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Summerfield Subdivision No. 3 AZ • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer ITY OF RONALD R. TOLSMA I GARY D. SMITH, P.E. City Engineer MERIDIAN OBERT D. CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste watersupt. 33 EAST IDAHO WAYNE S. FORREY, AICP KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN IDAHO 83642 ~ Planner BZoning Administrator WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman • Planning 8 Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: 2 , ) 99 y TRANSMITTAL DATE LOCATION OF PROPERTY OR PROJECT: 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,C/C _ WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER HEARING DATE : Z " ~' 9 Y MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: REQUEST : .7~I'~MQ~CG~' i O+~'~ / ~~.c.,.,_ ~)~ ~, ~ ,,,,,~ ~„ ~/, ~ ~O J ~ . L, ~E~EI~ED JAN 1 8 1994 APPLIATION FOR ANNEXATION APPROVAL & eI'T'~' ~~ ~~~ ZONING OR REZONE ME8II3IAN PLANNING AND ZONING COMMISSXON I. GENERAL INFORMATION E`ILING INFORI~ATIaN SUMMERFIELD SUBDIVISION (PROP03ED NAME OF SUEDxVISIONj Sect:ian 32, T. ~T,.R.lE.. B.Mt. Ada Countv Idaho (PGENERAL LOCATIONy Attached (LEGAL DESC~2IPTION - ATTACH IF LENGTHY) Vienna F. Vaughn Trust, William Vaugh (714)857-1772 __ (OWNER{S) OF RECORD) (NAME) (TELEPHONE NO.) 1769.2..Cassia Tree Lane, Irvine, California 92715-2823 (ADDRESS} Max A. Boesige~, Inc Max Bo sinar (208)853-2001_ _ (APPLICANT) (NAME) (TELEPHONE N0.) 6479 Glenwood, Boise, Idaho 83703 {ADDRESS} Hubble Engineering, Inc., James C. Merkle, P.E. (208)322-8992 { ENf~INEER, SURVEYOR OR PLANNRR ) ( NAME ) ('xELEPHONE NO . ) 9550 W. Bethel Court, Boise. Idaho 83709 (ADDRESS) ~_ ridan Ci (JURISDICTION(S) REQUIRING APPROVAL) Single family residential subdivision (TYPE CF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL} ± 0 No ACRhS OF LAND IN CONTIGUOUS OWNERSHIP. (AGCFPTED EY : ) ( ~'F;E ) /..~~ ~HF~. • • '`' `~ RUBBLE ENGINEERING, INC. 9 y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 RVE January 17, 1994 Mr. Will Berg City Clerk City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Proposed 0.74 acre Ustick Road Annexation Dear Mr. Berg: RE~E~~~I~ JAN 1 8 1994 CITY OF MERYDIAN The attached application contains a request by Max A. Boesiger, Inc., for approval of annexation and zoning of a 0.74 acre parcel of ground located on the North side of Ustick Road between Locust Grove and Eagle Road. The applicant proposes a zone designation of R-4 for approximately 0.74 acres. The property is currently zoned R-T County. The subject property is presently agricultural. The 0.74 acre parcel lies adjacent to the existing Summerfield Subdivision and will be platted in conjunction with a future phase of the approved Summerfield Subdivision. This annexation request is in conformance with the City of Meridian Comprehensive Plan's Land Use Map date August 1993. All essential services will be extended to service this development, (i.e. sanitary sewer, domestic water and other utilities). The streets within this project will be public and will be constructed in accordance with the Ada County Highway District Standards. Thank you for your time and consideration. Please call me if you have any questions Sincerely, ames C. Merkle, P.E. Project Manger is\807.1tr cc: Max Boesiger, 6479 Glenwood, Boise, Idaho 83703 s i ~ ~~ • ~'~0~ '~ -°~'0~0 '~ PROPOSED 0.74 Ac. k ® L~" ~ ANNEXATION PARCEL. ~ fk ~ ® ~~ ®~ ~ rr '~~ Zvi - soo~+e~4~ ~ rf u+.ar ~ '°~~, $ ~ ®~ ~ ® $ \ ~ ~, aoo,e'.rE g ~ooo~ ~ ~ ~~ ~ ~ ~ ~. ® ~ ~ ~ ~yai ~ soose'+3'c cr ~ ~~ ~ 4 'd "~ ~ °~ ~ o.~ $~ ~'~~tis I ~~ a t~ ~ ~ _ ~~ ~~ k SO6 10'S3~ ,as.~s' B ~ ® ® ~ ~srzo"w ,. ~~~ ~~ Omar & ® I ® r0 N pb'37~2~1 rl E ,m.s+' ~oos~t ® ~ ~ ~yrsdt .., ~ N ~r23'a w ~~aar ~ ~ ®~~~ ~,~, ® __ ~ '~~ w ~'.~~ X41. srad ~ 0° ~ d ® ~~ O ~ s oa~'~o' e ~z~as IN .iY,YlAO N ~~ s 06~TZO' g ~ ~~.~+' o ~ ~ .r ® ~ ~ scrota ~ M .f-,f1.00 N ~ S O6'3/'2p' E ~ »3e~' i 1 ~~ W ~ A s ~ ~ 0 ~ ~ E s ~:t~ ~ ~ O i 3 .z+Aioo s $ ~~ ~ ' O .00 OZ~ ~ .cti.~4oo s I W OPTION TO PURCHASE AGREEMENT • RECEIVED JAN 1 8 1994 CITY aF ME~11~lAN THIS AGREEMENT is made and entered into this 20th day of September 1993 by and between the Vienna F. Vaughn Trust herein referred to as "VAUGHN" and MAX A. BOESIGER INC.. and Idaho corporation, herein referred to as "BOESIGER". The parties agree as follows: A. VAUGHN owns the real property on Ustick Road near the intersection of Locust Grove described as: Parcel A. (20 acres). more or less. as described on Exhibit "A" attached hereto and by this reference incorporated herein. Parcel "A" does not include the portion in the southeast corner containing the house and outbuildings and having approximately 90' frontage on Ustick Road and approximately 325' depth (exact dimensions will be generated from the final plat design). The real property is located in Ada County. Idaho. and is hereinafter referred to as Parcel A. B. The parties have agreed that Boesiger shall have the option to purchase the subject property under the terms and conditions herein~ifter set forth. 1. PAYMENT FOR OPTION ON PARCEL A. 1.01. Boesiger has paid the sum of FIVE THOUSAND AND NO/100 DOLLARS (x5000.00) to Vaughn which is non- refundable upon execution of this agreement. This option money shall be credited to the purchase price of the Option Agreement -1- ~. ''~ - " RECEIVED .IAN 1 8 1994 property.' C(~~I( ti,~l' Y~i;ti-ji31~N 1.02. In addition to the aforesaid option money and as a condition of this option, Boesiger agrees to pay all water assessments, real property taxes, and assessments of every kind and nature levied or assessed against the real property described as Parcel A in Exhibit "A" to the extent attributable to any period of time after Sept. 1, 1993. Vaughn shall pay any such assessment levy or taxes and present a bill to Boesiger. If Boesiger fails to reimburse Vaughn for the amount so paid within thirty (30) days from the date such bill is presented, then Boesiger shall have no further option to purchase parcel A and all purchase money paid shall remain the sole property of Vaughn. 2. OPTION PRICE TO PURCHASE - PARCEL A. The purchase price of parcel A shall be FIFTEEN THOUSAND FIVE HUNDRED DOLLARS per acre, payable upon final plat approval by the City of Meridian, but no later than March 1, 1994. 3. CLOSING. Closing agent shall be Pioneer Title Co. of Boise. Id. Boesiger shall give Vaughn 30 days notice, in writing, of intent to exercise. Vaughn will direct the closing agent to prepare deeds conveying the property requested by Boesiger upon receipt of the legal description thereof, and to act in accordance with the terms and conditions of this agreement and any written modifications thereto. The closing agent shall, upon payment by Boesiger of Option Agreement -2- . - - ~ ~ RECEIVED ~ ~ N ~ s ~ss~ CITY vF ~tt~~DIAN the amount due for the release of the Warranty Deed. deliver the Warranty Deed to Boesiger and deliver the money so paid to Vaughn. Boesiger agrees to pay all closing costs excluding any real estate commission. Boesiger agrees to bring utilities (underground electricity, phone. cable t.v.~ gas and sewer) to residence at 2180 E. Ustick. Boesiger agrees to hook up sewer to said residence. Boesiger agrees to build fence on west and north side of 2180 E. Ustick residence. 4. RESTRICTIONS ON ASSIGNMENT. Boesiger shall not have the right to assign its rights under this option without prior written consent of Vaughn. 5. WARRANTY DEEDS / WARRANTIES. 5.01. At closing. Vaughn shall deliver to Boesiger a Warranty Deed to the property being acquired under the terms and conditions of this option agreement. The subject property shall be free and clear of all liens and encumbrance s except for easements. rights of way, and encumbrances of record. and those obviously existing upon the subject property. Vaughn will pay for title insurance. 5.02. Vaughn makes no warranties as to zoning, soil condition. or the suitability of the property for development and Boesiger covenants and agrees to nnti~n Aereemenf -3- - ~ ~ ~ ~ RECEIVED JAN 1 8 1994 CITY OF NiER~~1AN accept the property "as is" without warranty. G. NO LIENS / IMPROVEMENTS, ETC. Boesiger covenants and agrees to incur no liens to the property until Boesiger is the owner of record of the subject property. 9. NOTICES. Any notice to be given under and pursuant to the terms of the Option Agreement shall be deemed delivered when mailed through the United States certified mail, postage prepaid, return receipt requested. addressed to the respective parties hereto at the following addresses In the case of Vaughn: Bill Vaughn (714) 857-1772 17692 Cassia Tree Lane Irvine, CA. 92715-2823 In the case of Boesiger: Max A. Boesiger Inc. 6479 Glenwood, Suite. A Boise. Id. 83703 (208) 853-2001 10. NON-RECORDATION. The parties agree that neither this Agreement nor any memorandum hereafter shall be recorded with the County Recorder or any other entity. 11. ATTORNEY FEES AND COSTS. In the event either party hereto shall commence any action involving this Option Agreement. the prevailing party in such litigation, as determined by the court, shall be entitled to judgement ' ~ ! ~ RECEIVED ,~ A ~ 1 8 1994 C~T'Y ~D~ ~1~~ry,~°~i~ against (he other party for the prevailing party's reasonable attorney fees and costs and expenses of suit. in addition to the other relief granted by ttre Court. including such fees. costs and expenses on appeal thereof. 12. E3INDIN(i CI'I~ECT'. 'I'bis agreement shall be binding upon the heirs. administrators. executors. and successors and assigns of the respective parties hereto. 13. INDI?btNI1=ICATION. floesiger agrees to indemnify and Irolcl harmless Vauglrt~ against arry liability arising from Cloesiger's development of tFrls property. SI~LLCRS: Vienna r. Vaughn Trust By William T. Vau hn, r., Co-Trustee By Charles B. Vaugh , Co-Trustee Ul~t ion Agreement -5- ~ ~ • ~~~~x~~~ r ~~ r,~ 1 $ sc~~4 C~'~ ~' ~ ~, ~.~ :., :, , ~y i+¢+~.. Yf.W ld'y~ S'L'ATE OF WASHINGTON ) ss. County of King ) On this September~~~l , 1993, before me a Notary Public in and for said State, personally appeared William T. Vaughn, Jr., known or identified to me to be the person whose name is subscribed to the foregoing instrument as Co-Trustee of The Vienna F. Vaughn Trust, and acknowledged to me that he executed the same as such trustee. Sto~ary-~Public for Washington, ` Residing at ~.~^ i•~-(- WA. My commission expires: /~•,J cj-~' J STATE OF NEVADA ) ss. County of White Pine) Oc.~lr6~~ On this /8 , 1993, before me a Notary Public in and for said State, personally appeared Charles B. Vaughn, known or identified to me to be the person whose name is subscribed to the foregoing instrument as Co-Trustee of The Vienna F. Vaughn Trust, and acknowledged to me that he executed the same as such trustee. ~tary Pub ~j6r Nevada, esiding a NV. My commission expires: 6~~~gyl '' ~ " '4. ~ ~! ~.Uzt~~ GAYIE AP TRq ::~~~~~ : : ' ~ $ ti'GIARI'Pl/BII~C•S~lTfo/lk'~IDA .,~i YP=,;,~J Wh!1e P±ne Counly. W'++ad:~ APPr Exp Ju ,~Q 5. 149~i ~ RECEYVED JAN 1 8 1984 ExtlI13I'r „A,~ CITY UF' I~I~RIDIAN Tt~e West 1/2 of Southeast 1/4 of Sout}~west~ 1/4, of Section 32, 'rownsllip 4 North. Range 1 East, Boise Meridian. in Ada County, Idaho. excluding the residence situated thereon at 2180 E. Ustick Road, Meridian, Idaho 83642. Option Agreement -8- 1 ~ ~~ ~ .: .. t • 9,~os~ PROPERTY OWNERS WITHIN 300' OF %~I~.Cec_ , SUMMERFIELD SUBDIVISION Raymond ate. ~ D 3610 N. Locust Grove I ~ ~ ~ 8 1994 Meridian, ID 83642 C~~'Y U~ tia~~~r~1~N Ustick 40 Partnership 2820 E. Ustick Meridian, ID 83642 Vienna Vaughn, Trustee 2180 E. Ustick Meridian, ID 83642 June Huskey c/o James Hollister 9888 Edna Boise, ID 83704 Tom Davis 2740 E. Ustick Meridian, ID 83642 Leon Johnson 1570 E. Ustick Meridian, ID 83642 Herbert Dalrymple 3539 N. Locust Grove Meridian, ID 83642 Alfred Gibbons 3545 N. Locust Grove Meridian, ID 83642 Herbert Lee 3665 N. Locust Grove Meridian, ID 83642 Michael Donahue 3775 N. Locust Grove Meridian, ID 83642 ~. .~ '~ • • Eugene Quenzer 3680 N. Black Cat Road Meridian, ID 83642 E. E. Brinegar 1639 Conant Burley, ID 83318 Robert Minton 2035 E. Ustick Meridian, ID 83642 Cleah Cooper c/o Vern Alleman 2101 E. Ustick Meridian, ID 83642 V. L. Holladay 2315 E. Ustick Meridian, ID 83642 Craig Lacy 11458 Alejandro Boise, ID 83709 Vern Alleman 2101 E. Ustick Meridian, ID 83642 Phillip Kotschwar P.O. Box 190 Middleton, ID 83644 .1,~ ~ 1 8 1994 Ci3° Y" ~~° t~r,ti~t3~r~t1~I ~\,\~ ENGItiF~9~ s_ ~/ Project No. 93050 ANNEXATION DESCRIPTION 110' X 295' PARCEL ON LOCUST GROVE ROAD x/322-8992 ^ Fax 208/378-0329 .I n ~! 1 8 1994 ~~ i Y ~Y e•+tLYi13J'f January 14, 1994 A parcel of land located in the SWi/4 of the SE1/4 of the SW1/4 of Section 32, T.4N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 31 and 32, T.4N., R.1 E., and Sections 5 and 6, T.3N., R.1 E., B.M., thence North 89°43'17" East along the South boundary of said Section 32, A distance of 1791.51 feet to the REAL POINT OF BEGINNING. Thence North 00°01'36" West, 295.00 feet to a point; • • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 thence North 89°43'17" East, 110.00 feet to a point; thence South 00°01'36" East, 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43'17" West, 110.00 feet to the Point of Beginning. Containing 0.74 acres, more or less. Prepared by: RUBBLE ENGINEERING, INC. vy ~ -~. S!1 `4f ~ ~ 1 ~ ~~-~~-9 ~ F 0 F ~ ~~ ~R R:Y ~ ~~ D. Terry Peugh, P.L.S. DTP/bh/816.des 1 ~ ~~ ~wo~ ~ „oc,~ao ~ k .