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Dove Meadows Subdivision No. 2 PP~ WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~ COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN MORROW WALT W . 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public WorksBuilding Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2, 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/8/96 REQUEST: Preliminary Plat for Dove Meadows Subdivision No. 2 BY: Dave Leader LOCATION OF PROPERTY OR PROJECT: located next to the northern boundary of Dove Meadows Subdivision No 1 JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) ,CITY FILES OTHER: YOUR CONCISE REMARKS: TEAL 'S LAND SUR~EYING 109 South 4'" Street ~, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 Project No.: 1165-2 Date: December 14, 1995 DESCRIPTION OF PROPOSED DOVE MEADOWS S~IBDIVISION No. 2 A parcel of land being portions of the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 5, T.3N., R.lE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Southeast corner of the said Section 5; thence along the Southerly boundary of the said Section 5 North 89°48'53" West 2644.18 feet to a brass cap marking the South 1/4 corner of said Section 5; thence along the North-South center of section line of said Section 5 North 00°27'15" East 1312.52 feet to a brass cap marking the Northwest corner of the said SW 1/4 of the SE 1/4 of said Section 5, said point also being the INITIAL POINT; thence along the North boundary of the said SW 1/4 of the SE 1/4 South 89°44'36" East 550.14 feet to an iron pin; thence leaving the said North boundary South 00°27'36" West 219.97 feet to an iron pin; thence South 45°52'44" West 150.00 feet to an iron pin marking the Northeast corner of Dove Meadows Subdivision No. 1 as on file in Book 65 of Plats at Pages 6662 through 6664 in the Office of the Ada County Recorder, Boise, Idaho; thence along the Northerly boundary of said Dove Meadows Subdivision No. 1 North 83°57'58" West 334.91 feet to an iron pin; thence continuing North 80°00'49" West 144.04 feet to an iron pin; thence continuing South 83°10'57" West 65.99 feet to an iron pin; thence continuing North 82°25'13" West 71.00 feet to an iron pin; thence continuing South 80°41'46" West 115.62 feet to an iron pin; thence continuing South 85°46'35" West 229.84 feet to an iron pin; thence continuing North 81°05'39" West 198.80 feet to an iron pin; thence continuing South 31°53°42" West 109.75 feet to an iron pin marking a point of beginning of curve; thence continuing Northwesterly 105.34 feet along the arc of a curve to the right having a central angle of 12°42'23", a radius of 475.00 feet and a long chord bearing North 53°48'28" West 105.12 feet to an iron pin marking a point of ending of curve; thence continuing South 57°26'46" West 51.57 feet to an iron pin ; thence continuing South 34°24'09" West 100.55 feet to an iron pin; thence continuing South 30°11'35" West 104.03 feet to an iron pin; thence continuing South 03°34'04" East 60.14 feet to wn iron pin; thence continuing South 30°11'35" West 100.00 feet to an iron pin; thence leaving the • • TEALEY'S LAND SIIRVEYING 109 S. 4'" STREET, BOISE, IDAHO 83702 * (208) 385-0636 Project No.: 1165-2 Date: December 14, 1995 PROPOSED DOVE MEADOAS No. 2 PAGE 2 said Northerly boundary of Dove Meadows Subdivision No. 1 North 59°48'25" West 322.08 feet to an iron pin on the West boundary of the said SE 1/4 of the SW 1/4; thence along the said West boundary North 00°27'07" East 490.55 feet to an iron pin marking the Northwest corner of the said SE 1/4 of the SW 1/4; thence along the North boundary of the said SE 1/4 of the SW 1/4 South 89°48'45" East 1326.32 feet to the INITIAL POINT. Said parcel of land contains 17.55 acres, more or less. r .~ ~~ ~~~~~~ ~`i_~~ :~ 1 ~ ~ N 4 W ~.~+~ z -- , a.. e ~ 4.- ~~ _..__.__. _` .i. I-L ti ~~ ~..re. 7 :: ,~ ~-~ - ~ . L e iT~ t ~ -L. ` ~_L , `-, _< < . -l'1U f Lr-IVIVII`i~S~~F~: 'rF• ~ ---, _ .~:...` `~ - ~ --~~; --+r---~..~r~~---~`-,-..^~ ._ ~.~~,.~. - - - - - i '~_ ~ '-~ --- ~ T . __ ... -- - -- ---_ ____. _ - ' ~ i ~ ~ _._------ TEAL S LAND SUR~YING Shari Stiles Planning Administrator City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Dove Meadows Subdivision #2 Preliminary Plat Application Dear Ms. Stiles: 109 South 4'" Street B ,Idaho 83702 (208) 385-0 36 Fax (208) 385-0696 December 14, 1995 Attached is the preliminary plat application and supporting documents for Dove Meadows Subdivision #2. The site is located in the south half of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. It is located next to the northern boundary of Dove Meadows Subdivision # 1. The site is zone R-8, Residential. This proposal is for fifty-six (56) single-family dwelling lots and two (2) open space/drainage lots. A preliminary plat for this site was approved previously; however, that approval expired before the applicant could submit the appropriate application. Development in the area includes commercial uses at the northeast corner of Fairview Avenue and Locust Grove Road, residential uses north, south and west of the site, and a church east of the site. This area is designated by the Meridian Comprehensive Plan as a "Mixed Use" planning area. Streets, curb, gutters, and sidewalks will be constructed to the standards of the Ada County Highway District and Meridian Ordinance. Cross-sections for typical street construction with sidewalks five feet (5') in width are shown on the face of the preliminary plat. This development will be served by existing sewer and water services from the city of Meridian. Appropriate easements for sewer service and access are also shown on the preliminary plat. Street names were chosen for continuation of existing street alignments. As stated previously, the development consists of fifty-six residential lots. These are located on 14.84 acres. The minimum lot size for the development is 6,500 square feet with a minimum house size of 1,300 square feet. Primary access to this development is along Hickory Way from Fairview Avenue. Hickory Way is a collector street with capacity to accommodate the traffic in this Section. Development of this proposal will help in the continuation of the existing street pattern in the area. It will also provide Dove Meadows Subdivision #2 Project 1165-2 - 1 - connection to existing stub streets. Hickory Way will continue as a collector street to serve the Packard Subdivision development north of this site. Irrigation/drainage ditches crossing or bordering this site will be piped as required by City Ordinance. An eighteen inch (18") irrigation pipe will be installed between Dove Meadows #2 and Wingate Place Subdivisions to the north. This work is being coordinated between the developers of these subdivisions. Pressurized irrigation will be provided to each lot as required by City Ordinance. In summary, this proposal will complete the Dove Meadows development. It provides access to neighboring properties and a continuation of existing City services. The lots meet the design and dimensional standards in the City Ordinances and.the. overall proposal complies with the provisions of the Meridian Comprehensive Plan. Thank you for reviewing this application. If you have questions or need additional information, please call me. Respectfully, Patrick A. Tealey Tealey's Land Surveying /~es~ Ted Hutchinson Dove Meadows Subdivision #2 _ Project 1165-2 - 2 TIME TABLE FOR SUBMISSION: REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAN AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regulaz meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will heaz the request at the monthly meeting following the month the request was made. After a proposal enters the process, it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation aze received before 5:00 P. M. , 'T'hursday following the Planning and Zoning Commission action. 1. Name of Annexation ~i Subdivision: Dove Meadows Suhc~ivic;~n #2 2. General Location: Section 5., T 3N R lE 3. Owners of record: Dave Leader Address: 110 Pazkwav Drivg, Boise ,Zip 83706 Telephone 344-8200 4. Applicant: SAME Address: 5. Engineer: Firm: Tealey's Lam S~rveying__ Address: 109 S 4th St.. Boise ,Zip 83702 Telephone 3R5-0636 6. Name and address to receive City billings: Name: Dave Leader Address 110 Pazkw~,y Drive Boise Telephone 344-8200 PRELIMINARY PLAT CHECKLIST: 1. Acres 14 84 2. Number of lots _58 Subdivision Features 3. Lots per acre 3.9 ~~ 4. Density per acre 0.25 5. Zoning Classification(s) R_g 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? 7. Dces the plat border a potential green belt? No 8. Have recreational easements been provided for? No 9. Are there proposed recreational amenities to the City? No Explain 10. Are there proposed dedications of common areas? Y s Explain ~nen s~,-ace drainage lots 11. What school(s) service the area? Chief Josevh Do you propose any agreements for future school sites? No Explain 12. Other proposed amenities to the City Water Supply City Fire Department City Other Explain 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of dwelling(s) (Single Family, Duplexes, Multiplexes, other) Single-family 15. Proposed Development features: a. Minimum square footage of lot(s): 6 500 b. Minimum square footage of structure(s): x,300 c. Are garages provided for? Yes Square footage: d. Are other coverings provided for? e. Landscaping has been provided for? Yes Describe A landscape easement ~g~g Hicko , ay at t e nort eas en (2) • f. Trees will be provided for? Yes Trees will be maintained Homeowners Association g. Sprinkler systems are provided for Per Ci Ordinance h. Are there multiple units No Type remarks: i. Are there special set back requirements? No Explain j. Has off-street pazking been provided for? Explain k. 1. m. Value range of property Type of financing for development _ Protective covenants were submitted? Date: 16. Dces the proposal land-lock other property? No Dces it create enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks aze to be constructed to the standazds as required by the Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five feet (5') in width. 2. Proposed use is in conformance with the city of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City ordinances. 5. Preliminary plat will include all appropriate easements. 6. Street names must not conflict with City grid system. (3) ^ T 1~ a' 5~ =-~ ~ ~; w ~ ~ J N ~ ~ ~ d ~ ~ v' ~ -` 1 ~, n1 ~ , '\ cs ca >. ~, -~ c~ ? ; z z ..~ ti 01 N o ,( 4 ~ (/\ N m 10 o c~ m D _ m ~ a. ~ - ~ ~ O v A °i v ~ w U ~-. 1 !J ~ 1 V 1 A ., t,~ _ Jw \ ~ ~ -- _ ~ m ~ j ~/ ~~ . ~:~~ ~. ~ 4 ' '~ W _r ~ r.. ~i C'' ~ ~ f ,i~+-~`, '~ i ~ i~ / L1~ _ / ~ ' i rl `~~ ~ ~ . +.. c r . '~ ' t ~~" ~: ~ ~ I .:• . , '' N'' N L .:CIy~C'GE ~.'.~ .' I .. v ,.. - ~--r--' r ~ "~ ,v ~ „i s . -~~-:.~. -_~ _ w IS./ ~ ~ ! a Z ~"' r~W^~1 I ~ ~~~~~ \VN ~- I 1 w -~._~~ i ~ n _T__ p m ~ 'n D a O+ ~ m ~ ~ 1 ~ !° i ~ D D a I ~ ~, a ~ '. f ~~ ~' O ~'.. ~ ~. ~ ~ ~~ N ..IIN foy. C~ ~ m ~ O N DFVLIt ~ ~ ~~ _ m ` u' ~ - '" p pm ~:/ is ~`v m ~ O S _ _ NU I N MINGAT~E PL. p N. W_I'N~AYTE _n.~ y, v~IrJGATE O ~f •' Q s -'-~ ~ C nr' ~ v1 -rte';~;~' ~- ,'~-'v--t- r f-j --+-~-•~,•--~- - .- ~~ ',r I -1--~ .-~ u --- t ~ 1 c-G ~- ---- --- = -- --- ~ r -_-~ .-iii.-r-- ~ ' ._. _, .-'~K -G ~-G ~ ' i - { \ ~; _ ~ . j I ~ ~ l 1 1 • ~.~~; N .. _- - . --1 ~.-. .~. _-_.~..- _ ^. ~~ { t ---- - ~ ~ _ --- - -.... _ --- r --~- - t .~ I-. r_ L I I-L. I i , ~_ -~.~ . - -_-. _.-~~_ ----_sw.~w~~ia~vt_raml_ _ - _ ___~ ~. 7 ~--- t ~ I-L ~ -- -- _ - - - __ - - - . ~ t ~- I - L is _,,n - ,, ., _ --- - .. 1 _ --~ ~- - - - - _~_"~- ------- ._-- i .. -_ ~ . ,- ATE ~. PLKiVfVtNG~~pJ: - _ ----. - .. _ -. ~ - - - _'~- f jf ii 17~~.. r 5~~~ ,{ EC 1 4 f "^ ~~ ~ ~` . ~~ ~ I! ~ I .~ ', ; ,~ ,: T--- --- - -- - - , r- -- ~ _ _r . _ - - -~...-_._ _r._.._ _ r__ .~ _ _ .' --~ - -SITE ._._.. , ~ -~~~...': L-O T~1LEY'S LAND SURVEYING Shari Stiles Planning Administrator City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Dove Meadows Subdivision #2 Preliminary Plat Application Dear Ms. Stiles: 109 South 4"' Sts Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 December 14, 1995 Attached is the preliminary plat application and supporting documents for Dove Meadows Subdivision #2. The site is located in the south half of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. It is located next to the northern boundary of Dove Meadows Subdivision # 1. The site is zone R-8, Residential. This proposal is for fifty-six (56) single-family dwelling lots and two (2) open space/drainage lots. A preliminary plat for this site was approved previously; however, that approval expired before the applicant could submit the appropriate application. Development in the area includes commercial uses at the northeast corner of Fairview Avenue and Locust Grove Road, residential uses north, south and west of the site, and a church east of the site. This area is designated by the Meridian Comprehensive Plan as a "Mixed Use" planning area. Streets, curb, gutters, and sidewalks will be constructed to the standards of the Ada County Highway District, and Meridian Ordinance. Cross-sections for typical street construction with sidewalks five feet (5'} in width are shown on the face of the preliminary plat. This development will be served by existing sewer and water services from the city of Meridian. Appropriate easements for sewer service and access are also shown on the preliminary plat. Street names were chosen for continuation of existing street alignments. As stated previously, the development consists of fifty-six residential lots. These are located on 14.84 acres. The minimum lot size for the development is 6,500 square feet with a minimum house size of 1,300 square feet. Primary. access to this development is along Hickory Way from Fairview Avenue. Hickory Way is a collector street with capacity to accommodate the traffic in this Section. Development of this proposal will help in the continuation of the existing street pattern in the area. It will also provide Dove Meadows Subdivision #2 ~o~ea ii6s-z _ 1 _ • • connection to existing stub streets. Hickory Way will continue as a collector street to serve the Packard Subdivision development north of this site. Irrigation/drainage ditches crossing or bordering this site will be piped as required by City Ordinance. An eighteen inch (18 ") irrigation pipe will be installed between Dove Meadows #2 and Wingate Place Subdivisions to the north. This work is being coordinated between the developers of these subdivisions. Pressurized irrigation will be provided to each lot as required by City Ordinance. In summary, this proposal will complete the Dove Meadows development. It provides access to neighboring properties and a continuation of existing City services. The lots meet the design and dimensional standards in the City Ordinances and the overall proposal complies with the provisions of the Meridian Comprehensive Plan. Thank you for reviewing this application. If you have questions or need additional information, please call me. Respectfully, Patrick A. Tealey Tealey's Land Surveying /~-sC Ted Hutchinson Dove Meadows Subdivision #2 Project i 165-2 -2- T~LEY'S LAND cos south a~ st-~ eoise, idano 8302 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project No.: 1165-2 Date: December 14, 1995 DESCRIPTION OF PROPOSED DOVE MEADOWS SUBDIVISION No. 2 A parcel of land being portions of the SE 1/4 of the SW 1/4 and the SW 1/4 of the SE 1/4 of Section 5, T.3N., R.lE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Southeast corner of the said Section 5; thence along the Southerly boundary of the said Section 5 North 89°48'53" West 2644.18 feet to a brass cap marking the South 1/4 corner of said Section 5; thence along the North-South center of section line of said Section 5 North 00°27'15" East 1312.52 feet to a brass cap marking the Northwest corner of the said SW 1/4 of the SE 1/4 of said Section 5, said point also being the INITIAL POINT; thence along the North boundary of the said SW 1/4 of the SE 1/4 South 89°44'36" East 550.14 feet to an iron pin; thence leaving the said North boundary South 00°27'36" West 219.97 feet to an iron pin; thence South 45°52'44" West 150.00 feet to an iron pin marking the Northeast corner of Dove Meadows Subdivision No. 1 as on file in Book 65 of Plats at Pages 6662 through 6664 in the Office of the Ada County Recorder, Boise, Idaho; thence along the Northerly boundary of said Dove Meadows Subdivision No. 1 North 83°57'58" West 334.91 feet to an iron pin; thence continuing North 80°00'49" West 144.04 feet to an iron pin; thence continuing South 83°10'57" West 65.99 feet to an iron pin; thence continuing North 82°25'13" West 71.00 feet to an iron pin; thence continuing South 80°41'46" West 115.62 feet to an iron pin; thence continuing South 85°46'35" West 229.84 feet to an iron pin; thence continuing North 81°05'39" West 198.80 feet to an iron pin; thence continuing South 31°53°42" West 109.75 feet to an iron pin marking a point of beginning of curve; thence continuing Northwesterly 105.34 feet along the arc of a curve to the right having a central angle of 12°42'23", a radius of 475.00 feet and a long chord bearing North 53°48'28" West 105.12 feet to an iron pin marking a point of ending of curve; thence continuing South 57°26'46" West 51.57 feet to an iron pin ; thence continuing South 34°24'09" West 100.55 feet to an iron pin; thence continuing South 30°11'35" West 104.03 feet to an iron pin; thence continuing South 03°34'04" East 60.14 feet to an iron pin; thence continuing South 30°11'35" West 100.00 feet to an iron pin; thence leaving the • • TEALEY'8 LAND sIIRVEYING 109 S. 4'" STREET, BOISE, IDAHO 83702 * (208) 385-0636 Project No.: 1165-2 Date: December 14, 1995 PROPOSED DOVE MEADOWS No. 2 PAGE 2 said Northerly boundary of Dove Meadows Subdivision No. 1 North 59°48'25" West 322.08 feet to an iron pin on the West boundary of the said SE 1/4 of the SW 1/4; thence along the said West boundary North 00°27'07" East 490.55 feet to an iron pin marking the Northwest corner of the said SE 1/4 of the SW 1/4; thence along the North boundary of the said SE 1/4 of the SW 1/4 South 89°48'45" East 1326.32 feet to the INITIAL POINT. said parcel of land contains 17.55 acres, more or less. - "r T'r'""__"' t ~t N ~~ T _. j 1~ .. _ ~ /F. .r.-_- . _. r- -. .-..--_.. ~. i ~ ~ _ Y4,- •i ~ ~, ~, ~ ~ 7_ { 1 r t` = 1- y I ~ - L: ~ I >~ >• I-t l ~~ Y-; ~' r ~ .. ,~ ._.- _, ---- - -- - -- t: I-L ~ ~ -- -- _ .- -- -- -- -~- r~ t a. I-L `, - - ~. A~D . PLAiVt~YNG~,~pd. ~' --, ~ -- - --~..-~-Lr---^ r s ~ ~ ~ _ - EC 1 4 ~:.~ ~: ~ ~ . 1~:,~ ;- ~: . __ ~ ,_~ --- 1 _ ~ i ~~ ~ ~~ t.__ _. -. _. - 1 1 ~ ~ ,--._ _. i --+-. ., c 0° DECLARATION OF COVIIVANTS, CONDITIONS AMID S DOVE MF.ADOHTS SUBDIVISION N0. ~. THIS DEG7ARATION Is made on the date hereinafter set forth by the Lmdersigned, DAVID E. FADER and MARY LEADER, husband and wife, hereinafter referred to as "Declarants". Wf~RF.AS, Declarants are the owners of certain real property in the Crnmty of Ada, State of Idaho, hereinafter referred to as "Property", more particularly described as follows: Dove Meadows Subdivision No.~.,, lying in the SE 4, SW~ and the ~, SE 4, Section 5, T. 3 N., R. 1 E., B.M:, according to the official plat thereof recorded as Instnment No. Book of Plats at Pages _ through ~ Records of Ada County, Idaho, .~ inclusive, NOW, THEREFORE, Declarants hereby declare that all of the said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth; all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said property. Said easements, cwenants, restrictions, conditions and reservations shall constitute covenants to run with the land and shall be binding upon all persons claiming under them, and also that these conditions, covenants, restrictions, easements and reservations shall inure to the benefit of and be limitations upon all future owners of said property or any interest therein. ARTICLE I Definitions Whenever used in this Declaration, the following terms shall have the following meanings; 1.1 "Association" shall mean and refer to Dove Meadows Homeowners Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.2 "Bui-lding Lot" shall mean and refer to a lot, or to a~ parcel of said property under one ownership which consists of a portion of one of such lots, or contiguous portions of two or more contiguous lots if a building is constructed thereon. 1.3 "Committee" shall mean the Architectural Control C,ormiittee described herein. 1.4 "Commn Area" shall mean all real property, including improvements thereto, owned by the Association for the cotm~on use and enjoyment of the owners. The Cocmon Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: ~ ~ ~ ~ • LotY~, Block2 , Lotf0., Block S, Lot ~f, Block S, Dove Meadows Subdivision, together with the daninant interest in the landscape easements as shoran an the plat over and across het "~'~~'~E-~--~~---~:d---;-$i~ee~--; Lot (. , Block 6, and Lots . , ., , r r and ~_~ , Block 1, of said Subdivision . 1.5 "Declarants" shall mean and refer to David E. Leader and Mary wader, their successors and assigns. 1.6 "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the property as recorded in the office of the Ada Crnmty Recorder. 1•~ ~~rtgage" shall mean and refer to any mortgage or deed of trust and 'Mortgagee" shall refer to the mortgagee, or beneficiary tinder a deed of trust, and '~brtgagor" shall refer to the mortgagor, ar grantor of a deed of trust. 1.8 "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. 1.9 "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 properties, including contract sellers, but excluding those having such interest merely as sect~ity for the performance of an obli- gation. 1.10 "Plat" shall mean the recorded plat of Dove Meadows Subdivision No. . l.ll "Properties" or "Property" shall mean and refer to that certain real property hereinbefore described. 1.12 "Setback" shall mean the miniman distance between the dwelling unit ar other structure referred to and a given street or road or lot line. ARTICLE II Property Use Restrictions The following restrictions shall be applicable to the Properties and shall be for the benefit of and limitations upon all present and £Z.iture owners of said Property or of any interest therein: 2.1 Land Use and Building Type No lot shall be used except for single family rest ential purposes, and no lot or the Cammo~cl Area small be used for the conduct of any trade or business or professional activity. All lots and improvements constructed thereon mist comply with all applicable governmental rules, ordinances, laws, statutes or regulations. 2.2 Sites 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 Declaration of Covenants -Page 2 CJ advertising the property for sale or rent or si lending institution or the Declarants to advertise the praperty~lder, or the construction and sales period, ~~ 2.3 Anrma.ls• No animals, livestock or be raised, re or kept on any lot, except that~dogs,ocatsy o o~~Il household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and such pets complies with all city and co~mtyla~cas~ ~eS ~d leper of No dog, cat or other household pet may be kept which unreasonabgly tuns. bothers or constitutes a nuisance to other owners of other lots. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a set- back line, where applicable. Dog runs or kennels shall and be ted to be placed and maintained to the rear of dfaellings and in ro evert shall such structures be visible from a street. 2.4 Street L' hts. The Declarants have installed, or will install, street ights in accordance with the Meridian Public Works Department's Specifications and Standards, After installation and acceptance by the Public Works Department, all such street lights shall becane property of the City of Meridian, Said street lights shall be constructed in, and be subject to, the permanent public utilities, drainage and irrigation easement over the outer ten (10) feet of each lot that is adjacent to and parallel with any street in said subdivision, for the benefit of Meridian for the mod.maintaining the City-owned street light fixture~s,o~ walling ~• trailers basement, tent, sic c, garage barneor othe~r~ ~acter, be used on any lot at any time as a residence, either tuem~rardilyso~~'ll permanently. No trailer, camper, mobile home, camper-truck or other similar vehicle shall at any time be used as a residence, either temporarily or pera~anerLtly an any p~ of said property, 2.6 Vehicles. Nan-wnrking or co®ercial vehicles of one ton or greater sha~reg~~.ly ~ as a matter of practice be parked on any lot or street adjacent to the Properties unless properly garaged. 2.7 Motor Homes and Recreational Vehicles, parking of boats, snow mobiles (on or o trailers), trailers, motor homes, motorcycles, trucks, truck-campers, any recreational vehicle and like junk cars or other unsightly vehicles shall not be allowed~on~ytp~t of said property nor on public ways adjacent thereto, excepting only ~~ the ccmfines of an enclosed garage, or adjacent to a residence in an area fenced from the view of the street and adjacent properties and not within the front yard set-back area, and no portiere of the same may project beyond the enclosed area except under such circastances, if any, as may be prescribed by written permit a roved oral Control Committee. All other ~ by the Architect- hibited except as approved in writ'p~~ of ~P~t shall be pro- Committee. ~ b'Y the Architectural Control 2.8~' g_ No part of said property shall be used or maintained Declaration of Covenants -page 3 • as a dumping ground fo garbage, trash or othe said Property except ' storage or disposal of sanitary condition. • r rubbish, trash, garbage or any other waste. No r waste shall be kept ,or maintained on any part of ut a sanitary container. All equipment for the such material shall be kept in a clean and 2.9 Noxious or Offensive Uses. No noxious or offensive or unsightly c itions s 1 e permitted on any part of said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 2.10 Parkin Ri ts. Any automobile or other vehicle used by arty owner shall a parse in a driveway or garage which is a part of his dwelling unit. 2.11 Electronic and Other E t. No television antenna, radio anterma, sate ite s s, microwave receivers, wind generators, solar collecting devices, or related types of equipment shall be installed on any lot or the exterior of any residence or structure located upon any lot without the prior written approval of the Architectural Control CoQmittee, which approval may be withheld in said coQmittee's sole and absolute discretion. 2.12 Unsafe or Hazardous Activities. No activity shall be c~n- ducted on or in any improvement ocate upon any lot which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said property; no open fire shall be lighted or permitted on the property except in aself-contained barbecue trait while attended and in use for cooking Purposes or within a safe, well-designated interior fireplace. 2.13 Li t Sound and Odor. No light shall be emitted from any lot which light is tmreasona~'Ly~right or causes tmreasonable glare. No sound shall be emitted from any lot which is unreasonably Loud or annoying. No odor shall be emitted on any property which is noxious or offensive to others. 2.14 Maintenance of Landscaping Each owner shall maintain the landscaping on the owner's respective lot, including trees and other landscaping, in a neat, clean and attractive condition. In the event that an owner should fail to do so, the Association shall have the right to enter upon such owner's lot and perform such maintenance, repair, or replacement as may be required at the sole cost and expense of the owner. 2.15 Basketball Backboards and Rims. No basketball backboards or basketball rims, wi or wi t nets attached, shall be affixed or installed an the exterior of any residence or structure located tlpcm any Iot and the same shall only be installed or affixed upon a suitable metal pole as approved by the Architectural Control Committee. ARTICLE III Buil Restrictions 3.1 Building Restrictions, o s 1 be erected, altered, Declaration of Covenants -page 4 • placed or permitted to remain on any lot other than one (1) detached single-family dwelling, containing a minim m, of 1,3Q0 square feet of interior living space, except that all lots in Block 1 shall require a minim,rn of 1,$.50 square feet of interior living space, and a private garage for not less than two (2) nor more than four (4) vehicles. Each dwelling tmit ~y not be occupied by more than one (1) family. All restrictions and requirements shown an the Plat shall apply to each building lot and improvements placed thereon. 3.2 Set-backs, Building set-backs shall be in accordance with the zoning ordinance at the time of issuance of the building permit. 3.3 Height Restrictions. No buildings shall be erected, altered, placed or permitted to remain an any Iot which exceed thirty (30) feet in overall height, as measured from the highest point-on the top of the fo~mdation. 3.4 Detached Structures. No structure or above-ground impr~ve- ments shal e permute an any lot which are detached or separated from the principal structure iml.ess located within a reasonably compact area adjacent to the principal structure and unless designed as a single visual element connected or related visually with the principal struct- ure by fencing or other architectural features and in accordance with other requirements of these Covenants. 3.5 Moving of Buildings. No building or other structure shall be moved onto said real property from any location outside said property, 3.6 Size of Lot. All residential building sites subject to these Covenants shall remain of the size and dimensions shown upon the recorded plat referenced herein, save and except where a change may be made in accordance with the provisions of these Covenants and the law thereunto appertaining, 3.7 Building Materials. All buildings shall be of frame, stone, brick, or stucco construction and, if other than brick or stone, shall be finished and painted and kept in good repair. Masonry trim will be required on all buildings. All buildings and in~ravements shall maintain the quality of worlm~anship and materials and be in harmony of external design with existing structures and shall be located in hartmony with the topography and finish grade elevation of adjacent structures. All roof colors and materials must be in writing by the Architectural Control Committee. All roofs shall have a minimum pitch of 5/12 with the exception of patio coverings on the rear of the hoone, and at least two (2) exterior lights for the garage door opening and one (I) exterior light for the front entry way(s), 3.8 ~~ Within thirty (30) days after the completion of a dwelling Lmit, the of upon which said dwelling unit is located shall have in the front yard a rolled (sod) lawn, two (2) deciduous or conifer trees at least two (2) inches in diameter as approved by the Architectural Control Committee. 3.9 Sewer Restrictions. All bathroom, sink and toilet facilities Declaration of Covenants -Page 5 u U shall be located inside the dwellin building, and shall be cormected b g ~hauese ~dther suitable app~t~t cormection lines which have been pyrovided o eachllotto Alllrecordedr lots within this subdivision shall be subject to and restricted by the following covenants. 1. A monthly sewer charge must be paid after connecting to the Median public sewer system, according to the ordinances and laws of Meridian. 2. The owner shall submit to inspection by either the Department of Public Works or the Department of Building whenever a subdivided lot is to be cormected to the sewage system constructed and installed on an within the owner's property. 3. The applicant/owner of this subdivision or Iot or lots therein shall and hereby does vest in Meridian the right and power to bring all actions against the owner of the premises hereby conveyed or ~' Part thereof for the collection of any charges herein required and to enforce the conditions herein stated. 3.10 Water Su I Domestic water for the subdivision shall be Prov~.ded by t e ity o ~ ridian mtmicipal water system. The aver ma not, at any time, drill or excavate a well, and shall only use water y from the central water system installed by the Declarant, or extensions and additions to the system which the Declarant, or the c association or c orporatign, «~y approved by the Declarant may install, unless Declarant, in its discretion, waives this requirement, Owner understands and agrees that the Declarant, or corporation, association, or government entity established to furnish domestic water, will establish rates, by-laws, rules and regulations re ar ~" water and the maintenance of the water system, andgthe ~~livery,of be bound by the same. agrees to 3.11 Access to North Hi Wa No direct access to North Hickory Way is a awe un ess sai. access is specifically approved by the Ada County Highway District. ARTICLE IV Fences and Hedges No fences, hedges or bo2mdary walls situated upon a building site shall be constructed except upon approval of the Architectural Control Committee a.s provided in these covenants. Chain-link fences are hereby prohibited on any residential parcel except as r aequix o~ ~ I~Cl,arant or a public agency to secure utility sites irrig ainage facilities or other necessary. public uses as deemed Declarant ~Y construct a perimeter fence on one or more sides of the subdivision and that portion of any such fence on the the lot where the same is situated shall be maintained peter of by the subsequ,e~nt Declaration of Covenants - Page 6 • owners thereof in a state of good condition and r air, fence will not be awned by the Declarant, nor shall said fence bemeter subject to maintenance by the Declarant. 4.1 _Desi~. Subject to dir.~ensiona.l and location criteria which follow, alI fences which are placed on any residential parcel shall be of cedar, redwood, or such other construction or materials as may be authorized at the discretion of the Architectural Control Committee. Hedges or other solid screen planting may be used as lot line barriers subject to the same height restrictions as fences. 4.2 Hei t and Location No fence or hedge situated anywhere upon anY building site s a e a height greater than six (6) feet or such other heights as the Architectural Control Committee m3 the finished grade surface of the y specify, above is situated. No fence or hedge with an ele~vat ~~bov~e thaneee(3) feege shall be permitted in front of building set-back requirements or the front of the dwelling structure, whichever is greater, without the prior special written consent of the Architectural Control Committee. 4.3 Site Obstruction. No fence, hedge or shrub planting which obstructs site roes an e evations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points ty-five (25) feet from the inter- section of the street Lines, or in the case of a rounded property corner, from the intersection of the street property Lines extended, The same site-line Limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge. of a driveway or alley pavement, No trees shall be permitted to remain within such distances of such intersections tmless the foliage line is maintained at sufficient height to prevent obstruction of such site lines. 4.4 Site Fences. The construction and maintenance of a spite fence or spite trees s 11 be prohibited upon any building site. The determination by the Declarant that any wall, fence, hedge or tree falls wi-thin the latter category shall be conclusive upon all parties, ARTICLE V Easements 5.1 Electrical and Tel hone Service. All lots shall be served by ~rgrrnmd a ectrica.l and to ep one Ines, The services shall be installed in street or easement rights-of-way as platted. Each owner agrees to pay for costs and hook-up charges as established by the applicable electrical and telephone utility companies as a condition precedent to connecting thereto. The Declarant shall not be liable for the cost thereof, but may recover {~~ advanced, if any, to ob~'ain preliminary installation. 