plat REVIEW SHEET ~~~ Environmental Health Division Return to: ~_ s'v8 ~ ~~iJ/. ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ~., 7. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~. central water 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. ~~~~ ,~.eGO~li'~t"~+'/~i9370~ ~/2 ~S7D/zi`I~/t'f~'~ Date: [ O / 3 ~i,~,n/,~-~,y~/1- ~ /~-~i 777~Gy~1~ Reviewed By: O C T 0 5 j~~4 C~T Y fir I~;iLtylttl~f~ii~7 CDND 10/91 rcb, rev. II/93 jll CENTRAL ~ • ~ DISTRICT DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE. ID. 83704 • (208) 375-5211 • FAX: 327$0 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environrrtent. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale 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. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McBee, Larry Walker Assoc., Uribe and Assoc., Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Vailey~ Elmore. Boise. and Ada Counties Ada ~ Boise Cou~dy olrtea wiC ease - Ment9an Eunore Coiedq o0ke emare Cowry oi~. vaeey Couhr Omu )01 u. armsrtong ~. ~~ Raterts 520 E an, weer ~. a Enianmetdd rreatlA as ear 1a48 9cae. ID..83104 Base. ID. Mamtmn Home. ~. 190 S. ditl Street E h1oC~. ~. 836:8 Envro. Heatlh: 321-7499 83705 Ph. 3343355 83647 Ph. 587.4407 Mountcn Home. ID. RL 63d-1194 FcsM/ 321.7400 324 Meridian. ID. '8,b17 ~ ~-~ IrrnKr>motgns: 32]•7450 83642 Ph. 888-0525 Nuhiriotx 327-7460 ANC:: 327-7488 e HUB OF TREASURE VALLEY • COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer l R ' B CITY OF MERIDIAN ROBERT D. CORRIE Engineer E. City TH P GARY D. SMI WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chlef MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chlef Attorney JR ROOKSTON Phone (208) 888433 • FAX (208) 887813 ~' r ' ~ I`' Chairman -Planning 8 Zoning ., , WAYNE G. C ~ i ~ __ ~ Public Works/Building Department (208) 887-221 ! ti n ~--, ~;,.> ~; M _ J~ ;J _._ ., L, _ t;_% GRANT P. KINGSFORD Mayor ~ '~ ;` .4 ~~ _ ~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVEIJOPI~i'L~W`I'~F'ROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9/19/94 HEARING DATE: 10/11/94 REQUEST: Annexation/zoning with a Preliminary Plat for Danbury Fair 5.6 and 7 BY: B.W.Inc. LOCATION OF PROPERTY OR PROJECT: South of Fairview Avenue and West of Locust rove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P2 _TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: RECEIVED S E P 2 8 1994 CITY OF MERIDIAN Nampa & Meridian Irrigation District's Fivemile Drain courses along the southwest corner of this project. The right-of-way of the Fivemile Drain is 100 feet: 50 feet from the center each way. The Bureau of Reclamation may have other requirements on the Fivemile Drain. Contact John Caywood at 334-1463. Nampa & Meridian Irrigation District's Jackson Drain courses along the northeast corner of this project. The right-of-way of the Jackson Drain is 60 feet: 30 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 Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment of change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District. ~~~~ Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District . HUB OF TREASURE VALLEY • COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE MORROW WALT W GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO . SHARI STILES inistrator Ad JOHN T. SHAWCROFT, Wasle Water Supt. Chlel Fl RS P IDAHO 83642 MERIDIAN m lanner 8 Zoning HNSON re , KENNY W. BOWE W.L. "BILL" GORDON, Police Chief , '~ 7 phone (208) 888-4433 • FAX (208) 887813 ~~~~ v ED JIM JO Chairman -Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 1[~ 1' GRANT P. KINGSFORD Q ~ ~ - ~ t~l~'1 Mayor CITY OF MF~~~~AN 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 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9119194 HEARING DATE: 10/11/94 REQUEST: Annexation/zoning with a PreliminaO/ Plat for Danbury Fair 5 6 and 7 BY: B W Inc LOCATION OF PROPERTY OR PROJECT: South of Fairview Avenue and West of Locust Grove Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z -CHARLES ROUNTREE, P2 -TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT rITY ATTnRNFY 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 8t FINAL PLAT) U.S. WEST(PRELIM 8- FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private uses /FS SNown~ oN Tim Adams ~~~ Tw A'DA'MS Idaho Power g_t~•S'i 322-2047 • HUB OF TREASURE VALLEY • COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk ERIDIAN MAX YERRINGTON ROBERT D. CORRIE JANICE L. GASS, Clty Treasurer CITY OF M WALT W. MORROW GARY D. SMITH, P.E. City Engineer SHARI STILES BRUCE D. STUART, water works supt. SHAWCROFT, Waste Water Supt. JOHN T 33 EAST IDAHO Planner & Zoning Administrator . KENNY W. BOWERS, Flre Chlef MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "81LL" GORDON, Police Chiet phone (208) 888433 • FAX (208) 887813 Chairman • Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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 ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: October 4 1994 TRANSMITTAL DATE: 9/19/94 HEARING DATE: 10/11/94 REQUEST: Annexation/zoninawith a Preliminap/ Plat for Danbury Fair 5 6 and 7 BY: . In . LOCATION OF PROPERTY OR PROJECT: South of Fairview Avenue and West of Locust rove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C MAX YERRINGTON, CJC 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 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMp,TION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 9 ~ P 3 0 1994 ctrv OF 1w~xiDlAly ~ ~r~~~ ~ ~ c ~ , , ~~~ ~Y ~~ ~1~~1~IAN OCTOBER 8, 1994 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 ATTN: WILLIAM G. BERG, JR CITY CLERK RE: COMMENTS ON ZONING; SECTION 7,.3N,R.lE,BOISE MERIDIAN THE FOLLOWING COMMENTS ARE IN REGARDS TO THE PROPOSAL TO ANNEX THE ABOVE MENTION SECTION WITHIN THE LIMITS OF MERIDIAN: I AM "OPPOSED" TO THIS ANNEXATION, UNLESS CERTAIN CONDITIONS CAN BE AGREED UPON BY THE DEVELOPER AND/OR CITY OF MERIDIAN: 1] WITH THE ADDITION OF THESE HOMES, THIS WILL CAUSE AND INCREASE IN OUR SCHOOLS, POLICE, CITY UTILITIES AND THE SCHOOL DISTRICT - WHO WILL PAY FOR THESE ADDITIONAL SERVICES; WILL IT BE THE DEVELOPER OR WILL THE PRESENT TAX PAYERS HAVE TO PAY THE BILL FOR PEOPLE TO MOVE INTO THE CITY? THE DEVELOPER SHOULD PAY AND IMPACT FEE TO HELP THE CITY AND THE SCHOOL DISTRICT TO HANDLE THIS INCREASE IN POPULATIONS AND THE NEW HOME OWNERS SHOULD ALSO BE PAYING A IMPACT FEE FOR THE NEXT FIVE [5] YEARS TO HELP PAY FOR THEIR HOMES AND SERVICES PROVIDED BY THE CITY OF MERIDIAN AND THE SCHOOL DISTRICT..... 2] LOCUS GROVE WILL NOT BE ABLE TO HANDLE THE INCREASE IN TRAFFIC DUE TO THE ADDITION OF THESE NEW HOMES WITHIN THE CITY OF MERIDIAN - THE STREET MUST BE WIDEN TO PROVE A SAFE ROUTE OF TRAFFIC - NO PARKING MUST BE ALLOWED ON THE SIDES OF THIS STREET - IF THE ROAD IS NOT WIDEN, THE SCHOOL BUSES WILL HAVE A HARD TIME DRIVING SAFELY WITHIN THE LIMITS OF THE NARROW ROAD.... AGAIN, SOMEONE SHOULD PAY FOR THIS - SINCE THE DEVELOPER IS CAUSING THE PROBLEM, THE DEVELOPER SHOULD BE PAYING TO HAVE THIS DONE [THEY COULD PAY THE COUNTY TO WIDEN THE ROAD].... BUT ONCE AGAIN THE TAX PAYER SHOULD "NOT" HAVE TO PAY FOR UNSAFE ROADS CREATED BY THE DEVELOPMENT OF NEW SUBDIVISIONS: 3] PINE STREET ALSO HAS THE SAME PROBLEM AS LOCUS GROVE - PINE STREET FROM EAST 6TH BECOME NARROWER THUS CAUSING SAFETY AND POSSIBLE TRAFFIC HAZARDS - THIS STREET MUST BE WIDEN TO HANDLE THE INCREASE IN TRAFFIC BEING CREATED BY THE NEW SUBDIVISIONS - BUT ONCE AGAIN IT SHOULD BE THE RESPONSIBILITY OF THE DEVELOPER TO DO THIS.... FAR TO OFTEN THE DEVELOPER AND CITY INSTALL A NEW SUBDIVISION AND FORGET THE IMPACT IT HAS ON THE OLD RESIDENTS LIVING WITHIN THAT AREA - MORE LIABILITY SHOULD BE PLACED ON THE CITY AND DEVELOPER TO HAVE THESE PROBLEMS SOLVED PRIOR TO BUILDING SUBDIVISIONS.... u • 4] THE DEVELOPER SHOULD ALSO POST A BOND TO THE CITY THAT WOULD PROTECT PROPERTY OWNERS SHOULD THEIR PROPERTY BE DAMAGED BY THE CONSTRUCTIONS OF ANY SUBDIVISION... 