~a`/~t ~ ~ ® ~ ~ ~ ~ ~ u4N' ~ w ® ~~ 8 -~ ~ fooer~ _:~® ,,..~ ~ ® ~aoo~ ~ ~ ~~ o ® ~ ® ~® ~ ~~ ~~ ~ ~ ~ ~ g ~ .~~ ~~ ~ ~~ ~ ~ ® b~ ~ ® ~, ~, ~- 1 +~ ® ~'! ~~ d y~,"d ~ofB «~tr~~ ~ ~ ® _ soa,r4s-E '~ ~..od _ _ ,.aao' ® ' ~ _ _ , ~' w Ko~s~'~'" aos~s2'+~ sf fos'sr~ ,o~.e~ yc,a, s~.+d ~ ~ j:~ ~ h No~sr'ad'w ~ Q sossrz~ ~ ~ ~ a o~'~ e ® $ ~j AA .~YAIAO N n a6's~'zar w id ® +~ t07.3~' ^~d g °L~ Z ~ a f ~~.01' ii ~' ~ e! ® ~ ~ ® '~~ M ~,tIAO N ~ ~.~ ~ N tt'73~ W ... 1{f.CC , f 'GS'S1'M f ~ ® I • PROPOSED 0.74 Ac. ANNEXATION PARCEL. ~~ ~,~ ~~~ .~~ ,~.~r ~4{r pp~ X~ W O O ~ .OD'0!1 7 .£/,f1.00 f • Copy To: VVlttt Encl. T iMth Enc:t. ,wl~n :End. Slgned: .,w: ~ ~ `~ ' ;; =~- ~_ :, r~ TOTAL MILE3t ~ TOTAL TIME: '" . ~ TlME DE).IVER~J:; RECfEl1~Q ' ;~ _ ,' ,~ ~. _ >, ..yti ; r"'„~~.. ,,ate .. January 17, 1994 Mr. Will Berg City Clerk City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: 0.74 Acre Annexation Request Dear Mr. Berg: I Max A. Boesiger, President, Max A. Boesiger, Inc., do hereby request annexation and R-4 zoning fora 0.74 acre parcel of land located on the North side of Ustick Road approximately 1800 feet East of Locust Grove Road. Sincerely, 1/// J^/~rp' Y r V \ ~~~ l//~ Max A. Boesiger, President Max A. Boesiger, Inc. State of Idaho ) ss. County of Ada ) On this 17th day of January, 1994, before me, the undersigned Notary Public for said State, personally appeared Max A. Boesiger, known to me to be the president of Max A. Boesiger, Inc., whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. •484~8 408 & 6 d 86~~,~,~R 0«;' r ~Y ~ ~~ n aye u A ~ :> ee rs ® ~~~ ~ ~; ~~ G ~® AEI T3 L~ ®° ,~ ~d~m~}~fA~e~r~~~ra~d~~°o .~~~ r. Notary Public for I Commission Expires: ~ ~ ~ -~ ~~ Residing in: ~t2Q/1~~ C~ '`' ~~' RUBBLE ENGINEERING, INC. 9 y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 Project No. 93050 ANNEXATION DESCRIPTION 110' X 295' PARCEL ON LOCUST GROVE ROAD January 14, 1994 A parcel of land located in the SW1/4 of the SE1/4 of the SW1/4 of Section 32, T.4N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 31 and 32, T.4N., R.1 E., and Sections 5 and 6, T.3N., R.1 E., B.M., thence North 89°43'17" East along the South boundary of said Section 32, A distance of 1791.51 feet to the REAL POINT OF BEGINNING. Thence North 00°01'36" West, 295.00 feet to a point; thence North 89°43'17" East, 110.00 feet to a point; thence South 00°01'36" East, 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43'17" West, 110.00 feet to the Point of Beginning. Containing 0.74 acres, more or less. Prepared by: NUBBLE ENGINEERING, INC. ~ti '~ ~~31 0 ~~ ,~.~~ ~ F OF ~`~~z \R RY Q% D. Terry Peugh, P.L.S. DTP/bh/816.des EXHII3I'f "A" u The West 1/2 of Southeast 1/4 of Sout}iwesf 1/4, of Section 32. 'I'ownsl~ip 4 North. Range 1 East. Boise Meridian. in Ada County. Idaho. excluding tl~e residence situated thereon at 2180 E. Ustick Road. Meridian.-Idaho 83642. Option Agreement -8- ~ `~~ PROPERTY OWNERS WITHIN 300' OF ~rn`~~`~ , SUMMERFIELD SUBDIVISION Raymond Ante 3610 N. Locust Grove Meridian, ID 83642 Ustick 40 Partnership 2820 E. Ustick ` Meridian, ID 83642 Vienna Vaughn, Trustee 2180 E. Ustick Meridian, ID 83642 June Huskey c/o James Hollister 9888 Edna Boise, ID 83704 Tom Davis 2740 E. Ustick Meridian, ID 83642 Leon Johnson 1570 E. Ustick Meridian, ID 83642 Herbert Dalrymple 3539 N. Locust Grove Meridian, ID 83642 Alfred Gibbons 3545 N. Locust Grove Meridian, ID 83642 Herbert Lee 3665 N. Locust Grove Meridian, ID 83642 Michael Donahue 3775 N. Locust Grove Meridian, ID 83642 ~~~ • • • Eugene Quenzer 3680 N. Black Cat Road Meridian, ID 83642 E. E. Brinegar 1639 Conant Burley, ID 83318 Robert Minton 2035 E. Ustick Meridian, ID 83642 Cleah Cooper c/o Vern Alleman 2101 E. Ustick Meridian, ID 83642 V. L. Holladay 2315 E. Ustick Meridian, ID 83642 Craig Lacy 11458 Alejandro Boise, ID 83709 Vern Alleman 2101 E. Ustick Meridian, ID 83642 Phillip Kotschwar P.O. Box 190 Middleton, ID 83644 • 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,ldaho, at the hour of 7:30 p.m., on April 5, 1994, for the purpose of reviewing and considering the Application of Max A. Boesiger for annexation and zoning of approximately .74 acres of land located in Section 32, T. 4N, R. 1 E, Boise-Meridian, Ada County, Idaho, and which property is generally located on the north side of Ustick Road between Locust Grove and Eagle Road. The Application requests annexation with zoning of R-4. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Half, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 15th day of March 1994. ~--'' WILLIAM G. BERG, JR., CITY CLERK k~--~--~ ~~o~ ~ „~,~ao ~ k .tL`rY ~ ~ ® ~ ~ ~ ~ k ~ s t.ses' fir ® ~~ '~ soate'.re :~ ,,..e. ~ PROPOSED 0.74 Ac. ANNEXATION PARCEL. ~ ~ ~,~ o ® ~ ~~ ~ ~~ ~: ® ~ ~` ~ ® ~ ® ~ y ~4 ~~ '~ ® ~ 4 ~ ~. s~ d ~~d ~o~ ~ '~'q3 ;~ ~~ ~,~ soo~+rst ts~.se~ ~.`. n< o rn .~.:viiod _i ~i _ ate. k 306'37' 10db0 tQ3~~ ® b ~ O D ~ O F o sos~'so''E ~ to7.,r ® ~ ~ ~ ~ ® ~ N ob~s7'7~ w 9dt to7at' t ® ~ ~ .~ ~ M tt~a W ~ nb~ ® .. w ~~ O 90.4t• 37.iC ~ 0 • ~ r ~ ~, ® ~~ O ~ s o6~7'~ e t~7.6~ ® ~~ ,aoru M .ri,t1.00 N sab'E ~ 171.Ot' o ~ ~! ® ~ ` ~c~~ ,~ $$ M ~'-,t1,00 N ~ s06 ~M e ~ W dd O i ~~~~~~~} Q w^s« ~AI.00 s ( ~ i O i ~ ~., W ~ I ~ ~ ~ ~ V u-~ u ORDINANCE NO. ~~S p,N ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 32, T.4N:, R.lE., B.M., ADA COUNTY, 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 located in the SW 1/4 of the SE 1/4 of the SW 1/4 of Section 32, T.4N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 31 and 32, T.4N., R.lE., and Sections 5 and 6, T.3N., R:lE., B.M., thence North 00°01'36" West, 295.00 feet to a point; thence North 89°43'17" East, 110.00 feet to a point; thence South 00°01'36" East, 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43' 17" West, 110.00 feet to the Point of Beginning, is hereby annexed to the City of Meridian, and shall be zoned R-4 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: ANNEXATION ORDINANCE - SUMMERFIELD NO. 3~BOESIGER Page 1 r 7 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. 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 /~~"day of April, 1994. ANNEXATION ORDINANCE - SUNII~IERFIELD NO. 3\BOESIGER Page 2 . • • APPROVED: MAYOR -- GRANT RI S ATTE T: ~~ ~ ILLIAM G. BERG, J - CITY CLERK 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 PORTION OF THE S 1/2 SW 1/4, SECTION 32, T.4N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE, passed as Ordinance No. 6 ~~ , by the City Council and Mayor of the City of Meridian, on the ~ ~~ day of April, 1994, as the same appears in my office. DATED this l~ ~ day. of April, 1994. City Clerk, City Meridian Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) On this /9~~day of April, 1994, 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.. ANNEXATION ORDINANCE - SUMMERFIELD NO. 3\BOESIGER Page 3 . • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificat ~ first above written. ~ // SEAL ,rrr/rlrrrr,,rW^~~ V`k- ~ ii a ~~ e r~ ~ ^ G ~. N i..l Z. J., „~' ~ J ~ ~ :. ~~~ , ,'111j 1111111``~1`~ Public -for Idaho g at Meridian, Idaho ' Fission Expires z 9 ANNEXATION ORDINANCE - S~JNII~ERFIELD NO. 3\BOESIGER Page 4 C~vU°'V f1m En/~ E~ ORDINANCE NO. 645 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 32, T.4N., R.lE., B.M., ADA COUNTY, 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 located in the SW 1/4 of the SE 1/4 of the SW 1/4 of Section 32, T.4N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 31 and 32, T.4N., R.lE., and Sections 5 and 6, T.3N., R.lE., B.M., thence North 89°43'17" East along the South boundary of said Section 32, a distance of 1791.51 feet to the REAL POINT OF BEGINNING. thence North 00°01'36" West, 295.00 feet to a point; thence North 89°43'17" East, 110.00 feet to a point; thence South 00°01'36" East, 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43'17" West, 110.00 feet to the Point of Beginning, is hereby annexed to the City of Meridian, and shall be zoned R-4 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: ANNEXATION ORDINANCE - SUNII~IERFIELD NO. 3~BOESIGER Page 1 • 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. 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 3R day of May, 1994. City of Meridian, Ada County, Idaho, this D ANNEXATION ORDINANCE - SiJI~IIrIERFIELD NO. 3~BOESIGER Page 2 • . APPROVED: YOR -- GRANT P. KI GS RD ATTE T: f,~.,~.....~1 1~~1~~"t-~ ~ WILLIAM G. BERG, JR. -- CITY CLERK 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 PORTION OF THE S 1/2 SW 1/4, SECTION 32, T.4N., R.lE., B.M., MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE, passed as Ordinance No. 645 , by the City Council and Mayor of the City of Meridian, on the ~~ day of May, 1994, as the same appears in my office. DATED this ~~ day of May, 1994. ~~~~~~~ . City Clerk, City f eridian Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) On this day of May, 1994, 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. ANNEXATION ORDINANCE - SUMMERFIELD NO. 3~BOESIGER Page 3 • • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. e SEAL ,"" c, E L . G,'•, =~~~ ~' ~~ -~ n'°UQ l.~C' ~ F kly ~ :'i ® ~ I ublic for Idaho at Meridian, Idaho ssion Expires o~ ANNEXATION ORDINANCE - SUl~II~iERFIELD NO. 3~BOESI(~ER Page 4 i ~ Meridian City Council April 19, 1994 Page 21 • • ENTITLED "ENCROACHMENTS", WHICH SHALL GOVERN IN AREAS OF SPECIAL FLOOD HAZARDS WHEN FLOOD ELEVATIONS HAVE BEEN PROVIDED BUT FLOODWAYS HAVE NOT; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #643 read in its entirety? Entertain a motion. Tolsma: Mr. Mayor I move we approve Ordinance #643 with suspension of the rules. Corrie: Second Kingsford: Moved by Ron, second by Bob to approve Ordinance #643 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #7: ORDINANCE #644 - SCICSOE REZONE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS COMMENCING AT THE SECTION CORNER COMMON TO SECTION 6 AND 7 TOWNSHIP 3 NORTH, RAGE 1 EAST, AND SECTIONS 1 AND 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #644 read in its entirety? Entertain a motion? Yerrington: Mr. Mayor, I make a motion that we approve Ordinance #644 with suspension of the rules. Tolsma: Second Kingsford: Moved by Max, second by Ron to approve Ordinance #644 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #8: ORDINANCE #645 - SUMMERFIELD ANNEXATION:r ~ s i • Meridian City Council Aprit 19, 1994 Page 22 Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1 /4 OF THE SE 1 /4 OF THE SW 1 /4 OF SECTION 32, T. 4N, R. 1 E, B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #645 read in its entirety? Counselor, would you do that honor? Crookston: Ordinance #645, AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SW 1 /4 OF THE SE 1 /4 OF THE SW 1 /4 OF SECTION 32, T. 4N, R. 1 E, B.M., ADA COUNTY, 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 the 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 Cit of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land located in the SW 1 /4 of the SE 1 /4 of the SW 1 /4 of Section 32, T. 4N, R. 1 E, B.M. Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 31 and 32, T. 4N, R. 1 E, and Sections 5 and 6 T. 3N, R. 1 E , B.M. thence North 00°01'36" West, 295.00 feet to a point; thence North 89°43'17" East, 110.00 feet to a point; thence South 00°01'36" East 295.00 feet to a point on the South boundary of said Section 32; thence South 89°43' 17" West, 110.00 feet to the Point of Beginning, is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the findings of fact and conclusions of law as adopted y the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to the 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 developer 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 ~ . • Meridian City Council April 19, 1994 Page 23 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 the annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to 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. Section 3. That the City Clerk shall cause one (11 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 with 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 blank which would be 19th day of April, 1994. Approved: Mayor Grant P. Kingsford, Attest: William G. Berg, Jr. City Clerk. There is a notary, designating this is a true and accurate copy of the ordinance and then there is a notarization, do you which those read? Donahue: I was just curious wasn't there a stipulation about a soccer field to put in there and standard size in the conclusions of law. Crookston: Not in this particular portion of Summerfield. This is .74 acres of ground, it is a parcel that is a small piece. . Donahue: That small existing house is going to be included in this. Crookston: Yes, you don't want the rest of it read. Donahue: No Kingsford: Is there a motion? Morrow: Mr. Mayor I would move that approve Ordinance #645 with suspension of the rules. Corrie: Second • • Meridian City Council April 19, 1994 Page 24 i - ~ Kingsford: Moved by Walt, second by Bob to approve Ordinance #645 with suspension of the rules, is there discussion? ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #9: ORDINANCE #646 - FAWCETT'S MEADOWS ANNEXATION: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND IN THE NORTHWEST 1 /4 OF SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public that would like Ordinance #646 read in its entirety? Entertain a motion. Corrie: Mr. Mayor, I move we approve Ordinance #646 with suspension of the rules. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve Ordinance #646 with suspension of the rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #10: AMENDED RESOLUTION 111-A -BUILDING PERMIT FEES: Kingsford: AN AMENDED RESOLUTION BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, PROVIDING FOR THE ADOPTION OF THE CITY OF MERIDIAN BUILDING PERMIT FEES SCHEDULE. WHEREAS, the City Council of the City of Meridian deems it in the best interest of the City of Meridian to amend the 1987 Resolution 111 Building Permit Fee Schedule to reflect a 25% increase which shall read and set forth in exhibit A attached hereto and which exhibit is by the reference herein as if set forth in full. Council members are you prepared to approve amended Resolution 111-A. Morrow: Discussion Mr. Mayor, in referring to the minutes to the last meeting it would appear to me that Mr. Corrie's motion was and I am quoting, "Mr. Mayor I move that we go to a 25% increase on the fees at this point, residential excuse me, ~- t „~ • Meridian City Council April 19, 1994 Page 29 • Kingsford: Other questions for Mr. Lee? Is Council prepared to make a decision? Morrow: Mr. Mayor I move that we approve the final plat of Tract subdivision No. 5 subject to installation of the pressurized irrigation system. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of Tract subdivision No. 5, 75 lots conditioned upon pressurized irrigation system, all those in favor? Opposed? MOTION CARRIED: All Yea Lee: Can I ask a question about that pressurized irrigation? The waiver requests on these subdivisions I assume apply on all of them? Kingsford: Certainly, there are as we have been advised by Nampa Meridian Irrigation district someplace they just can't service so that would be the intent of leaving that waiver in place in our ordinance, it will be for that purpose only. Lee: t know in Tract Subdivision in particular they have been forfeiting their water rights as the subdivision has proceeded, but we will address that. Thank you. Kingsford: Again I would encourage you to hang in and listen to Mr. Baker's comments because he is looking at retrofitting and I believe that Nampa Meridian will still be willing to work with reassigning those water rights. ITEM #13: FINAL PLAT: SUMMERFIELD SUBDIVISION NO. 3, 64 LOTS B# MAC BOESIGER AND NUBBLE ENGINEERING: Kingsford: Does Council have any questions for Mr. Boesiger or his engineer? Corrie: Mr. Mayor, I guess I have some problems again with Gary's comments, why do we have 63 lots now and the preliminary showed 56 lots. We are changing lots sizes from the preliminary to a final, why? I guess Max you can. Merkle: A little history on the project, when the preliminary was submitted and approved it was submitted under an application by G.L. Voight Construction. The Bonn property was the easterly 20 acres I believe which this phase is now. Subsequent to the approval of that Mr. Voight did not obtain that property Boesiger has that property now. You approved the ordinance earlier for a little .74 annexation .. ~~ • Meridian City Council April 19, 1994 Page 30 for the piece of the southeast corner of the Summerfield. When we went through the Planning & Zoning public hearing and the Council public hearing for that annexation we talked about extending that culdesac and bringing it up. Because if we lengthen the culdesac it would be in variance of your ordinance of 450 feet. We have met with ACRD on that and they have no problem with the interior modification of the street layout. When we added that .74 acres and extended the culdesac, we added several lots along that area. When we bring that culdesac into the intersection, when you look at the layout and compare the 2 you have to tine up the intersection. So, there is some street modification in the southeast corner of the preliminary plat to meet this final plat. And just by the function of realigning the streets, we have added several lots. We are still in compliance with the approval and the findings of fact and conclusions of law for the preliminary plat which talks about the density of the annexation for the 70 acres, we are in compliance of that. When we sat down in January with Planning & Zoning staff on how to proceed on this issue this is exactly the way we were advised to proceed. Was to submit for the annexation of the .74 acres and address the layout change when we submitted our final plat and that is exactly how we proceeded. Kingsford: For clarification that was the Planning & Zoning Administrator and with Mr. Smith and myself and Mr. Merkle last Thursday and that was discussed. Merkle: It was yesterday. And to address an issue that may come up, we are installing pressurized irrigation in this and all the phases of Summerfield Subdivision. Cowie: So, you don't have any other problems with the engineers comments? Merkle: No, we can comply with Gary's comments. Kingsford: Have you submitted your CC&R's? Merkle: Not on this particular phase, but I have them here in my hand right now. I am not sure what the progression of Summerfield No. 1 CC&R's are, but they would. just be an amendment to them. And I have those here this evening, I would just suggest that we make this a condition of the signature of the final plat that this be resolved and approved by the City Attorney. Crookston: I would have to look back to see whether I reviewed the initial ones or not. Merkle: To apologize on my part we have never had to bring these CC&R's at this stage from my understanding. But, if we have to in the future we will definitely • ~.. • • Meridian City Council April 19, 1994 Page 31 include that in our obligation package. Kingsford: We will be getting out a checklist it is a little more definitive of those things and I will make sure you get that. Corrie: Did you also get that Summercrest? Merkle: Yes, we will submit that Ada County Street Name Committee approval to Gary prior to him signing the final plat. Kingsford: Any other questions? Donahue: Can I ask a question? Kingsford: Well, I would be willing to do that, but it might be more appropriate to ask him maybe in the foreroom. Donahue: Well, it is concerning the findings of fact and conclusions of law that were done by the City Council December 7th, in there is states straight out that the density there would be 3 lots to the acre (inaudible) and now there is not. So, I would like to know how we can change the conclusions of law. Merkle: Mr. Mayor, members of the Council we are less than 3 lots per acre over the total 70 acres of the Summerfield subdivision. Donahue: On the application it says 3.2 in phase 3. Merkle: The approval and findings of fact and conclusions of law for the Summerfield subdivision said a maximum of 3 units per acre, it is not an exact density it is a maximum density. Donahue: Because in the sworn statement and (inaudible) stated in there Kingsford: Ms. Donahue, if we proceed with this would you come up to the microphone so we can get it on tape please? Donahue: Well, I am just kind of confused because I get all this that is sworn testimony and Don Hubble on August the 17th, 1993 we have seen a number of concerns (inaudible) about the neighboring property owners for the primary concerns of our density, traffic and school crowding. Our density for this project is slightly less than 3 lots to the acre and we are applying for an R-4 which would allow for a total ~ ~, • • Meridian City Council April 19, 1994 Page 32 of 4 lots to the acre, so we are not near the maximum density of this zone. So in other words they were going to stay less than 3 houses per acre. And now all of a sudden it has changed again in phase 3 and I thought this was all cut and dried and voted on. Kingsford: The findings that you have there cover all phases of that subdivision, and all phases of that subdivision they will be under 3. Donahue: You are averaging is that what you are saying. Kingsford: That is what the findings talk about is for that subdivision and that was all annexed at the same time and that is what you have in your hand. They all wilt be when you look at that parcel of land under 3. Donahue: I will have to redo that, okay if it is under 3. Kingsford: Is Council prepared to deal with that issue now? Are there any other questions of staff? Morrow: Mr. Mayor I would move that we approve the final plat for Summerfield subdivision No. 3 subject to staff conditions and pressurized irrigation system and CC&R's. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of Summerfield subdivision No. 3 subject upon pressurized irrigation, and submittal and approval of CC&R's and staff approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: FINAL PLAT: WATERBURY PARK SUBDIVISION NO. 4, 35 LOTS BY RAMON YORGASON AND ROY JOHNSON: Kingsford: Does Council have any questions for Mr. Yorgason or staff? Morrow: I have a question for Gary with request to his comments and sanitary sewer easements lots 31, through 35 Block 1 needs a clear easement unencumbered by fences. Is the alignment of North Ridgebury Avenue and West Woodbury Drive following the existing sanitary sewer line. Item #4 show a 20 foot wide sewer easement in the leg of Lot 30 Block 1 from Woodbury Drive. Have those • Meridian City Council April 5, 1994 Page 40 • Borup: Yes, we really haven't looked at it too much and talking to the engineer, but would that be with Mr. Smith? Corrie: Right Borup: That was one of our thoughts, the benefit to have one system with subdivisions surrounding it not on it. Corrie: Perhaps the others would go on and after they find out it is a lot cheaper to have irrigated water than it is to have City water. That is just my though to you. Kingsford: Of course the other side of the coin is it gives you a competitive sales advantage too as it does Mr. Goldsmith even though it will cost a little more upfront it is going to be a selling feature to those buyers. Borup: I think we can get year round water in the past it has not been a sales advantage it has been negative for some of them. And they have chose not to even put their sprinkler system on it because they didn't want an interruption of service and hauling the hoses the rest of the year. Kingsford: We had testimony from, who was it Mr. Morrow in Boise that had done several? Morrow: Dennis Baker Kingsford: That they are pleased with some of the systems they put and of course they were not managed by Nampa Meridian, but he was a real voice in favor of pressurized irrigation. Corrie: Mr. Mayor, 5 minute recess. Kingsford: 5 minute recess for the people with the need. 5 MINUTE RECESS ITEM #14: PUBLIC HE RING: ANNEXATION AND ZONING FOR SUMMERFIELl~ SUBDIVISION BY MAX OESIGER AND RUBBLE ENGINEERING: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. • • Meridian City Council April 5, 1994 Page 41 Jim Merkle, 2105 North Cantor Place, Eagle, was sworn by the Attorney. Merkle: Mr. Mayor, members of the Council I'm here tonight on behalf of Max Boesiger the applicant. On your little vicinity map in your packet you will see the original Summerfield Subidivision that was annexed and has been developed in phases over the last 6 months. Down in the lower right hand corner is a little .74 acre piece and that is what we are talking about tonight. This .74 acre annexation and zoning request is located along Ustick road in the southeast corner of Summerfield Subdivision.. This area would have been included in the original annexation and zoning request along with the Summerfield subdivision which was approved last summer however at that time the actual property line in the negotiation between the developer and the homeowner that lives in that house there, they had to decide how much property they wanted to keep out. Now the actual location of the property line between the subdivision and the existing residents has been agreed upon and there is a little bit that can be added into the subdivision. That is what we are here to request annexation and zoning. I read Wayne Forrey's comments and agreed that this area would be subject to the conditions of approval of the Summerfield Subdivision and regarding the development agreement and everything that is in that issue. However, when f read the findings of fact and conclusions of law that were from Planning and Zoning on page 6, lines 4 through 14 I believe were possibly taken from another project because they refer to things that don't have anything to do with Summerfield subdivision. It talks about the fire station, Nine Mile Drain and bridge and I think. those were taken from a different subdivision. I would request that if you approve this that you omit that. Kingsford: I don't think there is anything wrong with you moving Nine