5.2 Platted Easements. The Declarant reserves such easements as shown and note oaz t~ p t far said subdivision for the p~n~ose of Declaration of Cav~enants -page 7 constructing water mains, electric distribution lines, sewer lines, gas pipelines, and such other public utilities as may be necessary, conven- ient and desirable for the owners of lots within the subdivision. 5.3 Maintenance of Easement Areas, The easement area of each lot and all improvements in it s e ma~.ntained continuously by the owner of the lot except for those improvements for which a public authority or utility company is responsible. Within said 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 or flow of water through drainage channels in the easements. 5.4 Landsca. a Easennen.ts. The Declarant reserves such easements as shown and note an sai p a~ton portions of Lot ,Block .; Lots and Block .; Lot ,Block . and Lots ~, and . ,Block ,which are hereby designated as '7.andscape Easements". Within said landscape easements, the Declarant may construct and establish such improvements and landscaping as the Declarant may deem appropriate, which improve- ments and landscaping will not be owned by the Declarant, nor shall the same be subject to maintenance by the Declarant. The selection of landscaping, and any changes or alterations, on Lot 1, Block 8, shall be subject to approval of Capitol Christian Center, the owner of the adjoining property. Lot 1, Block 8, may be improved and landscaped in a manner which emphasizes a religious motif due to the proximity of the church property. Maintenance of all improvements and landscaping within said landscape easements shall be the responsibility of the Association. The Association shall have the sole and exclusive right to determine the nature of such improvements and landscaping after the same have been installed by the Declarant and the Association may levy assessments for the repair or replacement of the same as hereinafter provided. The owners of the lots affected by such landscape easements shall not place any structures, planting or other materials in said landscape easement areas without the prior written approval of the Association. A1rIZCLE VI Declarant Repurchase Option The conveyance hereby made is further made subject to the condition and agreement by which the owner agrees that, within a period of twu (2) years following the date of delivery of any deed by Declarant conveying any plot, tract or lot, the construction of a dwelling house in compli- ance with the restrictions herein will be commenced upon the described real property. The terns "construction will be coQmenced", as used herein, shall require actual physical construction activities upon such dwelling house or structure upon said real property. In the event that the owner shall fail or refuse to co~nce construction of such dwelling house or structure within said two (2) year period, the Declarant shall have the discretionary option, but not the duty, to repurchase the above described real Property from the owner or the then owner or owners thereof at a repurchase price equal to the purchase price paid to the Declarant, less an amrnmt equal to ten percent (10~) thereof. In the event that the Declarant shall exercise its discretionary option to Declaration of Covenants - Page 8 . ~ ~ i • repurchase said real property, the owner or then owners of said real property shall, upon tender of payment of said repurchase price, make, execute and deliver to the Declarant a good and sufficient deed re- conveying to the Declarant the above described real property, This provision shall be binding upon all persons who may, at any time here- after, own or claim any right, title or interest in and to said real property, whether acquired by voluntary act or through operation of law. ARTICLE VII Prosecution of Construction Work The construction of the dwelling house and structures shall be prosecuted diligently, continuously and without delays from time of commetzcement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance, including finished painting, installing yard turf and land- s~Ping, within eight (8) months from the date of commencement of con- struction, Lmless prevented by causes beyond the control of the owner and only for such time that such cause continues. ARTICLE VIII Architectural Control 8.1 Architectural Control. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Cocmittee as to the quality of wnrl~anship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot unless similarly approved. No dwelling, fence, building, garage or other structure shall be built, erected or placed, materially altered or materially repaired which shall alter the surface colors or texture of any unit or portion thereof unless and until plans, specifications and color scheme have been reviewed in advance by the Committee and the same has been approved in writing, conditionally or otheiwi,se. The r and color shall apply only to the exterior apps c~ ofssa~.idto design improvements, it not being the intent of these restrictions to control interior repair or alteration, with the exception of alteration of a garage or carport into a living area„ 8.2 royal of Construction Plans of all structures to be erected ~ anY of must s tted to and approved by the Architectural Control Committee. Complete plans and specifications of all proposed buildings and structures, together with a detailed plan showing the proposed location on a particular lot, shall be submitted to the Architectural Control Ccmmittee before any construction or alteration is commenced, and such construction or alteration shall not be commenced until approval therefore is given by the Committee. 8.3 Architectural Control Committee Discretion. As to all improvements, construction and alteration upon any lot, the Committee Declaration of Covenants - page 9 shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing on such design, plan or color, the Committee shall have the privilege in the exercise of its discretion to take into considera- tion the suitability of the proposed building or of the structure, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Committee may also consider whether the proposed structure and design shall be in harn~ony with the surroundings, the effect of the building or of the structure or alterations therein as plarmed when viewed from adjacent or neighboring property, and any and all other facts which, in the Committee's opinion, shall effect the desirability of such proposed s~tuY'e, i.~rwement or alteration. Actual construction shall comply substantially with the plans and specifications as approved, In the event that the Architectural Control Committee does not act on any such proposal within thirty (30) days after complete plans and specifications have been submitted to it, said proposal shall be deemed approved. 8.4 Members of Committee. The Architectural Control Committee shall be initia y comprise o Roger Warrick and David E. Leader, All requests for approval of matters upon which the Architectural Control Committee has authority to act shall be submitted in writing to David E. Leader at 110 Parkway Drive, Boise, Idaho 83706. Each of said persons shall continue to serve on the Architectural Control Committee until such time as he has resigned or his successor has been appointed, as provided herein. The Committee shall consist of not less than two (2), nor mare than five (5), members. 8.5 Ri t of ointment and Removal As long as the Declarant shall be me owner o at least six blots in the subdivision, the Declarant shall have the right to appoint and remove all meters of the Architectural Control Committee. Thereafter, the Board of Directors of the Association shall have the right to appoint and remove all members of the Committee. 8.6 anon of Committee Members The members of the ArchitecturaC~ Committee s a~1 rece a no compensation for serv~.ces rendered, other than re~nirsement for expenses incurred by them in the performance of their duties hereunder, which reimbi~seznent shall be made by the Association. 8.7 Nan-liabili of Committee Members. Neither the Architectural Control Committee, nor any er ereo , nor its duly authorized cow mittee representative, shall be liable to the Association, ar to any owner or grantee for any loss, damage or injury arising out of or in anyway connected with the performance of the Committee's duties hereunder, unless due to the willful misconduct or bad faith of the Committee or member thereof. ARTICLE IX Dove Meadows Homeowners Association 9.1 Organization of Association The Dove Meadows Homeowners Declaration of ~venants - page 10 • • Association ("Association") shall be organized by Declarant as an Idaho Corporation, under the provisions of the Idaho Code relating to non-profit corporations and shall be charged with the duties and in- vested with the powers prescribed by law and set forth in the Articles of Incorporation, By-Laws and this Declaration. Neither the Articles nor the By-Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 9.2 Membershi Each owner, including Grantees and Declarants, of a lot by virtue o eing such an owner, and for so long as such owner- ship is maintained, shall be a member of the Association, and no owner shall have more than one 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 appurten- ant to the lot owned by such owner, The m®berships in the Association shall not be transferred, pledge or alienated in any way except upon the transfer of title to said lot and then only to the transferree 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. The Common Area. lot shall not have membership nor voting rights, 9.3 Votin The Association will have t~v (2) classes of voting memberships. 9.3.1. Class A Membershi Class A members shall be the owners, wit a exception of the Declarants, and shall be entitled to one (1) vote for each lot awned. When more than one person holds an interest in an 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 ane vote be cast with respect to any one lot. 9.3.2. Class B Membershi The Class B member shall be the Declarants. Upon t first sale of a lot to an owner, the Declarants shall thereupon be entitled to six (6) votes for each lot of which Declarants are the owners. The Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class A Meor~bership equal the total votes outstanding in the Class B Membership; or (b) On January 1, 1999. 9.4 Board of Directors and Officers. The affairs of the Association s c to y a ar of Directors and such officers as the directors may elect or appoint in accordance with the Articles ana By-Laws, as the same may be aaesded from time to time. The initial Board of Directors of the Association shall be appointed by the incorporators or their successors and shall hold office until the first annual meeting at which time anew Board of Directors shall be elected Declaration of Covenants - page 11 * ~ in accordance with the provisions set forth in the By-laws, 9.5 Powers of the Association. The Association shall have all of the powers of a non-pro it corporation organized tinder ~ general non- profit corporation laws of the State of Idaho limitations subject only to such upon the exercise of such powers as are expressly set forth in the Articles, the By-Laws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required Oz' permitted to be done by the Association tinder this Declaration, the Articles and the By-Laws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the and operation of the Canmrt Area and ~ perforn~~tce of the ot~g~nt responsibilities herein assigned, including, without limitation: (a) Assessments. The power to levy assessments (annual, special and Iimite an the owners of lots and to enforce assessments, all in accordance with the provisions of ~tsof such Declaration, (b) Right of Enforcement The power and authority from time to time In its awn name, on its own behalf or in behalf of any owner or owners who consent thereto, to coQmence and maintain actions and suits, to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the B -Laws Association rules a ted 3' ,including the enforce by mandatory~injtmcrntian ort oche ~SSeeCa11 pis Ito hereof . (c) Delegation of Powers. The authori to dale ate its duties to com~.ttees, o icers ~ g Per and or corporation to act as 'employees, or to any person, firm 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 so delegated. (d) Association Rules, The power to a t, ~j~-ty wte o oard, such rules and regul~atio~nansd~ ~1 by Association deems reasonable, The Association rules shall govern the use of the Commas Area, by the owners, families of an owner, or by an invitee, licensee, lasses, or contract purchaser of an owner; Provided, however, that the Association rules may not diser;m;++~te among owners and shall not be inconsistent with this Declaration, the Articles or By-laws, A copy of the Association rules as they ~Y from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each owner and a copy shall be posted in a consPi~s place within the CoQmon Area. Upon such mailing or delivery and posting, said Association rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any conflict betweext any such Association rules and any other provisions of this Declara- tion, or the Articles or By-laws, the provisions of the Association rules shall be superseded by this provisions of this Declaration, the Articles or the By-Laws to the extent of any such inconsistency. Declaration of Covenants _ page 12 • (e) ~rl~enc Powers The Association or any person authorized by the Association may enter upon any Iot in the event of an 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. (f) Licenses Easements and Ri is-of-Wa The power to grant and convey to any party s icenses, easements and rights-of- ~Y ~~ on or under the Comma Area as may be necessary or approp- riate for the orderly maintenance or preservation and enjoyment of the Common Area and for the preservation of the health, safety, convenience and welfare of the owners. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty- one (21) years after the death of the individuals executing this Declaration, on behalf of the Declarants, and their issue who are in being as of the date hereof. 9.6 Duties of the Association. In addition to it by the Antic es wi power delegated to t uniting the generality thereof, the Association or its agent, 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: (a) Operation and Maintenance of Cocmon Area Operate, maintain or otherwise manage or provide or operation, maintenance and management of the Common Area including the repair and replace- ment of the property damaged or destroyed by casualty loss and all other property acquired by the Association. (b) Landsca a Easements. Operate, maintain or otherwise provide far a operation maintenance and manage or management of the landscape easements established or otherwise acquired in favor of the Association including the repair and replacement of property damaged or destroyed by casualty or loss. (c) Taxis and Assessments. Pay all real and personal property taxes an assessments separately levied against the Common Area awned and managed by the Association or against the Association and/or any Property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; Prided, however, that they are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy ~e payment of such taxes, In addition, the Association shall pay alI other taxes, federal, state or local, incl corporate taxes levied against the Association ~ ero~to~t the Association is denied the status of a tax exempt corporation. (d) Water and other Utilities. Acquire, provide and/or pay for water, a ectrica an o er necessary services for the Cowman Area, and other property awned or managed by it. Declaration of Covenants - page 13 • (e) Insurance. Obtain, from reputable insurance companies autho- rize to b~iness in the State of Idaho, and maintain in effect policies of insurance on any improvements, equipment and fixtures owned and managed by the Association and comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual owners and agents and employees of each against any liability incident to the ownership and/or use of the Coaabn Area or other property awned or managed by the Association, directors and officers liability insurance and such other insurance to the extent necessary to comply with all applicable laws 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 anv Association fiords or other property, Insurance premiums shall be deemed a common expense to be included in the annual assessments levied by the Association. (f) Rule Making, Make, establish, promulgate, amend and repeal the Association rules. (g) Architectural Committee. Appoint and remove members of the Architectura Contro Committee, subject to the provisions of this Declaration. (h) Drainage Systems. Operate, maintain, repair and replace, alI drainage systems located within the property and shown an the plat which are not maintained by public authorities. 9.7 Personal Liability. No member of the Board, nor any committee of the Association, nor any officer of the Association, nor the Declarant, nor the manager, if any, shall be personally liable to any owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed an accrnmt 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 Committee, or 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 X Covenant for Maintenance Assessments 10.1 Creation of the Lien and Personal Obligation of Assessments The Declarant, for each lot owned within the properties, hereby covenants and 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 to the Association: (a) Armual regular assessments or charges, and (b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided, and Declaration of Covenants -Page 14 • (c) Limited assessments as hereinafter provided. The annual, special and limited assessments, together with interest, costs and reasonable attorney's 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 successors in title unless expressly assumed by them. 10.2 Purpose of Assessments. (a) Regular Assessments. The regular assessments levied by the Association sha.~~.~used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the Camrni Area and the performance of the Association's duties with respect to the landscape easements. (b) Special Assessments for Capital Improvements In addition to the annum 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 3n part, the cost of any construction, reconstruction, repair or replacement of a capital improve- ment upon the Cammnn Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-third (2/3rds) of the votes of each class of members who are voting in person ar by prey at a meeting duly called for this purpose. (c) Limited Assessments. The limited assessments may be levie aga~.rist any owner in an amotmt equal to the cost and expenses incurred by the Association, including legal fees, for corrective action necessitated by such owner, including without limitation, costs and expenses incurred for the repair and replacement of the Common Area. or other property owned or maintained by the Association, damage by negligent or willful acts of an 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 the owner as provided herein. 10.3 Maximimm Axmual Assessment. Until January 1 of the year in which the first re ar assessment commences pursuant to Section 10.6 herein, the maxim~.an regular assessment shall be $60.00 per lot, or $5.00 per month. (a) From and after Jarniary 1 of the year imaediately following the first regular assessment, the maximmm annual assessment may be increased each year not more than ten percent (lOZ) above the maximum assessment for the previous year without a vote of the Declaration of Covenants - Page 15 • • membership of the Association as provided below. (b) From and after January 1 of the year iIImediately following the first regular assessment, the max;rrnnn annual assessm~t may be increased above ten percent (10x) by a vote of two-tl~sds (2/3rds) of the owners who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the max;mim, 10.4 Notice of Quorum. Written notice of any meeting called for the purpose o t ing any action authorized under Sections 10.2(b), and 10.3 shall be sent to all members not less than thirty (3D) days nor irore than sixty (60) days in advance of the meeting. At dne first such meeting called, the presence of members or of proxies-entitled to cast sixty percent (60x) of all of the votes of each class of membership shall constitute a quorum, If the required quorum is not present, another meeting may be ca.Iled 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 subse- quent meeting shall be held mire than sixty (60) days following the preceding meeting. 10.5 Uniform Rate of Assessment. Both annual and special assess- ments must ixe at a orm rate for all lots and may be collected on a quarterly or annual basis; provided, however, that d~sit~g the time there is a Class B member, such Class B member's obligation shall be limited to payment of all expenses of the Association from the inception of the subdivision until regular assessments commence as set forth in Paragraph 10.6 herein, The Class B members shall have no fisther obligation for assessments until a lot is conveyed to an over other than the Declarant, at which time assessments shall commence for the lot conveyed. 10.6 Date of Commencement of Arurua.l Assessments -Due Dates. The annual regu ar assessments prove. or erein s comm®ce as to all lots on the first day of the seventh (7th) month following the conveyance of the Common Area„ The first annual assessment shall be adjusted according to the number of months rpsna;n; ~ in the calendar. year. The Board of Directors shall fix the amo~uit of the amual assessment against each lot at least thirty days in advance of each annual assessment period. Written notice of the aimual assessment shall be sent to every owner subject thereto. The due date 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 certifi~te of the Association as to the status of assessments on a lot is bi*~i ~ upon the Association as of the date of its issuance, 10.7 Non-payment of Assessments -Remedies of the Association Any assessmuit u~t, paia wltn~n r~rty (30) days after a to s bear interest from the due date at the rate of ten percent (lOZ) per Declaration of Covenants -Page 16 • • annum. The Association may bring an action at Law against the owner personally obligated to pay the same, or foreclose the Lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Cannon Area or abanddorgnent of the owner's lot. 10.8 Subordination of the lien to Mort es. The lien of the assessments prove. or erein s e s r to to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. Aowever, 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. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE XI 1"lortgagee Protection Notwithstanding anything to the contrary contained in this Declaration, or in the Articles and By-Laws of the Association: 11.I Reserve Fiord. The Association shall maintain an adequate reserve fun .or t performance of its obligations, including the main- tenance, repairs and replacement of those cam~on elements and :;~rove- ments thereon, and such reserve shall be funded by at least quarterly assessments. 11.2 Examination of Books and Records. The holders of first mortgages s 11 have the right to examine the books and records of the Association and to obtain annual reports or other appropriate financial data. 11.3 Management Agreements An y management agreement for the properties or Camxm Area, or any other contract providing for services of the developer, sponsor or builder, shall be terminable (i) by the Association for cause upon thirty (30) days written notice thereof, and (ii) by either party without cause and without payment of a teYmination fee on ninety (90) days or less written notice thereof, and the term of anY such agreement shall not exceed one (1) year. 11.4 Subordination of Lien. Any lien which the Association may ~~ on ~Y ing unit or payment of assessments attributable to such unit will be subordinate to the lien or equivalent security interest of any mortgage on the twit recorded prior to the date notice of such assessment lien is duly recorded. I1.5 Restrictions on Association. Unless all institutional holders of first mortgages given their prior written approval, the Association shall not: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Camnn Area property awned, directly Declaration of Covenants -page 17 • or indirectly, by such Association for the benefit of the the granting of easements for owners. purposes consistent with the ln~tenldeduuselofeS ~ far °ther public Property shall not be deemed a transfer within ~ ~~' clause. the meaning of this dues or otgherhe ~th°d of determining the obligations, assessments, charges which may be levied against an owner. (c) By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of dwell' and the maintenance of Ccarron Area r e ~ units, fences and driveways, or the P oP rty, party walks, or commas subdivision. upkeep of lawns and plantings in the (d) Use hazard insurance proceeds for losses to any Commas ~~ Property for purposes other than the repair, replacement or reconstruction of such Cocmon Area property. (e) Amend materially this Declaration, or the Association's Articles of Incorporation, or its By-Laws, (f) Terminate professional management and assume self-manage- went of the properties. ARTICLE XII Annexation 12.1 Lan~~ct to Annexation. add to the ro T~ Declarants may, at any time, P perry 'ch is covered by this Declaration, all or any portion of land then awned by the Declarants which is Conti real Property heretofore described in this Declaration. ~s to the 12.2 Effect of Annexation, Additional land which is added to the property whi, is covered t s Declaration shall be separately described by phase numbers or similar desi prO~rtY armexed hereto shall be held and ~' ``~'l of such the easements, conditions cov ~ ~ and subject to forth herein. enants, restrictions and reservations set The owners of each such lot in virtue of being an owner of such a lot, be a annexed property shall, as described in Article IX herein. menber of the Association Declaration, add and c The Declarant may, by a Supplemental Association. o~y additional ccamon area property to the 12.3 Notice of Annexation. Annexation, as scri ~.n Sectionpl2.~herreinr~ of a Notice of contained within a Supplemental Declaration affec~~ notice may be Covenants, Conditions, and Restrictions contained in shall apply to the added land in the same ~th~.s Decl~ ~~on~ originally covered msnner as if it were portion of the ~' this Declaration and originally constituted a liabilities of the ect. T~r~fter, the rights, privileges, duties and parties to this Declaration with respect to the added Declaration of Covenants - page 18 • • land shall be the same as with respect to the orio sal land, and the rights, privileges, duties and liabilities of the owners, lessees, and occupants of lots within the added land shall be the same as in the case of the original land. Notwithstanding the foregoing, any Supplemental Declaration may provide a special procedure for amenchnent of any specified provision hereof, including, but not limited to, requiring a specified vote of only the owners of lots within the area subject thereto. Any provision of a Supplemental Declaration for which no special amendment procedure is provided, shall be subject to amendment in the manner provided in this Declaration. 12.4 Procedure for Annexation. An in Schedule A may a annexe into the ro3ect byothe recordingsof aed Notice of Annexation executed by the Declarants and containing follow;.ng information: the (a) A reference to this Declaration, which reference shall state the date of recording hereof and the Recorder's Instru- meet N~ber or the book and page of the official records of Ada County, Idaho, where this Declaration is recorded; (b) An exact legal description of the added land; (c) A statement that the provisions of this Declaration shall apply to the added land, as set forth herein; and (d) A statement of the use restrictions applicable to the annexed property, which restrictions may be the same or different from those set forth in this Declaration. ARTICLE XIII General Provisions 13.1 Enforcement. The Association, or any owner, shall have the right to en o~rce; y-b-any proceeding at law or in equity, all restric- tions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 13.2 Severabili Invalidation of any one of these covenants or restrictions y judgment or court order shall not affect any other provisions which shall remain in full force and effect. 13.3 Terns and Amendment. The covenants and restrictions of this Declaration shall run with an 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 unless an instztu~nent signed by seventy-five percent(75~) of theC~en~s owners of the lots has been recorded agreeing to change said covenants in whole or in part. 13.4 No Right of Reversion Nothing herein contained in this Declaration of Covenants -page 19 Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property or any part thereof, shall be deemed to vest or reserve.in Declarant any right of reversion or re-entry for breach or violation of any one or more of the provisions hereof. 13.5 Benefit of Provisions - Waiver. The provisions contained in this Declaration s and inure to the benefit of and be enforce- able by Declarant and the owner and owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by any of the property owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 13.6 Assiprrment by Declarants Any or all rights, power and reservations of Declarants erein contained may be assigned to any other corporation or association which is now organized or which may hereafter be °rgani-zed, and which will assume the duties of the Declarants here- under pertaunng to the particular rights, power and reservations assigned; and upon any such corporation or association evidencing its intent in writing to accept such assignmei1t, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarants herein. All rights of Declarants hereunder reserved or created shall be held and exercised by the Declarants alone, so long as Declarants awn any interest in any portion of said property, I3.7 Amendment, This Declaration of Restrictive and Protective Covenants maybe ~~d by written instn~~ent duly notarized and recorded containing the signatures of not Iess than twe-thirds (2/3rds) of the lot owners within the subdivision. ~ ~T~S w~EOF, The undersigned being the Declarants herein, have hereunto set their hands and seals this _ day of , David E. Leader r Declaration of Covenants - page 20 • STATE OF IDAHO ) ss County of Ada ) On this day of - ,before me, the undersigned, a Notary Public in and for said county and state, personally appeared DAVID E. LEADER and MARY LEADER, husband and wife, lmown to me to be the persons whose names are subscribed to the within instnunen.t, and aclmowledged to me that they executed the same. IN WITNESS WHERFAF, I have hereumto set my hand and affixed my official seal the day and year in this certificate first above written. Notary is or Idaho (SEAL) Residing at Boise, Idaho My CoIImission expires: Declaration of Covenants -Page 21 `-~~ ~r~ .- ~br Va]u~a Rkrc,~pivt~ WARItAN'1'Y 1)1:1:1) Je~cry P. Aodrnnn, a bir~glo man Qn Jaruxary 3, 1978, tha Aata Of ooqui.rir~ titic+ ~-nd C~tnar since, t~exp..inafi;ei raf~rxed iaa es C#~cantar, doe$ hie~y q~~t, 1~~rgain, eal.l, a:x1 vonve~y tu~ta 13ANI'Q ~. ~, a mas~cied man, E3e his ©olo arxi s+~arei~s px~~ex-ty he~riainai:ter r+eforsnc! to ao Gre~rrbee, whfleo ourt~ent a iB 110 F'~nricway Dr3.w3 - U' Gi.t3t3, IP 83706 tha foll:awiryg dapaxibad penises, to-wit: 79-,at oertai.r- real. property mare particxllarly iibad tzXxan "~chibit A" attar.Yyed hereto, tat~irh r~sid "Farhibit A" is ~ iltis referes~e incorporated herein end made a part h~oaof . ~D HAVS ANq Td tiOI.D tho said premises, with their al~x~xt,eru~x~s unto tIn mid Grar~teB, his ?yairs ar~C! assigr-s forever. Mci tl~ said V'rantor d~7E?8 he~rpby aove~~~i: Lv ~~ wi.ili t;1~ sai.d ~i-ar3tee, tt~st Gra~z~ror 3.s t9~ owcrx in fps simple of said pren~tses; that Said premier arse free frrm ell er~axnbxar~oas exra~.pL cx~c~t year-r~ taures, lavies~, end essessm~ts, ~nc9 exempt U. S. Patent reservatia~, raslxl.cti.cx~e, easemerit$ of reaoa.~d, and esserr~nt~ visible upon the px~en~i ales, arm tt~t G7cantcar wi~.l waxrsnt arYi defend the Sa-tta from all claims what;soevpr. Dated: May 7, 1993. :fermi A. $TATS 0~ ZT~1tYJ ss C)0[)MI'SC Off' Ada ) Qi This 7t2t day oi: May, in tx~e year 1993, before uie, a Notary Public in ar~d for said State, p~ar~ally ~-~aeared Jerry p. iZodman, Ia~own os idea~ti-fled t~ m3 to be Ll~ pEU.t~c~r~ wt nau~a are sukascci.bed to the withl:~ Instrun~ert, ar~A ac~marlecY,~eA to me that they ex+acnjted tam same. /., / A From HEF.'ITAGE REA~TY 2i8-344- '''66 FriCtf•lE Na. 262 344 8264 Jul. 16 159;, 9'3EAM F'ED' ,. ~~ ~ • EXNYAI`f "A" T7ae Southeast: yusu-ksr df the Southwest quartr-r of Section 5, 7rn-mship 3 Nnri:lt, Ratxfe 1 EasL•, oP Use lt3oi~ Meridie~ti, Ads Couttty ~claho. Also ~'XCG"PT ~1M, any partian lyitx~ within v. S. ltiighway 30. ALS4 Exct~T 'ITU~tr~7~Nt, ditch and road ric~-ts-af-~y. ALSc) k»t{Ct~'T' 'I}iIItF.'FFiQ~Nl, the following parcels A, B ar,~3 C: ..~ t3cx~itu~ing At the Section corner voara'oon do Sect.i.ans 5, 6, 7 and 8 in Ta~mehih 3 Nortt:, Rdnye 1 tsasC, Boise Meridian, Ada County, Idaho, wkiich caorner is markec9 by a brass sap 3n Hly-iwnay Nu. 30, a1'id ie 21.2 test fe~ith of t>>e ccntar liras uL said Highway No. 30; thenct{ No><-rh £t9°:34'30" East along the section line ccmenon to Sections 5 and 8 a distance of 1,32G.70:,feet; thence North 0°07' last 60.55 feet to the REAL FOIIJI' OF' Af>GTNPdTNG Which 12F~4T. FOINT OF B17G1NNTNG is at art intore~otion of the Westerly t~otutdary or fire Southeast critart~r of the Southwest quarter of Section 5, with the Northerly ba-tndary of the right of way of Highway No. 30; thence SuuLir 85.08' L~asl. crlwiy ll,cs NauU,~,.ly l~vu,~la:~y of #.1,~ t'],:,~I;t cf way of !li.gh~~ay No. 30, a distance of 746.70 feet; t}tence plo~th 002' Gast 338.1 feet to a steal. stake; thence North ~u°1b' west lSb4.UU feet to an intersection with the 19e::~1:-~:rl.y 2x~urwiu~y uL the said Southeast quax-ter of rite Southwest quarter; thence South 011' West alc~rtg fire Westerly bourtdaxy of said SouL•]teast ~~taxter of t2te Southwest quarter 763.2 feet to the RfAX. pJ1N'T OF BT~INt1ING. PAFtCE'h,~ .. .. .... ...... ... ._._........_._._. Beginning at the Southeast garner of the Southeast qua>_-ter of the Southwest quarter o>" Sectilon 5, 2}o~.artsRip s NOYC1t, tt~tx~P r Ni~st of t>>e ec~lbe M~i~ic~t ,iar Ada County, Idaho; thence West along Ykte 5eclrion litre a distance of 45G feet to a point, t?te RGW~ I~CtTNT OF B)~INt1IlJG; tltenae Nort?t parallel to the West se~^tion line a distance of 444 feat: l.u a mint; thence West para].lal to the quarter section line a distance of 134 feet to a iioint; thence South parallel td ttte Easterly lithe a distance of 444 feet to a point on the Sr~rt i nn 1 i np; thP.nna Fast 1'itl Pc~~~t to the REAL, YU1Hl' OF ~~lG2N:~CIIJG. PARCEY. C Bcx~itvting at tihe Southeast oaz'ner of the Southeast goat-ter of the sa:ttltwest criiai-'ter of Section 5, 1txmsttip 3 North, Rntx3e 1 Fast of the 1]Gise Meridian in Ada County, 1'dakto, being the ItE:AY., POINT Gl* 6>=Y1N11II~iG; lher,re West 450 feet alorxl the South L~ottndaxy line bP said Section 5 to a point; thencx~ North 444 feet more or less, to a point; thence Fast 450 feet parallel 'to the South Section line l.o d lx~ittt; thence South 444 Peet more ox less t.o the REAL DINT OF BE);2Nt~7NG. ~.,, ~ . Y t -~/f • PROPERTY OWNERS within 300 feet of DOVE MEADOWS SUB #2 Parcel # 80619750010, 0060 &0100 Parcel # 80619750080, & 0090 Parcel # 89467170040 Fred Meyer, Inc. AVEST Limited Partnership Vladmir & t.Talina Novak Senior Vice President Corporate Roger H. Allen 2098 N. Wingate Place Facilities 6904 Randolph Dr. Meridian, Idaho 83642 P.O. Box 42121 Boise, Idaho 83709 Portland, OR 97242-0121 Pazcel #89467170050 Parcel # 89467170060 Parcel # 89467170070 David & Lori Middleton Genoveva Miyasato Richard & Paulette Meyer 2076 N. Wingate Place 2054 N. Wingate Place 2038 N. Wingate Place Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel # 89467170080 Parcel # 89467170090 Parcel # 89467170100 Leroy Younquist Michael ~ Mazy Markley Darin & Angela Lindig 2022 N. Wingate Place 2015 N. Wingate Place 2029 N. Wingate Place Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Pazcel # 894671 701 1 0 Parcel # 89467170120 Parcel # 89467170130 Todd & Leisa McClintick Brent & Kristin Hadley Jack Coon & Heidi Sabin 2047 N. Wingate Place 2069 N. Wingate Place 2355 E. Meadow Wood Dr. Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel # 89467170140 Parcel # 81914250010 Parcel # 81914250020 Eugene & Corinne Helmer Jerry Bt Donna Sullivan Bogdan & Galina Martsenyuk 2092 N. Devlin Avenue 2567 E. Apricot Court 2593 E. Apriwt Court Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel # 81914250030, 0040, 0050, Parcel # 81914250060 Parcel # 81914250090 0070, &0080 David & Kelly Nielson Sean & Shannon Cook 2646 E. Apricot Court 2580 E. Apricot Court I`I (1"Paikvi+ay Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Boise, Idaho 83706 Parcel # 81914250100 Parcel # 81914250310 Parcel # 81914250320 Donald & Debbie Steinke Randal L. Smith Clinton & Stacy Wall 2558 E. Apricot Court 5251 N. Watersedge 2518 E. Grapewood Drive Meridian, Idaho 83642 Boise, Idaho 83703 Meridian, Idaho 83642 Site address: 2534 E. Grapewood Dr. Parcel # 81914250330 Pazcel # 81914250340 Parcel # 81914250350 Eric & Beth Povlsen Robert Batchelor Robert & Tiffany Ririe 2940 E. Grapewood Drive 2472 E. Grapewood Drive 2454 E. Grapewood Drive Meridian; Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel # 81914250360 Parcel # 81914250370 Parcel # 81914250380 Scott & Marla Donnelly Karen Ward David dt Anna Sever 2430 E. Grapewood Drive 2416 E. Grapewood Drive 2396 E. Grapewood Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel # 81914250390 Parcel # 81914250400 PatceI # 81914250410 David & Doreen Mattson Alan & Loraine Tisdale Thomas & Heather Merlins 2382 E. Grapewood ]hive 2364 E. Grapewood Drive 2336 E. Grapewood Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 • • Parcel # 81914250420 Parcel # 81914250430 Parcel # 81914250440 Frank 8t Lucille Swiger Raymond Gogko Dennis & Janice McMann 2318 E. Grapewood Drive 1836 N. Ginkgo Avenue 2321 E. Apricot Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Site address: 1836 E. Grapewood Drive Parcel # 81914250450 Parcel # 81914250460 Parcel # 81914250470 Derick & Amy Gillum Marvin ~ Sarah Sims Karen Hair 2347 E. Apricot Drive 2363 E. Apricot Drive 2387 E. Apricot Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel # 81914250480 Parcel # 81914250490 Parcel # 81914250500 Robert & Michelle Peterson Allen & Lilian Bingham Robert & Tiffany Welch 2403 E. Apricot Drive 2435 E. Apricot Drive 2449 E. Apricot Drive Meridian, Idah0 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel # 81914250510 Parcel # 81914250520 Parcel # 81914250530 Josh & Sherri Brecks Eric & Brandy Toney D~ Nye, 2463 E. Apricot Drive 2485 E. Apricot Drive 2521 E. Apricot Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel # 81914250230 Parcel # 81914250240 Parcel # 81914250250 Richard & Shirleyanne Martens Morgan-Millensifer Inc. Jetl'rey & Paula Fisher 4872 N. Anchor Avenue 9339 Maple Hills Drive 2311 E. Grapewood Drive Boise, Idaho 83703 Boise, Idaho 83709 Meridian, Idaho 83642 Site address: 2351 E. Grapewood Drive Site address: 2327 E. Grapewood Drive Parcel # 81914250260 Parcel # 819142502270 Parcel # 81914250280 Ruth McCloud Kevin & Michelle Austin Nickolas & Joann Smith 10635 O'Shetna 2273 E. Grapewood Drive 10242 Petearana Street Eagle River, AK 99577 Meridian, Idaho 83642 Boise, Idaho 83704 Site address: 2295 E. Grapewood Drive Site address: 2255 E. Grapewood Drive Parcel # 81914250290 Parcel # 81914250300 Parcel # 81914250540 Teresa Schiedel & John George Scott & Vera Schlofman Kim Wilkerson 2252 E. Grapewood Drive 11333 Camas Street 2512 E. Apricot Drive Meridian, Idaho 83642 Boise, Idaho 83709 Meridian, Idaho 83642 Site address: 1883 N. Ginkgo Avenue Parcel # 81914250550 Parcel # 81914250560 Parcel # 81914250570 Darrell Wilson Construction Tom Smith, Sr. Mark & Joann Fuller 10605 W. Dason Court 2458 E. Apricot Drive 2440 E. Apricot Drive Boise, Idaho 83704 Meridian, Idaho 83642 Meridian, Idaho 83642 Site address: 2472 E. Apricot Drive Parcel # 81914250580 Parcel # R19i4250590 Parcel # 81914250600 Raytnond & Betty Pantaleo Aaron Janes & Kathy Zundel Randal & Julie Pipal 2414 E. Apricot Drive 2392 E. Apricot Drive 2350 E. Apricot Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel #85747710180 Parcel # 85747710190 Parcel #85747710200 Daniel J. & Judy Hardee & Craig & Marcy Dogger Theodore ~& Laurie Roy Daniel R. 8t Debbie Hardee 2044 N. Applewood Place 2043 N. Whittier Place 2054 N. Applewood Place Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel #85747710210 Parcel #85747710220 Parcel #85747710230 James 8c Isagella Spagnolletti Edward & Sharon Greene Robert & Rachel Montgomery 2053 N. Whittier Place 2059 N. Whittier Place 2062 N. Whittier Place Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 • Parcel #85747710240 Parcel #RS?47710250 Parcel #85747710260 Lagce Hatfield Terry McCarthy Charles & Barbara Wright 2056 N. Whittier Place 2048 N. Whittier Place 2046 N. Whittier Place Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel #85747710370 Parcel #85747710380 Parcel #85747710390 Daniel & Sharon Sears Brendan & Lucille Gardner Allan & Joyce Chandler 1885 E. Oakcrest Drive 1905 E. Oakcrest Drive 1945 E. Oakcrest Drive Meridian, Idaho 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 Parcel #85747710400 Parcel #85747710410 Parcel #85747710420 Robert Koga John & Davalee Leavitt Wade & Nancy Miller 905 S$136th Avenue Apt. J-5 1985 E. Oakcrest Ihive P.O. Box 73 Vancouver, WA 98684-3515 Meridian, Idaho 83642 Boise, Idaho 83729 Site address: 1965 E. Oakcrest Drive Site address: 2005 E. Oakcrest Drive Parcel # 51105315228 Parcel # SI 105315226 Parcel # S1105346825 ~ 346430 Gordon & Margaret Wood Norman & Donna Barker AVEST Limited Partnership P.O. Box 422 19405 Deerwood Drive Roger H. Allen Meridian, Idaho 83642 Volcano, CA 95689-9771 6904 Randolph Drive Site address: 2150 N. Dixie Lane Boise, Idaho 83709 Parcel # S1105346615 Parcel # S1105346655 Parcel # SI 105427900 Westside Bible Chapel Graye Wolfe, Sr. & Timbre Wolfe Edmonds Construction Inc. & 3018 S. Whitepost 9380 Fairview Avenue , Pacific Northwest Electric Inc Eagle, Idaho 83616 Boise, Idaho 83704 . 3131 E. Lanark Suite C Site address: 2040 E. Fairview Avenue Meridian, Idaho 83642 Parcel # S1105 438512 Parcel # S1105 315380 Capitol Christian Center, Inc. Phyllis 8c Richard Akerstrom P.O. Box 368 2050 N. Dixie Lane Meridian, Idaho 83642 Meridian, Idaho 83642 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on January 9, 1996, for the purpose of reviewing and considering the Application of Dave Leader, for a Preliminary Plat for land located in the S 1/2 of Section 5, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located next to the northern boundary of Dove Meadows Subdivision No. 1. Applicant requests Preliminary Plat approval of the parcel of land above described for 56 single family dwelling lots for Dove Meadows Subdivision No. 2 A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho 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 21st day of December, 1995. <c"~iZ~:f~~ ~ WILLIAM G. BERG, JR., C LERK f NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on February 20, 1996, for the purpose of reviewing and considering the Application of Dave Leader, for a Preliminary Plat for land located in the S 1/2 of Section 5, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located next to the northern boundary of Dove Meadows Subdivision No. 1. Applicant requests Preliminary Plat approval of the parcel of land above described for 56 single family dwelling lots for Dove Meadows Subdivision No. 2 A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho 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 1st day of February, 1996. ._ ,~~~~ WILLIAM G. BERG, JR., CI CLERK .~ `" . ' N. AVEST LN. --- a V ~~ 1 J ' w ~ ~J, ~ 5. ~- ~ 1 ~ 1~ ~ ~ ~, .~ • . I ~ . [7 Of o u W / J _ \~ N 1 = ~- d o c~ ti ~ D _ ` m ~ x ~ -- - ~ ~, O v A ~ O ~ t. N ra ` ~ j - p ~~~~~_ Jw \ ~ Q cs >. -~ ;.. •,. ~+ .t ~ ~ i s, ..5. ...+ ~ i rrii C%: ~? ~ ~ ~ r~i f - ~,i- I ~ / / • -~ _ ~ ' ' I w. 1 ~m i y ~a `° /' "' ~: i~ . ~~i t r / ~ ~` •~~~~~~~~~~~1~~~~~~ 1~~~~~~~~• `~• 1 -~ .. ~1 - J) o m / ~~ ~ ~- ~ i' _~ . J fVJ N L .:C~i~C!GE ~.. ~ I .. ~ '> 'i .. ~--r-- N •1 t ~~~ . _J N ~ ~ "~ : •. ~~ Z ~ ~~~~~ `~vN ~V _ 1 ~_ JI i W • jjn~~ A ~~_~ ^ N D a O+ ~ ~ ~ m I ."' I !" D ' I ~ ~^, ~ D D O ' F 1O M, : _ 1 N ~ ~Ifti , ~ I N DFVLI' O I N NiNGATE PL, a N. WIN ATE A,rt ;~ V~IPJGATE N c -~~~~~~• Meridian City Council May 7, 1996 Page 16 FINDINGS FOR CONDITIONAL USE PERMIT: Cowie: You have in your packet Council a request that they also for reconsideration of the findings of fact and also for the preliminary plat to be tabled until June 4. Morrow: So moved Rountree: Second Cowie: Motion made by Mr. Morrow, second by Mr. Rountree that we table the preliminary plat until the June 4 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED APRIL 16, 1996: PRELIMINARY PLAT FOR DOVE MEADOWS NO. 2 SUBDIVISION BY DAVE LEADER: Morrow: Mr. Mayor, on a presentation that we have from staff, item 4 it says preliminary plat for Dove Meadows No. 2 by Dave Leader, comment is still remaining are the issues of the 20 foot planting strip requirement on Hictcory, progress in tiling of the ditch along the northern boundary and the landscaping and irrigation. We have not received any additional information, could we have, as I recall the reason for tabling was those four items and the resolution of those. Shari you are indicating that there has been no progress made on the part of the applicant on all of those four items. Stiles: Councilman Morrow, Mayor and Council I am not aware of the progress if there has been any made. I know they were talking about tiling that ditch in cooperation with Wingate Subdivision but I still think that is an issue that needs to be taken care of prior to approval. And to the irrigation, maybe their representative is here and could address some of those items. Morrow: Mr: Mayor that would be my preference. Cowie: Is there a representative, I think I saw Dave Leader here. Leader: I think there is a representative here I don't know where he is. Morrow: My question would be the four items That, when you were here last were as Shari alluded to is what has been the resolution of the ditch along the northerly boundary and the landscaping and irrigation issues and the 20 foot planting strip? Meridian City Council May 7, 1996 Page 17 Leader: Starting with the ditch along the northerly boundary, number 1 I don't think this is appropriate to the preliminary plat. This is an engineering matter, it was discussed, it was covered both with our engineers certified and they had a system that would work. It was approved for construction by your City Engineer as far as it being done. Nothing has been done we don't have a preliminary plat approved yet. We are not going ahead with any construction on this at least until we have a subdivision approved. There was never any indication in my mind or that I understood that the ditch was supposed to be constructed or tiled before the subdivision was done. Morrow: As I recall the issue there Dave is that of commitment, if memory serves me the presentation at the last meeting concerning that ditch was somewhat iffy. Shari can you comment on that for me please? Stiles: Councilman Morrow, Mayor and Council this ditch has been a problem since the initial annexation. It never was solved in part of phase one even though it was not in phase one. I guess my problem is waiting for things to happen that have been promised to happen and nothing does happen. Mr. Brian, I don't know if he could shed any light on what is going on. He is in the back of the room there he is nodding his head indicating he has a comment. Leader: Could I make two comments on that, one I think Mr. Brian's problem never related to the lack of delivery of irrigation water. His problem was a complaint about too much water which had to do with wastewater that went down the ditch that was on my northern boundary. Since Avest developed that ditch that was adjacent to that drainage ditch that went adjacent to his property I believe no longer goes that route. The wastewater still goes where it always went at least at the present time, long terms I guess that is going to go somewhere else. Again the delivery of irrigation water to his property does not go through my property at all. If we construct this ditch and that is the plan with Wingate, we construct this pipe which would put that delivery of that water through our pipe. But because of the subdivision being held up we went in and re-ditched our ditches, we relocated the ditch further south so it was out of the way of building this line when the time came to build it. There was one other thing that first came up in this hearing and that was an agreement that I think Mr. Brian had that had to do with tiling the ditches. That agreement was never executed, that agreement was incorrect it is the reason it was never executed because it referred a ditch on the northem boundary when it should have referred to a ditch on the southern boundary of Dove Meadows No. 1 and 2. Morrow: I guess my question here is according to my notes from our last meeting, do we has a City have anything in writing that indicates that the partnership if you will between Wingate and yourself specifically spelling out what is going on? • Meridian City Council May 7, 1996 Page 18 Leader: Not that I am aware of, Gary Lee is here this evening, he is the engineer for Wingate. He may be able to add some light or shed some light on this. My assumption is that either Wingate has to build their own ditch through their property or we have to jointly agree to build this together which verbally we have done. We-don't have anything in writing but my assumption is either we build one ditch or we build two ditches. Morrow: I think what we has a Council are waiting to see is a resolution of that so that we know when the preliminary plat is approved exactly what is going to happen. Leader: Well again Walt I believe we are getting things out of order here because normally we don't have final engineering on a preliminary plat stage. Now we do in this case and our engineering calls for one ditch and Wingate's plan called for a ditch on their property. But, we combined these to eliminate problems to add efficiency into one and -your City Engineer looked at it and approved the plans. Morrow: I guess what I would like to see then for the City and its citizens is a letter from you signed by both you and Wingate agreeing to whatever the ditch plan is going to be. So that when we approve the preliminary plat we can say that this is a resolution to the problem and these folks have agreed to this. My suspicion is here that is kind of what we were looking for from the last time and we are not seeing that. Leader: I can't agree to something when I don't even have the preliminary plat, I don't know at this point if I will ever build Dove Meadows No. 2 if I never have a preliminary plat. Morrow: I think the point Dave is that you get the preliminary plat approved when you have some sort of commitment that spells out to us as a City exactly what is going to happen. I think we as a City get into trouble on projects if we deal with a gray area. I think what we are asking from you and Wingate Subdivision is a letter showing that this is the method that you are going to solve the ditch dilemma and that is part of the package in terms of the presentation for the preliminary plat. It is a fairly simple thing to do but it does require commitment on your part to solving the problem in that manner. Leader: Again the construction plans for the final plat show one ditch and they show sizing of the correct size they handle all the water through one ditch and that is the plans that have been approved ~y your City Engineer. Morrow: Your comments counsel? Crookston: It is the preliminary plat that basically is controlling. Once the Council approves the preliminary plat that is what everything is controlled basically by. So that is the time • Meridian City Council May 7, 1996 Page 19 when that is being done, when things need to be set forth as to what is required. Leader: My comment to that normally at the preliminary plat stage you don't have final engineering that even sets out the size of pipe, that sets out exactly where fat so you drains to and those kinds of things. Tha Ns th ~ we went ahead andrspenlt t e money and can spend the money to do the final plat. ow, did it and to me you are getting the cart before the horse. ookston: I don't have any opinion whether it is the cart before the horse, that is what the Cr courts have held. It is the preliminary plat that controls. Leader: What does it control final design? roved in the preliminary plat either the Crookston: No to my knowledge but whatever is app tat I don't have to do it. Or developer can come back and say that is nopt the prelimi la so you have to do it. vice versa the City can say that was in the reliminary p Leader: I assume that you approve the preliminary plat with conditions, is that not the case? Crookston: I believe that can be done. Leader: And that certainty being a condition is well withinabo ut(wanfing me to bui dath s acceptable to me. But as I understand it you are talk g before I even have a plat approved. Morrow: That is not correct Mr. Leader, what t Waate Subdiv lion to h I conceptr Itam commits both yourself and Dove Meadows and Wing not asking for anything to be approved, I am sorry I am no at we arerask ng herebont hle in terms of before preliminary plat approval. I think wh ortunit to conditions or the reason that this was tabled last time is that you had an opp Y address those issues in writing and make those commitments. That is all it is is those commitments in terms of written. Leader: I am sorry I didn't understand that at all. Again I feel it is more appropriate for you to make that the condition for approval then for m otheg stsue's he agreements that for something that isn't approved. Can we go onto the Morrow: We can, please address the other ones. The twenty foot planting strip requirement on Hickory. • Meridian City Council May 7, 1996 Page 20 Leader: I think we did point out to Shari that Hickory Street is a 60 foot right of way, it is= a 41 foot curb back to curb back which leaves public drive way of 91/2 feet between the back of curb and the property line. You put this 5 foot sidewalk at the curb that still leaves 41/2 feet of planting area with a 15 foot landscape lots you actually have a total of 191/2 feet of landscape area there still plus the sidewalk. To me again considering the acreage being the same as the highway and a 20 foot landscape strip is required I think that certainly the spirit of the concept 191/2 feet of landscaping is there. Questions there? Morrow: I don't have any questions for that. Leader: The pressurized irrigation system t talked to Gary Lee today, received a letter today from Nampa Meridian In-igation District indicating that they have no problems with the location of the, which would be the common comer of Wingate No. 1, Dove Meadows and Packard No. 1 has a pumping station location. In talking with Gary Lee he indicated that it appeared to be the, there didn't appear to be any reason not to use that location that is what they were proceeding on that is the location of the common pumping station. And again the indication was that it would be turned over to Nampa Meridian to be designed and built to their standards (inaudible). Corrie: Further questions Mr. Morrow? Morrow: Yes, when does this become operational? Leader: That I don't know yet, the system is still not designed. Again my feeling is that is a final plat for all three subdivisions a consideration that has be addressed and answered before you can do a final on any of them. Morrow: I think what the Council as asking and certainly my fellow councilman can correct me if I am wrong but I think that what we were asking is that if your subdivision is the first one to be built does the pressurized irrigation system begin with those homeowners immediately and if so, is there a commitment to that. It does impact how we at the City use our water or our deep well water resources and 1 think that the concept of the three subdivisions using one common source is a new approach that we have not experienced before. I think there again what we were asking as a Council was is that we have some sort of commitment to the concept and then also for you to say if you are going online with your subdivision first that pressurized irrigation system for your portion would be in place and that would be operational which would mean the pump station would have to be built. upfront. Leader: Again, certainly my assumption that the pumping station has to be built to service the first subdivision on line no matter which one comes on line first. As far as commitment C~ Meridian City Council May 7, 1996 Page 21 • we have signed contracts and committed to pay the dollars to design and build this with (inaudible). Beyond that at preliminary plat stage certainly we don't have any problem entering into an agreement and the design and staging of that is dependent upon how many lots are coming on line at a given time. Morrow: But so far we at the City or our staff have no Leader: You have nQ final designs on that. Morrow: Nor do we have anything in writing in terms of how this concept is working and a commitment by Leader: No and there again though my feeling is that it obviously has to be a condition of plat approval that there is an agreement in place and it is built, that it is on line that the service lots when they come on line. Normally you bond for those things and they have to be completed within a certain time period, that is the way at least I understand things. Morrow: I think that is all true but I think that what the Council is asking is for something at the preliminary plat and as part of the original presentation for you to put in writing other than verbally put in writing so that it can be part of the approved preliminary plat. If nothing else it gives us an opportunity what it is we are buying when we approve the preliminary plat. Leader: Again, I guess I don't have a problem with that other than it just seems like a more logical situation where you approve it and that is part of the approval and that is the condition of approval that there has to be pressurized irrigation. That is understanding we have to provide pressurized irrigation system, that is an absolute. If we are providing one jointly then that becomes our problem to work that out so that there is pressurized irrigation. Morrow: I have no more questions on that issue. Cowie: Any more questions of the Council? Thank you Leader: Was. there another item or two? Rountree: Just those three. Cowie: Council do you wish to have Mr. Brian or Gary Lee answer any questions? Rountree: I would like to here from both. • • Meridian City Council May 7, 1996 Page 22 Corrie: Mr. Brian, I guess your name was mentioned first. Rountree: Any comments about the irrigation situation? Brian: Yes, I think maybe I can clarify a lot of things whatlrements.~ thinkhhe hhas b ought feels that he is being unduly picked on for some of the requ them all on himself. The ditch in question, he is right on a m o ~ e a~ t my Water that that the water that is in the ditch that you are regwrmg hi is feeding me. My water that is feeding- me is like he said ate took care of that and buried on Wingate property. Mr. Wood who is developing W~n9 it. The ditch in question is the one that Mr. Leader rero rated ands for ther subdivis~onhthat 2 when he did phase 1. So when you did the first prel rY P ditch didn't appear on the plat because it wasn't there. It went around the east end of the property and out to Fairview or down through the middle som afeeae roblem nowf efAvest back to the site that he is developing. that. is why they P development and their development of Fred Meyer and thn Smore wate~and less flooding like I stated have taken care of my problems and I am gett g then I ever had before because of those two individualch before Any prolblemsrthat he responsible for flooding me out twice by rerouting that dit o inion. You are dealing with has now with burying that ditch he has created himself in my p a ditch that wasn't on the preliminary plat. I can't LQ d ewe a tal~lungtabout ncorporat rag regarding the ditch. At one time Mr. Wood and Mr. that ditch into one pipe. I don't know what became of rats a~coemrn tmen faom Mre. Leader but nothing has been done. Mr. Wood like yourself wa from my understanding of talking to Mr. Woods to do that. Mevelo odd the tower half wh ch of his subdivision ditch down t atethat ditch thates n quetstion. I hope that clarifies a few would be the part that mcorpo things. Rountree: With that water from two ditches into one, does that create a waste water problem for you? Brian: Not now because Avest took care of that, they put a new box in and they are rerouting a lot of it where I have control over whereo dse ~ think they have beenlt k rag problems have been taken care of by Avest and W rsonal o inion? care of Leader's problems for a couple of years too but that is my own pe P Corrie: Any further questions? Gary Lee? Lee: My name is Gary Lee with JUB Engineers,. it is trua so Ted Si rmont wl th Packard No. Leader and Mr. Dan Wood, Wingate Partnership and 9 • • Meridian City Council May 7, 1996 Page 23 1 and 2. They have entered into an engineering agreement to develop a set of design drawings for the pressurized irrigation system of those three developments. It is ongoing, we have got most of the pieces put together that we need to finalize the plans. We are doing that this week and next. So hopefully by the end of the week, next week we will have a final set of documents for submittal to the irrigation for review of final approval. We have met with the irrigation district on a number of occasions to discuss delivery problems and waste water problems and service areas and one thing and another and we have hit on all of those concems~and we have come to an agreement on how we are going to handle it. It is just a matter now of us getting our work done which we should have in a week to ten days. If you have any questions I would be glad to entertain those. Corrie: Councilman Morrow? Morrow: Mr. Lee I guess my question would be is that you said your work is progressing to the point that the three principles have agreed in terms of what the concept is. Is it unreasonable to ask for a commitment in writing to the concept from anyone of the three of those? Lee: Well I wouldn't think so, although the timing issue is obviously up for discussion but they have committed to us as a group. All three of them have signed separate contracts committing to the design work. Morrow: Thank you Corrie: Any further questions Council? Thank you Gary. Council, any discussion of the preliminary plat? Morrow: Mr. Mayor, from my perspective I still want to see those commitments in writing prior to my approving the preliminary plat. Certainly they can be conditions of approval but they are going to be conditions of approval in my mind even with the commitment in writing as part of the presentation for what it is we are getting along with that subdivision. So, that would be my feeling in terms of this matter, I would like to hear what they other guys feelings as to what it is they think we ought to do. Rountree: Well possibly would have the same impact that consider approval upon receipt of a letter of commitment. I don't know what Counselor says about that. Morrow: That would by my next question. Crookston: You can do it either way or you could approve it across the board, you could approve it i the two fashions which you have mentioned. • Meridian City Council May 7, 1996 Page 24 Morrow: Your thoughts concerning the 20 foot planting strip as opposed to 19 foot six. Rountree: Pretty close, I don't have a problem with that. Corrie: Mr. Tolsma, any comment? Tolsma: (Inaudible) something in writing because there seems to be three people involved in the pump station. As far as the irrigation pipe line (inaudible) get all the parties involved so that everybody knows the rules of the game and hopefully the same rules. Bentley: I don't have a problem with the 19'6" planting strip but I too feel that since we are involved with three parties here on one universal project that we need some commitment on it. Corrie: Any further discussion? Entertain a motion. Morrow: Mr. Mayor, I would move that we approve the preliminary plat for Dove Meadows N0.2 subdivision subject to receipt of letters of commitment to the pressurized irrigation system and to the common ditch system between Mr. Dan Woods and Wingate Subdivision and Mr. Leader of Dove Meadows. On the pressurized in-igation I would like to see the letter of commitment from both of those principles and Ted Sigmont of Packard Subdivision. Rountree: Second Corrie: Heard the motion by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED APRIL 16, 1996: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY ANGELA MILLER: Angela. Miller, 1285 Crestmont Drive, was swum by the City Attorney. Miller: I am requesting a conditional use permit for a child day care in my home for up to 12 children. Corrie: Where is this day care center? Miller: In my home. ~] MERIDIAN CITY COUNCIL MEETING: MAY 7.1996 APPLICANT: DAVE LEADER ITEM NUMBER; 4 REQUEST; PRELIMINARY PLAT FOR DOVE MEADOWS NO 2 SUBDMSION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS w bti°~~ ~ aP~ r~ a ,~ ~ ~~~1 L ~~!'~d'~~i~ Qi 4``h~~ a ' l~'1 OTHER: ~tl Materials presented at public meetings shall become property of the City of Meridian. • • Meridian City Council April 16, 1996 Page 13 ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR DOVE MEADOWS N0. 2 BY DAVE LEADER: Morrow: Mr. Mayor I would move that we adopt and approve the .findings of fact and conclusions. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, that we approve the findings of fact and conclusions of law for the variance request. for Dove Meadows No. 2 Subdivision, any further discussion? Roll Call vote ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Nay, Tolsma -Yea MOTION CARRIED: 3 Yea, 1 Nay Corrie: I will entertain a motion for the decision. Morrow: Mr. Mayor, I would move that it is decided that a variance from R-4 street frontage requirements of a 65 feet is hereby granted for Lots 3 and 4, Block 1, Phase 2 of Dove Meadows Subdivision. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma of the decision. Morrow: Let me repeat that for you please, that it is decided that the variance from the R-4 street frontage requirement of 65 feet is hereby granted for lots 3 and 4 of Block 3, Phase 2 of Dove Meadows Subdivision. Corrie: You have heard the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: 3 Yea, 1 Nay ITEM #7: PRELIMINARY PLAT FOR DOVE MEADOWS NO. 2 SUBDIVISION BY DAVE LEADER; TABLED APRIL 2, 1996: Corrie: Staff have any questions or discussion? Stiles: Mr. Mayor and Council, I think there are still a couple of items that we wanted to address. One was the designation of the lot for the sewer line on the western boundary. • Meridian City Council Apri 1 16, 1996 Page 15 understanding that we are working together with the developers of what will be Packard Subdivision and Wingate to build a common pressurized irrigation system that will service Dove Meadows, Wingate and Packard. I don't think final plans have been established yet as to the location of that pump site, at least our office has not reviewed those. But that was the word that we got was that they were looking at a common pump station. Morrow: Let me ask you this then, if it is a common pump station, what provisions are there made here or made within this proposal to protect the individual lot owners and guarantee service. Do we have any information as to how this is to be operated? Freckleton: Not at this time. I would assume that it is going to be a Nampa Meridian Irrigation System owned and maintained. Morrow: Next question is when does it come on line? Freckleton: Fair question, I don't know. Morrow: This issue is not is this concept although it may not be a (inaudible) but this is a new concept with respect to linking multiple subdivisions together for one system. Freckleton: Yes Morrow: And has the staff begun to develop any procedures at all for the necessary safeguards to be in place all the way from the engineering side to the user side? Freckleton: I don't know what Gary has done on this, I am not aware of any procedures that he has put into place. Morrow: Shari I have a question for you on your site specific comments and I think you talked about this earlier but on number 9, we talked about, although phase 1 of the development was approved with easements for landscaped areas 1 believe these areas should be .separate lots which are dedicated to the homeowners association for maintenance. That was a major problem in phase one both how the pressurized irrigation system was done also the completion of the landscaping and of course the maintenance. My question is really three fold, has this been done in such a manner with that common lot is the ownership of the homeowners association. Stiles: Councilman Morrow, Mayor and Council, I don't recall the covenants for this subdivision whether those have been approved yet or not and that would take care of the maintenance of them. My main concern was the configuration of how those lots are, we typically require a 20 foot planning strip, our ordinance requires a 20 foot planning strip. • Meridian City Council April 16, 1996 Page 16 • This is going to be carrying quite a bit of traffic, it is going to be a collector. So, I haven't seen any details on what they are going to do there, my main concern was the dog leg in the lot, do you have a copy of it in your (inaudible). Something could be remedied easily but it would mean reducing the frontage of the lots in the remainder of that block. Because if they had a 20 foot planting strip on that lot it would not meet the frontage requirements. Morrow: So then the second part of the question is that we have talked, because the CC&R's are not here we are not sure what the maintenance agreements are, is that correct. Stiles: I don't remember having them on the agenda, I don't know if Council could Morrow: Okay, and then on this plat, it is common lot owned by the homeowners association as opposed to easements is that correct? Stiles: Yes, there would be a note on the plat indicating that was the case. Morrow: The third part of my question is have the issues that were raised in phase 1 by both the homeowners and the City Council been addressed? Stiles: I have not been in contact with the homeowners but I don't believe the irrigation problem or the landscaping is entirely settled. as well as the ditch problem. Morrow: And the ditch problem you are referring to is that the one that affects Mr. Bryan's property? Stiles: I believe so yes. Morrow: Thank you, Mr. Mayor I noticed that the applicant and his representative are here, I know it is a little unusual, can we have them address these issues. Obviously staff is not familiar with any solutions to the problems. This has been a matter that has been on the tabled since January, I would like to hear if there is a resolution to these issues that were raised. Corrie: Dave, would you be able to come up here and answer some of those questions? Hutchinson: Thank you Mr. Mayor and members of the Council I am Ted Hutchinson, Tealy's Land Surveying. To go to the issues that were raised in the first subdivision Dove Meadows No. 1 regarding the irrigation for the landscape easement which was done as an easement in phase 1. Lot 1 in Block 4 right hereon the corner is the only lot left to be Meridian City Council April 16, 1996 Page 17 • built on in that segment of the landscape strip. There hasn't been a building permit issued . for that