5] IT WOULD ALSO HELP THE CURRENT PROPERTY OWNERS TO HAVE THE DEVELOPERS SUBMIT WITH THE NOTICE THE VALUE OF THEIR HOMES, LOT SIZE ETC..... 6] WITH THE ADDITION OF THESE THREE [3] SUBDIVISIONS THE QUESTION COMES UP: WITH THE INCREASE IN TRAFFIC ON LOCUS GROVE, PINE ST. AND FAIRVIEW AVE., WILL THIS CREATE THE NEED FOR A TRAFFIC LIGHT OR LIGHTS, OR STOP SIGNS, ETC....? IF YES, THE PROPERTY OWNERS SHOULD BE AWARE OF THIS, ONLY AND IMPACT STUDY WILL SUPPLY THE ANSWER TO THIS QUESTION - THIS SHOULD HAVE BEEN DONE AND READY FOR THE HEARING COMING UP ON THE 11TH? 7] THE CITY SHOULD ALSO CONSIDER HAVING THE SCHOOL DISTRICT APPROVE FUTURE SUBDIVISIONS - WHY - VERY SIMPLE, WHY BUILD HOMES AND NOT HAVE ROOM OR EVEN SCHOOLS FOR THE KIDS TO GO T0, AGAIN THE TAXPAYER MUST PAY FOR THIS FOR THE NEW HOME OWNER - THIS IS WHERE IMPACT FEES COME INTO PLAY, THIS IS WHAT THE CITY SHOULD BE CONSIDERING, NOT ONLY WILL IT HELP PAY FOR SERVICE RENDERED, BUT IT WILL HELP ALL CONCERNED. 8] SOME PEOPLE SAY THAT BY HAVING IMPACT FEES, NO ONE WOULD BUILD, THAT ARGUMENT HAS BEEN PROVEN WRONG MANY TIMES - CALIFORNIA HAS PROVEN THAT FACT, SO NOW SHOULD BE THE TIME THAT THE CITY COUNCIL SHOULD BIT THE BULLET AND START TO HAVE THE DEVELOPERS PAY THEIR FAIR SHARE, AND NOT JUST DEVELOP AND RUN WITH THEIR PROFITS, LEAVING THE CITY AND SCHOOL DISTRICT TO FOOT THE BILL! SUMMARY• IT IS TIME FOR THE CITY OF MERIDIAN TO SLOW DOWN ON THE BUILDING WITH THE LIMITS OF THE CITY AND ASK YOURSELVES WHO GOING TO PAY FOR: 1. POLICE STAFF 2. FIRE DEPARTMENT DEMANDS 3. SCHOOLS 4. ROADS 5. CITY SERVICES UNTIL YOU HAVE ANSWERS TO THE ABOVE QUESTIONS THE COUNCIL SHOULD NOT APPROVE ANYTHING, BUT INSTEAD REVIEW THEIR CURRENT POLICIES....THE COUNCIL CAN ALSO ASK THE ABOVE MENTIONED DEPARTMENTS, CAN YOU HANDLE THIS INCREASE IN POPULATION, IF NOT WHAT WILL IT COST, ETC........ • • FAR TO OFTEN OVER THE PAST YEARS I HAVE SPOKEN TO TAX PAYERS WHO DON'T LIKE THE WAY THE CITY OF MERIDIAN HAS CREATED PROBLEMS FOR THEM BY ADDING NEW SUBDIVISIONS WITHIN THEIR AREAS - AND IN THE LONG RUN THE OLD TAX PAYER IS PAYING THE BILL IN INCREASED PROPERTY TAXES! I WISH TO THANK YOU FOR YOUR TIME IN REGARDS TO THIS MATTER: TERRY TRAK L 928 E. 5TH ST. MERIDIAN, IDAHO 83642 888-2656 • ~RINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT oa ExcE~ Dan Mabe, Finance i;<Administration 4 ~~. ASSISTANT SUPERINTENDENT ~ ~f,~ Christine Donnell, Personnel & Instruction 2 ~~~\~~~ ~ DIRECTORS ~ 7 Sheryl Belknap, Elementary Q Jim Carberry, Secondary y Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN, IDAH083642 • PHONE(208)888-6701 October 10, 1994 Shari Stiles City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Ms. Stiles: ~EC~~ V ~...lV OCT 1 1 1~~~ f j lYlLi111Jlt~i~1 C ~ t t Our letter responding to the application for Danbury Fair Subdivision, dated October 3, 1994, had an error in paragraph three. We do not need land set aside for a school site in this subdivision. Sorry for the inconvenience. Sincerely, ~~ Dan Mabe, Deputy Superintendent DM:gr cc: Dennis Baker Planning and Zoning Commission Office of the City Clerk 33 East Idaho Street Meridian, ID 83642 0 C T - ? 1994 CITY OF MERIDIAN 1012 Cathy Lane Meridian, ID 83642 October 6, 1994 RE: Annexation of land for the expansion ofDanbeny„~air Subdivi~.n No. 5. I will be unable to attend the public hearing to be held on October 11, 1994 but would like to voice my opposition to the proposed annexation of land immediately to the east of Five Mile Creek for the expansion of Danberry Fair Subdivision No. 5. I would like the planning and zoning commission to consider the following comments and recommendations that pertain to all citizens of Meridian. As a professional geographer, I have both studied and lived in towns that have experienced gowth booms. Too often, greed on the part of developers and chambers of commerce impairs sound thinking and long term planning. Frequently city planners end up behind the growth curve insofar as providing adequate infrastruc- ture (schools, roads, utilities, recreational facilities, etc.). I do not want to see this happen to Meridian, although this trend is beginning here. We need to escape the trap of simply being anon-identifiable bedroom community of Boise. Tract subdivisions and shopping centers do not make for a vibrant city. These "neighborhoods" decay quite rapidly and do not have the lasting appeal of neighborhoods built over a longer period. Urban sprawl destroys the aesthetic qualities of a place. Unfortunately, Meridian's initial attraction of open space in an urban/country interface is rapidly disappearing. Open spaces in the form of wildlife/bird preserves, parks, and greenbelts are essentials that Meridian is sorely lacking at the present time. I am very concerned over the loss of vital riparian habitat that will result from any expansion of Danberry Fair adjacent to Five Mile Creek. Five Mile Creek is a perineal stream that provides a crucial wildlife corridor, and a feeding and nesting area for a variety of birds. The field immediately to the east of Five Mile Creek is a nesting ground for pheasant and a hunting area for a variety of raptors. The loss of the field may be inevitable, however, extending the building setback from 50 feet from the center of the creek (the current irrigation district easement) to 100 feet from the center of the creek would provide a much needed buffer for birds and wildlife. As a mitigation measure, I propose the creation of a minimum 50-foot wide greenbelt with a bike and walking path along Five Mile Creek that would initially connect Pine Street with Fairview Avenue. Planting trees along the greenbelt would provide additional habitat and shade. Drought tolerant wild flowers could be planted along the upper reaches of creek banks while cattails and other non-flow impeding riparian vegetation could be planted closer to the water line. Not only would it be aesthetically pleasing, but it would provide the Nampa-Meridian Irrigation District easier access to the creek for mainte- nance. More important, this greenbelt provides outdoor recreational opportunities for the people of Meridian that can be expanded into a more extensive nature corridor and/or bike path in the future. Sincerely, Douglas oltemeier CITY OF MIiKII~I~iti October 6, 1994 TO: The Planning and Zoning Commission, City of Meridian, Idaho. 12F: v,49u8EAi''•-f~ F~-~iZ .VO. S ~ ~vN'~,~ ,q.T~pN We, the undersigned homeowners and residents living in the vicinity of Five Mile Creek between Pine Street and Fairview Avenue, oppose the annexation of lands immediately adjacent to Five Mile Creek for expanding Danberry Fair Subdivision. We are concerned over the potential loss of wildlife and riparian habitat that currently exists along Five Mile Creek. As a mitigation measure, we propose the creation of a minimum 50-foot wide greenbelt that includes a walking and bicycle path along Five Mile Creek that would initially connect Pine Street with Fairview Avenue. This greenbelt would provide a buffer zone for wildlife and outdoor recreational opportunities for the people of Meridian that can be expanded into a more extensive nature corridor and/or bike path in the future. Name Address Signature .~---- / /~ D/Z i /~~ o in ~~P ~ Co .~ O ~ J~~ L~~ ~ -.C~n.P./ 6 ~. Z Y r J?2 / ! 2 ~4 ~i~-f f C.rtl G c~. v~ tc ~r 2 ~ - ~ FE D L ~? ` ~ ~~. r1 D ~ ~ V BEFORE THE MERIDIAN PLANNING AND ZONING COI~Q~LISSION B. W. INC. DANBURY FAIR 5, 6 AND 7 ANNEXATION AND ZONING SECTION 7, T.3N., R.lE.,_BOISE MERIDIAN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing October 11, 1994, at the hour of 7:30 o'clock p.m., Dan Torfin, representing the Petitioner appeared in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That notice of a public hearing on the request or annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 11, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 11, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is approximately 32.01 acres; that the property is located within the City of Meridian and that the Applicant is the owner of the property; that the Application DANBURY FAIR 5, 6, & 7 ANNEXATION FF & CL Page - 1 • requests three (3) parcels and to be annexed and they are adjacent to the existing developed and developing Danbury Fair Subdivision which is designated as R-8 zoning. 3. That the property is presently zoned by Ada County as (RT) Rural Transition and the Application requests that the parcel be annexed and zoned R-8 Residential. 