Mile Creek up there. Corrie: And put in a pressurized system. Merkle: And by the way Summerfield subdivision is on pressurized irrigation. Kingsford: Any questions for Mr. Merkle on that? Morrow: I have a question with respect to ACHD's comments, site specific requirements number 2. It says direct lot or partial access to Ustick Road is prohibited in compliance with District policy. Block access restriction shall be stated on the final plat. Merkle: That is correct. • • Meridian City Council April 5, 1994 Page 42 Morrow: So how are you doing that? If I understand that correctly that means that how you get to Ustick how do you service this piece of property? Merkle: When the final plat is submitted (inaudible) this road will be changed to lop up here and the lots will be off that road interior, not on Ustick. Morrow: Okay, so when the final plat is submitted what happens is that these lots will come through here and access the road there. Merkle: Exactly, we will comply with that because there won't be a road there. Corrie: Will you be changing your plat because of that? Merkle: Not the final plat? The preliminary plat will be modified in that area. We have not submitted a final plat yet. It has been submitted, it hasn't been approved or heard yet. Tolsma: (Inaudible} Merkle: Right, I apologize I probably should have shown that. (Inaudible) so we won't, we couldn't extend this out because it would be in violation of the ordinance. so, it makes it a better deal to (inaudible). Corrie: One question now, so I get this correctly. This .74 acre that is in No. 2? Merkle: No, it is a future phase of Summerfield. Kingsford: It is a different owner, Mr. Voight is the owner of the rest of Summerfield, this particular parcel was purchased from the owner of that house. There was an effort to option that legally by Mr. Voight, but the motion ended up with, so it is a separate, but it will be called Summerfield 3 or 4. Any other questions for Mr. Merkle. Anyone else from the public that would like to offer testimony. Tom Davis, 2740 East Ustick, was sworn by the Attorney. Davis: When Mr. Voight had this little property here, we had a verbal agreement that he would construct a fence between my properly and that property to kind of contain some of the construction refuse that blows to keep off of my agricultural fields and I just would like to make sure that will be complied with by the new owner. Kingsford: Will you carry that forward to Mr. Boesiger? A fence to be constructed Meridian City Council April 5, 1994 Page 43 • to keep construction refuge from blowing across onto his agricultural property. That might very well be a requirement of the final plat. Davis: I had just a verbal agreement with Mr. Voight for that 1 /4 of a mile stretch between my property and his property. He is the one that annexed it in and zone changed it. Merkle: (Inaudible) Davis: Well, just something that there is a pretty good west wind and I am already pricking up a lot of card board boxes from Summerfield on the corner and it just keeps coming this way. Something that would retain that refuge that blows because when they build these houses we get a lot of refuge. Kingsford: A lot of those areas the Council has already required that a permanent fence be set up to separate agricultural land from subdivisions. So, I would assume that it would Council's intent that not be temporary but permanent. Morrow: If I might expand on Mr. Davis's comments Jim the issue here that he is really dealing with it is my understanding that according to he and his wife's letter that they run a dairy operation and quite frankly they are raising their food in house. Us in the construction industry are not the best citizens in terms of next door neighbors. Quite frankly in his case it means the very life of a S 1500 cow. If there id debris in the food than of course it kills them. So, I would think from perspective having been thought hat personally that it would be continent upon us as the construction industry to make sure that it doesn't happen. And I think speaking for myself also that probably the fencing requirement from my position would be mandatory and permanent and protect his rights as well as Mr. Boesiger. Merkle: (Inaudible) Craig Groves, 7633 Emerald, Boise was sworn by the Attorney. Groves: In regards to the fencing there between the Davis property and the Summerfietd property. Mr. Voight does have a written agreement with Mr. Boesiger to provide that fencing. I would be happy to provide a copy of that to the engineer and to Mr. Davis. Kingsford: And to the City please. Anyone else from the public that would like the opportunity on this issue? Seeing none I will close the public hearing. Council members? The appropriate motion is to direct the City Attorney to prepare an • Meridian City Council April 5, 1994 Page 44 ordinance for annexation and zoning is that is your desire. Morrow: Is tonights testimony substantially change or alter the findings of fact and conclusions. Crookston: No Cowie: We can straighten up the bad part there. Crookston: Certainly there appears to be a part. Kingsford: Unless you took your shovel and re-routed Nine Mile Creek. Crookston: Well, I use to dig around ditches when I was a kid. Kingsford: Entertain a motion to approve the findings prepared by P & Z. Cowie: Mr. Mayor, on the ordinance will we have that in there about the fence, will that be a part of the ordinance? Crookston: Normally it wouldn't Morrow: Could it be part of the preliminary plat. Kingsford: Preliminary plat or development agreement, we are going to want to see that before we move forward beyond this point. Morrow: So, at what point do we now put in the ordinance as part of Mr. Cowie' motion or do we see that before it moves. Crookston: You can put it in the ordinance if that is where you want it. What is your advice, certainly at annexation you have more power to do it an place else. Maybe that ordinance is an appropriate place. Morrow: I would move that instruct the City Attorney to prepare an ordinance annexing (End of Tape) Kingsford: Findings of Fact and conclusions of law on the annexation request for Summerfield by Max Boesiger, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea Meridian City Council April 5, 1994 Page 45 MOTION CARRIED: All Yea • Kingsford: The next thing would be to direct the City Attorney to prepare an ordinance and your desire to add to that the fencing requirement. Yerrington: So moved Morrow: Second Kingsford: Moved by Max, second by Walt to have the City Attorney prepare an ordinance annexing and zoning of the Max Boesiger into Summerfield subdivision and including a provision for requirement of fencing between the Davis property and Summerfield, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Merkle Merkle: You approved the findings but you are going to exclude the part that doesn't apply? Kingsford: He is going to research that and strike the appropriate. Merkle: The other thing was the ordinance (inaudible) fencing that is only to do with this annexation, because we are talking about (inaudible) it is only a requirement for that portion. Kingsford: I am not sure I understand what you are talking about, we are talking about fencing all the property that borders the Davis's. Merkle: It is the particular annexation that we are talking about. Kingsford: I don't think we can force you to fence somebody elses, but certainly that will comply with the rest of the Voight. Merkle: (Inaudible) you are going back (inaudible). Kingsford: Well, it is my understanding that from Mr. Groves that relates to that. So that whole property would be fenced, am I right Craig? Crookston: But what is in the ordinance is only going to apply (inaudible). • Meridian City Council April 5, 1994 Page 46 ~~ Kingsford: (Inaudible) to enforce that whole thing as we get that letter: ITEM #15: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELIMINARY PLAT FOR FAWCETT'S MEADOWS BY RONALD HENRY: Kingsford: At this time I will open the public hearing and invite the applicant or his designee to speak first. Ron Henry, 6301 Charleston Place, Boise, was sworn by the Attorney. Henry: This is a proposal a request of annexation and zoning of some property 15 acres approximately south of East Calderwood and East of Meridian road. The proposal is for a subdivision of 39 lots. I guess to cut it real short so we can all go home, the only thing that I am questioning is a comment by Wayne Forrey in his letter about constructing a pedestrian bridge to access Lot 8 -Block 1 which is a triangle parcel. It is on the east side of Ten Mile Creek, that parcel is pretty much landlocked and very difficult to get to. I submitted a letter to the city which is included in the second to the last page of the packet. In the letter it really, my initial statement was to offer the parcel to the City as a mini park, but it appeared that since it is so landlocked, the next page is kind of an excerpt of 3 subdivision and where the parcel sits. It is really landlocked and it really can't be used or have good access for a City park so what I have done is contacted Steve Anderson who is a developer of Running Brook and had some discussions with him to see if we could integrate that parcel in with his subdivision. Kingsford: Mr. Smith, Terry, before you get out of here the name of that subdivision that you wanted to know is Running Brook, now you can go home. Sorry to interrupt. Henry: We have had some discussions on how we are going to integrate it and I think the main point of this is the fact that in the condition of approval it states that we have to put a pedestrian bridge, a 20 foot right of way or access between parcels 2 and 3. And I really don't think that is really a feasible approach or solution to the problem. Other than what is stated in there that is my only concern. I have had some discussions with Mr. Forrey about, I know he is here. He might give a word or 2 about our discussions. Kingsford: Any questions for Mr. Henry? Yerrington: What size is this parcel of land Mr. Henry? • • MERIDIAN CITY COUNCIL MEETING: April 5, 1994 ,,11 APPLICANT: Max Boesiger and AGENDA ITEM NUMBER: 13- ~~t' Hubble Engineering REQUEST: Annexation and zoning for Summerfield Subdivision A N Y COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ J CITY POLICE DEPT: "REVIEWED" a" I CITY FIRE DEPT: "OK" CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: Y~J~ ~ ~ I ' ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~,~. ~V c.~~~,," ~~ • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICEL.GASS,CityTreasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 W.L. BILL GORDON, Police Chief r WAYNE G. GROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM TO: Planning & Zoning Commission, Mayor, and City Council \ 4, FROM: Wayne S. Forrey, Planning Directo~t RE: Max A. Boesiger Annexation Request of 0.74 acre adjacent to Summerfield Subdivision DATE: February 2, 1994 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW WAYNE S. FORREY, AICP Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning C~~'Y ~F A~~:R~~I~!?'~ This 0.74 acre annexation request is before the Public Commission and City Council at my request. This annexation "cleans-up" and accurately describes the total Summerfield project. During the hearings on the Summerfield project, the owner of the property wavered on including the old farmhouse site (0.74 acre) in the annexation description. The land was included in the Preliminary plat but the legal description did not include it. By including the small parcel in the Summerfield project, it clears up confusion and allows the development agreement and all conditions pertaining to the Summerfield approval to also apply to this small parcel. I recommend that the development agreement that is being prepared for Summerfield, included this parcel at this time. • n U BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION USTICR ROAD ANNEXATION AND ZONING .74 ACRES OF A PORTION OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 1 EAST B.M., ADA COUNTY, IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on February 8, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through Jim Merkle, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. ,That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 8, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 8, 1994, hearing; that the public was gi"ven full opportunity to express comments and submit evidence; and that copies of all notices were availably to newspaper, radio and television stations. 2. That the property included. in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 1 annexation and zoning is described in the application, and by this reference is incorporated herein;. that the property is .74 acres in size; it is located at the Northeast corner of the Ustick Road and Locust Grove Road intersection. 3. That the property is presently zoned by Ada County RT (Rural Transition) and the proposed use would be for R-4 Residential type development. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not, as of the date of application, the owner of record of the property. The owner of record is the Vienna F. Vaughn Trust; there is no consent of the owner of record in the files of the City of Meridian. Prior to annexation, proof of consent to annexation of the owner of record must be filed with the City. 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 Application requests that the parcel be annexed and zoned R-4 Residential; that the present use of the property is for a house and for agriculture use; .that the applicant indicated that the intended development of the property is for an R-4 type FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 2 • • subdivision use and would be included in the. platting with a future phase of the approved Summerfield Subdivision. 10. There were no property owners in the immediate area that testified objecting to the application. 11. That the property is in an area marked on the Generalized Land Use Map of the Meridian Comprehensive Plan as a single family residential area; that in the Comprehensive Plan property inside the Urban Service Planning Area may be' developed at greater densities than one dwelling unit per acre. 12. 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. 13. 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. 14. That the property can.be physically serviced with City water and sewer. ~5. Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian School District, Ada County Highway District, Ada Street Name Committee, the Central District Health Department, and Nampa Meridian Irrigation District may submit comments and such will be incorporated herein as if set forth in full. That the Meridian Planning Director did submit comments which state that this annexation was submitted at his FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 3 • requests to "clean up" and accurately describe. the Summerfield project; that this land was included in the preliminary plat of Summerfield subdivision but the legal description did not include the land. 16. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICTz The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or .the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows .for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone; that the developer, or his predecessor in interest agreed that the minimum house size in the Summerfield Subdivision would be 1,500 square feet. 17. That the Meridian Comprehensive Plan, under Land Use, Residential. Policies, 2.1U states as follows: "Support a variety of residential categories (urban, rural, single-family,, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 18. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 4 19. That the Meridian Comprehensive .Plan, under Land Use, Rural Areas, 6.4, it states as follows.: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 20. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as'follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 21. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the ..area. 22. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 23 . That. the Planning Director, Wayne Forrey, in his comments in the Summerfield Subdivision property annexation, commented that the R-4 request complied with the. Comprehensive Plan with the FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 5 ' ~ . • exception of adequate fire protection to serve this development area; that a pathway concept design plan must be submitted to the Bureau of Reclamation for their approval and compliance with the Ada County Pathway Plan. The Planning Director further stated that the Meridian comprehensive Plan indicates a need for afire station in this area. A condition of approval of -the preliminary plat should be a redesign to include an 'access street and bridge to the east over 9 Mile Drain to link various existing subdivisions together and meet the School District's need for pedestrian access between subdivisions. He further commented that sewer lot number 18 should allow pedestrian access. The Director further commented that a development agreement must be entered into addressing subdivision access linkage and fire services and that such agreement must be entered into prior to final plat approval. That in prior requests for annexation and zoning in this area the Director 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 approved development agreement. 24. The Meridian School District. in prior comments to annexation in this area, commented that there is no excess capacity in the schools of the District and that residents of new subdivisions could not be assured of attending the neighborhood schools; the School District asked for support for a development FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 6 fee or a transfer fee to help offset the costs of building additional schools. 25. 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. 26. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 7 in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 27. 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." 28. 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." 29. 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;" 30. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation nights 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 8 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." 31. 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 Council shall consider the Bicycle-Pedestrian Desiqn Manual for Ada County (as prepared. by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 32. That since this property was initially included in the preliminary plat of Summerfield Subdivision, but not in the legal description, the findings of fact that were adopted as part of the annexation procedure for the Summerfield Subdivision property are incorporated herein by this reference as if set forth in full. 33. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 9 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 i.s 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. 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, Max A. Boesiger, and the annexation is not upon the initiation of the City of Meridian, but is at the request of the City Planning Director. 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. 9. ~ That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 10 • Section 11-9-616 which pertains to development time schedules and requirements and 11-9-605 M, Piping of .Ditches; that the Applicant will 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, K, L and the comments- of the Planning Director, Wayne Forrey, for the Summerfield Subdivision application, relating to the lack of adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved and the subdivision; 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 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 are not met. The development agreement for this application, shall be done in conjunction with the development agreement. for the Summerfield Subdivision property annexation. 10. That proper and adequate access to the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 11 ' ~ ~ ~ • available and will have to be maintained. 11. That since the Applicant's property is in an area marked as a single family residential area, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 12. It is concluded that the development is an R-4 type development and the property should be zoned in that fashion, upon meeting the requirements of these Findings bf Fact and Conclusions of Law. 13. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian it is ultimately concluded that Applicant's property should be annexed and zoned R-4; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level;. that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject.to de-annexation if the ,requirements of these Findings of Fact and Conclusions of Law are not met. ].3. That all ditches, canals, and waterways required to be tiled by City Ordinance shall be tiled as a condition of annexation and if not so tiled the property shall. be subject to de-annexation. 14. With compliance of the conditions contained herein, .the annexation and zoning or R-4, Residential would be in the best interest of the City of Meridian. 15. That since this property was initially included in the FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 12 • • preliminary plat of Summerfield Subdivision, but not in the legal description, the conclusions of .law that were adopted as part of the annexation procedure for the Summerfield Subdivision property are incorporated herein by this reference as if set forth in full. 15. That if the conditions of approval are not met the property shall be subject to de-annexation. 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 COMMISSIONER ROUNTREE COMMISSIONER SHEARER. COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTE D_ ~~~ VOTED_ !/ VOTED__t VOTED--~~ VOTED DECISION AND RECOI~II~IENDATION 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 in the Conclusions of Law for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions. of Law and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW -- PAGE 13 • ~'`~'~~ ~= ~~ ~~ - ~ ~~~F~ GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary February 2, 1994 T0: MAX A. BOESIGER INC 6479 GLENWOOD STREET BOISE ID 83703 FROM: Larry Sale upe~ ' Developm Se i SUBJECT: MERIDIAN ANNEXATION - USTICK E/O LOCUST GROVE R-4 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on February 2, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron RUBBLE-ENGINEERING MERIDIAN CITY HALL ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 . _--~-~ ' ~''~0~ '~ -°~~0~0 '~ _ _ _ _ PROPOSED 0.74 Ac. -- - - - - iawr- g ® ~ ANNEXATION PARCEL. ~k ~ ~~ ~ ® ,'~ ,,~~ ~iypt aoo7e~4~ ~ ad 144.Oa' ~~ ~,~ ®~ $ ` ~ ~ soo7e•4s~ ®~ ,.~~ ~ x ~ raao~ O ® ~o ~ ® ~ k ~~ ~ ~ ~ ~ ~~~ ~ ~ ~® ~~ ~F ~ ~ d~~ a ® ,~ ~ ~ ~ -- ~'~ M~~ k I ~~ NO6~~ 10 '~ 105.E ® b ~ ~ ! ~ e ~ ~~ ao~'~ ~ _ 1m.1r ® ~ k $ ® ~ N 06'31~1~ r/ ~ ~ ~'ypf'E IC7.3~ n ~ ,oast ® ~ ~ ,~ ~ M tt'73~a w ~ tia~ ~~ '~ .~ >~~~ ,~.~ ~.-=~` ~-.~ ~,~~ ® ~ aoo~r4ra ' ' ® L $ 74.OOr _ 146.00 00.00 _ _ t w ~~ w O06'~'1Z"E ~ 4 O ~ ~ W aa41 _ ~ ~l~~ 60' ~ 7 31.1 y ~ }a '~ • d ~ ie F N O Y . ~ , z .. ® ~~ O ~ s a6~'~ E v ,~.~ ® ~ ~ ,oo>cu rN .LY,OL00 N 0 06'St20' E ~ ~ ® ~ 9 1Z1.o1' o ~ ~ ~ M S'-.l1.00 N ~: S O6~~ E ~ ® ~ 3 ~ t1SN ~ 0 ~,a ~i~~ $ ' 0 • G JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary TO: ACRD Commission ,.,,...~ ,r~~, sue.::'. ~`~~• ~~+=~i x:'~'` ~ ~+ ` DATE: FROM: SUBJECT: Development Services INTER-DEPARTMENT ~:~?i2RESPONDENCE Jarnaary 27, 1994 PdERANXUT/DSTECH 2-2-•94 Meridian Annexation Ustick e/o Locust Grove R-4 (Applicant - Max A, Boesiger, Inc., 6479 Glenwood St., Boise, ID 83703) (Representative - Hubble Engineering, Inc., 9550 Bethel. Ct., Boise, ID 83709) FACTS & FINDINGS: 1. Max A. Boesiger, Inc. is requesting annexation into the. City of Meridian for 0.7 acres of property located. on the north side of Ustick Road approximately 1,800-feet east. of Locust Grove Road. This parcel will be used as an extension of Summerf field Subdi- vision. The. District reviewed and approved the preliminary plat on June 23, 1993. This area of the project has not been developed yet. With the addition of this subject parcel to the project, a cul-de-sac street (Summerereek Court) will become a continuous street that extends thru this parcel and. rejoins the street system to the north. 2. GENERAL INFORMATION: ACRES - 0.7 ZONING - Residential R-4 VEHICLE TRIPS PER DAY - Dependent on a specific site plan. TRAFFIC ANALYSLS ZONE - 254 L.F. OF FRONTAGE ON Ustick Road - 110-feet MOST RECENT TRAFFIC COUNTS - Date 1993 Volume 3,500 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor Arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 90-feet (45-feet from centerline) Ustick Road is improved with 24-feet. of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Near Rural ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 r~leridian Annexation .Ustick e/o Locust Grove ~ 4 January 27, 1994 Page 2 3. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission an February 8, 1994. If the annexation is approved and development proceeds, the Dis- trict will provide the following recommendations to Meridian Plan- ning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 45-feet of right-of-way from the centerline of Ustick. Road 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. Direct lot or parcel access to Ustick Road is prohibited, in compliance with. District policy. Lot access restrictions shall be stated on the final plat. 3. Construct 5-foot wide concrete sidewalk along Ustick abutting parcel. STANDARD REQUIREMENTS•_ 1. Submit site drainage plans and calculations far review and appropriate. action. by ACRD. The- proposed drainage system shall conform to the requirements of the City of Meridian and. shall retain all storm water on-site. 2. Aright-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services. at 345-7667 (with zoning file number) for details. fi~teridian Annexati~ Ustick e/o Locust Grove• R-4 January 2?, 1994 Page 3 :y. A request for modification, variance or waiver of any require- ment ar 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 ar inequity. Should you have any questions or comments, please contact the Development Services Divisi.an at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale FEB ~ 2 1994 ~~ ~ ~' ~ ~_ ED SUm-rl F.