lot and because there is no building permit there is no way that Mr. Leader can get access to water to continue that irrigation system. As noted in the previous public hearings the owner of that lot has reassured IUlr. Leader that he would be forthcoming with obtaining the building permit so that issue could be resolved so that this would complete the irrigation system along the landscape area of Hickory way at that point. It is just simply waiting for that building permit so that they can get the water connection. Again they can't get that without a building permit. Morrow: Why? Hutchinson: Your department will not issue the permit. Morrow: They will not issue the building permit, has a building permit been applied for? Hutchinson: No the owner has not applied for a building permit and that is (inaudible) they won't issue a water permit without having a building permit. Morrow: I am sorry you will have to go slower here. How does the building permit impact hooking up the water for the. Hutchinson: In order for Mr. Leader to get the water there, Morrow: Are you talking about City water? Hutchinson: City water, which I believe this was developed with the City water for the irrigation it was not included in the pressurized irrigation system of Dove Meadows 1 was done prior to Morrow: So he paid the well development fee? Hutchinson: He paid the well development also yes. In order to complete the lines through there the building permit has to be issued on those lots. The owner of the lot has not applied for a building permit. Even though Mr. Leader has been after him for quite some time to take some action here so he can complete that. He can't act without the building permit being issued. Morrow: Would those lines be in an easement, these are crossing a lot that has a house going to be built on it? Hutchinson: There will be a house built on it. • • Meridian City Council April 16, 1996 Page 18 Morrow: And the lines are continuous through the lot and they are in an easement area. Hutchinson: I think Mr. Leader could best specifically address the problem he has run into on that but it has been because there has -not been a building permit issued and because of that they won't issue any permits on that for irrigation line. Regarding the lot which has the sewer easement on this end that has been an issue about whether or not the sewer easement should actually be on a separate lot.. Lot 23 in this is a common area lot it is a drainage lot, open space lot it is anon-buildable lot. It really serves no purpose to have two non-buildable lots adjacent to each other when we can accomplish the same thing by having it as a sewer easement. I did talk to Gary Smith on this when this issue came up and he agreed to a note on the plat because he was real concerned about making sure there were no structures, play structures or anything of that nature built in the easement. He agreed with the note on the plat which is held up until we can get the approval on the preliminary plat, that no structures allowed on Lot 23, Block 2, no trees or shrubs may be planted within the 25 foot sanitary easement. Gary agreed to that language, that language is going to be specifically stated on the final plat. In fact we have submitted the final plat application it has been held up waiting your approval of the preliminary plat. So that I think we have adequately addressed that issue, I don't think vine really need to put another tot in there because it is anon-buildable lot anyway. It would be a little redundant. Regarding the lots that we provided as requested by the City of Meridian we really don't see any purpose would be served by increasing these by five feet. Granted North Hickory is a collector but it is only a collector until it reaches the next intersection which is just to the north and it will be in Packard Subdivision from then3 (inaudible) it narrows down to local standard streets so that it is only a collector from that intersection out. We realty see no purpose would be served by increasing those lots by 5 feet. They are common area lots, they are not buildable lots and a not on the plat, on the final plat states that except those lots designated as open areas all lots are for single family dwelling units. The open area lots were not buildable. Again we have discussed the note language with Gary and I believe that we .have adequately addressed those issues. Regarding the irrigation system that is being developed among the 3 subdivisions that are being proposed, JUB is working on that development. Mr. Leader, Mr. Woods and Packard development are working closely so that will become readily available and be administered by the irrigation company in accordance with their operation standards so tit there will be adequate water for those (inaudible). Are there any other questions that I might be able to answer? Morrow: Questions with respect to this irrigation system, obviously we have not done one of those before what is the procedure to get, let's assume fhis is developed first, what gets these folks water first? Hutchinson: Mr. Mayor and Council members, Mr. Morrow, the details are being worked out like I said by JUB engineering and there is I believe tt~y have a system that is pretty • Meridian .City Council April 16, 1996 Page 19 well in place, again I think Mr. Leader has been first hand in those conversations and part of the negotiations and I will actually defer to him to answer that particular question. Morrow: My second question is with respect to the 15 foot common lot as opposed to the 20 foot, I believe Ms. Stiles stated that is an ordinance requirement and so in order for that to be less than the 20 feet you have to apply for a variance from that ordinance. Hutchinson: I was unable to find that requirement for the 20 feet, is there a citation that I can have on that. ~ . Stiles: Mr. Mayor and Council the planting strip requirement is in the ordinance, I believe it refers to highways but we have been requiring it on anything above a collector, collector status and above, local streets of course not but because of the high traffic volumes I do believe with a 40 acre subdivision to the north with no access to anywhere else yet there is going to be a significant amount of traffic. Hutchinson: We disagree with the assessment on the amount of traffic that is going to be coming through there. After all it is like you say only a collector street until it gets to that next comer. We don't believe that it the ordinance specifically requires it we believe that it will be adequately addressed by what we have proposed. Morrow: I guess that is something we will have to determine. Hutchinson: Yes Morrow: Thank you. Corrie: Mr. Morrow, did you want Mr. Leader to answer any questions? Morrow: Please, my question is specific in terms of two fold, your explanation of why we are not seeing the continuation with the landscaping and with respect to the building permit. How does that impact (inaudible). Leader: Okay, you see when we designed this and where we got the hang ups to start with is we were under the impression we could pull and I guess at one time you could pull a meter permit without a building permit on a lot. But when we built the subdivision they said you can't do that anymore you have to have a building permit on a building lot to get a meter permit. So because those were easements, because the meter service was for the sprinkler system was to be tied into the owners own system we had no way of supplying water to the landscaping. So we still have the one lot there, Nickie Sigmont is the builder. I have had a couple calls back and forth, she has assured me that she was almost ready Meridian City Council April 16, 1996 Page 20 to submit plans but as of today I still haven't seen plans. I have contacted my sprinkler guy to get the layouts done for the sprinkler systems but we don't want to put them in until they at least get their foundation back filled so they don't get torn back out. But as soon as that happens we will finish up that landscaping. I think there was some comment (inaudible) and I said I have no problem with that, it had to be completed by June or something, I don't know what the date was. Obviously we are fighting weeds already, we want to get it done and we have a maintenance contract and that is part of it to maintain that area. We want to get it sodded so they can maintain it. Morrow: So there is a bigger issue here than just the lines in terms of permit and how the issue is also partially the foundation for the house? Leader: No, they have to have a building permit for us to be able to hook up the sprinkler system on that one lot that is not built on. We want them to get their foundation in so we can finish because that berm is part of that lot. If we try to sod all of that and they come in and drive all over it, it is going to have to be done over again. If at least they can get the foundation in and back fill why then we can finish the landscaping on that lot. Morrow: The next part of my question is with respect to the three subdivisions and the common irrigation system can you explain what is going on there? Leader: We have been talking to Nampa Meridian, the intent is to have a system that Nampa Meridian will take over and operate, bill all the homeowners themselves for the irrigation water rather than the association trying to take care of it. Quite honestly I am not sure but I was under the impression that John Ewing and Kevin Howell and I am not sure but I understood there was some overlapping there in the system that is over in Hunter Pointe and John Ewing and Kevin Howell and another builder that had sons' ground in there but I could be wrong, but I was under the impression that had been done before. But again my assumption was is you would require bonding from all of us, it is our responsibility to get it built and functional for each of the subdivisions as they come along. Obviously the part of the design is staging the pumps so the additional pumps come on as the additional phases of Packard Subdivision come on also. Morrow: So the system is supposed to be designed so that no matter who starts building as soon as those homeowners buy their homes they have access to the irrigation water, is that correct? Leader: Absolutely, the idea is to build the system so that it is there when you have (inaudible) irrigation system you can use. Morrow: One question back on my former question with the lot that needs the building s • Meridian City Council April 16, 1996 Page 21 permit. Is all of the rest of the landscaping, pressurized irrigation lines in so that all the rest of the landscaping can be done except for this one lot? Leader: Again there was no pressurized irrigation except in block 1 there, yes, that is in and functioning. Morrow: Okay, so the landscaping then is complete with the exception of this one lot? Leader. No, I am song, there are three lots there on the west side of the street, the one the people just moved in. I contacted her last week and we got things worked out. My sprinkler guy wants to do all three, we want to sod all three at the same time. But if she is not going to get the permit right away I mean we will do the other two because it costs more to pipe the weeds than it does the sending back to the last lot. Morrow: I have no further questions Mr. Mayor. Corrie: Any further questions of the Council? Rountree: I have a question about the irrigation water, what is the deal that has been struck there? Leader: I am not sure that I Rountree: Running the irrigation across the property? Leader: Do you mean between Dan Wood and myself? Basically I am paying 60% and he is paying 40% for the portion that is on our common property line and I am paying for the rest of it. Rountree: When would that work be started? Leader: Well we were hoping to get it started by now but being as we didn't get the plat approved Saturday I had them plow the ditch and plow in a new ditch over to allow us room to get in and work as soon as we could. So we haven't coordinated, there was a question on a box there too that we are still trying to make sure that it is acceptable and workable for everyone. But plans have been drawn and they have been approved but like I say there is one box that has a little bit of a question mark so as far as the time table on building that we had really expected to do that before the irrigation season because it was upon us and there were still questions on how far it was out for anyone to start why we haven't built it yet. • • Meridian City Council April 16, 1996 Page 22 Rountree: What entities would approve that design? Leader: We met with Gary Smith and Bruce Freckleton on the design of it. They had met on the design down stream on Avest's property earlier than that. Again all this does tie into that system that is built down stream now. Morrow: Everything has been coordinated with-Avest (inaudible) proper flow capacity, it has all been engineered (inaudible). Leader: That is correct. Corrie: Any further questions for Mr. Leader? Thank you Mr. Leader. Morrow: Mr. Mayor, I have a question for Bruce, is it clear now to you what the issue is with the building permit as it relates to the easement for the landscaping for this particular lot? Freckleton: Mr. Mayor, Councilman Morrow, I am going to do some checking tomorrow to find out if there was a separate service installed for that landscaping or whether they are going to be coming off of that building service. Off the top of my head 1 don't remember how that particular lot was set up if that service was specifically put in for that landscaping or whether it is not. So I will check into that tomorrow. Morrow: How about the other two, would that same research answer both questions? Freckleton: Correct Corrie: Any further questions from Council? Morrow: Mr. Mayor I have a question for the counselor. With respect to this common, need for you to give me some input in terms of the common irrigation system and how we would handle that. Obviously on the preliminary plat is the appropriate place to make whatever conditions we need for that but having no experience in that how do we handle this? Crookston: It is certainly best to handle it at the time the preliminary plat is approved. It certainly does raise some questions because we have not had this type of system before. It could make it a condition of approving the preliminary plat that your questions be answered and that the irrigation system is put into place. Morrow: A follow up question, the issue with, how do you interpret the ordinance where • Meridian City Council April 16, 1996 Page 23 the 15 or 20 feet as opposed to highway or collector? Crookston: I wrote down a comment to myself basically. Highway is generally, I would have to look at our ordinance but a highway is just another name for a street and vice versa. Highway to people these days and generally meaning means something that you travel 55 miles an hour on, but I believe in the definitions a highway is also a street. Morrow: Do we define in our ordinance by way of arterial collector and residential collector. Crookston: I haven't looked at that issue. Morrow: So your advice would be? Crookston: Well, my advice would be to let me take a look at if we have a definition as to whether or not our definition sufficiently. defines it and whether or not that 20 foot landscape strip relates to a "highway". Because a highway like I said is generally just another name for street or roadway unless we have a definition in our ordinance that says a highway is just as many people think it is today like Highway 55. Come: Counselor, then you are saying the Council can either or in this case they can put the fight to put more or leave like it is on their preliminary plat without that. Crookston: What I am saying is I will take a look at it. Morrow: Mr. Mayor, I would like to get the other guys thoughts here. I would like us, this is a point of discussion, I would like to see us address the issue that Bruce is going to review in terms of the permit issue. Also, I would like to see some more information for the common sprinkler system and how it works and what the pros and cons of it may be. I would like this issue with respect to the 15 or 20 feet resolved because it seems to me like at a preliminary plat point if the resolution is going to be 20 feet that means that there is some reptatting of the lots involved. So as a point of discussion it seems to me like it would be premature to pass the preliminary plat tonight. Rountree: I would like to add one more thing to your list and that would be is that we nail down what is going to happen with irrigation systems and get concurrence from the water user the primary water user that what is being done is adequate. I don't think he left this evening knowing any more than he already did. Mon'ow: And you are talking about the line on the common of Dove Meadows (inaudible) • • Meridian-City Council April 16, 1996 Page 24 Rountree: And Wingate. Corrie: Hearing that are you ready to make a motion for tabling then? Morrow: Mr. Mayor I would move we table until our first meeting in May, which I believe is the 7th. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the preliminary plat for Dove Meadows No. 2 is tabled until the May 7 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: ORDINANCE #729 -SMITH'S FOOD AND DRUG CENTER REZONE/C-N: Corrie: 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 A PARCEL OF LAND LYING IN A PORTION OF THE SE 1/4 OF SECTION 2, T.3N, R.1 W, B.M., ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #729 read in its entirety? Seeing none I will entertain a motion from the Council. Rountree: Mr. Mayor, I move that we approve Ordinance #729 with the suspension of rules. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow that Ordinance #729 be adopted with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Nay, Rountree -Yea, Tolsma -Yea MOTION CARRIED: 3 Yea, 1 Nay ITEM #9: ORDINANCE #730 -WATER METER FEES: Come: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 5-131 OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN. RE- ENACTING SAID SECTION 5-131 OF THE REVISED AND COMPILED ORDINANCES OF •. Meridian City Council April 2, 1996 Page 13 Morrow: Mr. Mayor, I would move that we instruct the City Attomey to prepare new findings . of fact and conclusions. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that new findings of fact and' conclusions of law be drawn up by the City Attorney, any further discussion? All those in favor of the motion? Opposed? MOTION CARRIED: All Yea ITEM #3: PRELIMINARY PLAT FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE LEADER; TABLED MARCH 5, 1996: Corrie: So we can table that one until the new findings of fact and conclusions of law Tolsma: So moved Bentley: Second Corrie: Moved by Mr. Tolsma, second by Mr. Bentley that we table the plat for Dove Meadows No. 2 Subdivision until the next meeting which will be April (End of Tape) ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR ASHFORD GREENS SUBDIVISION BY BRIGHTON CORPORATION: Corrie: Council 1 believe, Counselor is this the one we were discussing? Okay, you have the findings of fact and conclusions for the variance request which is a variance for a variance. Morrow: Correction on page 6, item 8, it is a typo that says John Turnbull it should say David. I have a question on page 13, item 12, we had talked about the information coming from Nampa Meridian apparently it hasn't come, is that correct Gary? The Nampa Meridian new design for cover ditches with gravel and fencing, we don't have any confirmation from Nampa Meridian on any of that information is that correct? Smith: I haven't seen anything. Morrow: Essentially what these findings of fact do is that they decide not to decide due to the lack of information. Meridian City Council March 5, 1996 Page 10 met, question? (Inaudible) Morrow: Yes Mr. Tolsma. • Corrie: Okay, we want to include Nampa Meridian Irrigation into that same motion, any further discussion? Hearing none, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING CONTINUED FROM FEBRUARY 20, 1996: PRELIMINARY PLAT FOR DOVE MEADOWS NO.2 SUBDIVISION BY DAVE LEADER: Corrie: Is Mr. Leader here tonight, you are his representative? Ted Hutchinson, 109 S. 4th Street, Boise, was sworn by the City Attorney. Hutchinson: Mr. Mayor, members of the Council, this was tabled at the February 20th meeting, the Council had raised some questions with regard to some of the issues and Ms. Stiles review of the plat. We have responded to those and have re-drawn the plat specifically some of the changes we made were regarding the landscape strips that are along Hickory Way. Instead of having those easements those now have been changed into lots, numbered lots within the subdivision. They will be maintained by the homeowners association. The (inaudible) again the items from Dove Meadows No. 1 those will be taken care of as required under the conditions of approval for Dove Meadows No. 1. Note number 3 has been changed to indicate those lots which are non-buildable lots those are open space drainage lots or landscape lots those have been indicated in that note. The sanitary sewer easement is, all of that is contained within the open space lot and I can't remember on that change, Shari did we change that to a separate lot? It is on an open space common lot right now and the residential building lot that is adjacent to it is not affected by the easement. It is all contained within an open space lot or a drainage lot. If the City desires we can replace that within a separate lot but it is already in an open space lot and it not buildable or subject to any building permit. So again if the City wants that as a separate lot we can certainly do that. (Inaudible) The applicant will submit a landscape plan before signatures on the final plat. We would like to get some clarification on the perimeter fencing it seems that along the north we have residential development (inaudible) we think that the fencing would be appropriate where there is a conflict of uses rather than against residential uses. I believe that Ms. Stiles also asked that we fence along Dixie Lane ultimately 1 believe that is supposed to be a walking path and it seems that would create a corridor where nothing can be seen if that is fenced (inaudible) leave • Meridian City Council March 5, 1996 Page 11 that up the homeowners if they wanted to fence their rear property line. That would certainly be up to them. The covenants were submitted prior to the Council's previous meeting, I believe those should be on file. All lots have to have 65 feet of frontage unless on a culdesac and have a minimum square footage of 6500 square feet. All of the lots with the exception of two meet those and we have submitted a variance application for those two, those two lots are on the outside of a curve and it is a little difficult to make those lots meet those size requirements. The two lots are lots 3 and 4 of Block 3. They are oversized lots the only problem is we can't quite meet the frontage requirement because of the way the curve in the road bends and affects those lots. Lot 3 is 8594 square feet, Lot 4 is 9,062 square feet. Again that application has been scheduled for public hearing before the Council on the 19th of this month. Again 1 believe I have addressed the landscape areas on Hickory Way those are now lots, there was a question about the westerly 10 feet which is Dixie Lane whether or not it is actually owned by Mr. Leader. Mr. Leader is of the opinion that yes he does own that and we are including it as part of the plat. We would note that when we get to the County Engineer if it is not part of the plat or not part of Mr. Leader's property we would rather be charged with taking it out at that time rather than waiting to the end and the County Engineer saying no that is your ground and it has to be included in the plat. We believe that issue can be resolved so that we get the final plat to the County Engineer. Note No. 4 has been changed to indicate that those lots are 1301 square feet. Again we have responded to Ms. Stiles comments in writing. Are there any questions that the Council has? Mr. Mayor, Councilman Rountree, this will have pressurized irrigation to be developed for Dove Meadows N0. 1. There is a question about retro-fitting some of the adjacent lots to Dove Meadows No. 2, between the border of No. 1 and 2. I believe Mr. Leader will be able to comment, there are some questions on that that we need to get resolved as far as any retrofit for some of those lots in that particular area. The irrigation water right is being developed for this phase of Dove Meadows. (Inaudible) Hutchinson: Down stream water users? The ditch is in the area, Avest has tiled ditches or is in the process of tiling ditches that they are responsible for. Mr. Leader has tiled the south ditch, they have dug the north ditch deeper to help accommodate the water that float through that area. We need to make sure those down stream water users particularly Mr. Brian are satisfied that the problems that have arisen in the past are (inaudible) we are working toward that. Tolsma: The landscaping in Dove Meadows (inaudible) will be done this year? Hutchinson: Mr. Mayor, Councilman Tolsma, Mr. Leader indicates that yes it will be done this year. • Meridian City Council March 5, 1996 Page 12 Tolsma: (Inaudible) Hutchinson: Mr. Leader has been working on it and I think he ran into an irrigation problem for crossing some of that area. He is working out that particular problem (inaudible). Corrie: Anything further Mr. Tolsma? Tolsma: Well (inaudible) you alluded to the fact that you did not want to fence along Dixie Lane. Hutchinson: Mr. Mayor, Councilman Tolsma, I believe the ordinance requires that you fence against incompatible uses. In this case I believe that would be any commercial uses that are there. We don't want to fence along the property that is adjacent to the Church there is an open space area and the agreement was that would not be fenced because it does open up onto that large area behind the church. You have residential development along the north and that is a like use. It is not incompatible to have residential abutting residential. Avest I believe is putting up fence on their portion of the property they are fencing against, they are basically the non-compatible use with residential that is already developed in the area. Regarding that fence along Dixie Lane we fence along Dixie than you are going to create a corridor in there that you can't see what is going on back in there. There is one user for Dixie Lane and that is the out parcel that is up in the NW corner of Dove Meadows No. 2. I believe it not even annexed to the City at this time. It is Rural Transition but that is the user the only user of Dixie Lane. Ultimately if other roadway accesses are provided to that user than (inaudible) into a walking path and we would like to keep that open for safety purposes. Again if the homeowner wants to fence it that would be their choice but we prefer to leave it open. Tolsma: (Inaudible) Hutchinson: I can certainly check with the developer and see if he wilt put up a construction fence to prevent that sort of trash. Morrow: I have a couple questions part of the public hearing at our last meeting there was a discussion with respect to the access to the sprinkler pressurized irrigation system was on the church .property. And there were no provisions in place for the homeowners association to access that property to service the pressurized irrigation things. Has that problem been resolved? Hutchinson: Mr. Mayor, Mr. Morrow, I believe Mr. Leader can address those particular issues that were raised on that portion of the irrigation. Meridian City Council March 5, 1996 Page 13 • Morrow: My next question was you referenced an agreement in terms of the church. and the fencing issue. The agreement between who? Hutchinson: I believe it is Mr. Leader and the church. They would like to take advantage of that open area without having additional restrictions, site restriction on the fence along that area. That is (inaudible) Morrow: My next question is referencing Dixie Lane, if that is not going to be fenced it appears to me that in the short term if it is going to be a road access to serve a parcel how do you proposed to keep that area clean and not impact the properties within you subdivision? Hutchinson: The portion of Dixie Lane that is outside the lots there would be part of the common open space lot. Which is to be maintained by the homeowners association so they would be responsible for maintaining that particular area. They would be required to keep the weeds down, keep (inaudible) to keep it in good shape. That is an open space common area lot that is the responsibility of the homeowners association. Morrow: If it is not fenced do you foresee landscaping it or providing the landscaping there because ultimately it is a pathway, a pathway needs to be landscaped and look better than a (inaudible). Hutchinson: I think that would be something we need to address as far as the City is concerned to see if there is something that can be worked out that would satisfy the City regarding the (inaudible). Corrie: Further comments or questions from the Council? Anyone else from the public, Mr. Leader? David Leader, 110 Parkway, Boise, was sworn by the City Attorney. Leader: Making a couple of comments on the questions that Walt asked in regards to the access to the church's, I am not quite certain .but part of the common area from Dove Meadows No. 1 is sprinkled by a pressurized irrigation system that belongs to the Church. To answer your question, the homeowners association will not have access to the pumping station it is (inaudible) so it is timed, but I have hired community management to handle the homeowners association and part of our agreement is that we will get these agreements hammered out and written in writing between the Church and the homeowners association. So everybody knows what is required of them and the cost of the irrigation and everything. That is being taken care of and the landscaping from the phase 1 we are still waiting on the builder to pull the building permit on that last vacant lot which again • • Meridian City Council March 5, 1996 Page 14 they have assured me that they are ready to start. As soon as that is done we plan to have all of that landscaping done early this Spring. The question on the fencing, there is one acre parcel along our northwest boundary and we do plan to fence that off that is not an R-8 zone there. Our intent is to fence that section and there is a section I think on our southern boundary that backs up to Shoshoni. I thought when that was rezoned commercial that they were required to do fencing and buffering but if they weren't then we will. Again, on Dixie Lane I think it would be a mistake to fence that off, particularly it is part of our common area, we will address the maintenance of anything outside the pavement there and our landscape plan when we submit it for all the common areas. The question that came up on the northem ditch there, we did meet with public works department and got approval to go ahead and build that northern pipeline and we plan to do that in the next 30 days. (End of Tape) The one question that came up that we need an answer from the Council on is regarding the to complete our plans on the pressurized irrigation system and that is regarding retrofitting existing lots from phase 1. Our original plan was to retrofit any adjacent lots to phase 2 with pressurized irrigation and my, when I was originally asked the question on this was told that if we provided a pressurized irrigation to those lots we would be reimbursed the development fee or the well development fee that was paid on those lots at the time we had functional pressurized irrigation system. In talking to Gary Smith he said actually that was, he couldn't answer that question that the Council had to answer that question and I need a yes or a no if that is the case John Barnes told me that was the case but if something has changed I need to know because we don't want to include those lots in our system and size our system for those if we are not getting back the fees we paid on those lots. Corrie: Any questions of Mr. Leader? Morrow: I have 2 questions. Comment with respect to well development fees, it has historically been that the Council has approved an application for refund of those well development fees upon successful completion of the sprinkler system within the lots being asked for refund. Although that is no guarantee that is going to happen again the application must be made by you to the Council for the refund of those fees. The second question was with respect to phase one, you indicated there has to be a building permit or a building take place before the landscape can go forward. Leader: As you recall, I think I mentioned, there isn't' common area, all the common area is owned by the homeowners association has been landscaped. But the easement areas we could not where we didn't have pressurized irrigation we had to have a building permit to get a water meter permit. Which wasn't the case when Dove Meadows was started but it was the case by the time we got ready to pull meters to landscape those areas. There is one lot that hasn't pulled a building permit that has a landscape easement on it. There are three lots that aren't landscaped including that one. As soon as they get fheirs why we • Meridian City Council March 5, 1996 Page 15 • want to get and landscape and put the sprinkler systems in and get them all three landscaped at one time. Morrow: One final question, I think in our last meeting part of the testimony was the irrigation line on the north side, you indicate it is or is not on your property? Leader: The irrigation line presently there is an irrigation that services Brian that is not on my property. There is a drainage line, a rerouted drainage irrigation ditch that is on my property. The plans that have been approved that we plan to build is to combine that, those two ditches into one eighteen inch pipe. It will deliver water exactly to the spot that is already built the box that will, that Mr. Brian will receive his irrigation water from. Morrow: Who's property will that ditch be on? Leader: That will be on Dove Meadows No. 2. Morrow: What provisions are made for, this pipe line will have clean out boxes every so often? Leader: That is correct. Morrow: What provisions have been made for the maintenance of those? Leader: I assume whatever the normal maintenance of clean out boxes is. There is one box that is not adjacent to the street that was put into service. The one acre parcel, I am sorry I don't know the name of that parry, where they get their water and it also is adjacent to a drainage lot of Wingate so we have indicated we either we (inaudible) so there was access to it by the neighbor that needs to pull his water out of there and it also could be accessed from that drainage lot I believe. Morrow: Let me ask you this, is the ownership of that particular ditch with Nampa Meridian Irrigation District or is it outside the lateral system? Leader: It is outside the lateral system is my understanding. Morrow: to the City of Meridian those ditches that are not owned by either Settlers Irrigation District or Nampa Meridian Irrigation District it is up to the individual property owners to maintain all ditches as they cross their property. So in this case you would need to make a provision for the property owners where those clean out boxes are to keep those things cleaned and maintained and that would need to be done in my mind either through the covenants so the buyers are aware of that ordinance being there or as part Meridian City Council March 5, 1996 Page 16 C~ of the sales package when those folks buy those particular projects. Leader: If you have any particular language there that has been used or prefer to be used we are more than happy to incorporate it in our covenants. We don't' have anything presently in there to that effect. Morrow: That is a City Ordinance that you. and future owners need to be aware about because in fairness to down stream users it is not up to