4. The general area surrounding -the property is used residentially and is predominantly zoned R-8. 5. That either at the hearing, in the Application, or in the letter sent with the Application, it was stated as follows: a. That Phase 5 contains 33 lots on 10.4 acres; that single family homes are proposed which is compatible with the surrounding area; that a proposed pocket park with playground equipment will be developed on this parcel as well as that the 15 to 18 feet of existing road along the Five Mile Creek could be developed as a green belt or a multi-use pathway, probably gravel, for bicyclist's, possibly equestrians and walkers; that if this pathway is _ ___ _ _________developed~- _t is proposed that the- City of Meridian-take __ -over ownership and maintenance of that pathway;. that it _- - ~_.-_ -:ca~rld=_~-~ incorporated unto a master pathway system as things develop along the creek. b. That access will be through the existing Danbury Fair Subdivision through a street that is currently scheduled to be constructed sometime in November; that no development would occur in that area until that street was extended; that sewer and water will be extended to serve this project. c. That Phase 6 fronts on Locust Grove Road and contains 73 lots on 18.93 acres; that upon ACRD requirements, stub streets will be provided, one to the northeast corner of Phase 6 and also a stub street from #6 to a park that is proposed in Phase 3, to be developed in the spring of 1995. d. That because the City of Meridian has a requirement that blocks lengths not to exceed 1,000 feet, this application will likely seek a variance on the stub street to be developed in the northeast corner of Phase 6 because the DANBURY FAIR 5, 6, & 7 ANNEXATION FF & CL Page - 2 • • block length from the stub street to the northwest corner is over 1,000 feet. e. That Phase 7 contains 12 lots on 3.07 acres and is located in the northerly portion within the original preliminary plat of Danbury Fair; that a portion just north of this parcel will be a veterinary clinic that includes some R-8 property which has been through a rezone and approved by the City Council. f . That all homes will have some brick; that the homes built will not be less than 1100 square feet and that the developer will maintain control on fences and color of exterior. 6. That the property is adjacent and abutting to the present City limits. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R 81 Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. that the R-8 zoning district requires a minimum of 1,300 square feet to be included in houses in that zone; that the City does have an Ordinance, 11-2-411 B.2., that allows certain percentages of the DANBURY FAIR 5, 6, & 7 ANNESATION FF & CL Page - 3 homes to be 1,001 to 1,100, 1,101 to 1,200, and 1,201 to 1,300; that the Applicant has stated in the Application that 1,100 square foot would be the minimum size home. 10. That in prior annexation requests the Planning Director has commented that a perimeter fence should be required; that comment is equally applicable to this annexation application. 11. At the hearing Bernadine Morgan testified that her property, containing nearly five (5) acres, is near Parcel 7; that it looks on 14 back yards and she questions whether or not that side could be fenced; that she has horses and young people from the Danbury Fair Subdivision cut across her place and she is concerned for their safety. 12. That Melinda Harper gave testimony regarding that construction workers should clean up after themselves better as they-- leave-- unch -trash. behind; that adequate dumpsters and portable facilities should be made available on the job site; that sa ety for the children should be considered as construction workers leave lots of nails and things laying around; that street lighting should be available, and not offensive; that the speed for the traffic be reduced to 25 miles per hour because of the children living in the area; that Ms. Harper was agreeable to the graveled pathway and hoped there is a restriction on motorized vehicles. 13. That the developer of Danbury Fair, Dennis Baker testified regarding the environmental issues and the proposed pathway; that he wants the same density they asked for. 14. That written testimony was received by Douglas DANBURY FAIR 5, 6, & 7 ANNERATION FF & CL Page - 4 Noltemeier, a professional geographer, along with signatures of nineteen homeowners and residents living in the vicinity of Five Mile Creek who are opposed to the annexation of land adjacent to Five Mile Creek; Mr. Noltemeier and the signers are concerned over the loss of vital riparian habitat to a variety of birds; they proposes the creation of a minimum 50-foot wide greenbelt with a bike and walking path along Five Mile Creek; Mr. Noltemeier proposed planting trees, wild flowers, vegetation, additional habitat and shade which would create a more aesthetically pleasing area. 15. That comments were received from the Assistant City Engineer, City Planning Director, City Fire Department, Meridian School District, Ada County Highway District, Ada County Street Name Committee, Central District Health, Nampa Meridian Irrigation, -Idaho Power- and US West; that such comments are incorporated herein as if set forth in -full . __._ __ 16. Shari Stiles, Planning and Zoning Administrator, commented that some block lengths exceed 1,000 feet; that stub streets to the north and south need to be provided and if a variance application is granted, ten-foot-wide pedestrian walkways with five-foot paved walkways will be required; that sidewalks need to be constructed in accordance with City Ordinance, including along Locust Grove Road and Pine Avenue; that the name, address and telephone number or the owner or the subdivider needs to be~added to the plats as well as easements for Five Mile Creek; that non- combustible fencing will be required outside of Settlers Irrigation DANBURY FAIR 5, 6, & 7 ANNEXATION FF & CL Page - 5 District, Nampa-Meridian Irrigation District, and/or Bureau of Reclamation easement areas, along with respective agency approvals, prior to obtaining building permits; .that since Five Mile Creek is designated as a pathway in the Comprehensive Plan, Applicant must submit a plan in accordance with Ada County Pathway Plan; that all pedestrian walkways need proper lighting; that ditches will need to be tiled unless a variance is applied for and granted by the City Council; that the minimum house size needs to be included on the plat; that the proposed street names be shown on plat and that a development agreement is required as a condition of annexation. 17. Bruce Freckleton, Assistant to City Engineer Gary Smith, submitted comments among which were that the legal descriptions submitted with this application don't follow the boundaries of the preliminary plat map; that the discrepancies need to be cleared up and new legal-.descriptions per Resolution 158 (Aug.16, 1994) need to be resubmitted;'that the seasonal high ground water elevation and profile of the sub-surface soil conditions need to be determined; that any existing irrigation ditches crossing the property to be included in this platting, shall be tiled per City Ordinance and the plan will need to be approved by the appropriate irrigation district; that the proposed restrictive covenants and/or deed restrictions shall be submitted for review; that a 250 Watt High Pressure Sodium Street Light will be required at the subdivision's entrance off N. Locust Grove Rd.; that any existing domestic wells and/or septic systems within this subdivision will have to be removed from their domestic service per City Ordinance, DANBURY FAIR 5, 6, & 7 ANNEXATION FF & CL page 6 • but wells may be used for r_on-domestic purposes such as landscape irrigation; that the Applicant needs to submit information detailing the traffic impact on existing or adjacent roadways and intersections; that identification and labeling of the existing easements of record for Five Mile Creek as they pertain to this proposed development needs to be added; that the Preliminary Plat map needs to be stamped, signed, and dated by the Land Surveyor who prepared the map and indicate any existing FEMA Flood Plain Boundaries or any plans to reduce said boundaries; that each parcel will carry the phase number and label of the existing platted subdivisions and that water service to this development is contingent on positive results from a hydraulic analysis by our computer model. 