(t.F c E.l.~ su8~ ~~ S1 O ~ ~~ - 6 I' i~ ~~ -~; ~_ ~f I, b l' M! ~r~G~At 1 ~ h 1 ~~1h ~Oh ~ ~. -l -- -- - ----. -- _ ~ •• 1 ADwM r ~1 ~. I~ .• I> I- ,; Su9~ ~ rlpA~ • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH $, 1994 APPLICANT: MAX BOESIGER AND AGENDA ITEM NUMBER: `~ 2 RUBBLE ENGINEERING REQUEST: ANNEXATION AND ZONING FOR SUMMERFIELD SUBDIVISON A EN Y CITY CLERK: CITY EINGINEER: CITY PLANNING DIRECTOR: OOMMENTS CITY ATTORNEY: FINDINGS OF FACTS AND CONCLUSIONS OF LAW 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: OTHER: ~~~ ~l~ CIU ~~ ~ ~ c~"~ °~P~ ra ~ MERIDIAN PLANNING & ZONING MEETING: FEBRUARY $, 1994 APPLICANT: MAX BOESIGER AND AGENDA ITEM NUMBER: 12 RUBBLE EINGINEERING REQUEST: ANNEXATION AND ZONING FOR SUNIIrIERFIELD SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: SEE ATTACHED COI~IIKENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED° CITY FIRE DEPT: "OK° CITX BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P a'Z~~° °`~P~ ~~w~lcl~ ADA COUNTY HIGHWAY DISTRICT : GLdaC Z-B - ~j¢- ADA STREET NAME COMMITTE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: NO COI~IIKEN'TS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • DECLARATION OF COVENA_N'1'S CONDITIONS AND RESTRTr~mrnNa FOR SUMMERF F•T.D SUBDIVTSTAN THIS DECLARATION is made effective on the day of November, 1993, by Gary L. Voiqt, hereinafter referred to as "Declarant" or "Grantorp. WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "Property," more particularly described as follows: Summerfield Subdivision No. 1, a portion of Section 32, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, according to the official plat thereof recorded as Instrument No. , in Book , pp. records of Ada County. NOW, THEREFORE, Declarant/Grantor hereby declares that the Property and each Lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor and by any Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantors right to carry out and complete the development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing., ARTICLE I DEFINITIONS 1.1 "Articles" shall mean the Articles of Incorporation of the Association. 1 1.2 "Assessments" shall mean those payments required of Owners and Association Members including regular, special, limited and irrigation Assessments of the Association as further defined in this declaration. 1.3 "Association" shall mean and refer to Summerfield Homeowners Association, Inc., a non-profit Idaho corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon and use of the Property under the jurisdiction or control of the Association, the imposition of fines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property. 1.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property. 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the Architectural Committee described in Article V hereof. 1.10 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereafter amended and supplemented from time to time. 1.11 "Declarant" shall mean and refer to Gary L. Voigt and his successors and assigns, if such successors and assigns should acquire more than one (1) undeveloped lot from the Declarant for the purpose of development and, as part of such conveyance, the Declarant assigns and transfers to such transferee the Declarants rights with respect to such Lots. 1.12 "Grantor" shall mean and refer to the Declarant. 1.13 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. - 2 - • i 1.14 "Lot" shall mean and refer to a Building Lot. 1.15 "Member" shall mean each person or entity holding a membership in the Association. 1.16 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.17 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property, including contract buyers, but excluding those having such interest merely as security for the performance of an obligation. 1.18 "Plat" shall mean the recorded Plat of Summerfield Subdivision No. 1 and the recorded Plat of any other Properties annexed hereto. 1.19 "Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this declaration as more particularly provided for herein. 1.20 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.21 "Unit" shall mean one residence which shall be situated upon a Lot. ARTICLE II GENERAL COVENANTS. CONDITIONS AND RESTRICTIONS 2.1 Land Use and Building Type. No Lot shall be used l_ except for residential purposes, and no Lot shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lot. No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling. - z . ~ 3~~.~ Split ~ level' ~; t ~ ~#? story Units shall have not less than`~~square felt of interior floor area, exclusive of "porches and garages . St~ir~j~:a~ieveY` Units shall have not less than 1500 square "feet of interior f loor area on the ground - 3 - C~ floor of the main structure, garages. No Unit higher tha story shall be permitted. • exclusive of porches and n split level or two (2j 2.1.2 Garages. Each Unit constructed on the Property shall include at least a two (2j car, enclosed garage as an integral part of the Unit structure. V - ~ bet ~constructe ~ ~~~~~" ~e roof of each Unit may t ,~~~ of asphalt shingles, or such other material as may be approved, in writing, by the ~ Architectural Committee. 2.2 Architectural Control. No improvements which will be _ ~ --..~ ~. ~ ~, ca .:~ ~` -' ~, visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered on the Property, including without limitation, change of exterior colors or materials, unless and until the building or other plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, value, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Architectural Committee, in its reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of buildings except to the extent incidentally necessitated by use and size requirements. 2.3 Exterior Maintenance• Owners Obliaations. No improve- ments, including mail boxes and landscaping, shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any improvement, including trees and landscaping, that is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or to cause damage to Property or facilities on or adjoining their Lot that is the Associations' responsibility to maintain, the Board, upon fifteen (15j days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such Owner's Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable, and his Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the - 4 - • ~ • amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owners as regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destruction. If, after ninety (90) days, the repair, restoration or reconstruction of such damaged or destroyed improvements has not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon said Owner's Lot for the purpose of doing so and such Owner shall bear all costs incurred by the Association and the Association shall have the lien rights set forth above to enforce payment of the same. 2.4 Improvements Location. No improvements shall be constructed in violation of setback requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. 2.5 Nuisances. No noxious or offensive activity, including without 1'mitation, those creating an offensive odor, shall be carried ~ upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 2.6 Temporary Structures. No improvements of a temporary character and no trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7. Signs. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property during the construction and sales period. 2.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property No derrick or other structure designed for use in boring for oil or natural gas or otherwise shall be erected, maintained or permitted upon the Property. 2.9 Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, - 5 - • • ,~/ ~ except that dogs, cats or other household pets may be kept /„~,~_6 provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets n_ r complies with all city and county laws, rules and regulations. ~ ~ No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a setback line where applicable. Doq runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structure be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules. 2.10 Garages and Refuse Disposal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Water Supply. The Property is located within Settlers Irrigation District and all Lots are subject to assessment by said District. No individual domestic or irrigation water supply system shall be permitted on any Lot, except an irrigation system that may be constructed and operated by said District with the approval of the Association. Otherwise, all water and irrigation shall be accomplished by use of metered municipal supply. The Association may provide for the combination of lots for assessment purposes as provided under Idaho Code § 43-701(2). 2.12 Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to the following sewer requirements of the City of Meridian: 2.12.1 A monthly sewer charge must be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of the City. 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within the Property. 2.12.3 The Declarant/Owner of this subdivision, or Lot or Lots therein, shall and hereby does vest in the City of Meridian 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 stated. 2.13.4 The recording of the plat by Declarant shall be deemed and construed as a request for the annexation of its property to the corporate limits of Meridian City. Such requests and consents shall be binding on all - 6 - • subsequent p2urchasers ~ ord owners of Declarant's props Y • J ~%l~ ~1 2.13 Si istance a Intersec ions. No fence, wall, hedge or ub lantinq whic obstructs sight lines at elevations between t ( ) and six feet above the roadway shall be placed o permitted to r main 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 limitation shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.14 Declarant's Riaht. Declarant reserves the right to construct residences and other improvements upon any Lot and to offer the same with completed structures thereon for sale to individual Owners. ~ 2.15 Boats. Campers and Other Vehicles. ~ ~: trailers, tractors, recreational vehicles (i.e., any tra`i`lers, campers, motorhomes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similar equipment, motorcycles, snowmobiles, trucks (working or non-working) greater than three-quarter (3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion of the Property (including streets and driveways) un30ea ~nclas®d . a "_ ~~ ~~'+saned ~rca approved, in,., t~itin~y : hitE~fr;~~'~ _,. ' ...~~,, Notwithstanding the foregoing, any boat, camper trailer or recreational vehicle which is in good repair and working order '' which does not exceed the following dimensions may be stored on the side yard of a Lot between front and rear yard setbacks if ~~` screened by a six foot (6') fence: eight (8) feet wide, twenty- seven (27) feet long and ten (~10) feet high. Provided, however, +~s~ such storage may not be loc~ted adjacent to the street on a corner Lot . ~~~ ; _,~b,.. ~~~~r x.16 Bathrooms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antennae. No television antennae, satellite receivers, or radio aerials shall be installed on the Property, other than within the interior of a Unit, unless prior written approval has been secured from the Architectural Committee. 2.18 Hazardous Activities. No activity shall be conducted on or in any Unit or Lot which is or might be unsafe or hazardous - 7 - • 9 ~~ a3 to any person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property and no open fires shall be lighted or permitted on any property except in a self-contained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed interior fireplace, except such controlled and attended fires required for clearing or maintenance of land. 2.19 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Committee. "Screened" is defined as being concealed or made non-visible from eye level, at grade, at all points within the Property. 2.20 Liaht. Sound - General. No light shall be emitted from any Lot which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to others. 2.21 Construction. During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.22 .~teconstruction. In any case where it is necessary to reconstruct a Unit, said reconstruction shall be prosecuted diligently, continuously and without delays from time of commencing thereof until such structure is fully completed and painted, unless prevented by causes beyond control and only for such time that any such cause continues. 2.23 Maintenance and Repair. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.24 ences. All fences shall be of vertical cedar design and construction. No chain-link fences, grape stake fences or - 8 - • • fences of basket-weave design shall be allowed. Side fences on corner lots may extend only from the rear Lot line to rear line of the residence. No fence shall exceed six (6) feet in height. 