them to police everybody else's property all the way back to the source of the lateral. So the City of Meridian (inaudible) several years ago. I have no further questions. Corrie: Council members any further questions? Thank you Mr. Leader, any further testimony from the public? Hearing none I will close the public hearing. Council? Rountree: I have a question for Shari Stiles Mr. Mayor, do you have any further comments to add to the (inaudible) preliminary plat. Also did we get a copy of the redraft of the preliminary plat? Stiles: Yes, we received them tonight. Rountree: So we haven't seen them. Stiles: No you have not. I guess one item I would like to bring up, I still have a question about Dixie Lane that would be required to be fenced. My Ada County information indicates that Avest is the owner of that property and there is also a 20 foot Idaho Power easement all along Dixie Lane and another item is until that property owner of the Acre or the person living there chooses to give up their right to that Dixie Lane as an access it needs to remain open and the perimeter fencing is required wherever there is open land. The idea is to contain those areas and I don't believe using that as a common area is appropriate particularly since the Avest their development agreement requires them to have a pedestrian walkway through there. Part of the reason for that is because Oakhurst did not come through from Mirage Meadows and there has to be some kind of access maintained there and it is not a usable area by homeowners. Rountree: Do you see that there are changes needed in the preliminary plat and the notes on the plat in order to remedy some of these problems. Stiles: Councilman Rountree, I would feel more comfortable if there were. Morrow: Mr. Mayor I guess I would follow up Mr. Rountree and ask the same question of Oary Smith with respect to your comments and the preliminary plat, your staff comments. • • Meridian City Council March 5, 1996 Page 17 Smith: Councilman Morrow they have addressed our comments in writing, they did some time ago, I don't have a date on it. But I don't think we had any problem with their comments or their response to our comments. Morrow: So they have responded to those requirements in writing based on your letter or staff letter of January 4, the one that is in our packet? Smith: Yes, I don't have a particular problem with that sanitary sewer being in an easement in that open space drainage lot as long as that lot is noted on the final plat as anon-buildable lot. I might also mention in regards to the pressurized irrigation for this subdivision there is an attempt being made between this developer and the developer of Wingate Subdivision and Packard Subdivision to joint venture a pump station. We had a meeting with the developer of the subdivision last week and it doesn't sound like Packard Subdivision with their other problems have given a lot of time to this joint venture but if they aren't a participant this developer and Dan Wood ftom the Wingate Place Subdivision who met with us also agreed that they would put. in a combined pump station for their two subdivisions. In accordance with Nampa Meridian's standards so that it would be a Nampa Meridian owned and maintained system they would utilize the surface water to the extent that they can in rotation with Don Brian and in the off season, off irrigation ditch irrigation water season they would have a single point connection to the City system to supplement that water. The amount of silt that comes down the ditch and the amount of water is going to take some management there is no doubt about that. I was told that Gary Lee from JUB Engineers is going to be the designer of that pump station and I have confidence in his abilities to do that. He has designed one for the Turtle Creek Tully Park area, it hasn't been built yet but he has got some experience in other pump station areas. I think he also designed the Elk Run Subdivision pump station. Morrow: I have one question for you, you talked about the designation on the plat of non- buildable lot for that easement. What would be your preference as opposed to an easement with that designation? Smith: Common lot, 20 foot wide common lot. I don't know what the details of the open space drainage lot are, I don't know whether that is a pond or what it is but I don't want to fight somebody to have access to a sewer tine especially one that is draining an entire subdivision and that is what this one will be doing. So, we need clear and definite access to the sewer tine. One good point is it is a relatively short length of line, it has a manhole on each end of it so we have good access to the line. I wouldn't expect that we will have any problems but about that time you do. So if we had to dig up a line and it is somewhat deep we need to be sure that we have access. Morrow: My follow up question would be why is it not being done as a common lot? Meridian City Council March 5, 1996 Page 18 • Smith: They have shown it as an easement , I understood Mr. Hutchinson to say that they didn't' have a problem showing it has a common lot if that is what we wanted. But, as far as I am concerned if it is designated as anon-buildable lot on the final plat and we have some plans that show what his lot is going to be which will be part of the development plans then we can address it at that time I expect. Whether it is going to be because the final plat will come back to the Council for approval and it can be addressed for sure at that time whether it will be a common lot or.an .easement in the drainage lot. Morrow: Well given some of the recent problems we have had I guess my preference would be is that it is a common lot because we have just been through a situation with the lift station maintenance thing that although was suppose to be perfectly clear ended up not being very perfectly clear apparently. Smith: I don't think the developer has a problem with the common lot designation there. Corrie: Any further comments from staff? (Inaudible) ready for any motions? Morrow: Mr. Mayor, in talking with Counselor, he indicates that the proper procedure would be to the variance application heard and acted on before the approval of the preliminary plat. And so it would seem to me that being the case I believe that the variance application is scheduled for our meeting on the 19th, it appears to me that it is to our benefit to table this pending that variance application hearing. My question would be is that what type of time frame would it take that variance to process if approved. The point being is what is set up to when it needs to be tabled to. Crookston: It would be approximately a month from now, the hearing is on the 19th and the first meeting in April would be the findings on that variance. (Inaudible) Corrie: You could do both the preliminary plat and the variance, findings of fact on the 2nd of April. Morrow: Mr. Mayor, I would move that we table the application for the preliminary plat for Dove Meadows No. 2 Subdivision until April 2, 1996. Rountree: Second Corrie: Motion is made by Mr. Morrow, second by Mr. Rountree that the preliminary plat be tabled until April 2, any further discussion? All those in favor say aye? Opposed? Meridian City Council March 5, 1996 Page 19 MOTION CARRIED: All Yea Morrow: Mr. Mayor, might I suggest to Shari that she get some of the issues that she is concerned about resolved between now and chat April 2 meeting. ITEM #8: CHERRY LANE VILLAGE HOMEOWNERS ASSOCIATION CONCERNS ABOUT PIECE OF LAND ON THE NORTH SIDE OF CHERRY LANE: Corrie: I guess this is not a public hearing but I think we need to have some comments from the people in Cherry Lane Village. I guess Vern, your letter is the one that precipitated this so why don't you, would you like to address the Council first? For the record this is Vernon Croft, the President of Cherry Lane Village No. 3, 4 and 5. Croft: We in 3, 4 and 5 have been asked by a number of the homeowners in our phase what can be done about this area. Our. board took up the situation on two separate occasions and we came to the conclusion to send the Mayor and Council a letter. It is our position and our intent to work with this board. and the City and try and resolve the situation so that area along Cherry Lane care be enhanced to some degree that is beneficial to all of those homes not only in Cherry Lane but also across the street in the other developments over there. It is also an enhancing factor for the City to see that something is done because it is your primary entrance to your golf course. We understand that the homeowners along Sugar Creek that back up to Cherry Lane own that real property out to within 2 to 3 feet of the sidewagc We also understand that Nampa Meridian has an easement through there where their underground ditches. Right now the Ada County weed control policy will not maintain that in a viable situation where it is compatible to the overall aesthetics to the City. I feel and so does our board feel that if we continue to let this degrade then we are asking for a slap in the face for everyone that goes down Cherry Lane. That is becoming a major thoroughfare in and out of the City. So it is public interest for everyone in the City and everyone. that owns property in the City to see that something is done. We are here to work with you. We would prefer to see some sort of an LID if it could be arranged to put water on it and stagger a line of trees though there with the homeowners getting easement rights to that through their association and then collecting dues in phase one and two to maintain those grounds. We understand that the association of phase one and two is a defunct association. That is really a sad situation because there is a lot of real property out there that people have a lot of investments in. It is to everybody's interest to get this thing back on line and get that association on line. We in phase 3, 4 and 5 would be willing to walk petitions with you guys do whatever is necessary to see that something is done. Our board would even entertain down stream some cash to purchase trees. So we are willing to help, we would like to see something done, we would like the support of the City to do it. I believe there are a couple of gentlemen here from phase 1 and 2 that are in the association. Thank you Meridian City Council February 20, 1996 Page 16 MOTION CARRIED: All Yea • Motion made and seconded to have the City Attorney prepare an ordinance. MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DOVE MEADOWS NO. 2 SUBDIVISION BY DAVE LEADER: (Discussion Inaudible) Dave Leader, 110 Parkway Drive, Boise, was sworn by the City Attorney. Leader: Mr. Mayor and Councilman, basically this is (inaudible) approved earlier some changes were required because Avest's plans have changed when they decided to put mini-storage to the north (inaudible). So basically. the street (inaudible) changed the street to loop around some. ACHD wanted a second access to the north (inaudible) so that is just of the changes from the original preliminary plat that (inaudible). We have submitted a variance request for lots 3 and 4, for block 3 to (inaudible) radius lots there and (inaudible) they are large lots and one I think is over 8500 square feet and the other is 9000 square feet (inaudible) 6500 minimum square foot lot size. (Inaudible) we had to ask for a variance for those. I don't know if there is any comments that I need to make (inaudible) (Discussion Inaudible) Don Brian, 2070 North Locust Grove, was sworn by the City Attorney. Brian: I think all of you gentlemen know why I am here (inaudible) irrigation problems that I have been experiencing. (Inaudible) there is so much I don't know where to start. This is the first (inaudible) I went through this same procedure and I just (inaudible) concerns of timing and the different things (inaudible). Since then we have had numerous problems, numerous meetings and a lot of (inaudible) trying to get these things taken care of (inaudible). May 19, 1994 Bruce Freckleton (inaudible) until this problem was taken care of. (Inaudible) special meeting by Wayne Crookston and we all talked about what the problem was and what needed to be done. September 15 was the date of the meeting and there was supposed to be a hearing the 21st (inaudible). Well, it was addressed, the problem (inaudible) and he agreed to the the ditch and make the problem go away from me and get my irrigation water (inaudible). Now this agreement came about March 3, 1995 and this is the agreement that Wayne Crookston drew up on how to resolve the problem. (Inaudible) it states on (inaudible) paragraph four on page two says, "where as Leader • . Meridian City Council February 20, 1996 Page 17 stated that (inaudible) and dig ditches deep enough to handle (inaudible):" Page three states that Leader will the the ditch that runs along for an (inaudible) that all of the above shall be accomplished on or before April 1st 1995. {Inaudible) on holding back these things just to get the work done. (Inaudible) on the lots I would imagine (inaudible) clean outs along there I don't know where my access, I have to go door to door (inaudible) because it goes all through Packard Subdivision and down Wingate and Dove Meadows and Avest property. (Inaudible) I would like to make a comment about the same lateral upstream in Packard No. 1 as it comes off the main lateral (inaudible) Planning and Zoning. Started that process October 1994 and I said that I would like to see them get this ditch tiled (inaudible) taken care of and then they can (inaudible) is they developed (inaudible). It is something that needs to be addressed (inaudible) so what (inaudible) in the findings the (inaudible) on page 14, paragraph 16, that all ditches, canals, waterways, required to be tiled by the ordinance shall be tiled as a condition of annexation when annexed. If not so tiled the property shall be subject to de-annexation. That is the first copy of the findings. Then I got a second copy when it went through findings again, and then it stated that the Assistant to the Engineer commented and they are incorporated herein (inaudible) the irrigation district or irrigation ditches that cross the property shall be tiled herein. And then again on page 14 (inaudible) tiled by City ordinance shall be tiled as a condition of annexation and (inaudible) subject to de-annexation. Those were from the (inaudible) meeting, the minutes of the Planning and Zoning meeting. Now I have (inaudible) from September I have these out of order (inaudible) pertains to development time schedules and requirement, 11-9-605 M, (inaudible) that will meet with and comply that section. Well that section states that the time that it takes to get these ditches buried (inaudible) before the final phase or what they did to get around this deal. But it starts as (inaudible) meet and comply with the ordinances of the City of Meridian. That is the one that pertains to the piping of ditches (inaudible) So I don't know (inaudible). March 27, 1995`` is when I got my problem taken care of (inaudible) another head gate and (inaudible). One of my other concerns is does anyone really know what is going on with Dixie Lane which is the road that separates the Dove Meadows development and the the (inaudible) now have new (inaudible) I was wondering what my access would be to my head gate (inaudible). Also my (inaudible) would be the easterly section of this development (inaudible). Right now there is a (inaudible) that is no man's land, it belongs to the Church property, (inaudible) but again when you (inaudible) try and enforce (inaudible). I guess that is (inaudible). (Discussion Inaudible) Morrow: (Inaudible) Brian: I don't know who owns it because Nampa Meridian (inaudible). U Meridian .City Council February 20, 1996 Page 18 Morrow: (Inaudible) (Discussion Inaudible) C~ J Brian: (Inaudible) piping the ditches before they sign the final plat. Morrow: (Inaudible) Brian: Like we have here, we have a final for phase one, the ditch is in phase 2. Morrow: The ditch is in phase 2 then it won't be required (inaudible) Brian: That is exactly my point that is (inaudible) is they develop phase one and (inaudible) now Planning and Zoning. Will knows how many times I have been down here trying to get things done. (Inaudible) how much time and money do we have to spend on making them do something they agreed to do. Morrow: (Inaudible) Brian: This particular development, the ditch that we are talking about was not even there on phase one. He rerouted that ditch and put it over to phase 2. It ran through phase 1, de did phase one and moved the ditch over to phase 2 and (inaudible) still hasn't been tiled (inaudible). My question is what means do we have (inaudible) you have to do it (inaudible) and that just put us all (inaudible). Morrow: (Inaudible) so that has changed substantially (inaudible) Brian: I guess I will be here on every phase of Packard then and going through this same thing. That is what I am trying to avoid. I have better things to do than sit here and take your guys time. (Inaudible) (Discussion Inaudible) Brian: That is another thing I don't think, I don't know if that has been done or where that is. (Inaudible) short of (inaudible). (Discussion Inaudible) Morrow: Mr. Mayor, before you close the public hearing I would like to hear Mr. Leader's comments with respect to Mr. Brian's points and (inaudible) in terms of both Gary's and Shari's comments (inaudible). r~ ~~ Meridian City Council February 20, 1996 Page 19 (Discussion Inaudible) n Morrow: My first question would be (inaudible) Mr. Brian's points with respect to the (inaudible). Leader: I can make some brief comments there. One, as far as irrigation water and Mr. Brian's property that irrigation ditch does not go through my property, it goes through the Wingate property (inaudible) there on the Packard property (inaudible) between Don's water and water that services my property (inaudible). Mr. Brian's problem I believe (inaudible) problem with an undersized pipe down the line from his property. When this water was re-routed it was not done without consulting with the neighbors, Avest wanted to abandon the ditch that was on their property (inaudible) that re-routed and (inaudible) system through the Avest property (inaudible) before the ditch was re-routed. I have participated with Avest and (inaudible) that is in that ditch now takes it to my north property line and (inaudible) is abandon that ditch and that box is set up so (inaudible) all the water would come through the same pipe (inaudible) I believe this is the simplest way to handle the problem (inaudible) easy access to the water. (Inaudible) ACHD requires a clean out box on either side of the street and I believe there are two boxes (inaudible) that would be in people's back yards (inaudible) Morrow: Let me ask you this then, (inaudible) Leader: (Inaudible) the ditch that is on my property (inaudible) that water is all in one ditch and (inaudible) and Don will get his water out of that (inaudible) the irrigation plans to Public Works last summer for this and the other side. So I believe (inaudible) get that pipe put in and (inaudible). Morrow: (Inaudible) lock on that to prevent kids from (inaudible). Leader: (Inaudible) (Discussion Inaudible) Leader: I don't think we ever had any question, I guess there was a question of they have a 50 foot easement and they need 60 foot because of the collector street (inaudible) granting that. .(Inaudible) 50 foot easement is still there (inaudible) but so far I haven't' received it. Morrow: I have a question with respect to (inaudible) before P & Z (inaudible) Leader: There is a one acre property to the north of (inaudible) in the northwest corner • Meridian City Council February 20, 1996 Page 20 which I would want (inaudible) I think they are still in the county, so we would plan on fencing that. (Inaudible) and likewise the same situation with the Packard Subdivision. Morrow: (Inaudible) with respect to the landscaping issue and how those things can be resolved. You indicate, I guess my question here is my interest is (inaudible) to solve the issues of phase one to make sure. they don't occur in phase 2. Leader: There are some very valid complaints with the landscaping (inaudible) phase one it related to not having enough irrigation water, sprinkler (inaudible) to sprinkle the landscaping. The pressurized system of the church takes care of part of that, they were required to disconnect from City water my understanding is (inaudible) so we were without any sprinkler system for about (inaudible) changed the policies so we couldn't get meter permits without building permits. So we had no way to water those easements until houses built. In phase 2 we have pressurized irrigation system and the pressurized irrigation system will be in all of those easement areas so we don't have the problem with the water (inaudible) landscaping in. Morrow: Are you indicating that in phase one the common area is done by easement and there is no pressurized irrigation available. Leader: That is not exactly right, we have a pressurized irrigation system that (inaudible) on the east side up to Apricot. The rest of those, those are on easements too (inaudible) strictly easements on those lots and they are tied into the individual lot owner's systems. (End of Tape) (Discussion Inaudible) Leader: The common (inaudible) that the association is responsible for the (inaudible) bul they are (inaudible). The only thing the association owns in phase one are the entry islands (inaudible) that is the only deeded common area that was there. In phase 2 (inaudible) common areas and drainage lots that are (inaudible) so there is actually more property that belongs to the homeowners association to start with. Morrow: I guess I am at a loss here to figure out how the relationship between the church and the subdivision, what I am driving at here is that it seems to me that there needs to be some method of (inaudible) so that I don't quite understand (inaudible) and so on and so forth (inaudible) Leader: I think it is like basically any association (inaudible). I am not sure the church's pressurized irrigation system (inaudible) most all of the landscaping the church has there. As part of that situation (inaudible) they agreed to allow me to extend the pressurized • Meridian City Council February 20, 1996 Page 21 CJ irrigation system to serve the backs of those lots in block 1 in (inaudible) maintenance cost for their pumping station. Morrow: Is the church part of the homeowners association for the subdivision? Leader: No they are not. Morrow: So then basically the church (inaudible) hostage for water? Leader: Well I suppose they could. Morrow: That wouldn't appear to me to be in the best interest of the homeowners association. Leader: Well I think what probably needs to be done (inaudible) covers that, that says they will provide water (inaudible) Morrow: (Inaudible) I guess what I am after here is that (inaudible) Leader: I agree Morrow: I think those are all the questions that I have. (Discussion Inaudible) Brian: (Inaudible) as far as pressurized irrigation I (inaudible) for the easements in the lots (inaudible) he is not going to tie into the water (inaudible) pressurized irrigation coming from? How is he going to (inaudible) I would like to get some of that stuff taken care of before (inaudible). Thank you. Morrow: Questions for staff, Shari (inaudible) have they been addressed by (inaudible) I guess my major concern is item #9 (inaudible) easement (inaudible) separate lots (inaudible) Stiles: Councilman Morrow, Council, I don't believe I have had response to any of these items. I would. have to double check but that is part of the response I would expect to see on a revised plat. Morrow: My next question was this was approved (inaudible) Stiles: Yes it was. ~J Meridian City Council February 20, 1996 Page 22 Morrow: (Inaudible) Stiles: I could (inaudible) (Discussion Inaudible) Morrow: Gary, your site specific requirements have those been addressed? Smith: (Inaudible) Morrow: And there is a variance coming with respect to (inaudible) the lots 3 and 4 of Block 3 (inaudible) Smith: I haven't seen a variance but it is my understanding (inaudible) variance would need to be requested and approved by (inaudible). Morrow: (Inaudible) applicant shall provide a statement as to the ownership (inaudible) has that all been done? Smith: (Inaudible) final design, it is my understanding (inaudible) for Dove Meadows and Wingate (inaudible) 1 don't t know if that concept has changed or not. Morrow: In terms of that concept (inaudible) being done such (inaudible) At what point in time would these things need to be done. Smith: This design (inaudible) which would be done at the same time of the final plat (inaudible) Corrie: Does Council have any further questions? (Inaudible) Morrow: I guess for point of discussion from my perspective we have covered a lot of (inaudible) preliminary plat seems to me like (inaudible) I would like to have a little bit of time (inaudible} in terms of addressing some of these conditions that need to be addressed. I would like to see them addressed (inaudible). I recognize that we have a shot at this (inaudible) fairness to the developer and the citizens that already reside in phase 1 and Mr. Brian it seems to me like we (inaudible) so that the developer (inaudible) so I guess what I am saying is that I would like to see (inaudible) and maybe address this issue of (inaudible) and having said that if the Council (inaudible) action on the preliminary plat. (Discussion Inaudible) ~J Meridian City Council February 20, 1996 Page 23 Crookston: (Inaudible) it is the preliminary plat that you need to be concerned with. Once you approve that the final plat (inaudible) falls in line with what was supposed to be done or what was said was going to be done on the preliminary plat. (Inaudible) (Discussion Inaudible) Stiles: Mr. Mayor, yes I believe that it should be to show the landscape lots, the exclusion from the lots of Wingate Lane and as a variance has not yet been granted (inaudible) it will I don't' think it should be approved at this time. (Discussion Inaudible) Corrie: (Inaudible) motion to table, is that correct Mr. Crookston, should we (inaudible). (Discussion Inaudible) Morrow: Well I think from my perspective is that (inaudible) in my mind there is some confusion (inaudible) these are really the things that (inaudible) about this preliminary plat and I think in terms of (inaudible) and everybody concerned here is that at least from my perspective logical format and that (inaudible) these are the areas of concern (inaudible) (Discussion Inaudible) Crookston: (Inaudible) public hearing should be continued for both possibilities (inaudible) (Discussion Inaudible) The motion was made and seconded to continue the public hearing to March 5, 1996 meeting. MOTION CARRIED: All Yea ITEM #9: TINA SAYKO: CONCERNS AND COMPLAINTS ABOUT IDAHO TRUSS: (Discussion Inaudible) Arnold: (Inaudible) We are living in a commercial residential zone and we have noise pollution, sexual harassment, (inaudible) trucks constantly going in and out of our neighborhood. We are living on the residential half of the street and Idaho Truss is on the commercial side. So we have to share, we have to share the space there. Our main problem is the noise pollution (inaudible) midnight and we are home in be at 8, 9, 10 • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 20.1996 APPLICANT: DAVE LEADER ITEM NUMBER; 8 REQUEST; PUBLIC HEARING• REQUEST FOR A PRELIMINARY PLAT FOR DOVE MEADOWS #2 I AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P 8~ Z MNUTES FOR 1-9-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: ^ ,~ ~~ r~~_ ~ ~ IDAHO POWER: ,,v ~ ~: (~' ~ ~"~ US WEST: ~~(OO~ ~ \' ~, i~ INTERMOUNTAIN GAS: ~ C BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission January 9, 1996 Page 27 MOTION CARRIED: All Yea TEN MINUTE BREAK ITEM #12: PUBLIC HEARING: .REQUEST FOR PRELIMINARY-PLAT FOR DOVE MEADOWS SUBDIVISION NO. 2 BY DAVE LEADER: Johnson: I will now open the public hearing and invite Mr. Leader or his representative to come forward and address the Commission. Ted Hutchinson, Tealys Land Surveying, 109 S. 4th Street, Boise, was sworn by the City Attorney. Hutchinson: Mr. Chairman and members of the Commission, this is the second phase of Dove Meadows No. 2, as you recall the original portion of this when it was approved did expire and we have now completed the application and brought it forward to you in this form. There is a slight change from the original form that was reviewed and approved by this body and that is on the northwest end. Originally there was a stub street that went to the west to the Avest property, however because of the changes in the development plan on that property we have looped the street and connected it up and also have connected with the stub street into Wingate Place Subdivision No. 2. We have reviewed the comment sheet from Bruce Freckleton in the City Engineer's office. We responded in writing to his comments and submitted the amended preliminary plat, I believe you should have that before you today. We have gone through those comments, we have no problem with complying at those comments with the exception of I believe it is lots 3 and 4 of Block 3 we do have a problem with the frontage on those because it is on a curve. Johnson: This is item #3 on the site specific comments? Hutchinson: Site speck comments from Mr. Freckleton. Lots 3 and 4 of Block 3, Lots 21, 20 on Block 2 have been adjusted so that they do have the proper frontage on the revised plat. Lots 3 and 4 because they are on the outside of the curve we are unable to get the 65 feet of frontage at the street line. They are a little bit closer if you are at the setback line however we are going to have to request a variance from the street frontage standard and that application will be forthcoming. The lots do, Lot 3 I believe is about 9000 square feet, Lot 4 is 8000 square feet or vice versa I can't recall exactly which one is which. They are both in excess of 8000 square feet. So they are good sized lots just because the way that curve happens on the street that it is:a little difficult to meet the frontage requirement. Johnson: How much is a little difi:tcult? • Meridian Planning & Zoning Commission January 9, 1996 Page 28 Hutchinson: The ordinance requires 65 feet, I believe we have 54 on one and 53 on the other. Johnson: Thank you Hutchinson: We will be seeking a variance on those. I got Shari's comments today regarding the plat items, we have gone through those, we didn't see any problems with the exception of item 6 where the perimeter fencing. I believe fencing against the other commercial uses are on the southwest portion of this would be appropriate. However fencing against other residential uses might be inappropriate so we would ask that the perimeter fencing only on that southwest corner where it is up against the commercial properties. They did, Mr. Leader does have an agreement with the church on the eastern end of this because they have their open area lot back behind the church which is on the east end of this property and maintaining that sense of oneness they were working out a berm rather than fencing along that portion of the property. The sanitary sewer lot under Item 3 from Ms. Stiles asked that be a numbered lot. The lot that the sewer easement is on is a drainage lot it is an open space lot so the entire lot is actually an open space lot and we think it can be accommodated just by being a part of that open space lot without it being its own numbered lot. That is also where the pedestrian access will be located for access out of the project on the west end. With regard to item 10 which has to do with the westerly 10 feet, Mr. Leader's deed includes that ten feet. There was some question apparently about the ownership of that property at one time. It was included on this plat because it was Mr. Leader's deed however if we can verify that there is a clear ownership there than that ten feet will be taken out of this plat.. We just had some concerns about when we get to the final plat stage and it is reviewed by the Courrty Engineer whether or not we would have to go back and put that ten feet in depending upon what the deeds and the research by the County Engineer's office would review. With that I would entertain any questions that the Commission might have. This is compatible, we are providing the extension of Hickory Way into the Packard No. 1 subdivision. That will be continued as a 60 foot collector wide street. It will make that final connection, it also interconnects as I stated into Wingate Place No. 2 by providing the extension of Hickory Way it will provide additional access and traffic ways for Wingate Subdivision No. 1. With that are there any questions from the Commission? Johnson: With respect to Shari Stiles' letter of January 5, item #5 for the record then you have no problem with the bonding cash requirement that would be required for all improvements prior to signature on the final plat? Hutchinson: No problem there. Johnson: Thank you, any questions of Mr. Hutchinson? • Meridian Planning & Zoning Commission January 9, 1996 Page 29 MacCoy: I have one, you state here that your minimum square footage for structure is 1300. Hutchinson: That was an oversight on ours, it will be corrected to 1301 as Ms. Stiles pointed out in her letter. MacCoy: Okay, are all of them that same size or are we looking at a variation or some kind of stair stepping situation. Hutchinson: That note is a requirement from the ordinance, that is a minimum that is required. I am sure that there will be a variation, there are some larger lots in there so I am sure there will be some larger homes built on those as well. It is not going to all be 1301 square feet it will be larger. MacCoy: Do you know how many or percentage wise? Hutchinson: I don't have that number. Mr. Leader will be able to provide that information. Johnson: Commissioner Shearer? Shearer: I don't have anything. Johnson: Greg? Oslund: Nothing from me. Johnson: Commissioner Hepper? Hepper: Yes, I had a question on Shari Stiles' notes on the bottom she stated this property is zoned L-0 and apparently that was an oversight when this was done the first time is this something that needs to be rezoned? Hutchinson: I don't know what was done originally on it, there was just a portion of this site and that would be the east end there behind the church that is zoned L-O. Apparently when this was originally processed the entire plat was processed under (inaudible). I don't know if we need to do anything or whether counsel can advise on that issue (inaudible). Hepper: I think it was just a oversight but it looks like something that needs to be cleaned up. Shearer: It has to be a mistake Tim, we never approved that for an office. • Meridian Planning & Zoning Commission January 9, 1996 Page 30 Johnson: Well, we did the one portion as I recall. Crookston: I would assume what happened is that the property was zoned L-O for the church purposes and the legal description somehow intertwined but that should be corrected if it is Mr. Leader's property and he is going to develop it with homes. Hutchinson: We would ask then that any decision on the preliminary plat be based, we will proceed with that under your direction but (inaudible) so that it will be done prior to the final plat. Johnson: Thank you, Mr. Leader would you come forward and be sworn so we can ask you some questions too. Dave Leader, 110 Parkway Drive, Boise, was sworn by the City Attorney. Leader: In regards to the square footage I think it is block 1, there are 12 lots in block 1 those require a minimum of 1550 square feet. Typically they are larger lots and that is the same as we did in phase 1, we had 10 lots in block 1 that required a bigger square footage than the rest of the plat. Does that answer your question? MacCoy: I just wondered if everything was 13 or if there was a graduation as you heard me say earlier. Johnson: Any other questions of Mr. Leader? Oslund: Either Mr. Leader or his representative, just a small comment. On the walks you have 5 foot walks, you intend to widen