18. That the Meridian School District commented on October 10, 1994,-regarding this application, that its comment made in its letter of October 3, 1994, that the District was in-need of land to be dedicated or made available to the district for a school site, was in error. 19. That the Applicant did submit a subdivision plat application showing how the property would be developed; that after a review of the original preliminary plat of Danbury Fair, which was titled Benham Park Subdivision, it appears that portions of the land now requested to be annexed, which abut Locust Grove Road and Pine Street, were not portions of the original plat of Benham Park Subdivision. 20. That the property is shown on the Meridian Comprehensive DANBURY FAIR 5, 6, & 7 ANNEXATION FF & CL page - ~ • Plan as being in an Existing Urban Area. 21. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 22. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 23. That the property can be physically serviced with City water and sewer. 24. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') _ _ wide . " - 25. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 26. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" . 27. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, DANBURY FAIR 5, 6, & 7 ANIiiERATION FF & CL page - 8 • • to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 28. That Section 11-9-605 L states as follows: __ Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Planning and Zoning Commission shall consider the Bicycle Pedestrian Design Manual for Ada County (as prepared by Ada County Highway. District) when reviewing bicycle and pedestrian pathway provisions within developments. 29. That in prior requests for annexation and zoning the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an DANBURY FAIR 5, 6, & 7 ANNEBATION FF & CL page - 9 • approved development agreement; that such comment is equally applicable to this Application. 30. That in -1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 31. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots DANBURY FAIR 5, 6, & 7 ANNEXATION FF & CL Page - 10 • • in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 32. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. DANBURY FAIR 5, 6, & 7 ANNERATION FF & CL Page - 11 • • 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls_L 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant .shall be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L, 11-9-606 b. 14 and plans for Five Mile Creek in accordance with the Ada County Pathway Plan; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any DANBURY FAIR 5, 6, & 7 ANNEXATION FF & CL Page - 12 • development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de- annexation and loss of City services, if the requirements of this paragraph were not met. 10. That the Applicant's property is shown on the Generalized Land Use Map as being in an Existing Urban Area; that development of the land in a residential capacity would be in compliance with the Comprehensive Plan, and therefore the annexation would be in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, and of the Ada County Highway District, Settlers Irrigation District, Nampa & Meridian Irrigation District, Meridian Fire and Police Departments, and the comments of the Meridian Planning Director, shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled, if annexed, as a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That these conditions shall run with the land and bind the applicant and its assigns. 14. That since only a portion of the property proposed to be annexed now was a portion of the original preliminary plat of Danbury Subdivision, which was known as Benham Park Subdivision, that as a condition of annexation, only that portion of this DANBURY FAIR 5, 6, & 7 ANNEXATION FF & CL Page - 13 • Application which was a part of the original preliminary plat of Danbury Subdivision should be allowed to have houses which are less than 1,300 square feet; that that portion which is requested to be annexed and zoned which abuts Locust Grove Road and Pine Street and was not part of the original Danbury Subdivision, should meet the 1,300 square foot minimum house size in the R-8 Residential District. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER ~ VOTED l al COMMISSIONER ROUNTREE VOTED_~~~ COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED RECOI~IIKENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law; that if the conditions are not met that the property should not be annexed, or if the land has already been annexed, that it be de-annexed. MOTION: DANBURY FAIR 5, 6, & 7 AriNEXATION FF & CL Page - 14 APPROVED: DISAPPROVED: DANBURY FAIR 5, 6, & 7 ANNERATION FF & CL Page - 15 • • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions this 15TH day of DECEMBER , 1994. ROLL CALL COUNCILMAN MORROW VOTED COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED VOTED (INITIAL) ~j(~ APPROVED L/ DISAPPROVED. FINDINGS OF FACT AND CONCLUSIONS OF LAW - DANBURY FAIR 5. 6 AND 7 RECEIVED DEC 2 8 X994 CITY OF MERIDIAN '~a~ir~ui & ~1Zi~idta~ ~I~ratgatcoa~ Z~ca~ziet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 22 December 1994 Phones: Area Code 208 Dennis Baker OFFICE: Nampa 466-7861 Boise 343-1884 B W, IriC. SHOP: Nampo 466-0663 250 South Beechwood, Suite 120 Boise 345-2431 Boise, ID 83709 RE: Pressure Urban Irrigation System - Danbury Fair Subdivision - Construction Contract - Letter Dated 15 December 1994 from John Anderson to James Holden of Hubble Engineering, Inc. Dear Mr. Baker: It would appear that your plans for a pressure urban irrigation system are progressing and that Mr. John Anderson, the District's Water Superintendent is reviewing these plans for this system. In order to allow for a smooth transition of ownership, operation and maintenance from you as the owner/developer to the Irrigation District, I would encourage you to contact me at the Office telephone number listed above or the District's Attorneys, Steve Mahaffy or William F. Ringert, at 342-4591 to discuss the contractual arrangements that is necessary to complete the transfer of ownership, operation and maintenance. There is a basic contract that is required and additional documents that are necessary to accompany the contract. Preparing these as early as possible will help prevent unnecessary problems later on. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent , ~~ Attorney - Ringert ~ {~ [~ Attorney Mahaffy ', t :'~ I f James Holder - Hubble Engineering, Inc. _ City of Meridian Ada County Development Services enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • • MERIDIAN PLANNING & ZONING COMMISSION MEETING:_(_yOVEMBER 9.1994 APPLICANT: BzW.. INC. AGENDA ITEM NUMBER: 9 REQUEST: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DANBURY FAIR SUBDMSION 5.6. AND 7 _ _ __ _ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: FINDINGS OF FACT AND CONCLUSIONS OF LAW ,~~ a L Y ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: w "- C~ 1 , o~„ ~I ~ ~~r~' ~ ~,~-~ cQ~ ~°~ ~ OTHER: • Meridian Planning & Zoning Commission October 11, 1994 Page 58 Rountree: They have to be amended. ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DANBURY FAIR SUBDIVISION 5, 6, AND 7 BY B.W. INC.: Johnson: I will now open the public hearing and invite a representative for Danbury Fair subdivision to come forward. Dan Torfin, 250 South Beechwood, Boise, was sworn by the City Attorney. Torfin: Mr. Chairman, members of the Commission the application before you tonight contains a request for annexation and zoning, and preliminary plat approval for the 3 parcels that are shown on this map over here on the easel. These parcels are located adjacent to the existing developed and developing Danbury Fair subdivision which is designated as R-8 zoning. The parcel to the lower left is designated as phase 5, it contains 33 lots on 10.4 acres. That is also designated as an area for urban development on the comprehensive plan, it is located on a collector street adjacent to a potential green belt area. The highest and best use for property with those classifications would be for multi family and high densities, we are proposing single family that is compatible with the surrounding area including existing homes to the west across the Five Mile Drain. We are proposing a pocket park, it is the green area in that middle block that will be developed with playground equipment. Sewer and water services will be extended to serve this project. Access will be through the existing Danbury Fair subdivision through a street that is currently scheduled to be constructed sometime in November. No development would occur in that area until that street was extended. Like I said this phase is adjacent to the Five Mile Creek which is a potential greenbelt area. We are contemplating preserving access for the Nampa Meridian Irrigation district along the Five Mile Creek. There is approximately 15 to 18 feet of an existing road that they have. We are also proposing that area could be developed as a green belt or a pathway, a multi-use pathway which in my mind that is probably a gravel pathway, we are talking bicyclist and possibly equestrians and walkers. We would like, if we develop that as a pathway we would like to make sure the City of Meridian would take over ownership and maintenance of that pathway that could be incorporated into a master pathway system for you as things develop along the creek. Phase 6 which is the piece over to the east side and it fronts on Locust Grove contains 73 lots. It is on 18.93 acres. We have modified that area based on some requirements from ACRD and I would like to hand out a new 8 1/2 by 1 copy that shows the stub streets. One to the north, we have been approved by the Ada County Highway District subject to providing a stub street to the north as shown in the northeast corner of the phase 6. And the main reason for that was there is a parcel of ground between our project and another project that is proposed to the north and it is kind of a narrow deep piece and they are concerned about access for that parcel. The City of Meridian has a • Meridian Planning & Zoning Commission October 11, 1994 Page 59 requirement that blocks lengths will not exceed a thousand feet. We have put the stub street in at this location and we still have, if you interpret the block length from the stub street to the northwest comer we are still over 1000 feet, if that is in fact the interpretation in your ordinance we would see a variance from the City Council when and if we get to that level. We are also proposing an access from this #6 phase to a park that is proposed in phase 3 that will be developed in the spring of 1995. We also, while we are talking about a park if I could point it out, in this area right here in phase 1 which contains a basketball court and play ground equipment I would like to give you a hand out on that. (inaudible) They are, these parks are owned and maintained by the homeowners association and have provided in the developed phases recreation opportunities for the residents of Danbury. We have received a favorable comments from the homeowners in the subdivision. Phase #7 which is the northerly portion in the small culdesac was included within the original preliminary plat of Danbury Fair. We are constructing a veterinary clinic just north of that parcel and went through a rezone that required us to go back through the process and include some R-8 property that was rezoned and was previously approved by the City Council. It contains 12 lots on 3.07 acres. It is adjacent to commercial and the green area is a buffer that is proposed to be installed in conjunction with the development of the vet clinic. The Danbury Fair Subdivision is an entry level subdivision, it is a transitional zone surrounded by some heavier commercial and industrial uses. We are heavily, strongly involved in the architectural control of the subdivision, we are kind of proud of the subdivision, the location and what we have been able to accomplish as far as the looks of the homes and the quality of the subdivision. I would like to hand out a couple of pictures to you. We feel like Danbury is one of the quality entry level housing subdivisions in the area. We accomplished that by a strong architectural control committee. We require all homes to have brick, in many cases we have gone back and made the builders do, put more brick on if it doesn't seem adequate. We require everything to be approved and strong control on fences and colors. And we feel like we are doing a good job on that. like I said we are in a transitional area, primarily in a mixed planned use area where there are other developments and other things that are happening out there other than residential. We are requesting R-8 zoning for this property with the 1100, 1200 and 1300 square foot homes. We are not allowing anything under 1100 square feet. I would like to show you this map and this map shows, this is the vicinity right here and to the north of us is some commercial uses that are under construction right now. To the northeast we have the auto salvage yard, these are our neighbors, over here to the east we have a tool manufacturing plant. This would be across a field that was proposed for some development, high density residential and industrial, across from them we have the (inaudible) plant. This parcel over here to the south (inaudible) homes that are compatible with what we have developed. They are older homes, they are probably 15, years old and probably of the similar size. This is another neighbor right across the creek from us, the creek lies right here. This is another home in the area and also along the west boundary of this development we have apartments, high density. So we feel strongly • Meridian Planning & Zoning Commission October 11, 1994 Page 60 that in order to compete and in keeping with what we have done at Danbury so far we need to have the R-8 zoning and be able to build the 1100, 25% would be 1100 square foot, 25% - 1200, and then 50% would be 1300 and above. Regarding, we received a letter from Dan Mabe of the School district indicating that his original letter submitted to the City was in error and that they did not require a site in this area and that they felt like with the bond election and some other schools that they have planned that they could adequately serve without a school in this area. I will introduce into the record a copy of that letter. As I stated previously, they feel that the school that they have planned in the Edgeview Subdivision off of Cloverdale will adequately provide some classroom space for this development, 118 lots this is probably a 3 to 5 year project so we are not talking about this subdivision coming on line all of a sudden. In fact we are building phase 4 of Danbury right now. Which contains 66 lots. The traffic plan for this subdivision has been approved by ACRD, their board of Commissioners approved this new preliminary plat of 5, 6, and 7 last week with the condition that we provide the stub streets. We are providing, we have 2 access points right now for the development which is Stonehenge to Pine and Stonehenge to Fairview in a circuitous route and you can see the existing streets depicted on there that link that all together. With the new development we are putting in a third access point out to Locust Grove and Locust Grove will be a major road that will be able to handle the additional traffic load even as it exists now we will widen it to meet ACHD's requirement. They have asked for 45 feet from center line. In addition to that another stub street is proposed in this location, ties into Atkins Lane which is an existing gravel road that can also provide another access point for the subdivision. When the preliminary plat for Danbury Fair was approved their was a stub street shown to this 18 plus acres and at that time we entered testimony on the preliminary plat that someday that street would go through and here we are now with plan for it. The land package had been put together but the farmer that farmed that ground didn't