2.25 Plat Conditions. All covenants, conditions and restrictions and other matters set forth on all Plats are hereby incorporated by this reference and notice is hereby given as to the same. 2.26 F~'ont and Side Yards. The front yard of each Lot and the aide yard of any Lot which is adjacent to a street must be planted with sod within twenty-one (21) days of substantial completion, or occupancy, whichever shall first occur, or as soon thereafter as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded and/or landscaped, within six (6) months of occupancy of the Unit. The failure of the Owner to timely comply with this paragraph shall constitute a failure to perform exterior maintenance and the Association and/or the Grantor shall have all rights and remedies provided in Section 2.3, or any other provision of this Declaration. 2.27 No Dumping. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, without the prior written Approval of the Declarant or the Archite tural Committee. No discharge shall be made into Nine ile Drain The Owner of any Lot who dumps such material or makes a discharge into said Drain shall be liable for the cleanup and/or removal costs. ARTICLE III BUMMERFIELD HOMEOWNERS ASSOCIATION 3.1 Orcranization of Association. Summerfield Homeowners Association, Inc. ("Association") is an Idaho corporation formed under the provisions of the Idaho Nonprofit Corporation Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in its Articles and Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 3.2 Membership. Each Owner of a Lot subject to this Declaration (including the Declarant), by virtue of being such an owner and for so long as such ownership is maintained, shall be a Member of the Association, and no Owner shall have more than one (i) membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor-in-interest of the Owner, and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in - 9 - • any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 3.3 V t n The Association will have two (2) classes of voting memberships. 3.3.1. Class A. Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one (i) 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 (1) vote be cast with respect to any Lot. 3.3.2 Class B. The Class B member shall be the Declarant. Upon the recording hereof, Declarant shall be entitled to three (3) votes for each Lot of which Declarant is the Owner. The Class B membership shall cease and be converted to Class A membership on January 1, 2003, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 3.4. Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. 3.5 Powers and Duties of the Association. 3.5.1 Powers. The Association shall have all the powers of a non-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, including the following: 3.5.1.1 Assessments. The power to levy assessments (annual, special, limited and irrigation) on the Owners of Lots and to enforce payment of such assessments, all in accordance with the provisions of this Declaration. 3.5.1.2. Might of Enforcement. The power and authority from time to time in its own - 10 - • • name, on its own behalf or on behalf of any Owner or Owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions thereof. 3.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers and employees, or to appoint any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power to be delegated. 3.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules and regulations as the Association deems reasonable and which are consistent with this Declaration (the Association Rules). 3.5.1.5 Emergency Powers. The Association or any person authorized by the Association may enter upon any Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association. 3.5.2 Duties of the Association. In addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties: 3.5.2.5 Insurance. Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance: 3.5.2.5.2 Full coverage directors and officers liability insurance with a limit of Two Hundred Fifty Thousand Dollars ($250,000), if the Board so elects. - it - • 3.5.2.5.3 Such other insurance, including Workmen's Compensation insurance to the extent necessary to comply with all applicable laws, and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. 3.5.2.5.4 The Association shall be deemed trustee of the interests of all Members of the Association for any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith. 3.5.2.5.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 3.5.2.6 Rule Makina. Make, establish, promulgate, amend and repeal the Association Rules. 3.5.2.7 Architectural Committee. Appoint and remove members of the Committee, all subject to the provisions of this Declaration. 3.5.2.8 Drainage Systems. operate, maintain, repair and replace, all drainage systems located within the Property and shown on the Plat which are not maintained by public authorities. 3.5.2.9 Riaht of Way Maintenance. Maintain, repair and replace any landscaping, fencing, or other improvements located on or within the Properties as the Board deems necessary or appropriate. 3.5.2.10 Street Lights. Maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the Highway District or other governmental entity, which has jurisdiction of such matters. 3.5.2.11 Subdivision Approval Responsibilities. Per- form all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property, including without limitation, - 12 - • those set forth in the preliminary plat approval for the Subdivision. 3.6 Personal Liability. No member of the Board or any committee of the Association or the Architectural Committee or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice .suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other representative or employee of the Association, the Declarant or the Architectural Committee, any other committee or any officer of the Association, or the Declarant, provided that such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. ARTICLE IV COVENANT FOR MAINTENANCE AND ASSESSMENTS 4.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay the Association; 4.1.1 Annual regular Assessments or charges. 4.1.2 Special Assessments for capital improvements, such Assessments to be established and collected as hereinafter provided; and 4.1.3 Limited Assessments as hereinafter provided. 4.1.4 Irrigation Assessments, if the Association utilizes the authority provided in Section 4.2.4. The regular, special, limited and irrigation Assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment is made. Each such Assessment, together with interest, costs and reasonable attorney's fees shall also be the personal obligation of the person who was the Owner of such property at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his successor in title unless expressly assumed by them. 4.2 Purpose of Assessments. 4.2.1 Rectular Assessments. The regular Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the - 13 - • • residents in the Properties and for the improvement and maintenance of any landscaped areas maintained by the Association, to pay property taxes and other assessments, and to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties and business of the Association. 4.2.2 St~ecial Assessments for Capital Improvements. In addition to the annual 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, costs and expenses of the Association which exceed the regular Assessments, provided that any such Assess- ment shall be approved by a two-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay a ~~'~,~~ special Assessment of One Hundred `Fifty' d no/100 Dollars ('$Y~d.~b0) ~ per Lot. Such special Assessment shall ~e paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor, as agent for the Association, shall be entitled to collect this one-time special Assessment at the closing of the Lot sale. This one-time special Assessment shall be used to defray organizational cost for the Association and general costs of operation. 4.2.3 Limited Assessments. Limited Assess- ments may be levied against any Owner in an amount equal to the costs and expenses incurred by the Association, including legal fees, for corrective action necessitated by such Owner, and, further including without limitation, costs and expenses incurred for the repair and replacement of any property maintained by the Association damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for maintenance of landscaping performed by the Association which has not been performed by Owner as provided herein. 4.2.4 Irrigation Assessments. The Association shall have the authority to provide for the - 14 - • • combination of lots under a single assessment number for purposes of irrigation assessments made against the lots by Settlers Irrigation District, as well as for the collection of said assessments from individual lot owners and remittance of the combined total to Settlers Irrigation District. 4.3 Maximum Annual ;~b~ ~-s~l~. The initial maximum amount of the regular Assessment to be assessed by the Association, shall be One Hundred Eighty and no/100 Dollars a per Lot per year. 4.3.1 The maximum annual Assessment may be increased by the Board each year by not more than ten percent (10$) above the maximum Assessment for the previous year without a vote of the membership of the Association as provided below. 4.3.2 The maximum annual Assessment may be increased above ten percent (10$) by a two-thirds (2/3) vote of each class of the members who are voting in person or by proxy, at a meeting duly called for this purpose. 4.3.3 The Board of Directors of the Association may fix the amount of the annual Assessment at an amount not in excess of the maximum as established from time to time. 4.3.4 The total annual regular Assessment levied against the Lots owned by the Declarant, shall be the lesser of (a) the amount of the regular assessment per Lot multiplied by the number of lots owned by the Declarant or (b) the difference between the total annual Assessment levied against lots owned by parties other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 4.2.1 for the fiscal year. 4.4 Notice and Ouorum for any Action Authorized Under Section 4.2.2 and 4.3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 4.2.2 and 4.3 shall be sent to all members not less than ten (10) days nor more than fifty (50) 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$) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. - 15 - • • 4.5 iTniform Rate of Assessment. Except as otherwise specifically provided herein, both annual and special Assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time. 4.6 Date of Commencement of Annual Assessments - Due Dates. The annual regular Assessments or any special Assessments then in effect, as provided for herein, shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board of Directors shall fix the amount of the annual Assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the. Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of Assessments on a Lot is binding upon the Association as of the date of its issuance. 4.7 Effect of Non-payment of Assessments - Remedies of the Association. Any Assessment not paid within thirty (30) days after the due date shall bear interest from the due date at a rate of twenty-one percent (21$) per annum or at the highest rate allowed by law if such rate is less than 21$. 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. 4.8 Subordination of the Lien to Mortgages. The lien of the Assessments provided for herein shall be subordinate to the lien of 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 payment which became due prior to such sale or transfer but shall not extinguish personal liability. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE V ARCHITECTURAL COMMITTEE 5.1 Members of the Committee. The Architectural Committee for the Property, sometimes referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designed by Declarant as the initial members of the Committee for the Property: - 16 - • ame Address Gary L. Voiqt 1277 East 17th Idaho Falls, ID 83404 R. Craig Groves 7733 Emerald Street Boise, ID 83707 Lorann Willcox 7733 Emerald Street Boise.,, ID 83:70.? __, , 9 a Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. 5.2 Right of Appointment and Removal. At any time Grantor is the Owner of at least one (1) of the Lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. 5.3 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties as from time to time shall be assigned to it by the Board of the Association, including the inspection -of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee for review and approval. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of any structure affected thereby and will be in harmony with the surrounding structures, and that the upkeep and maintenance thereof will not become a burden on the Association. The maintain of property values is a primary objective hereof and it is intended that all Units be of a minimum market value of $130,000, based upon current market conditions in the area. The Committee shall make provision in its rules and guidelines for implementation and maintenance of value standards that will carry out such intent. 