those at the mail boxes, you are going to have mail boxes on the street I presume? Leader: I wasn't aware there was a requirement to have widened, I thought when you had a 5 foot. sidewalk you didn't have to have, when you have 4 foot sidewalk we always widen them out where you have a mailbox. It is my understanding that when you have eve foot sidewalk you didn't widen them out. If I am wrong and that is the policy we will widen them out. Oslund: I think you have the policy right, I just would encourage that having kids and being in a neighborhood with five foot walks and mail boxes, it just doesn't seem to work that well. Hepper: I have a question for you, we have a letter from the Homeowners Association in Dove Meadows No. 1 are you aware of that letter? • • Meridian Planning & Zoning Commission January 9, 1996 Page 31 Leader: I was as of today. Hepper: Would you care to address that? Leader: Yes I will, it certainly wasn't our intent not to put landscaping in there and normally as a developer we want landscaping in as soon as possible because it is an advantage to us in selling the project. In this case the water system was, part of our sprinkler system was tied in with Capital Christian and was hooked onto City water. Apparently the contractor that did the sprinkler system didn't have a proper permit or something and Meridian Water asked them to disconnect the system. So we had no water for the sprinkler system that was installed, it wasn't until late sometime in Juty that the pressurized system was built and operational that we could use. The lots that had the landscape easements on them the plans were to hook onto the individual home systems because that is part of their lots. However Meridian water changed their policy there and (inaudible) that you couldn't have service without building permit. So until a house was built on those lots we had now way of hooking up our sprinkler system. It is kind of comedy of errors I guess if you want to put it that way, it cost me a lot more money trying to keep down the weeds and re-doing it than it ever would have cost to (inaudible) and obviously we had trees in last year, a year ago last fall. We started putting the trees in, we anticipated that we had water and (inaudible) a matter of trying to get water. Again, I don't feel good about it but that is what happened. Hepper: Do you have a time frame for completing that? Leader: We do have one corner lot that has been sold for some time and the owner has said they were going to start a house and we can get a permit. They promised me last fall (inaudible) and so far he hasn't. At that point in time we are waiting for that permit so we can finish it all up at one time. I guess at this point in time if he doesn't start building well we will have to do a temporary provision for water to that (inaudible). Hepper: Would you have any problem with tying in the completion of the landscaping of this phase along with the landscaping on No. 2. Leader: (Inaudible) Landscaping on one will be done before we get the final plat on 2 so I have no problem on that. Hepper: You wouldn't have a problem with making that a contingency that this landscaping be completed prior to the final plat on number 2. Leader: That is correct. Meridian Planning & Zoning Commission January 9, 1996 Page 32 Hepper: That is all I have. Johnson: Anyone else? Thank you, we will give you an opportunity to respond if there is testimony. Anyone from the public that would like to address the Commission on this application? John George, 2252 East Grapewood Drive, was sworn by the City Attorney. George: I just had a concern for Mr. Leader about pressurized irrigation. What he plans on Johnson: You need to address your questions to the Commission and we will give Mr. Leader a chance to respond. George: Okay, in phase 2, what he plans on doing with that, my understanding that it is a requirement in Meridian to provide pressurized irrigation to any new subdivisions. The ordinance passed in 1993 and of course before that also. The streets during construction, 1 am just asking that they be cleaned. On a periodic basis there is quite a bit of mud and it causes quite a bit of concem not only for safety but appearance as well. I do live in, my residence is located in Block 3, Lot 1 which is at the very end of phase 1. That is the reason for my concern. The time frame that Mr. Leader was stating for the completion of the landscaping for phase 1, what is the date, what are we looking at? What is the actual cut off. Hepper: They have one year don't they, their application is good for one year. Crookston: On the plat, yes. Hepper: So we can't say when they are going to do it but their application is good for one year. George: Okay his application for phase 2 is good for one year. Do we know when that was originally filed? Hepper: The first one expired, now he is coming in for a second one. So he starts his construction within that year and of course we don't have any say so how long it will take him to complete it or sell the lots. But before they can build any homes, before they get the sign off on the final plat the landscaping will have to be done. George: I am talking in reference to phase 1. i Meridian Planning & Zoning Commission January 9, 1996 Page 33 Hepper: We just put a stipulation that phase one will have to be completed before they can get the final plat on phase 2. George: And pressurized irrigation? Hepper: That is an ordinance they have to do that. George: Is it a requirement? Hepper: Yes George: So if I had stipulations on that do I address the City with that? Johnson: What do you mean by stipulations? George: Well, if I don't see it, if it doesn't appear, if it doesn't happen, if it doesn't come about what are my rights as a resident there? Johnson: You can contact the City, that would be a good place to start, the Public Works Department. Anything else? Anyone else from the public that would like to address the Commission on this application? Julie Pipal, 2350 E. Apricot Drive, was sworn by the City Attorney. Pipal: Mr. Chairman, members of the Commission, rather than take up your time, Commissioner Hepper addressed my concerns and I would like to submit this as written testimony. Johnson: Thank you, is there anyone else that would like to address the Commission at this time? Mr. Leader, is there anything you aNOUId like to respond to that was brought up in testimony or Mr. Hutchinson either one? Hutchinson: Thank you Mr. Chairman, with regard to the pressurized irrigation system under City ordinance Dove Meadows No. 2 will have a pressurized irrigation system. Presently there is a system being designed by JUB Engineers which is going to serve Dove Meadows Subdivision NO. 2, the Wingate Place Subdivision and Packard Subdivision No. 1. The source of that I think when I responded to Mr. Freckleton's letter I indicated that the source was at the point where those 3 subdivisions meet, I was in error. It moves straight north to the end of the Packard Subdivision where the Stokesbury lateral, there is a take out there. Meridian Planning & Zoning Commission January 9, 1996 Page 34 Johnson: Is that Packard 1? Hutchinson: Yes, there is a take out there that traditionally served this area I believe that the source is going to be developed at that point. There is a pipe already existing across the part of the Wingate Subdivision No. 2 -and a 15 inch pipe that JUB is working on, the system that will serve all three of these subdivisions. Then I believe Mr. Leader has addressed the concerns about the landscaping and completing the landscaping prior to the final plat for Dove Meadows No. 2. Johnson: He had a comment about keeping the streets clean during construction. Hutchinson: I don't know what we can, we can make an attempt or see what we can do. I am not sure what kind of requirement Johnson: What is the requirement on that Mr. Crookston? Crookston: On the landscaping? We have no requirement City wide for keeping the streets clean. If let's say a subdivider a builder puts something in the street, dirt or bark, landscaping material there is a State statute that if they leave that there and that causes and accident the person who left that in the street is liable for whatever damages occurred. Hutchinson: I think there is some concern, it is probably from the construction trucks going back and forth tracking the dirt onto the paved sections before the streets are (inaudible). Crookston: The City does not have a street cleaning ordinance. Hutchinson: I don't know if the Highway District makes provisions for (inaudible). Crookston: Like I said there is a State statute and I have had relationship with that and it does work. Johnson: Don't we touch on that in our development agreement Shari Stiles? Stiles: Mr. Chairman and Commissioners this development was annexed before the requirement for a development agreement was in effect. Johnson: So what you are saying is we do not have one with this subdivision. Stiles: No we do not have a development agreement, I would suppose we could have it as a condition of approval. • Meridian Planning & Zoning Commission January 9, 1996 Page 35 Johnson: I know we have addressed the debris removal, fencing, to keep the debris from flowing in the wind etc., the streets and the mud and that sort of thing into those agreements before but you are saying we don't' have it on this specific case. Okay, thank you, before 1 close the public hearing does anyone have any last comments? Leader: Just a quick comment to clarify this one thing on pressurized irrigation. Dove Meadows No. 1 we paid well development fees for that however in phase 2 we do plan t retrofit any adjacent lots to phase 2. So if you have a lot that is now adjoining a lot of phase 2 we do plan to provide your pressurized irrigation to those lots when we do phase 2. If you don't why we have no way of extending that line into phase 1. 1 think there is something in the neighborhood of 17 or 18 lots that are adjacent to phase 2, all those lots we do plan to provide pressurized irrigation too. Johnson: I think we need to clarify for the public then the option exists for the pressurized irrigation requirement to pay into the Well fund is that correct Mr. Crookston? Crookston: Yes Johnson: Anyone else? Don Brian, 2070 North Locust Grove Road, was sworn by the City Attorney. Brian: There are a lot of questions coming up about this irrigation water and now that there are three subdivisions involved, Packard, Wingate Place and Dove Meadows on the past history of Dove Meadows and all the messed up messes with irrigation water down there. My lateral comes down through all three of these subdivisions and there is going to have to be some real close calculations done, the time frame of all these things going on. They just approved the plat for Packard but I don't know when the start date is. I came to you guys and the City Council and made sure that was going to be tiled at the time of annexation well that didn't' happen. I don't know when they are going to the it, probably before they develop it. All these things are coming together and I am at the end of the line. There is going to have to be a lot of planning to make this happen right. In this irrigation, this pressurized irrigation thing that is going on and nobody is sure how to do it or when to do it and Nampa Meridian takes it over it is coming right out of my head gate. That has got me concerned because I don't know how it is going to work and how it is going to affect my water coming down whether they are going to be using the same ditch, are they going to use separate water. Where the drain water is going to go, I have talked with all three developers and they are easy .to work with, but I haven't talked with Packard and it is going to have to be a total plan. It cant' be here and there like we did with first phase of Dove Meadows that got all screwed up. That is my only concern, are there any questions? • Meridian Planning & Zoning Commission January 9, 1996 Page 36 Johnson: Are there any questions of Don? Thank you, anyone else? Seeing no one then I will close the public hearing at this time. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact for this development. Crookston: We don't have findings on preliminary plats. Hepper: I move we approve the preliminary plat on this with the stipulation that the landscaping on Dove Meadows No. 1 be tied in with the landscaping of Dove Meadows No. 2 that No. 2 be completed before the final plat on No. 1 is signed off or that No. 1 is completed before the final plat on No. 2 is signed off. Shearer: Second Johnson: A motion on the floor has been made and seconded with stipulations to recommend approval of the preliminary plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR REZONE OF 8.34 ACRES TO C-N BY SMITH'S FOOD AND DRUG CENTER, INC.: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Mike Wardle: Mr. Chairman, I am going to propose to make the presentation from the side because of the exhibits that most of crowd apparently would like to see. So if you will (inaudible) Mike Wardle, 50 Broadway Avenue, Suite B, Boise, was sworn by the City Attorney. Wardle: Mr: Chairman, members of the Commission I would like to introduce some individuals that are here representing Smith's application this evening. Again I am Mike Wardle dealing with planning issues. David Neilson, from Smith's out of Salt Lake City, Doug Kowallis of Crest and Company, who is a real estate representative from Boise, Teri Scofield and architect from Boise that does all of their site architectural work, Joann Butler of Spink and Butler and attorney from Boise and Gary Funkhouser of Bell Walker and Associates also of Boise to deal with traffic issues. Several will speak, all are available to answer questions. We do our take our responsibilities seriously of providing information to the Commission and to the community in terms of dealing with the request for a change • ~ OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN MAX YERRINGTON WA T W MORR BRUCE D. STUART, Water Works Supt. . OW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO P & Z COMMISSION DENPJIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 JIM SHEARER W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor MEMORANDUM: January 4, 1996 To: Mayor, City Council and Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer C~-~" Re: DOVE MEADOWS SUBDIVISION NO. 2 {Preliminary Plat - By Dave Leader) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENT 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605. M. The ditches to be piped are to be shown on the Preliminary Plat. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our review. 5. Provide 5 foot wide sidewalks in accordance with City Ordinance Section 11-9-606. B. 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any necessary corrections to the Preliminary Plat map prior to resubmittal to the City. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. C: VW PWINFA\GENERAL\DOVEMED2.P&Z • Mayor, Council and P&Z January 4, 1996 Page 2 9. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 10. Submit a master street drainage plan, including the method of disposal & approval from the affected irrigationldrainage district. 11. Respond in writing, to each of the comments contained in this memorandum, and submit with copies of the revised Preliminary Plat Map to the City Clerks Office prior to the scheduled hearing date. SITE SPECIFIC COMMENTS• 1. Revise the Preliminary Plat to include the source for the pressurized irrigation system. 2. 100 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. Developer shall be required to install three 250 watt high pressure sodium street lights that were required, but not installed as part of phase I of this development. These three street lights are along the North Hickory Way comdor into the subdivision. All street lights shall be installed, at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 3. The minimum street frontage for Lots 3 & 4, Block 3 and Lots 21 & 29 Block 2 shall be sixty-five (65') feet, measured at the arc for the curved portion, per City Ordinance. 4. Where the minimum sixty-five {b5') feet of street frontage can't be met on any side of a corner Lot, an arrow or some other symbol shall be placed on that Lot on the Preliminary Plat map to signify the side of the Lot that does meet the frontage requirement. When measuring Lot frontage of corner Lots, use 1 /2 of the arc of the curve. No Lots will be allowed to directly access North Hickory Way. 5. Lot 1, Block 6, Lots 11 & 22, Block 1 shall contain the minimum sixty-five hundred {b500) square feet exclusive of landscape easements. b. Create a twenty {20') foot wide Common Area Lot between Lots 22 & 23, Block 2. This Common Area is to be owned and maintained by the Homeowners Association. The Lot shall be centered over the sanitary sewer main that traverses through this area. A Blanket Easement shall be granted to the City of Meridian for the operation and maintenance of the sewer main. This Lot can also be used as a pedestrian access path. 7. The Preliminary Plat map needs to be stamped, signed, and dated by the Design Engineer or Land Surveyor. C:\W PWIN60\GENERAUDOVEMED2, PBcZ • • Mayor, Council and P&Z January 4, 199b Page 3 $. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. Applicant shall provide a statement as to the ownership of and operation/maintenance of the pressurized irrigation system. 9. The treatment capacity of the City of Meridian's Wastwater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. C:\WPWINCA\GENERgL\DOVEMED2.P&Z HUB OF TREASURE VALLEY r WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN MAX YERRINGTON BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. P & Z COMMISSION SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 , MOE ALIDJANI KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 JIM SHEARER W.L. "BILL" GORDON, Police Chief WAYNE G CROOKSTON JR Attorne Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE . , ., y TIM HEPPER GRANT P. HINGSFORD MEMORANDUM Mayor TO: Mayor and C~ £~ FROM: Shari tiles, P&Z Administrator DATE: January 5, 1996 SUBJECT: Preliminary Plat for Dove Meadows Subdivision No. 2 by Dave Leader All items remaining from Dove Meadows Subdivision No. 1 (streetlights, landscaping, tiling of ditches, etc.) should be satisfactorily completed prior to signature on a final plat. I would not support approval of this plat if these items are not completed this spring. 2. Change Note 3 to indicate specific uses ofnon-buildable lots (drainage, sewer easement, etc.). 3. Sanitary sewer easement should be changed to a numbered lot; this lot can also serve as access to the pedestrian walkway along the westerly boundary of this subdivision. 4. Submit approval letters from Nampa-Meridian Irrigation District and downstream water users for construction plans used in tiling of ditches prior to obtaining building permits. 5. Applicant to submit detailed landscape plan of landscaping/pedestrian access areas for approval prior to final plat approval. Bonding/cash will be required for all improvements prior to signature on the final plat. 6. Permanent perimeter fencing must be installed prior to obtaining building permits for housing. 7. Submit proposed restrictive covenants/deed restrictions for Council review. 8. All lots must have a minimum frontage of 65 feet unless on a cul-de-sac and must have a minimum square footage of 6,500 square feet. • • Planning & Zoning Commission, Mayor and Council January 5, 1996 Page Two 9. Although Phase 1 of this development was approved with easements for the landscaped azea, I believe these azeas should be separate lots which are dedicated to the homeowners association for maintenance. 10. The westerly ten feet of this subdivision is preserved as a 10' wide strip for roadway, recorded as Instrument No. 297918 on 2/27/1950. This azea should not be included as part of the lots, and fencing shall not encroach on this easement/road right-of--way. 11. Change Note 4 to indicate a minimum dwelling size of 1,301 squaze feet. 12. Please respond, in writing, to each of the comments listed above. I have not been able to determine how this residential plat came to be platted on property zoned L-O. Single-family homes would normally only be permitted in an L-O zone when approved as part of a planned unit development. A prior version of a preliminary plat for this property was approved, however. ,~r ~ ~ OFFICIALS , i OL iNr IL WICIutWFRiS r HUB OF TREASURE VALLEY . . " ~ WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer CITY OF MERIDIAN MAX YERRINGTON WALT W MORROW BRUCE D. STUART, Water Works Supt. . JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO P & Z COMMISSION DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI KENNETH W. BOWERS, Fire Chlef Public WorksBuilding Department (208) 887-2211 JIM SHEARER W.L. "BILL" CORDON, Police Chlef WAYNE G CROOKSTON JR Attorney Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE . , ., TIM HEPPER GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wilt be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2, 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Preliminary Plat for Dove Meadows Subdivision No 2 BY: Dave Leader LOCATION OF PROPERTY OR PROJECT:_ located next to the northern boundarX of Dove Meadows Subdivision No. 1 JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C ,_MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GASP EL & FINAL PLAT) BUREAU OF REC O RELIM & AL PLAT) CITY FILES OTHER: YOUR CONCISE RE RKS: RECEI~IEi) D ~ C 1 9 1995 CITY DF MERIDIAN .~ WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administretor PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN MAX YERRINGTON WALT W. MORROW 33 EAST IDAHO P a Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE AUDJANI Public WorksBuilding Departrnent (208) 887-2211 JIM SHEARER Motor Vehicle/Drivets License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2, 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Preliminary Plat for Dove Meadows Subdivision No 2 BY: Dave Leader LOCATION OF PROPERTY OR PROJECT: located next to the northern boundary of Dove Meadows Subdivision No 1 JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8r FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8r FINAL PLAT) CITY FILES OTHER: ~a ` ~ ~ ` ~I S YOUR CONCISE REMARKS: iQLL S r,¢.<a- Ft >w,Q S~G'h/5 ill,,e~~ fo ,~~ CITY PLANNER w ~¢ arm it,ilc iNn i s~ S'f.~w ae_ ,4 L ~ o •e ~ a f w ~ 1_ L ]U .tie o /3..~ ~~ t L'~,ew~ o~ Tr~s~ ¢- ~,.S.Q~¢ s, S.ee ~ff~ae.~e.~~ (~~ gar- Fo r W ~ .e r- F; 2F Flo..,v u ~~e•v,KO.~.~ S. ~~,CEI'iV~ DEC 1 ~ 1995 ~;1TY OF IY~1~tU1H ~a y~ A N ~ N w ~~ w N Sr c ~~ ~~ m ww~o~N. m L+ E;oN a" m ~ptJ g~:+ m ~ yv. _ ~~ ri ~ 'q ri Yw ~~ O O ;'qe~ c° m ~ eao O w °X' ~ yw O ~ ~r1 ~ c Z "~,p' Z cite G~~o.~ N 70~ ~'Etye ~~ A ,ab' Fm W v'0 ~~ N ~~ ~ a y ~ ~ e~ ~ .., _. o a ~ , o _ .n ° y p N ~ -• .rl y .~ 5 ~ w,`~ 'mow ~d~~, y ~ TG w 7'N ',1 d~ ~'~O '~ m ~~~ (7 00 5ov~° ~ ~'~ Ny'o' G'.:'~ N og~ o°c~3 O ~~ ~~a ~ ~~_. 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Haley DEPUTY SUPERINTENDENT ,O~ EXCEL Dan Mabe, Finance 1£ Administration ~E` ASSISTANT SUPERINTENDENT Z~ Christine Donnell, Personnel & Instruction ~~~;~~A 1 n+ DIRECTORS ~` Sheryl Belknap, Elementary Jim Carberry, Secondary \ ,~ Doug Rutan, Special Services V \ JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN,IDAH083642 PHONE(208)888.6701 J u , ~. City of Meridian .~ d-?~:~ ~ `~ l~ea~ 33 East Idaho Meridian, Idaho 83642 -.,j~~ ~~ ~~~~+~~~~` Re: Dove Meadows Subdivision No. 2 Dear Councilmen: I have reviewed the application for Dove Meadows Subdivision No. 2 and find that it includes approximately 58 homes at a median value of $100,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Eagle High School. Elementary students from this development will be transported to Lake Hazel Elementary, due to overcrowding at Chief Joseph Elementary. Using the above information we can predict that these homes, when completed, will house 16 elementary aged children, 13 middle school aged children, and 16 senior high aged students. At the present time Chief Joseph Elementary is at 119.81 of capacity. The Meridian School District will grant approval of this development, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Jim Carberry Administrator of Support Programs JC:gr S~IVISION EVALUATION EET RE~E'vED FE S 0 5 1996 Proposed Development Name COVE MEADOWS SUB NO 2 City ;~~ I@i,itdilppgp~p Date Reviewed -_ 12/28/95 Preliminary Stage XXXXX Final Engineer/Developer Tealev'c Land Surveying /Dave Leader The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing st reet n ames cha ll aprle ar on t he pla t a s• "LAST FAIRV IEW A VENUE " "NO RTH D IXI A N " - "NOR TH HI KORY WAY" " AST G RAPE WOOD DRIVE " "EAS T APR ICOT DR IVE" "EAS T APRI C nT CO URT" "N GINKG O AVE NUE" - "N ORTH M ADO W ,I FIB AVEN U E" "EAST C AR ENE STR EET" "EAS T C A RE NE C ni ART" The following new street name is aRnro ved an d shall a~nea r o n the plat as- -- "NORT H REB A AVE NUE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE GE CY SENTATIVES OR DESIGNEES Ada County Engineer John Priester Date /Z ?~ ,S~ Ada Planning Assoc. Terri Raynor Date ~~ a lCs City of Meridian Representative ~_ Date Z f ~ Meridian Fire Dept. Representative Date ~Z ' Z9 "~~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer st tha time of signing the "final plat", otherwise the plat will not be signed !!!1 Sub Index Street Index 3N 1 E 32 Section , NUMBERING OF LOTS AND BLOCKS ~U~iy D»O~. S~~ .~~ Got` ~ ~~ S /Z L~~fs .. ~, ~, f-t r ~ - ~ L .•y~'--.-•-- " ~i-i •_+_~ _t• I-L ,' .. _ . _ ,._._ ;, ,.~-~ 1. L ~_ , ~ . .. •. --- ~ ~ ~ ----- I-L ~ -- -. _ _._ ._ _ . _ ~ ~ . r t., t , _-L ------ - -. _ . -- -- _ ~ ~ ';~ .~ ~ ~ 1~:.~ ~ ~~ i i -.-- - - i N , _ ~ ~~ -~-- - -r- _, . ___ . _~ t CENTRAL CEN •• DISTRICT '1'rHEALTH DEPARTMENT DISTRICT HEALTH DEP~F~J~; ~ ~;~; .. ,: Environmental Health Division _ ~ ~~ °~°-°`~`-~'~ ~~'~'~"~"~ .._. ;;~ Rezone # onal Use # Return to: ^ Boise ^ Eagle ^ Garden city ~1'leridian ^ Kuna iar /Final /Short Plat ~F>//C~/'~~"~Da~i/S S!/~~/~~s/!7~ ~~` ~ ^ ACZ ^ I. We have No 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 wilt 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage ~-central water ^ individual sewage ^ individual water ® 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: =central sewage ^ community sewage system ^ community water ^ sewage dry lines central water ,® 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center 15. ^ beverage establishment ^ grocery store ~~iP-iNI~~P-~'~~2 ~it-~/~~ ~1d~'~Jr C~Y1~~Y/.f~' ,[~' Date: ~L / Z~~ ~~ ,~Yt~~i~Gf . Reviewed ByT~~.~-/7 ~ Review Sheet fDHD 10/91 rcb, rev. I/95 CENTRAL • •• DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL. • BOISE, ID. 83104 • (208) 375-5211 • FAX: 321-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMI~~NDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The -engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office 107 N. Armstrong PI. Bone. ID. 83704 Enviro. Heafih: 321-7499 family Planning: 327-7400 Immun¢afions: 327-1450 Nut~ion: 321-7460 WIC: 321-7488 vales ~ oface P.O. Box 1448 McCall, ID. 83638 Ph. 634-1194 WIC Base -Meridian Elmae County Office Elmae County Office 1606 Roberts 520 E. 8th Street N. of Environmental HeaBh Boise, ID. Mountain Home, ID. 190 S. 4th Sheet E. 83705 Ph.334-3355 83641 Ph. 587-4401 Mountain Home, ID. 324 Meridian, ID. 83641 Ph. 587-9225 83642 Ph. 888.6525 ~ r ~ OFFICIALS WILLIAM G. BERG, JR., Clty 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN WALT W. MORROW 33 EAST IDAHO p & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE AUDJANI Public WorksBuilding Department (208) 887~-~~~p1 n (~ (~~~~'~~,,,. JIM SHEARER Motor Vehicle/Drivers License (208) 888-~~t3l.l~~ ~ U~~ ~,.HARLIE ROUNTREE TIM HEPPER GRANT P. IQNGSFORD DEC 2 2 1995 Mayor ~~RRNRRA~~M~~Ppp,A11&NNM~AiDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELTO~PMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: January 2, 1996 TRANSMITTAL DATE: 12/18/95 HEARING DATE: 1/9/96 REQUEST: Preliminary Plat for Dove Meadows Subdivision No 2 BY: Dave Leader LOCATION OF PROPERTY OR PROJECT: located next to the northern boundary of Dove Meadows Subdivision No 1 JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, CIC INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FiNAL PLAT] SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation POLICE DEPARTMENT District requires that a site development elan be filed CITY ATTORNEY with the District so that the drainage may be reviewed. CITY ENGINEER We_ will, also, need to review any possible encroachments _CITYPLANNER that could affect the Di t ~ 's operation and i t The developer will need to ma n enance. contact Donna Moore at Nampa & Meridian Irrigation District at 343-1884 in order to receive the necessar documents before the ~olect will be reviewed by the District I will hold further comments on this protect until the District can do a complete review to see what imRact this ,. ohn P. Anderson, District Water Superintendent Nampa & Meridian Irrigation District ~~~~~ O ,(t 1g~~j ,1~~ Off' ~~~~$S-~~tl~ ~,~ia Ba ~~vud.~a~i ~Ivc~gatlacz T>i~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 January 19 9 6 Phones: Area Code 208 OFFICE: Nampa 466-7861 Tealey's Land Surveying Boise 343-1884 109 South .4th Street SHOP: Nampa 466-0663 BOlSe, ID 83702 Boise 345-2431 RE: Land Use Change Application for Dove Meadows Sub No. 2 Dear Tealey's: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Dave Leader City of Meridian enc. ~~ ~~ ~ ~~ ~.. ~.~ ~,.. >- APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • January 3, 1996 City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Attn: City Commissioners Dear Commissioners: I am in receipt of a "Notice of Hearing", dated December 21, 1995, regarding the application of Dave Leader for a Preliminary Plat approval for Dove Meadows Subdivision No.2. I, as well as the majority of the other Home Owners of Dove Meadows Subdivision No.i, am very concerned about this matter. We addressed the City Council in the meeting on October 17, 1995, regarding the completion ofi the landscaping, etc., for Dove Meadows No.i. After sitting in the meeting for five hours, we were told that nothing could be done. A letter would be sent to Mr. Leader advising him to complete what he started. However. I never received a copy of any such letter. I telephoned the City Council office for over two weeks with no response from anyone. The later part of October I did receive a phone call from Mr-. Leader and he stated with Winter coming he couldn't do anything more until Spring. By Spring, this subdivision will have been established for 2 years and what guarantee do we have that it will get done! This matter is very important to us and we do not want Dove Meadows No.2 approved unless there is a BOND posted for completion of all landscaping, etc., for both Dove Meadows No.l and No.2, with a completion date to be no later than July 31, 1996. Only then will we consider this issue. Otherwise, the application should be denied. We, as Home Owners, value-the appearance of our subdivision as well as our homes. We want a guarantee that this matter will be addressed and handled accordingly. Thank you for your time. Proiect Coordinator and Contacts Jo-ann Fuller 2448 E. Haricot Dr. 884-4982 Fellowors in upport: •'iuu _..,LZ ~(.~ Name: 'J ADR:~~~3 `~p~~n~• Phone: Name: ~}~/~n's.----~/"~ ADR:~3G~_~.~.PHONE:~~~_Zl) Name. Name: Name Name: r Name: Name _..=~ Name :~d'~- ~me Naane Name: Name: Name: Name: Name: Name: Name: Name: Name ~, NameE/ Name: Name: Name I~'ame Name : i Name: dd >` . ~t<..-,-r ~ g•~ Address _- • Address: Phone: Add~e~s : ~ hone : ~~ Address : ~~~_ ~>~-~R~'~hone : - ~C a~'~ Address : X2.5"2 ~- _ya-~hone : ~~S - (~ LgS Address : uZ3 ~. ~GI~=dPhone : ~"Z3FS~- T- Address : ~ ~ ~~ ~~ ~~,r~"~ Phone : ~ ~~ ~ / >.... Address : a'~tg ~~ c~_~x~=~" Phone :~' ~ y ~ --~`I ~ / Address: ~~4~ ond: ~~~ ~/~~ Address : ri~~: ~~ ~ i~ Address: Phone: Address : ~'13[~ ~. (~-; ~~ Phone :~ y Address : ~ysy f:. lif0,®Pi,~~hone : ~~~~ Address : ' ~ ~ ~ Phone : ,~ ~ ~, Address : 02 • ~ P~ione Addre~ : ~ ~ ~ ~ Phone Address: Address: Address: address: ~4ldress -~ ~.5~ T AP~~''Phone : ~l - /~ ~ ~ ~ , ~ hone hone: y _ ~~ ~ ~~ ~~ Phone ; E ~~Phone: ~~ ~~ Phone: ~ " ~~ ~~ ~~ ~~0~ I~ ze ~-~~~t `. Address t ~X ~ ~' (~rrt.~Phone : f~~`~' ~rcYa . -~'~ ~ ' ,~ ~ ~ ~' ess : ~ ~ F=hone ,~, Address : ~~~ ~~Phone : `'~ ^-v ~iddress: 2'~L F ~-~'~°~. Phone: ~~~~ D~~o Name : 'Mtg..... .~ ~'_i.n. ~w~ Address : x.35, l~ Gqe ~c~~~ Phone : ~6 SS `l ~ /i~-Ilob Name: ~~' ~~~ Address; ~4~-.4 ~ ~;~ T„,~~Phone: Shy ~-,~`/7 . • .mot Name : - '~~'Ad~ess : ~ one : ~ ' ~ ~ Name : ~ ~ Address : _ 2 -~~1~k~Rc3ne : / ~7~~~~~ Name : '~ r vt Address: L ~~ ~ C`~'G~ ~;C::~ ~ Phone: ` ~ `J~ Name: Address: Zy n 7 Phone: - Name : K,~- ~ ., Address : Z~1 ~[y E. ~..r~d «- Phone : ~f ~'`f- ~(4 l3 Z Name : ~. ~ Address : ay~~' ~ ~ ~ Phone : ~~ ~~ - 5~ q~Z_ Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name:- Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: Name: Address: Phone: 4 • AL 'S LAND YING Bruce Freckleton City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Dove 11~Ieadows..Cubdivision #~ Preliminary Plat Deaz Mr. Freckleton: SECEIV~D JAN 0 8 1996 IiIAN qTY ENOIttF.ER • I have reviewed your January 4, 1996 comments regarding the preliminary plat for Dove Meadows Subdivision #2. As required by General Comment #11, I am returning the following comments and five (5) copies of the amended preliminary plat. Regazding the General Co ment ,the irrigation/drainage ditches crossing or next to the property will be tiled or fenced according to the Meridian City Code (Comment #1). Any existing domestic well or septic system located within the proposed development will be removed from service. Water service and sewer service will be obtained from the city of Meridian (Comment #2). Monitoring of the groundwater condition at the site is cwrently underway. When the monitoring is complete, a report will be submitted (Comment #3). The covenants and restrictions for Dove Meadows Subdivision #1 have been amended to include this additional development (Comment #4). A copy is attached. On the face of the preliminary plat is a diagram of a typical street section within the subdivision. This street section shows sidewalks with widths of fnne feet (5') (Comment #S). Attached to this letter is a copy of the Ada County Street Name Committee's review of the preliminary plat (Comment #6). Fire hydrant location is being coordinated with the Ciiy's Water Works Superintendent (Comment #7). No flood plain boundary is located within or next to this development proposal (Comment #9). (Your comment letter did not include an item #8). Regazding the Sit~ecific Comments, we aze providing the following: The source for the pressurized irrigation system is at the point where Dove Meadows Subdivision #2, Wingate Place Subdivision #1, and Packard Subdivision #1 meet (the south 1/16 comer of the section). This source is being designed by J-U-B Engineering and it will serve the above noted 109 South 4"' et ,Idaho 83702 . ( 3858. Fax (208) 385-0695 January 4, 1996 Dove Meadows Subdivision #2 1?tojed. 1165-2 - 1 _ • . • subdivisions (Comment #1). Street lights will be installed in locations specified by the city of Meridian. The preliminary plat shows proposed locations (Comment #2). Site constraints exist that require the developer to seek a variance of the street frontage requirement for Lots 3 and 4 in Block 3. The existing boundary of Dove Meadows Subdivision #1 and the curve in the street make the lot fromages for these lots less than sixty-five feet (65~. These lots are lazger than the minimum allowed in the R-8 Zone, but, as stated, the physical constraints of the site require a variance. Lots 21 and 29 in Block 2 have been adjusted on~ this preliminary plat to meet the frontage requirement (Comment #3). Arrows ha~e'neen adaeu ~:~ «.