know (End of Tape). In the staff report for this project, the City Engineer is indicating that he would like. to have the traffic analyzed. Ada County Highway District has not put that requirement on us and with 4 access points which is probably more access for a subdivision of this size than any that probably exist in Meridian to this degree, to major arterial roads. We feel like the analysis is complete, there was a traffic study completed when we went through the first time it was approved by ACHD. So we would like to have that requirement stricken. Back to the Five Mile Creek, we have just recently gone through an engineering analysis of the floodplain for the Five Mile Creek. I believe your Mayor and City Engineer have received correspondence from FEMA that modified the floodway and floodplain lines in this area. It was based on new data, the topography was in error and we showed through new topography that the floodplain didn't actually exist to the extent that was shown meandering through phases 3 and 4. It has now been pulled over, the floodway is totally in the channel of the Five Mile Creek and the floodplain line now runs right through here in phase 5 only of any of the Danbury property developed or proposed for development. Our plan for that is to remove that from the floodplain by means of fill and that is in that area somewhere around 3 to 6 Meridian Planning & Zoning Commission October 11, 1994 Page 61 inches and we have done that in the past. It is just a process with FEMA. In all actuality the road that the bike path is on is above that line, it is a highway spot and there is a little swell behind the access road that needs to be filled. Gary Smith, your City Engineer may be able to respond to the recent information received by FEMA. We have submitted covenants for this for the new phases, the master declaration which has been recorded. As we develop we just annex the additional phases to that, that is our plan. We are also proposing to provide pressurized irrigation, we are retro-fitting the existing phases and our design that we have right now and that we are completing getting the approvals on will service these future phases. That is about all I have, I would be happy to answer any questions you have. Johnson: Any questions of Dan? Anyone else from the public like to come forward? Bernadine Morgan, 1187 East Fairview, was sworn by the City Attorney. Morgan: Where the #7 is on the map there is our property and we look into 14 back yards. Would there be any possibility that we could have that side fenced please. Johnson: How much acreage do you have their? Morgan: About 5 Johnson: Is there just one home on it? Morgan: Yes (inaudible) and across the back it is 14 backyards. Everything that you don't want to put in the front you put in the back. We have young people from Danbury subdivision cutting across our place. We have horses in there in the summer time and we don't want anyone to get hurt. That is it. Johnson: I appreciate your comment, thank you. Anyone else? Melinda Harper, 1004 North Scrivner Way, was sworn by the City Attorney. Harper: I have friends that live in the Danbury Fair development and I commend the developer on the phases so far, they are very attractive. I have no qualms there, since .you get sarcastic as it gets later I will make it quick. One thing, there is a lot of trash and debris that is created during construction and this is nothing new to anybody. I know that when my house was being built that houses around me were being built I could tell you every day what every construction crew worker had for lunch because I picked it up. I am hoping that there will be dumpsters that will be supplied and hopefully mandated for the builders to use. And although many people may not think about it I hope their are portable • • Meridian Planning & Zoning Commission October 11, 1994 Page 62 toilets please because I get tired of people doing it in public. There are safety hazards, lots of nails and things laying around and children love construction sites, so I hope that is considered. I am trusting and I hope that there will be lighting that is good and safe and yet is not offensive for those of us who live behind. Traffic, there is a big problem of traffic and it is increasing and I have sat here tonight and so far there are 4 developments coming up that will be affecting Locust Grove, Layne, D & B, Bedelco and now Danbury. So I am hoping that traffic is addressed and I would like to see that road, you are saying there will be a setback and I know that road is going to be widened eventually, I would like to see the traffic speed on that road diminished to 25 miles per hour because there are children on that road and as these houses are coming on line there will be more children. Buffering, I do see that you have some buffering and it certainly looks nicer than what we have, I won't say anything there. I hope that ordinances are observed and as it starts getting darker even though the nights tend to be longer in the summer that the builders who are there will at least take us into consideration and not putting on a roof at 12:00 o'clock at night. As for a gravel pathway, that sounds really nice, it would be nice to have a gravel pathway with bikes and walking, I hope there is a restriction so that motorized vehicles are not allowed. Thank you. Johnson: Thank Melinda, anyone else? Dan would you come up we have a couple of questions for you and you probably have a couple comments you want to make. One thing, the question regarding the fence up by the numeral 7 there is that a possibility, is anything planned for that? Torfin: Typically what we have done and I think for the most part along the Morgan's boundary with exception of maybe one parcel the homeowners have fenced. Johnson: That has been the trend. Torfin: That is what we, if we are up against a ditch than we will. Johnson: There is no ditch there. Torfin: No, the ditch comes in and goes this way. Johnson: It is not in your covenants they have to fence though? Torfin: No Johnson: The photograph you gave us of the basketball court is that a photograph of what is there now? Meridian Planning & Zoning Commission October 11, 1994 Page 63 Torfin: Yes, that is the most northerly part and then we have this park down here which is nearly double that size and then the park here which is (inaudible) a basketball court in the northerly one and playground equipment and grass and pathways and it (inaudible). The people like to have those near their homes so they can watch their kids from their kitchen windows and they are positive. Johnson: Are you aware of the petition that the City has received signed by some 18 or so individuals opposing this project? Torfin: Yes, we have seen it, I make my point again that we are compatible with what they have on that side. I think, it seems like the issue was losing the wildlife habitat and it is afield of weeds right now with an irrigation road access along it. There (inaudible) inside the channel but for the most part, I may have some pictures. I can show you what (inaudible) I guess we like the birds and the bees and the animals as much as all of these people on the other side, they, if you can see in the picture those developments have come right to the bank so there is not room for access along there and there is no (inaudible) area at all. We are proposing to maintain a 15 to 18 foot area for a gravel pathway. I don't' think it necessarily needs to have sod down the side of it, maybe windflowers or some other type vegetation that provides a cover and a corridor for the bids along there. Johnson: Have you had any meetings with any people that object to the, I believe on Cathy Lane? Torfin: No I have not, I just received the staff report Monday and haven't really had a chance to address it. Johnson: Anyone else have any questions? Tim Hepper: We just had a subdivision just north of where that 6 is (inaudible) right above that we had a piece there that adjoins the salvage yard there. We had lots of testimony from residents in Danbury Fair that wanted us to keep that at 1300 square feet. If I remember right we did except for those pieces of property that were on the northern edge that were