5.3.1 Conditions on Approval. The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, or upon the agreement of the Owner submitting the same (~~Applicant°) to grant appropriate - 17 - • easements to the Association for the maintenance thereof, or upon the agreement of the Applicant to reimburse the Association for the cost of maintenance, or upon all three, and may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 5.3.2 Committee Rules and Fees. The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed One Hundred Dollars ($100.00). Such fees shall be used to defray the costs and expenses of the Committee or for such other purposes as established by the Board. Such rules and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures, as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 5.3.3 Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. 5.3.4 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within seven (7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The said seven (7) day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such 18 • • application and acknowledging that such application is complete. 5.4 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who may, but not need be, one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to Section 5.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any .two (2) members of the Committee taken without a meeting, shall constitute an act of the Committee. 5.5 No Waiver of Future Approvals. The approval by the Committee of any proposals or plans, specifications or drawings for any work done or proposed, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever, subsequently or additionally submitted for approval or consent. 5.6 Compensation of Members. The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder, except as otherwise agreed by the Board. 5.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 5.7.1 -Upon the completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Committee. 5.7.2 Within sixty (60) days thereafter, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 5.7.3 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days after receipt of the written notice of compliance from the Owner, the improvement shall be deemed to be in accordance with the approved plans. 5.8 Nonliability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, or - 19 - • to any Owner or Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and to the Property generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be construed in any way to relate to, structural safety of buildings and improvements or their conformance with building or other codes. 5.9 Variances. The Committee may authorized variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when it deem such action appropriate because of the existence of circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Committee, and shall become effective upon recordation in the Office of the County Recorder of Ada County. If such a variance is granted, no violation of the Restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration, for any purpose, except as to the particular property and particular provision covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to, zoning ordinances and Lot setbacks lines or requirements imposed by any governmental or municipal authority. ARTICLE VI ANNEXATION OF ADDITIONAL PROPERTIES 6.1 Annexation. Declarant presently intends to develop other neighboring properties and may, in Declarant's discretion, deem it desirable to annex some or all of such other properties to the property covered by this Declaration. The annexed properties may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may be annexed to the Property and brought within the provisions of this Declaration by - 20 - • • Declarant, its successors or assign, at any time, and from time to time, without the approval of any Owner, the Association or its Board of Directors. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration, which shall annex such properties to the Property and which may supplement this Declaration with such additional or different covenants, conditions, restrictions, reservations and easements as Declarant may deem appropriate for the other properties or portions thereof and may delete or eliminate as to such other properties such covenants, conditions, restrictions, reservations and easements as Declarant deems not appropriate for the other properties. 6.2 Additional Properties. Subject to the provisions of Section 6.1 above, upon the recording of a Supplemental Declaration as to other properties containing the provisions as set forth in this Section, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other properties shall share in the payment of assessments to the Association as provided herein from and after the recordation of the first deed of a Lot within the added properties from Declarant to an individual purchaser thereof . 6.3 Procedure for Annexation. The additions authorized under Section 6.1 above, shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereof, which shall be executed by Declarant or the Owner thereof and shall extend the general plan and scheme of this Declaration. The filing of record of said Supplemental Declaration shall constitute and effectuate the annexation of the other properties or portion thereof described therein, become and constitute a part of the Properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions, restrictions, reservations and easements and equitable servitudes contained herein, as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of the covenants, conditions, restrictions, reservations or easements and equitable servitudes contained in this Declaration as may be deemed by Declarant desirable to reflect the different character, if any, of the other properties or portions thereof or as Declarant may deem appropriate in the development of the other properties or portion thereof . - 21 - ~'~ ~ • ARTICLE VII EASEMENTS 7.1 Maintenance and Use Easement Between Walls and Property fines. The Association or Owner of any Lot shall hereby be granted an easement 5' in width on the adjoining properties for the purpose of maintenance of fencing and/or landscaping so long as such use does not cause damage to any structure or fence. 7.2 Other Maintenance Easements. Easements for installa- tions and maintenance of utilities and drainage facilities are reserved as shown on the record plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for these improvements for which a public authority or utility company is responsible. ARTICLE VIII GENERAL PROVISIONS 8.1 Enforcement. The Association or any Owner, shall have the right to enforce, by 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 an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 8.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 8.3 Interpretation. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 8.4 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years unless an instrument signed by seventy-five percent (75$) of the then Owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year period by an instrument signed by the President and Secretary of the - 22 - Association affirming that such amendment was approved by two- thirds (2/3) of the Owners of the Lots covered by this Declaration or by an instrument signed by two-thirds (2/3) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots the provisions of Article V may not be amended without the written consent and vote of the Grantor. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set his hand and seal this ~~ day of November, 1993. G V GT STATE OF IDAHO ) ss. County of Bonneville ) On the ~ day of November, in the year of 1993, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared GARY L. VOIGT, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year in this certificate first above written. i~~~~~ Notary Public for Idaho Residing at~~a ~c~e ~ uS' /~ My commission exp res:~1~rq~ (Seal) - 23 - CENTRAL •• DISTRICT HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division ~~~ FE ~ - 4 a99~ CITY OF A~ERII3IA~- Rezone # Conditional Use # Preliminary /Final /Short Plat Sv~~ ~~~-Z.D ~"u~~j~~~i;~~ Return to: ^ Boise ^ Garden city ~C] 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. ~~~,~ tti,~r-r_ fiis ~s ~~ ~ .sA?=mss s-1-~~1 ~~; ~ a 9 Date: / /~ ~~/"'-~~ Ar•'t9yN~ GtJ.~-~fZ . (i.1/~ 5~,~,Ij Reviewed By: ~ CDND 10/91 rcD, nv. I I/93 jll HUB OF TREASURE VALLEY ~ ~~f,~~~~~ OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. SOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. GROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor WAYNE S. FORREY, AICP Planner 6 Zoning Administrator ~~ JIM JOHNSON ~~On „~©irman -Planning & Zoning ~ ~ JA1~ 194 --~~NAMPq ~ MERIDIAN TRANSMITTAL TO AGENCIES FOR COPIIKENTS ON DEVEL~WISIECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by tY'.e Meridian Planning & Zoning Commi.ss~_on. may we have your answer by: )9~y 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 ~1T 71 i+T iivRlT"iL VY , (:/C MAX YERRINGTON,C/C WADER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER A Good Place to Live COUNCIL MEMBERS 3 ~ ~~~~ RONALD R. TOLSMA CITY OF MERIDI MAX YERRINGTON w ~ ~~~~~~~ ROBERT D. CORRIE U WALT W. MORROW MERIDDAN SCHOOL DISTRICT MERIDIAN POST OFF. (PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRACT --SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) u.S. wESI' (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER• YOUR CONCISE REMARKS: NamA~ & Meridian Irrigation IIiatrirt hac nn ~nmmPnta nn the annatiratinn~7nning fnr C++'+++*+~ o~~ ~.tl C++hri• i vi e i ran Bil/1 Henson, Foreman Nampa & Meridian Irrigation District TRANSMITTAL DATE : ~ " ~ ~ ' 9 `~ HEARING DATE : Z ' ~' 9 Y 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. GROOKSTON, JR., Attorney • HUB OF TR • EASURE VALLEY A Good Place to Live COUNCIL MEMBERS CITY OF M RONALD R. TOLSMA I ERIDIAN OBERTD. CORRE WALT W.MORROW 33 EAST IDAHO WAYNES. FORREY,AICP MERIDIAN, IDAHO 83642 Planner a Zoning Administrator Phone (208) 888433 • FAX (208) 887-4813 JIM JOHNSON Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by : 2 , ) 9 ~ ~ TRANSMITTAL DATE: ~"la' HEARING DATE • Z ' ~' 9 REQUEST : nn __ t',~ i ~ti ~ r ~+?~ ,,,,,~la„~l a1/ BY : ~Q/Y ~.P n i .an n Q~n „~ ~ . I_a_ 1 ., ~'..... _ nn . r LOCATION OF PROPERTY OR PROJECT : `~~Q'1~ ~ ~l D ~ ~n~: 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,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF. (PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION _~CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES /` ~~+ ~ , / OTHER: C~ YOUR CONCISE REMARKS: 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. GROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS CITY OF MER RONALD R. TOLSMA I IDIAN OBERTD. CORRIE WALT W. MORROW 33 EAST IDAHO WAYNE S. FORREY, AICP MERIDIAN, IDAH083642 ~~~! V L~ Planner32oningAdministrator Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 , A IV 1 9 1894 GRANT P. KINGSFORD Mayor C~ ®~ I~IERIDIAId TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by : 2 , ~ q 9 y 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,C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIIDAN SCHOOL DISTRICT MERIDIAN POST OFF.(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT _ SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST (PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUR OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: TRANSMITTAL DATE : ~ ' ~ ~ • 9 ! HEARING DATE : Z ' ~' 9 Y • ~ ~~~~~~r~~- JAN 3 1 1994 SUBDIVISION EVALUATION SHEET ~{ Proposed Development Name SUMMERFIELD SUB City MERIDIAN Date Reviewed O1/20f94 Preliminary Stage 7QC7CR Final Engineer/Developer _Hubble Engr. / G.L. Voigt Date Sent The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. SUMMERFIELD (phases must be recorded in order) R Date 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 Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as: "N. LOCUST GROVE ROAD" "E. USTICK ROAD" The followin¢ new street name is approved and shall appear on the plat as• "E. SUMMERCOVE COURT" "E. SUMMERCOVE DRIVE" The following ~rouosed new street name are over ten letters in length and cannot be avyroved unless Ada County Hi¢hway District will approve the length of the names in writin _ "E . SUMMERHEIGHTS DRIVE" "E SUMMERFALLS DRIVE" ~~ ~ SV(11YYtE~8~00K ~-1~E __ "E. SUMMERRIDGE DRIVE" "N SiJMZiERBREEZE PLACE" °l~J S~rnwtE72,8t~k AV~.° "N. SUMMERFIELD WAY" "E. SUI~IIlERCREEK COURT" "E . SUMMERPLACE COURT" "N . SUI~II~lERCItEST WAY" "SUMMERHILLS" sounds too much like "SUMMERHILL" and therefore cannot be used. Please choose a different name and have it 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 order for the street name;; to be officially avoroved. ADA COUNTY STREET NAME COMMITTEE Ada County Engineer John Prieste~ Ada Planning Assoc. Meridian Fire Dist. Terri Raynor t DESIGNEES Date ~ ZO Date ~ '~" I~' Representative Date DOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", other rise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ok .. .. . n U