~ ~;;l~~.e~ ii,ts showing the fronts ofthe~t~ts7co~nmenr #•~~. Loy 1, Block 6 is 7,574 squaze feet; Lot 11, Block 1 is 7,305 squaze feet; and, Lot 22, Block 1 is 8,420 square feet in size (Comment #S). ~ . Because Lot 23 in Block 2 is a common open space lot, an additional lot is not necessary for the sanitary sewer line. The lot line between Lots 22 and 23 has been moved to the southeast so that all of the sewer easement in located within Lot 23. The sewer easement location will also be used as the pedestrian access between Dove Meadows Subdivision #2 and the property lying to the west (Comment #6). The revised preliminazy plat has been stamped by a registered Professional Land Surveyor (Comment #7). The pressurized irrigation system within the Dove Meadows development shall be owned, maintained and operated by the homeowners' association (Comment #8). The developer is awaiting your evaluation (Comment #9). Hopefiilly, this letter answers your concerns regarding this development. The development of Dove Meadows Subdivision #2 will meet the design and development staridazds of the Meridian City Ordinance. If you have further questions, please call me. Respectfully, Patrick A. Tealey Tealey's Land Surveying B . ~~ - Ted Hutchinson Dove Meadows Subdivision #2 Project 1165-2 -2- • • Meridian Planning & Zoning Commission January 9, 1996 Page 27 MOTION CARRIED: All Yea TEN MINUTE BREAK ITEM #12: PUBLIC HEARING: .REQUEST FOR PRELIMINARY PLAT FOR DOVE MEADOWS SUBDIVISION NO.2 BY DAVE LEADER: Johnson: I will now open the public hearing and invite Mr. Leader or his representative to come forward and address the Commission. Ted Hutchinson, Tealys Land Surveying, 109 S. 4th Street, Boise, was sworn by the City Attorney. Hutchinson: Mr. Chairman and members of the Commission, this is the second phase of Dove Meadows No. 2, as you recall the original portion of this when it was approved did expire and we have now completed the application and brought it forward to you in this form. There is a slight change from the original form that was reviewed and approved by this body and that is on the northwest end. Originally there was a stub street that went to the west to the Avest property, however because of the changes in the development plan on that property we have looped the street and connected it up and also have connected with the stub street into Wingate Place Subdivision No. 2. We have reviewed the comment sheet from Bruce Freckleton in the City Engineer's office. We responded in writing to his comments and submitted the amended preliminary plat, I believe you should have that before you today. We have gone through those comments, we have no problem with complying at those comments with the exception of I believe it is lots 3 and 4 of Block 3 we do have a problem with the frontage on those because it is on a curve. Johnson: This is item #3 on the site specific comments? Hutchinson: Site specific comments from Mr. Freckleton. Lots 3 and 4 of Block 3, Lots 21, 20 on Block 2 have been adjusted so that they do have the proper frontage on the revised plat. Lots 3 and 4 because they are on the outside of the curve we are unable to get the 65 feet of frontage at the street line. They are a little bit closer if you are at the setback line however we are going to have to request a variance from the street frontage standard and that application will be forthcoming. The lots do, Lot 3 I believe is about 9000 square feet, Lot 4 is 8000 square feet or vice versa I can't recall exactly which one is which. They are both in excess of 8000 square feet. So they are good sized lots just because the way that curve happens on the street that it is a little difficult to meet the frontage requirement. Johnson: How much is a little difficult? • Meridian Planning & Zoning Commission January 9, 1996 Page 28 Hutchinson: The ordinance requires 65 feet, I believe we have 54 on one and 53 on the other. Johnson: Thank you Hutchinson: We will be seeking a variance on those. I got Shari's comments today regarding the plat items, we have gone through those, we didn't see any problems with the exception of item 6 where the perimeter fencing. I believe fencing against the other commercial uses are on the southwest portion of this would be appropriate. However fencing against other residential uses might be inappropriate so we would ask that the perimeter fencing only on that southwest corner where it is up against the commercial properties. They did, Mr. Leader does have an agreement with the church on the eastern end of this because they have their open area lot back behind the church which is on the east end of this property and maintaining that sense of oneness they were working out a berm rather than fencing along that portion of the property. The sanitary sewer lot under Item 3 from Ms. Stiles asked that be a numbered lot. The lot that the sewer easement is on is a drainage lot it is an open space lot so the entire lot is actually an open space lot and we think it can be accommodated just by being a part of that open space lot without it being its own numbered lot. That is also where the pedestrian access will be located for access out of the project on the west end. With regard to item 10 which has to do with the westerly 10 feet, Mr. Leader's deed includes that ten feet. There was some question apparently about the ownership of that property at one time. It was included on this plat because it was Mr. Leader's deed however if we can verify that there is a clear ownership there than that ten feet will be taken out of this plat. We just had some concerns about when we get to the final plat stage and it is reviewed by the County Engineer whether or not we would have to go back and put that ten feet in depending upon what the deeds and the research by the County Engineer's office would review. With that I would entertain any questions that the Commission might have. This is compatible, we are providing the extension of Hickory Way into the Packard No. 1 subdivision. That will be continued as a 60 foot collector wide street. It will make that final connection, it also interconnects as I stated into Wingate Place No. 2 by providing the extension of Hickory Way it will provide additional access and traffic ways for Wingate Subdivision No. 1. With that are there any questions from the Commission? Johnson: With respect to Shari Stiles' letter of January 5, item #5 for the record then you have no problem with the bonding cash requirement that would be required for all improvements prior to signature on the final plat? Hutchinson: No problem there. Johnson: Thank you, any questions of Mr. Hutchinson? • • Meridian Planning & Zoning Commission January 9, 1996 Page 29 MacCoy: I have one, you state here that your minimum square footage for structure is 1300. Hutchinson: That was an oversight on ours, it will be corrected to 1301 as Ms. Stiles pointed out in her letter. MacCoy: Okay, are all of them that same size or are we looking at a variation or some kind of stair stepping situation. Hutchinson: That note is a requirement from the ordinance, that is a minimum that is required. I am sure that there will be a variation, there are some larger lots in there so I am sure there will be some larger homes built on those as well. It is not going to all be 1301 square feet it will be larger. MacCoy: Do you know how many or percentage wise? Hutchinson: I don't have that number. Mr. Leader will be able to provide that information. Johnson: Commissioner Shearer? Shearer: I don't have anything. Johnson: Greg? Oslund: Nothing from me. Johnson: Commissioner Hepper? Hepper: Yes, I had a question on Shari Stiles' notes on the bottom she stated this property is zoned L-O and apparently that was an oversight when this was done the first time is this something that needs to be rezoned? Hutchinson: I don't know what was done originally on it, there was just a portion of this site and that would be the east end there behind the church that is zoned L-O. Apparently when this was originally processed the entire plat was processed under (inaudible). I don't know if we need to do anything or whether counsel can advise on that issue (inaudible). Hepper: I think it was just a oversight but it looks like something that needs to be cleaned up. Shearer: It has to be a mistake Tim, we never approved that for an office. • Meridian Planning & Zoning Commission January 9, 1996 Page 30 Johnson: Well, we did the one portion as I recall. Crookston: I would assume what happened is that the property was zoned L-0 for the church purposes and the legal description somehow intertwined but that should be corrected if it is Mr. Leader's property and he is going to develop it with homes. Hutchinson: We would ask then that any decision on the preliminary plat be based, we will proceed with that under your direction but (inaudible) so that it will be done prior to the final plat. Johnson: Thank you, Mr. Leader would you come forward and be sworn so we can ask you some questions too. Dave Leader, 110 Parkway Drive, Boise, was sworn by the City Attorney. Leader: In regards to the square footage I think it is block 1, there are 12 lots in block 1 those require a minimum of 1550 square feet. Typically they are larger lots and that is the same as we did in phase 1, we had 10 lots in block 1 that required a bigger square footage than the rest of the plat. Does that answer your question? MacCoy: I just wondered if everything was 13 or if there was a graduation as you heard me say earlier. Johnson: Any other questions of Mr. Leader? Oslund: Either Mr. Leader or his representative, just a small comment. On the walks you have 5 foot walks, you intend to widen those at the mail boxes, you are going to have mail boxes on the street I presume? Leader: I wasn't aware there was a requirement to have widened, I thought when you had a 5 foot sidewalk you didn't have to have, when you have 4 foot sidewalk we always widen them out where you have a mailbox. It is my understanding that when you have five foot sidewalk you didn't widen them out. If I am wrong and that is the policy we will widen them out. Oslund: I think. you have the policy right, I just would encourage that having kids and being in a neighborhood with five foot walks and mail boxes, it just doesn't seem to work that wel l Hepper: I have a question for you, we have a letter from the Homeowners Association in Dove Meadows No. 1 are you aware of that letter? i • Meridian Planning & Zoning Commission January 9, 1996 Page 31 Leader: I was as of today. Hepper: Would you care to address that? Leader: Yes I will, it certainly wasn't our intent not to put landscaping in there and normally as a developer we want landscaping in as soon as possible because it is an advantage to us in selling the project. In this case the water system was, part of our sprinkler system was tied in with Capital Christian and was hooked onto City water. Apparently the contractor that did the sprinkler system didn't have a proper permit or something and Meridian Water asked them to disconnect the system. So we had no water for the sprinkler system that was installed, it wasn't until late sometime in July that the pressurized system was built and operational that we could use. The lots that had the landscape easements on them the plans were to hook onto the individual home systems because that is part of their lots. However Meridian water changed their policy there and (inaudible) that you couldn't have service without building permit. So until a house was built on those lots we had now way of hooking up our sprinkler system. It is kind of comedy of errors I guess if you want to put it that way, it cost me a lot more money trying to keep down the weeds and re-doing it than it ever would have cost to (inaudible) and obviously we had trees in last year, a year ago last fall. We started putting the trees in, we anticipated that we had water and (inaudible) a matter of trying to get water. Again, I don't feel good about it but that is what happened. Hepper: Do you have a time frame for completing that? Leader: We do have one corner lot that has been sold for some time and the owner has said they were going to start a house and we can get a permit. They promised me last fall (inaudible) and so far he hasn't. At that point in time we are waiting for that permit so we can finish it all up at one time. I guess at this point in time if he doesn't start building well we will have to do a temporary provision for water to that (inaudible). Hepper: Would you have any problem with tying in the completion of the landscaping of this phase along with the landscaping on No. 2. Leader: (Inaudible) Landscaping on one will be done before we get the final plat on 2 so I have no problem on that. Hepper: You wouldn't have a problem with making that a contingency that this landscaping be completed prior to the final plat on number 2. Leader: That is correct. • • Meridian Planning & Zoning Commission January 9, 1996 Page 32 Hepper: That is all I have. Johnson: Anyone else? Thank you, we will give you an opportunity to respond if there is testimony. Anyone from the public that would like to address the Commission on this application? John George, 2252 East Grapewood Drive,. was sworn by the City Attorney. George: I just had a concern for Mr. Leader about pressurized irrigation. What he plans on Johnson: You need to address your questions to the Commission and we will give Mr. Leader a chance to respond. George: Okay, in phase 2, what he plans on doing with that, my understanding that it is a requirement in Meridian to provide pressurized irrigation to any new subdivisions. The ordinance passed in 1993 and of course before that also. The streets during construction, I am just asking that they be cleaned. On a periodic basis there is quite a bit of mud and it causes quite a bit of concem not only for safety but appearance as well. I do live in, my residence is located in Block 3, Lot 1 which is at the very end of phase 1. That is the reason for my concern. The time frame that Mr. Leader was stating for the completion of the landscaping for phase 1, what is the date, what are we looking at? What is the actual cut off. Hepper: They have one year don't they, their application is good for one year. Crookston: On the plat, yes. Hepper: So we can't say when they are going to do it but their application is good for one year. George: Okay his application for phase 2 is good for one year. Do we know when that was originally filed? Hepper: The first one expired, now he is coming in for a second one. So he starts his construction within that year and of course we don't have any say so how long it will take him to complete it or sell the lots. But before they can build any homes, before they get the sign off on the final plat the landscaping will have to be done. George: I am talking in reference to phase 1. • Meridian Planning & Zoning Commission January 9, 1996 Page 33 Hepper: We just put a stipulation that phase one will have to be completed before they can get the final plat on phase 2. George: And pressurized irrigation? Hepper: That is an ordinance they have to do that. George: Is it a requirement? Hepper: Yes George: So if I had stipulations on that do I address the City with that? Johnson: What do you mean by stipulations? George: Well, if I don't see it, if it doesn't appear, if it doesn't happen, if it doesn't come about what are my rights as a resident there? Johnson: You can contact the City, that would be a good place to start, the Public Works Department. Anything else? Anyone else from the public that would like to address the Commission on this application? Julie Pipal, 2350 E. Apricot Drive, was sworn by the City Attorney. Pipal: Mr. Chairman, members of the Commission, rather than take up your time, Commissioner Hepper addressed my concerns and I would like to submit this as written testimony. Johnson: Thank you, is there anyone else that would like to address the Commission at this time? Mr. Leader, is there anything you mould like to respond to that was brought up in testimony or Mr. Hutchinson either one? Hutchinson: Thank you Mr. Chairman, with regard to the pressurized irrigation system under City ordinance Dove Meadows No. 2 will have a pressurized irrigation system. Presently there is a system being designed by JUB Engineers which is going to serve Dove Meadows Subdivision N0. 2, the Wingate Place Subdivision and Packard Subdivision. No. 1. The source of that I think when I responded to Mr. Freckleton's letter I indicated that the source was at the point where those 3 subdivisions meet, I was in error. It moves straight north to the end of the Packard Subdivision where the Stokesbury lateral, there is a take out there. • • Meridian Planning & Zoning Commission January 9, 1996 Page 34 Johnson: Is that Packard 1? Hutchinson: Yes, there is a take out there that traditionally served this area I believe that the source is going to be developed at that point. There is a pipe already existing across the part of the Wingate Subdivision No. 2 and a 15 inch pipe that JUB is working on, the system that will serve all three of these subdivisions. Then I believe Mr. Leader has addressed the concerns about the landscaping and completing the landscaping prior to the final plat for Dove Meadows No. 2. Johnson: He had a comment about keeping the streets clean during construction. Hutchinson: I don't know what we can, we can make an attempt or see what we can do. I am not sure what kind of requirement Johnson: What is the requirement on that Mr. Crookston? Crookston: On the landscaping? We have no requirement City wide for keeping the streets clean. If let's say a subdivider a builder puts something in the street, dirt or bark, landscaping material there is a State statute that if they leave that there and that causes and accident the person who left that in the street is liable for whatever damages occurred. Hutchinson: I think there is some concern, it is probably from the construction trucks going back and forth tracking the dirt onto .the paved sections before the streets are (inaudible). Crookston: The City does not have a street cleaning ordinance. Hutchinson: I don't know if the Highway District makes provisions for (inaudible). Crookston: Like I said there is a State statute and I have had relationship with that and it does work. Johnson: Don't we touch on that in our development agreement Shari Stiles? Stiles: Mr. Chairman and Commissioners this development was annexed before the requirement for a development agreement was in effect. Johnson: So what you are saying is we do not have one with this subdivision. Stiles: No we do not have a development agreement, I would suppose we could have it as a condition of approval. • Meridian Planning & Zoning Commission January 9, 1996 Page 35 Johnson: I know we have addressed the debris removal, fencing, to keep the debris from flowing in the wind etc., the streets and the mud and that sort of thing into those agreements before but you are saying we don'Y have it on this specific case. Okay, thank you, before I close the public hearing does anyone have any last comments? Leader: Just a quick comment to clarify this one thing on pressurized irrigation. Dove Meadows No. 1 we paid well development fees for that however in phase 2 we do plan t retrofit any adjacent lots to phase 2. So if you have a lot that is now adjoining a lot of phase 2 we do plan to provide your pressurized irrigation to those lots when we do phase 2. If you don't why we have no way of extending that line into phase 1. I think there is something in the neighborhood of 17 or 18 lots that are adjacent to phase 2, all those lots we do plan to provide pressurized irrigation too. Johnson: I think we need to clarify for the public then the option exists for the pressurized irrigation requirement to pay into the Well fund is that correct Mr. Crookston? Crookston: Yes Johnson: Anyone else? Don Brian, 2070 North Locust Grove Road, was sworn by the City Attorney. Brian: There are a lot of questions coming up about this irrigation water and now that there are three subdivisions involved, Packard, Wingate Place and Dove Meadows on the past history of Dove Meadows and all the messed up messes with irrigation water down there. My lateral comes down through all three of these subdivisions and there is going to have to be some real close calculations done, the time frame of all these things going on. They just approved the plat for Packard but I don't know when the start date is. I came to you guys and the City Council and made sure that was going to be tiled at the time of annexation well that didn't' happen. I don't know when they are going to the it, probably before they develop it. All these things are coming together and I am at the end of the line. There is going to have to be a lot of planning to make this happen right. In this irrigation, this pressurized irrigation thing that is going on and nobody is sure how to do it or when to do it and Nampa Meridian takes it over it is coming right out of my head gate. That has got me concerned because I don't know how it is going to work and how it is going to affect my water coming down whether they are going to be using the same ditch, are they going to use separate water. Where the drain water is going to go, I have talked with all three developers and they are easy to work with, but I haven't talked with Packard and it is going to have to be a total plan. It cant' be here and there like we did with first phase of Dove Meadows that got all screwed up. That is my only concern, are there any questions? • • Meridian Planning & Zoning Commission January 9, 1996 Page 36 Johnson: Are there any questions of Don? Thank you, anyone else? Seeing no one then I will close the public hearing at this time. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact for this development. Crookston: We don't have findings on preliminary plats. Hepper: I move we approve the preliminary plat on this with the stipulation that the landscaping on Dove Meadows No. 1 be tied in with the landscaping of Dove Meadows No. 2 that No. 2 be completed before the final plat on No. 1 is signed off or that No. 1 is completed before the final plat on No. 2 is signed off. Shearer: Second Johnson: A motion on the floor has been made and seconded with stipulations to recommend approval of the preliminary plat, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR REZONE OF 8.34 ACRES TO C-N BY SMITH'S FOOD AND DRUG CENTER, INC.: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Mike Wardle: Mr. Chairman, I am going to propose to make the presentation from the side because of the exhibits that most of crowd apparently would like to see. So if you will (inaudible) Mike Wardle, 50 Broadway Avenue, Suite B, Boise, was sworn by the City Attorney. Wardle: Mr. Chairman, members of the Commission I would like to introduce some individuals that are here representing Smith's application this evening. Again I am Mike Wardle dealing with planning issues. David Neilson, from Smith's out of Salt Lake City, Doug Kowallis of Crest and Company, who is a real estate representative from Boise, Teri Scofield and architect from Boise that does all of their site architectural work, Joann Butler of Spink and Butler and attorney from Boise and Gary Funkhouser of Bell Walker and Associates also of Boise to deal with traffic issues. Several will speak, all are available to answer questions. We do our take our responsibilities seriously of providing information to the Commission and to the community in terms of dealing with the request for a change MERIDIAN PLANNING & ZONING COMMISSION MEETING: JANUARY 9.1996 APPLICANT: DAVE LEADER AGENDA ITEM NUMBER: 12 REQUEST: PUBLIC HEARING• REQUEST FOR A PRELIMINARY PLAT FOR DOVE MEADOWS NO 2 SUBDNISION ENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" 3EE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~ s r p ~ ~,~ ~~~ I~ ~~ ~l III Materials presented at public meetings shall become property of the City of Meridian. r ~ P 7 S °'~ ) ~~~~ ~ 0° DECIARAT'ION OF COVENANT'S CONDITIONS AND ~ DOVE MEADOWS SUBDIVISION P1O. ~. T1IIS DECIARATTON Is made an the date hereinafter set forth by the undersigned, DAVID E. LEADER and MARY LEADER, husband and wife, hereinafter referred to as 'declarants". WfiERFAS, Declarants are the owners of certain real property in the Crnnty of Ada, State of Idaho, hereinafter referred to as "Property", more particularly described as follows: Dove Meadows S~bdivis ion No . 2 , lying in the SE 4 f SW ~ and the SW4, SE 4, Section 5, T. 3 N., R. 1 E., B.M., according to the official plat thereof recorded as Instrument No. ~ Book ~ of Plats at Pages _ through ., inclusive, Records of Ada Cotnty, Idaho, NOW, Tf~REFDRE, Declarants hereby declare that all of the said property is and shall be held and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth; all of which are for the pum'pose of enhancing and protecting the value, desirability and attractiveness of said property. Said easements, covenants, restrictions, conditions and reservations shall constitute covenants to run with the land and shall be binding upon all persons claim; ~ ceder thy, and also that these conditions, covenants, restrictions, easements and reservations shall inure to the benefit of and be limitations upon all future owners of said property or any interest therein, ARTICLE I Definitions k'henever used in this Declaration, the following teens shall have the following meanings : 1.1 "Association" shall mean and refer to Dove Meadows Homeowners Association, Inc., an Idaho non-profit corporation, its successors and assigns. _ - 1.2 "Building Lot" shall mean and refer to a lot, or to any parcel of said property umder one ownership which consists of a portion of one of such lots, or contiguous portions of two or more contiguous lots if a building is constructed thereon. 1.3 "Committee" shall mean the Architectural Control CoQmi.ttee described herein. 1.4 "CaQann Area" shall mean all real property, including improvements thereto, awned by the Association for the coon use and enjoyoent of the owners. The Coumon Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: . ~ • U LotY3, Block2 , LotiC., Blocks, Lout, Block S, Dove I~.eadows Subdivision, together with the dominant interest in the landscape easements as shown on the plat over and across 3~et F,-B~ee~~ - T ~~ -' "' c~- : , Lot r- , alock 6; and Lots ~. •, , ~ ~ and ~?, Block 1, of said Subdivision. 1.5 'declarants" shall mean and refer to David E. Leader and Mary Leader, their successors and assigns. 1.6 'declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the property as recorded in the office of the Ada Crnmty Recorder. 1.7 'Mortgage" shall mean and refer to any mortgage or deed of trust and 'Mortgagee" shall refer to the mortgagee, or beneficiary tinder a deed of trust, and '~brtgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.8 'T'Lember" shall mean and refer to those persons entitled to a~nbership as provided in the Declaration. 1.9 "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 properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obli- gation. 1.10 "Plat" shall mean the recorded plat of Dove Meadows Subdivision No. . 1.11 "Properties" or "Property" shall mean and refer to that certain real property hereinbefore described. 1.12 "Setback" shall mean the minimum distance between the dwelling unit or other structure referred to and a given street or road or iot line. ARTICLE ZI Property Use Restrictions The following restrictions shall be applicable to the Properties and shall be for the benefit of and limitations upcm all present and future owners of said Property or of any interest therein: 2.1 Land Use and Building Type No lot shall be used except for single fame y rest entia purposes, and no lot or the Coamon Area shall be used for the conduct of any trade or business or professional activity. All lots and improvements constructed thereon mast comply with all applicable governnexttal rules, ordinances, laws, statutes or regulations. 2.2 S~i nos No sign of any kind shall be displayed to the public view an any o except one sign of not more than five (5) square feet Declaration of Covenants -Page 2 advertising the property for sale or rent or signs used by a builder, or lending institution or the Declarants to advertise the property during the construction and sales period. 2.3 Animals. No animals, livestock or poultry of any kind shall be raised, re or kept on any lot, except that dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets cou~plies with all city and county laws, rules and regulations. No dog, cat or other household pet may be kept which unreasonably bothers or constitutes a nuisance to other owners of other lots. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of the property line of any lot, or within five (5) feet of a set- back line, where applicable. Dog rims or kennels shall only be permit- ted to be placed and maintained to the rear of dwellings and in no event shall such structures be visible from a street. 2.4 Street Lam' ht~s. The Declarants have installed, or will install, street lights in accordance with the Meridian Public Works Department's Specifications and Standards. After installation and acceptance by the Public Works Department, all such street lights shall become property of the City of Meridian. Said street lights shall be constructed in, and be subject to, the permanent public utilities, drainage and irrigation easement over the outer ten (10) feet of each lot that is adjacent to and parallel with any street in said subdivision, for the benefit of Meridian for the purpose of installing and maintaining the City-awned street light fixtures, conduit and wiring. 2.5 Temporary Structures. No structure of a temporary character, trailer, basement, tent, s~ garage, barn or other outbuildings shall be used on any lot at any time as a residence, either temporarily ar permanently. No trailer, camper, mobile home, camper-truck or other similar vehicle shall at a~ time be used as a residence, either temporarily or permanently on any part of said property. 2.6 Vehicles. Nan-working or commercial vehicles of one ton or greater shall not regularly or as a matter of practice be parked om any lot or street adjacent to the Properties unless properly garaged. 2.7 Motor Hanes and Recreational Vehicles. Parking of boats, snow mobiles (on or off trailers), trailers, motor hares, motorcycles, trucks, truck-campers, any recreational vehicle and like equipment, or junk cars or other unsightly vehicles shall not be allowed on any part of said property nor on public ways adjacent thereto, excepting only within the confines of an enclosed garage, or adjacent to a residence in an area fenced from the view of the street and adjacent properties and _ not within the front yard set-back area, and no portion of the same may project beyond the enclosed area except under such circt~stances, if any, as may be prescribed by written permit approved by the Architect- ural Control Ccamittee. All other parking of equipment shall be pro- hibited-except as approved in writing by the Architectural Control Cc~ami.ttee . 2.8 Dumping. No part of said property shall be used or maintained Declaration of Covenants - Page 3 • as a dumping ground for nebbish, trash, garbage or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of said Property except in a sanitary container. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 2.9 Noxious or Offensive Uses. No noxious or offensive or unsightly conditions s 1 permitted on any part of said Property, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 2.10 Parkin Ri ts. Any automobile or other vehicle used by any owner shall a par in the driveway or garage which is apart of his dwelling unit. 2.11 Electronic and Other Equipment. No television antenna, radio antenna, satellite sTie-microwave receivers, wind generators, solar collecting devices, or related types of equipment shall be installed on any lot or the exterior of any residence or structure located upon any lot without the prior written approval of the Architectural Control Co~mittee, which approval may be withheld in said coamittee's sole and absolute discretion. 2.12 Unsafe or Hazardous Activities. No activity shall be con- ducted on or in any improvement ovate upon any lot which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said property; no open fire shall be lighted or permitted on the property except in aself-contained barbecue emit while attended and in use for cooking purposes or within a safe, well-designated interior fireplace. 2.13 Li t, Sotaid and Odor. No light shall be emitted from any lot which li t is unreas y~right or causes unreasonable glare. No srnmd shall be emitted from airy lot which is unreasonably loud or armoying. No odor shall be emitted an any property which is nox;.ous or offensive to others. 2.14 Maintenance of Landscaping. Each owner shall maintain the Landscaping on the owner's respective lot, including trees and other landscaping, in a neat,~clean and attractive condition. In the event that an owner should fail to do so, the Association shall have the right to enter upon such owner's lot and perform such maintenance, repair, or replacement as may be required at the sole cost and expense of the owner. 2.15 Basketball Backboards and Rims. No basketball backboards yr basketball rims, with or wi t nets attached, shall be affixed or installed on the exterior of any residence or structure located upon any lot and the same shall only be installed or affixed upon a suitable metal pole as approved by the Architectural Control Committee. ARTICLE III Buildin Restrictions 3.1 Building Restrictions. No ui shall be erected, altered, Declaration of Covenants - Page 4 placed or permitted to remain on any lot other than one (1) detached single-family dwelling, containing a minims„ of 1,300 square feet of interior living space, except that all lots in Block 1 shall requite a miniman of 1,5 50 square feet of interior living space, and a private garage for not less than two (2) Ivor more than four (4) vehicles. Each dwelling trait may not be occupied by more than one (1) family. A11 restrictions and requirements shown on the Plat shall apply to each building lot and improvements placed thereon. 3.2 Set-backs. Building set-backs shall be in accordance with the zoning ordinance at the time of issuance of the building permit. 3.3 Height Restrictions. No buildings shall be erected, altered, placed or permitted to remain on any lot which exceed thirty (30) feet in overall height, as meast~ed from the highest point-on the top of the fotmdation. 3.4 Detached Structures. No structure or above-ground improve- ments steal a peanitte an any lot which are detached or separated from the principal structure tmless located within a reasonably compact area adjacent to the principal structure and tmless designed as a single visual element connected or related visually with the principal struct- ure by fencing or other architectural features and in accordance with other requirements of these Covenants. 3.5 Loving of Buildings. No building or other structure shall be moved onto sa~.d real property from any location outside said property. 3.6 Size of Lot. All residential building sites subject to these Covenants shall remain of the size and dimensions shown upcat the recorded plat referenced herein, save and except where a change may be made in accordance with the provisions of these Covenants and the law thereunto appertaining. 3.7 Building Materials. All buildings shall be of frame, stone, brick, or stucco construction and, if other than brick or stone, shall be finished and painted and kept in good repair. Masonry trim will be required on all buildings. All buildings and i~ravements shall maintain the quality of worl~ship and materials and be in harmony of external design with existing structures and shall be located in harnYmy with the topography and finish grade elevation of adjacent structures. All roof colors and u-3terials must be in writing by the Architectural Control Canmittee. All roofs shall have a minimum pitch of 5/12 with the exception of patio coverings on the rear of the home, and at least two (2) exterior lights for the garage door opening and one (1) exterior light for the front entry way(s), 3.8 Lands within thirty (30) days after the completion of a dwelling trait, the •ot upon which said dwelling twit is located shall have in the front yard a rolled (sod) lawn, two (2) deciduous or conifer trees at least two (2) inches in diameter as approved by the Architectural Control Coumittee. , 3.9 Sewer Restrictions. All bathroom, sink and toilet facilities Declaration of Covenants -Page S shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by undergrrnmd pipe to wetline sewer connection lines which have been provided to each lot. All recorded lots within this subdivision shall be subject to and restricted by the following covenants. 