adjoining the salvage yard we allowed them to go with the smaller footage homes, but the balance of those homes was required to be 1300 square feet and that was mainly because of concerns of the residents in Danbury Fair. Torfin: I will tell you that in Danbury right now, 50% of the homes that are 1100 and 1200 square feet and you probably weren't hearing from people that couldn't afford 1300 square foot house. If you look at these houses that I have given you, from the outside the 1300 and the 1100 look a lot the same. There is a little bit difference in price. And in this • • Meridian Planning & Zoning Commission October 11, 1994 Page 64 transitional zone and given the surroundings if we had to build 1300 or larger everyplace north of Locust Grove requires 1300 or larger we couldn't compete for one thing and we are also trying to provide an area where there is a transition in these mixed uses to allow for some of these entry level homes. A 1300 is an entry level also, but the 1100 and 1200 are important to a lot of people. It is the difference from them being able to get into a home or living in an apartment. I think if we eliminate that, especially in this area, you will see us back, or see other people back proposing apartments because it is astronomical the cost to get into a house anymore. So, I think with the mix we are proposing 50% to be 1300 we are not proposing anything less than an 1100, we have a lot of people that live in there that is the difference for them to be able to get into a home. And they are nice homes. Hepper: First of all everything north of Fairview on Locust Grove is 1350 or bigger, a lot of them are going to 1400 now. I don't think we are passing anything that is (inaudible) so if you had 1300 I don't think we have any subdivision in Meridian that we passed lately that we allowed 1300 so you would still have an edge on the market. Torfn: I think there are still quite a few homes, unplatted lots north of Locust Grove that can build a 1300, 1350, I think they are almost the same thing as far as 50 more square feet in a home. I don't think it pencils out, if you had the option of going here or going north you would probably go north given the manufacturing concerns and the commercial concems and the traffic. I say that, we want to be able to compete and we are business and we want to compete, but also there is a need and that need is going to travel west to Canyon County as there are no more affordable lots in Meridian or anywhere else. Hepper: I feel if Canyon County wants 1100 foot houses they can have them, personally I really don't feel that the residents in Meridian want 1100 foot houses. I realize from an economic standpoint as a builder, because I am a builder that 1100 foot houses economically sell a lot better and there is a need for them. With the growth that Meridian has got I don't' necessarily feel that the people of Meridian want 1100 foot houses in Meridian. Torfin: I don't know what the numbers are. Hepper: It is just an opinion thing, I think a 1300 square foot house you would still have an edge on the market because everyone else is required to have something a little bigger. Most of them are going bigger than that, beyond that anyway, they are going 1400, 1500 square feet. Torn: As a builder do you see a iot of those larger homes not moving though in Meridian? Meridian Planning & Zoning Commission October 11, 1994 Page 65 Hepper: Yes, because of the interest rates, just recently before that we were selling them as fast as we could build them. As soon as the interest rate went up then everything came to a screeching halt. Torfin: And we are faced with that too, so everything like that will cause us problems. I guess I disagree if you can go north and build a 1350 or in a 1400 you would probably do that and I would just ask that you give us consideration given the area in which we are located and the things that are proposed at Locust Grove, the existing uses. Hepper: Would you be willing to compromise on the square footage, they have a requirement I think it is 10% 1100 and 20% for 1200 square feet, would you be willing to compromise and go 30% 1200 square feet and then the rest bigger or something like that? Torfin: We have already eliminated the 1000 square so we are not proposing that first step in there, 1100 is the bottom. I feel like we are compromising and we wanted to make that step to keep the quality up in the subdivision and that was a compromise and we carry that throughout all the other phases of the Danbury Fair. Johnson: We have to move this along, we are running into tomorrow. Anything else? Is there anyone else before I close the public hearing? Dennis Baker, 250 South Beechwood, Suite 120, Boise, was sworn by the City Attorney. Baker: Mr. Chairman, members of the Commission, due to the late hour I just wanted to make a thank you for your indulgence and would like to make one comment as the developer of Danbury. I am also the developer of several other subdivisions over the last 25 - 27 years in the area here and Island Woods is one of them, I address myself to Island Woods as one of the ones where we had a lot of environmental issues. As to this petition that was addressed talking about repairing an area along the Five Mile Creek. With our environmental experts the environmental engineer Mr. Gebhardt and his wife Joyce Gebhardt botanist (inaudible) as we looked into all of this along the river and the (inaudible) north and south channels which are on the actual island of Eagle Island what we found was it was incompatible to have pedestrian traffic up and down a green belt area along the river and still protect the (inaudible) and the wildlife areas. If we are going to have a path and green belt along Five Mile then you don't need to expect that you, are going to have (inaudible) wildlife area in that area. The biggest single detraction to bald eagles for wintering and the biggest single detraction to wildlife along the rivers is pedestrian traffic and not living close to the river. It is the pedestrian traffic, this is not Dennis Baker speaking this is documentation by way of studies that have been done on Eagle habitat and other wildlife habitats. I think you might consider that in your considerations and your findings of fact. We really also feel on the density issue that we .~ • • Meridian Planning ~ Zoning Commission October 11, 1994 Page 66 would like to hold to the densities that we are asking for with the area to the east of us across Locust Grove in an industrial range for commercial industrial, allowing from some residential. I don't' think you are going to find much residential mixing too much in there with the industrial commercial unless it is extremely carefully monitored as to how you put your industrial commercial next to your residential. It would have to be very carefully monitored. So we have the industrial on the north of us on the east and on the south of us and we have an older neighborhood on the west of us not in the best of condition. We ask that you consider us as we have submitted to you tonight. Thank you. Johnson: Thank you Mr. Baker. Is there anything else? I will close the public hearing at this time. We need findings of fact prepared on this. Shearer: I move we have findings of fact and conclusions of law prepared for this project. Rountree: Second Johnson: Moved and second that we have the City Attorney prepare findings of fact and conclusions of law for Danbury Fair Subdivision 5, 6, and 7, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR GROVE RUN SUBDIVISION BY JLG BUILDERS: Johnson: Is there a representative for the JLG Builders? Joe Glaisyer, 3955 North Cowboy Lane, Star, was sworn by the City Attorney. Glaisyer: Gentlemen, I am back again requesting for annexation on a piece of parcel that is located off of Locust Grove with approximately 5 acres and I am requesting, originally I asked for 40 units, and because we had some testimony by some neighbors who felt the density was too high we have re-evaluated that decision and I thought we could make the project be economically feasible at 36 units, and that is what I have proposed for you today. I believe you have all the information as required, to my knowledge that was given to you prior to the last meeting but somehow it didn't get passed along. At any rate I think you have everything you need here now. I know it is late and there are several other people that want to testify for and against. So other than that I would just entertain any questions you might have. Johnson: Thanks Joe, any questions of Mr. Glaisyer? MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 11 1994 APPLICANT: B W INC AGENDA ITEM NUMBER: 1S REQUEST: REQUEST FOR ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR DANBURY SUBDIVISION NO 5 6 AND 7 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SEl`TLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS COMMENTS FORTHCOMING SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS " ) U" SEE ATTACHED COMMENTS ~~ p ~~ r SEE ATTACHED COMMENTS ^~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: A HUB OF TREASURE VALLEY . COUNCIL MEMBERS OFFICIALS A GOOd Place TO LIVe RONALD R. TOLSMA WILLIAM G. BERG. JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAk YERRINGTON ~ ROBERT °. CORRIE WALT W. MORROW GARY °. SMITH, P.E. City Engineer $HARI STILES BRUCE o. sTUART, water works supt. 33 EAST IDAHO Planner 8 Zoning Administrator JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chief phone (208) 888-0433 • FAX (208) 887813 Chairman -Planning 8 Zoning WAYNE G. CROOKSTON. JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor FACSIMILE COVER SHEET TO: FAX NUMBER: ~~~+ ~ ~~~ DATE: ~'~ ~~~ DELIVER TO: ~/~~~ TITLEIDEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME: ~~~ l r TITLEIDEPARTMENT: COMMENTS: ~~,~ ~~ , ~f -~i~t ~Oh CP~f-I /f2 ~j ~ GZa2.a~z ~~'~ ~z ~ ~ ~, i6 ~= ~ PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888-4433 ** TX CONFIRMATI~REPORT ** 4 AS OF DEC 09 '9 :20 PAGE. 01 CITY OF MERIDIAN DATE TIME 05 12109 16 19 2 TOiFROM 08 888 9936 MODE MINiSEC PGS CMD# STATUS ____ _ _________________G3__S_ 00'41" 001 066 p{< OFFICIALS HUB OFTRF~9SURE V,9[.L,,Ey WILLI4M G, BERG. JR., City CIBrk A Good place to Live C JANICE L.GASS, CiI 7 y re9DUrer GARY D. SMITH P E OII i E /^1TR1~ T ~ /~~~ l ~' / OUNCIL MEMBERS RO , . . y ng naw BRVCE 0. STUART, Wa/cr Works Supt O~ ~./1 ~ 1,/E FY ~~T A ~T j 1 ^ NA~O R. 70~SMA M40. YERa1NGTON .JOHN T. SHAWCROFT, WBBIa WalerSupt. KENNY W. BOWERS. Flre Clliat W " " ,(,~Lv 33 EAST IDAHO R08ERT D. CORRIE WAIT W, MORROW .L BILL GORDON, Pollee Celer wAYNEG,GR00K$TON JR Al MERIDIA,IV, I]~ AHU 83642 $NARI STILES , ., lornay _ 3 FAX 1208) 887 ~ ~ l h Plalnrgr62oning AprlilmaVawr a D ~g l3 PUb l c W f ~ epaftmBRl (208) 887.221 l JIM JOHNSON Chairman • PI&nning 6 Zonin GRANT P. KINGSFORD g MaYOf TO: FACSIMILE COVER SHEET FAX NUMBER: ~8~- ~~.3~j DATE: ~~ ~ ~- Cj DELIVER TO: ~~7` TITLE/DEPARTMENT: ADDRESS: CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMBER (208) 887-4813 NAME:_ //t~/ ll TITLEIDEPARTMENT: / COMMENTS: `7?P,~1~sZ,G~ P ~iz~,.e /~ a o -, . ~ ~' ~ ~ ds2 7D~/i2 ~~ ~~ ~~~ 6 o o iO~L. O/z CC~f sZ/~2 ~ GZ~-c.~u PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY. (208) 888~g3 i ~~ -~ INTER-DEPARTMENT ._ - ~_ CORRESPONDENCE DNBRY567/DSTECH .LENN J. RHODES, President 10-5-94 =BERRY R. HUBER, Vice President _'r,P~IES E. 6RUCE. Secretary TO: ACHD Commission DATE: September 28, 1994 FROM: Development Services SUBJECT: PRELIMINARY PLAT - DANBURY FAIR SUBDIVISION 5, 6, & 7 Meridian - Preliminary Plat; Annexation/Zoning (Developer - B.W., Inc., 250 S. Beechwood, Boise, ID 83709) (Engineer/Surveyor - Hubble Engineering, Inc., Gene Smith, 9550 Bethel Ct., Boise, ID 83709) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS- 1. Danbury Fair 5, 6, & 7 are phases of a large single family residential subdivision. Danbury Fair 5 (see map) contains 33 building lots. Danbury Fair 6 contains 73 building lots. Danbury Fair contains 12 building lots. The three new phases contain a total 118 building lots on 32-acres. The properties are located on the west side of Locust Grove, to the south of Fairview and the north side of Pine (see map). There are 5,160-feet of new public streets planned. Danbury Fair 7 was previously annexed into the City of Meridi- an's corporate limits with an R-8 zoning. This application includes an annexation by Meridian and zone change from RT to R-8 for Danbury Fair 5 and 6. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian ACRES - 32 FEET OF NEW PUBLIC STREETS - 5,160 LOTS - 118 PRESENT ZONING - R-8, RT PROPOSED ZONING - R-8 ESTIMATED VEHICLE TRIPS PER DAY - 1180 TRAFFIC ANALYSIS ZONE - 266 L.F. OF FRONTAGE ON Locust Grove - 660-feet MOST RECENT TRAFFIC COUNTS - N/A FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT DANBURY FAIR SUBDIVISION ~ 6, & 7 September 29, 19 Page 2 ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet; 45-feet from centerline Locust Grove is improved with 20-feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. Danbury Fair 7 will be connected to the public street system via an existing stub street from Danbury Fair 1, Penrith Place. Penrith Place connects to Stonehenge Way which con- nects Fairview and Pine. 4. Danbury Fair 6 proposes a single access to Locust Grove on its east property line. The developer proposes to vacate portions of Adkins Lane, located within and adjacent to Danbury Fair 6. Adkins Lane is a local public street with 18-feet of pav- ing in 40-feet of right-of-way. If the vacation process is approved, a public turnaround to ACHD standards shall be re- quired before the final plat is approved. 5. Staff recommends a stub street to the north from the proposed Barrington Drive and to the south at Adkins. 6. Danbury Fair 5 proposes to connect to the public street system via a stub street from the proposed Danbury Fair 4, Ashford Street. This phase has no street connection to any existing public streets. The District will not sign the plat for this parcel until the adjacent street system that it connects to becomes part of the public street system. Ashford Street will connect to Stonehenge Way. 7. Locust Grove is scheduled for improvements in the ACRD Five Year Work Program, therefore staff recommends that a deposit be made to the Public Rights-of-Way Trust Fund for the re- quired street improvements (5-foot sidewalks) on Locust Grove abutting the parcel. 8. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on October 11, 1994. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way from the centerline of Locust Grove abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. ~~ 2. Dedicate a 15' x 15' triangle (or appropriate curve) of right- of-way at the corner of the proposed access point to Danbury PRELIMINARY PLAT DANBURY FAIR SUBDIVISION • 6, & 7 September 29, 19 Page 3 Fair 6 and Locust Grove abutting parcel to keep the street improvements in the public right-of-way. 3. Direct lot or parcel access to Locust Grove is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 4. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements (5-foot sidewalks) on Locust Grove abutting the parcel. 5. Provide a stub street to the north from the proposed Barrington Drive and to the south at Adkins. STANDARD REQUIREMENTS• 1. Street and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District standards and poli- cies. 3. 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 Professiona•1 Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street im- provements. Authorization for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. PRELIMINARY PLAT ANBURY FAIR SUBDIVISION ~ 6, & 7 September 29, 199 Page 4 Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable ameni- ties placed in said lot. Drainage lots and their use restric- tions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and appropriate action by ACRD. 10. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 11. Developer shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until all fees have been paid and a copy of the recorded plat has been provided to ACF~ staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. A right-of-way permit must be obtained from ACfID for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment 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 Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: .~ Larry Sale