1. A monthly sewer charge must be paid after connecting to the Meridian public sewer system, according to the ordinances and Laws of Meridian. 2. The owner shall submit to inspection by either the Department of Public Works or the Department of Building whenever a subdivided lot is to be connected to the sewage system constructed and installed on an within the owner's property. 3. The applicant/owner of this subdivision or lot or lots therein shall and hereby does vest in 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 required and to enforce the conditions herein stated. 3.10 Water S I Domestic water for the subdivision shall be provided by r p ityr~ idian municipal water system. The owner may not, at any time, drill or excavate a well, and shall only use water from the central water system installed by the Declarant, or extensions and additions to the system which the Declarant, or the corporatign, association, or company approved by the Declarant may install, un3.ess Declarant, in its discretion, waives this requirement. Owner _ understands and agrees that the Declarant, or corporation, association, or goverment entity established to furnish domestic water, will _„ establish rates, by-laws, rules and regulations regarding delivery.of water and the maintenance of the water system, and the owner agrees to be brnnzd by the same. 3.11 Access to North Hickory Way. No direct access to North Hickory Way is algid-unless said access is specifically approved by the Ada Camty Highway District. ARTICLE IV Fences and Hedges No fences, hedges or boundary walls situated upon a building site shall be constructed except upon approval of the Architectural Control Coamittee as provided in these covenants. Chain-link fences are hereby prohibited on any residential parcel except as required by the Declarant or a public agency~to secure utility sites, irrigation or drainage facilities or other public uses as deemed necessary. Decl..arant may construct a perimeter fence on one or more sides of the subdivision and that portion of any such fence on the perimeter of the lot where the same is situated shall be maintained by the subsequent Declaration of Covenants - Page 6 ! i owners thereof in a state of good condition and repair. The perimeter fence will not be owned by the Declarant, nor shall said fence be subject to maintenance by the Declarant. 4.1 De~si~. Subject to dimensional and location criteria which follow, all c s which are placed an any residential parcel shall be of cedar, redwood, or such other construction or materials as may be authorized at the discretion of the Architectural Control Committee. Hedges or other solid screen planting may be used as lot line barriers subject to the same height restrictions as fences. 4.2 Height and Location. No fence or hedge situated anywhere on any building sites I1Tia -a height greater than six (6) feet ors h other heights as the Architectural Control Committee may specify, above the finished grade surface of the ground upon which such fence or hedge is situated. No fence or hedge with an elevation shave three (3) feet shall be permitted in front of building set-back requirements or the front of the dwelling structure, whichever is greater, without the prior special written consent of the Architectural Control Committee. 4.3 Site Obstruction. No fence, hedge or shrub planting which obstructs site roes an a evations between three (3) and eight (8) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property ]fines and a line connecting them at points twenty-five (25) feet from the inter- section of the street lines, or in the case of a rounded property corner, from the intersection of the street property Lines extended, The same site-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain. wi-thin such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such site lines. 4.4 Site Fences. The construction and maintenance of a spite fence or spite trees s 11 be prohibited upon any building site. The determination by the Declarant that any wall, fence, hedge~or tree falls within the latter category shall be conclusive upon all parties. ARTICLE V Easements 5.1 Electrical and Telephone Service. All lots shall be served by underground electrical and telephone lines. The services shall be installed in street or easement rights-of-way as platted. Each owner agrees to pay for costs and hook-up charges as established by the applicable electrical and telephone utility companies as a condition precedent to connecting thereto. The Declarant shall not be liable for the cost thereof, but may recover funds advanced, if any, to obtain preliminaYV installation. 5.2 Platted Easements. The Declarant reserves such easements as shown and note an p t far said subdivision far the purpose of Declaration of Covenants.- Page 7 constructing water mains, electric distribution lines, sewer lines, gas pipelines, and such other public utilities as may be necessary, conven- ient and desirable for the owners of lots within the subdivision. 5.3 Maintenance of Easement Areas. The easement area of each lot and all improvements in it s u~intained continuously by the owner of the lot except for those improvements for which a utility company is res public authority or last possible. Within said easements, no structure, P fig, or other material shall be placed or permitted to remain which may damage or interfere with the 1TCtallation and maintenance of utilities or which may change the direction or flow of water through drainage channels in the easements. 5.4 Landsc a Easements. The Declarant reserves such easements as shown and note on sai pat on portions of Lot 1, Block 2; Lots 1 and 23, Block 4; Lot 1, Block 5; and hots 1, 2, 3, 4 and 10, Block 1, which are hereby designated as '7randscape Easements" Withinsaid landscape easements, the Declarant may cons~uct and establish such improvements and landscaping as the Declarant may deem appropriate, which in~rave- ments and landscaping will not be owned by the Declarant, nor shall the same be subject to maintenance by the Declarant, The selection of landscaping, and any charges or alterations, on Lot 1, Block 8, shall be subject to approval of Capitol Christian Center, the owner of the adjoining p~~erty. Lot 1, Block 8, may be improved and landscaped in a manner whi-ch emphasizes a religious motif due to the proxiaut3, of the church ProP~Y• Maintenance of all improvements and landscaping within said landscape easements shall be the responsibility of the Association, The Association shall have the sole and exclusive right to determine the nature of such improvements and landscaping after the same have been installed by the Declarant and the Association may levy assessments far the repair or replacement of the same as hereinafter provided. The owners of the lots affected by such landscape easements shall not place any structures, planting or other materials in said landscape easement areas without the prior written approval of the Association. ARTICLE VI Declarant Repurchase Option The conveyance hereby made is further made subject to the condition and agreement by which the owner agrees that, within a period of two (2) years following the date of delivery of any deed by Declarant conveying any plot, tract or lot, the construction of a dwelling house in compli- ance with the restrictions herein will be commenced upon the described real property. The term "construction will be comme<ced", as used dwelin, shall require actual physical construction activities upon such ing house or structure upon said real property, In the event that the owner shall fail or refuse to co®ence construction of such dwelling house or structure within said two (2) year Period,. the Declarant shall have the discretionary option, but not the duty, to repurchase the above described real property from the owner ar the then owner or owners thereof at a repurchase price equal to the purchase price paid to the Declarant, less an amount eq~, to ten percent (10X) thereof, In the event that the Declarant shall exercise its discretionary option to Declaration of Covenants = page g • repurchase said real property, the owner or then owners of said real property shall, upon tender of payment of said repurchase price, make, execute and deliver to the Declarant a good and sufficient deed re- conveying to the Declarant the above described real property. This provision shall be binding upon all persons who may, at any time here- after, own or claim any right, title or interest in and to said real property, whether acrniired by voluntary act or through operation of law. ARTICLE VII Prosecution of Construction Work The construction of the dwelling house and structures shall be prosecuted diligently, continuously and without delays from time of coamencement thereof until such dwelling house and structure are fully completed and painted. All structures shall be completed as to external appearance, including finished painting, installing yard turf and land- s~P~, ~~ eight (8) months from the date of ceamencement of con- struction, unless prevented by causes beyond the control of the owner and only for such time that such cause continues. ARTICLE VIII Architectural Control 8.1 Architectural Control. No building shall be erected, placed or altered on airy lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Committee as to the quality of worl®anship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot unless similarly approved. No dwelling, fence, building, garage or other structure shall be built, erected or placed, materially altered or materially repaired which shall alter the surface colors or texture of any unit or portion thereof unless and until plans, specifications and color scheme have been reviewed in advance by the Cc~ittee and the same has been approved in writing, conditionally or otherwise. The regrniirements as to design and color shall apply only to the exterior appearance of said iu~rovanents, it not being the intent of these restrictions to control interior repair or alteration, with the exception of alteration of a garage or carport into a living area. 8.2 .A~roval of Construction. Plans of all structures to be erected on any of must e s 'tted to and approved by the Architectural Control Committee. Complete plans and specifications of all proposed buildings and structures, together with a detailed plan showing the proposed location on a particular lot,. shall be submitted to the Architectural Control Coamittee before any construction or alteration is commenced, and such construction or alteration shall not be coau~enced until approval therefore is given by the Committee. . 8.3 Architectural Control CoQUdttee Discretion. As to all improvements, construction and alteration upon any lot, the Caamittee Declaration of Covenants - Page 9 • shall have the right to refuse to approve any design, plan or color for such improvements, constriction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing on such design, plan or color, the Committee shall have the privilege in the exercise of its discretion to take into considera- tion the suitability of the proposed building or of the structure, the materials of which it is to be built, and the e_~cterior color scheme in relation to the site upon which it is proposed to be erected, The Coaarittee may also consider whether the proposed structure and design shall be in harmony with the siaroundings, the effect of the building or of the structure or alterations therein as plarmed when viewed from adjacent or neighboring property, and any and all other facts which, in the Committee's opinion, shall effect the desirability of such proposed structure, improvement or alteration. Actual construction shall coa~ly substantially with the plans and specifications as approved. In the event that the Architectural Control Committee does not act on any such proposal within thirty (30) days after coa~lete plans and specifications have been submitted to it, said proposal shall be deemed approved, 8,4 Members of Co~mittee. The Architectural Control Cc~amittee shall be irut~.a y comprise o Roger Warrick and David E. Leader, All requests for approval of matters upon which the Architectural Control Committee has authority to act shall be submitted in writing to David E, Leader at 110 Parkway Drive, Boise, Idaho 83706. Each of said persons shall continue to serve on the Architectural Control Committee until such time as he has resigned or his successor has been appointed, as provided herein, The Committee shall consist of not less than two (2), nor mare than five (5), members. 8.5 Right of A~~tment and Removal. As long as the Declarant shall be me owner of at least s%x~- o s in the subdivision, the Declarant shall have the right to appoint and remove all members of the Architectural Control Committee. Thereafter, the Board of Directors of the Association shall have the right to appoint and remove all members of the Committee, 8,6 atian of Committee Members The members of the Architectura Contro Co®ittee sha~~ receive no compensation for services rendered, other than reimbursement for expenses inctaz~ed by them in the performance of their duties hereunder, which reiminssement shall be made by the Association. 8.7 Nan-liability of Committee Members. Neither the Architectural Control Commnttee, nor any er ereo ,nor its duly authorized com- mittee representative, shall be liable to the Association, or to any owner or grantee for any loss, damage or injury arising out of or in here-.mder~unless due tto therwill.fulc misconduct bad,faith of the Committee or member thereof. ARTICLE TX Dove Meadows Homeowners Association 9.1 Orgaiu.zation of Association. The Dove Meadows Ha~eowners Declaration of Covenants -Page 10 Association ("Association") shall Corporation, tinder the provisions non-profit corporations and shall vested with the powers prescribed of Incorporation, By-Laws and this nor the B -La ha CJ be organized by Declarant as an Idaho of the Idaho Code relating to be charged with the duties and in- by law and set forth in the Articles Declaration. Neither the Articles or interpreted so aslt fbe inconsisten'tbwi~ttis D~eclara use changed 9.2 Membershi Each owner, including GYantees and Declarants, of a lot by v~.rtve o eing such an owner, and for so loci as ship is maintained, shall be a member of the Associatiogiz, and no owner shall have more than one 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 app~sten- ant to the lot owned by such owner. The memberships in the Association shall not be transferred, pledge or alienated in any way except upon the transfer of title to said lot and then only to the transferree 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. The Common Area lot shall not have membership r~r voting rights, 9.3 Votin The Association will have two (2) classes of wring memberships. 9.3.1. Class A Membersht~ Class A members shall be the owners, wit a exception of the Declarants, and shall be entitled to one (1) rote for each lot owned. When more than one person holds an interest in any lot, alI such persons shall be members, The rote for such lot shall be exercised as they dete~lTP, but In 17o event shall more than one vote be cast with respect to any one lot. 9.3.2. Class B Membershi The Class B member shall be the Declarants. Upon the first sale of a lot to an owner, the Declarants shall thereupon be entitled to six (6) rotes for each lot of which Declarants are the owners. The Class B Membership shall cease and be converted to Class A Membership on the happening of either of the following events, whichever occurs earlier: (a) When the total rotes outstanding in the Class A Membership equal the total rotes outstanding in the Class B l~.embership; or (b) On January 1, 1999. 9.4 -Board of Directors and Officers. The affairs of the Associations c to y a Boar of Directors and such officers as the directors may elect or appoint in accordance with the Articles and By-Laws, as the same may be amended from time to time. The initial Board of Directors of the Association shall be incorporators or their successors and shall hold off ce anti the first Dual meeting at which time a new Board of Directors shall be elected Declaration of Covenants -Page lI in accordance with the provisions set forth in the By-Laws. 9.5 Powers of the Association. The Association shall have all of the powers of a non-pro it 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 By-Laws 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 By-Laws, and to do and perform any and all acts which may be necessary or proper for, or incidental to, the r and operation of the Common Area and the performance of t~o~ get responsibilities herein assigned, including, without limitation; (a) Assessments. The power to Levy assessments (annual, special and limite ) on the owners of Lots and to enforce payment of such assessments, all in accordance with the provisions of this Declaration. (b) Ri;~ht of Enforcement The power and authority from time to time ~.n its own name, on its own behalf or in behalf of any owner or owners who consent thereto, to comaence and maintain actions and suits, to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the By-laws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. (c) Dele ation of Powers. Zhe authority to delegate its power and duties to coamittees, o icers, miployees, or to any person, firm or corporation to act as wager, Neither the Associ.atian nor the members of its board shall be liable for any omission or improper exercise by the manager of any such duty or p~ so delegated. (d) Association Rules. The power to adopt, amend and repeal by majon.ty wte o Board, such rules and regulations as the Association deems reasonable. The Association rules shall govern the use of the Common Area by the owners, families of an owner, or by an invitee, licensee, lesses, or contract purchaser of an owner; provided, however, that the Association rules may not disc m;n~te among owners and shall not be inconsistent with this-Declaration, the Articles or By-laws. A copy of the Association rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each owner and a copy shall be posted in a conspicuous place within the Common Area. Upon such mailing or delivery and posting, said Association rules shall have the same force and effect as if they were set forth in and were a part of this Declaration. In the event of any conflict between any such Association rules and any other provisicns of this Declara- tion, or the Articles or By-Laws, the provisions of the Association rules shall be superseded by this provisions of this Declaration, the Articles or the By-Laws to the extent of any such inconsistency. Declaration of Covenants - Page 12 • (e) Emergency Powers. The Association or any person authorized by the Association may enter upon any lot in the event of an emergency irnrolving illness or potential danger to life or property or when necessary in coimection 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. (f) Licenses Easements and Rights-of Way. The power to grant and convey to any party s -licenses, easements and rights-of- way in, on or under the Coon Area as may be necessary or approp- riate for the orderly maintenance or preservation and enjoyment of the Common Area and for the preservation of the health, safety, corrvenience and welfare of the a~mers. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty- one (21) years after the death of the individuals executing this Declaration, on behalf of the Declarants, and their issue who are in being as of the date hereof. 9.6 Duties of the Association. In addition to power delegated to it by the Artic es, without inviting the generality thereof, the Association or its agent, if any, shall have the obligation to conduct all business affairs of co~man interest to all owners, mzd to perform each of the following duties: (a) Operation and Maintenance of Cowman Area. Operate, maintain or otherwise manage or provide or the operation, maintenance and management of the Comm Area including the repair and replace- ment of the property damaged or destroyed by casualty loss and all other property acgrn~ired by the Association. (b) Landscape Easements. Operate, maintain or otherwise manage or provide or a operate n, maintenance and management of the landscape easements established or otherwise acquired in fawn of the Association including the repair and replacement of property damaged or .destroyed by casualty or loss. (c) Taxes and Assessments. Pay all real and personal property taxes assessments separately levied against the Common Area awned and managed by the Association ar against the Association and/or any Property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state or local, including income or corporate taxes levied against the Association in the event that the Association is denied the status of a tax exempt corporation. (d) Water and other Utilities. Acquire, provide and/or pay for water, electrica an o necessary services for the Ccumon Area and other property awned or managed by it. Declaration of Covenants -Page 13 (e) Insurance. Obtain, from reputable insurance companies autho- rite to usiness in the State of Idaho, and maintain in effect policies of insurance on any improvements, equipment and fixtures awned and managed by the Association and comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual owners and agents and employees of each against any liability incident to the ownership and/or use of the CoQmon Area or other property owned or managed by the Association, directors and officers liability insurance and such other insurance to the extent necessary to comply with all applicable laws 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 possessicn of an Association funds or other property. Insurance premiums shall be deemed a com®on expense to be included in the annual assessments levied by the Association. (f) Rule Making, Make, establish, promulgate, amend and repeal the Association rules. (g) Architectural Cocmattee. Appoint and remove members of the Architectura Contro Committee, subject to the provisions of this Declaration. (h) 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. 9.7 Personal Liability. No m®ber of the Board, nor any committee of the Association, nor any officer of the Association, nor the Declarant, nor the manager, if any, shall be personally liable to arty owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on accrnmt 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 Ccumi.ttee, or any other c®i.ttee, or any officer of the Association, or the Declarant, provided that such person has, upon the basis of such informatiron, as may be possessed by him, acted in good faith without willful or intentional misconduct. ARTICLE X Covenant for Maintenance Assessments 10.I Creation of the Lien and Personal Obl' ation of Assessments. The Declarant, for each Iot awned within the properties, hereby_ covenants and 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 to the Association: (a) AYmual regular assessments or charges, and (b) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided, and Declaration of Covenants -Page 14 • (c) Limited assessments as hereinafter provided. The annual, special and limited assessments, together with interest, costs and reasonable attorney's 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 successors in title unless expressly assumed by them. 10.2 Purpose of Assessments. (a) mar Assessments. The regular assessments levied by the Association shaleused exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the improvement and maintenance of the Comtron Area and the performance of the Association's duties with respect to the landscape easements. (b) Special Assessments for Capital Ia~rovements. In addition to the arunLal regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improve- ment upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of trap-third (2/3rds) of the votes of each class of members who are wting in person or by proary at a meeting duly called for this purpose. (c) Limited Assessments. The limited assessments may be levie aga~r~st any owner in an aurnait equal to the cost and expenses incurred by the Association, including legal fees, far corrective action necessitated by such owner, including without limitation, costs and expenses inctsred for the repair and replacement of the Common Area or other property owned or maintained by the Association, damage by negligent or willful acts of an 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 the owner as provided herein. 14.3 Maxim~~ Arazual Assessment. Until January 1 of the year in which the first regular assessment commences pursuant to Section 10.6 herein, the maximum regular assessment shall be $60.00 per lot, ar $5.00 per month. (a) From and after January 1 of the year immediately following the first regular assessment, the maxims cranial assessment may be increased each year not more than ten percent (l0Z) above the maxiaaan assessment for the previous year without a vote of the Declaration of Covenants -Page 15 • • membership of the Association as provided below. (b) From and after January 1 of the year iIImediately following the first regular assessment, the a~ual assessment may be increased above ten percent (10~) by a vote of two-thirds (2/3rds) of the owners who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximtm. 10.4 Notice of Drum. Written notice of any meeting called for the purpose o sing any action authorized tinder Sections 10.2(b), and 10.3 shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60x) of all of the votes of each class of membership shall constitute a quorum. If the required gtwrum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall beone-half (1/2) of the required quorum at the preceding meeting. No such subse- quent meeting shall be held mire than sixty (60) days following the preceding meeting. 10.5 Uniform Rate of Assessment. Both armual and special assess- ments must fixed at a orm rate for all lots and may be collected an a quarterly or anta~al basis; provided, however, that during the r~,,,A there is a Class B member, such Class B member's obligation shall be limited to payment of all expenses of the Association from the inception of the subdivision tmtil regular assessments comrence as set forth in Paragraph 10.6 herein. The Class B members shall have no fta Cher obligation for assessments until a lot is conveyed to an owner other than the Declarant, at which time assessments shall caamertce for the lot conveyed. 10.6 Date of Commencement of Armual Assessments -Due Dates. The annual re assessments prove or erect s commence as to all lots an the first day of the seventh (7th) month following the conveyance of the Common Area. The first azmual assessment shall be adjusted according to the ntrober of months r~;r, ~ in the calendar year. The Board of Directors shall fix the amount of the aran~al assessment against each~lot at least thirty days in advance of each annual assessment period. Written notice of the aran~al assessment shall be sent to every owner subject thereto. The due date shall be established by the Board of Directors. The Association shall, upcm demand, and far 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. 10.7 Non Any assessment bear interest Declaration of Covenants -Page 16 • ~~. 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 far the assessments provided for herein by non-use of the Common Area or abandornnent of the owner's lot. 10.8 Subordination of the lien to Mort es. The lien of the assessments prove or re~.n s s r to to the lien of any first a~rtgage, 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 extir~guis the lien of such assessments as to h Pa3'm~t wh~.ch became due prior to such sale or transfer, No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE XI 1`'lortgagee Protection Notwithstanding anything to the contrarq contained in this Declaration, or in the Articles and By-Laws of the Association: 11.1 Reserve Fund. The Association shall maintain an adequa reserve Raid or performance of its obligations, incl to tenance, repairs and replacement of those cannon elements azid ~rov~e-~ masts thereon, and such reserve shall be fiaided by at least quarterly assessments, II.2 Examination of Books and Records. The .holders of first mortgages s 11 have the right to examine the books and records of the Association and to obtain anrnial reports or other appropriate financial data. 11.3 Management Agreements Any management Properties or Ccan~an Area, or any other contract ~ t for the of the devel er s P ding for services oP ponsor or builder, shall be terminable (i) by the . Association for cause upon thirty (30) days written notice thereof, and (ii) by either party without cause and without fee on ninety (90) days or less written notice t~here~of,oand ~e~texmt of any such agreement shall not exceed one (1) year, _ 11.4 Subordination of Lien. Any lien which the Association map such unitanc~ll be subordinate to theyliennt ~ assessments attributable to interest of any mortgage on the unit recorded prior totthe date notice of such assessment lien is duly recorded. 11.5 Restrictions on Association. Unless all institutional holders of st mortgages given their prior written approval, the Association shall not: (a) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Commas Area property owned, directly Declaration of Covenants -page 17 • or indirectly, by such Association for the benefit of the owners. The granting of easements for public utilities or for other public purposes consistent with the intended use of such Comnan Area property shall not be deemed a transfer within the meaning of this clause. (b) Change the method of determining the obligations, assessments, dues or other charges which may be levied against an owner. (c) By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of dwelling units, and the maintenance of Conunn Area property, party walks, or coon fences and driveways, or the upkeep of lawns and plantings in the subdivision. (d) Use hazard insurance proceeds for losses to any Common Area property for purposes other than the repair, replacement or reconstruction of such Comnrnz Area property, (e) Amend materially this Declaration, or the Association's Articles of Incorporation, or its By-Laws, (f) Terminate professional management and assume self-a~age- went of the properties. ARTICLE XII Armexation 12.1 Land Subject to Annexation The Declarants may, at any time, add to the property which is covered by this Declaration, all or any portion of land then awned by the Declarants which is contiguous to the real Property heretofore described in this Declaration. 12.2 Effect of Armexation. Additional land which is added to the property whic is covered~s Declaration shall be separately described by phase rnanbers or similar designations. All of such Property armexed hereto shall be held and conveyed upocl and subject to the easements, conditions, covenants, restrictions and reservations set forth herein. The owners of each such lot in annexed property shall, by virtue of being an owner of such a lot, be a member of the Association as described in Article IX herein. The Declarant may, by a Supplemental Declaration, add and convey additional caQman area property to the Association. 12.3 Notice of Annexation, Upon the recording of a Notice of Annexation, as in action 12.4 herein, which notice may be contained within a Supplemental Declaration affecting such property, the Covenants, Conditions, and Restrictiens contained in this Declaration shall apply to the added land in the same manner as if it were originally covered by this Declaration and originally constituted a portion of the project. Thereafter, the rights, privileges, duties and liabilities of the parties to this Declaration with respect to the added Declaration of Covenants -page 18 • land shall be the same as with respect to the original land, and the rights, privileges, duties and liabilities of the owners, lessees, and occupants of lots within the added land shall be the same as in the case of the original land. Notwithstanding the foregoing, any Supplemental Declaration may provide a special procedure for amendment of any specified provision hereof, including, but not limited to, requiring a specified vote of only the owners of lots within the area subject thereto. Any provision of a Supplemental Declaration for which no special amendment procedure is provided, shall be subject to amendment in the mariner provided in this Declaration. 12.4 Procedure for Armexation. Any portion of the land described in Schedule A may annexe into the project by the recording of a Notice of Aimexation executed by the Declarants and containing the following information: (a) A reference to this Declaration, which reference shall state the date of recording hereof and the Recorder's Instru- went N~ber or the book and page of the official records of Ada. Crnmty, Idaho, where this Declaration i.s recorded; (b) An exact legal description of the added land; (c) A statement that the provisions of this Declaration shall apply to the added land, as set forth herein; and (d) A statement of the use restrictions applicable to the annexed property, which restrictions may be the same or different from those set forth in this Declaration. ARTICLE XIII General Provisions 13.1 giforcement. The Association, or any owner, shall have the right to enforce, any proceeding at law or in equity, all restric- tions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 13.2 Severabili Invalidation of any one of these covenants or restrictions y jud~ent or court order shall not affect any other Provisions which shall remain in full force and effect. 13.3 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, far a tern of twecity (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 instn~ent signed by seventy-five percent (75Z) of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part. . 13.4 No Right of Reversion. Nothing herein c~tained in this Declaration of Covenants -Page 19 • • Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling said property or any part thereof, shall be deemed to vest or reserve in Declarant any right of reversion or re-entry for breach or violation of any one or more of the provisions hereof. 13.5 Benefit of Provisions - Waiver. The provisions contained in this Declaration s and inure to the benefit of and be enforce- able by Declarant and the owner and owners of any portion of said property, and their heirs and assigns, and each of their legal representatives, and failtne by Declarant or by any of the property owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. 13.6 Asst b Declarants. Any or all rights, power and reservations of"Declarants ere contained may be assigned to any other corporation or association which is now organized or which may hereafter be organized, and which will assume the duties of the Declarants here- under pertaining to the particular rights, power and reservations assigned; and upon any such corporation or association evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarants herein. All rights of Declarants hereunder reserved or created shall beheld and exercised by the Declarants alone, so long as Declarants own any interest in any portion of said property. 13.7 Amendment. This Declaration of Restrictive and Protective Covenants may a amended by written instnanent duly notarized and recorded containing the signatures of not less than two-thirds (2/3rds) of the lot owners within the subdivision. IN WITNESS WHERDOF, The undersigned being the Declarants herein, have hereunto set their hands and seals this ~_°"~'day of July, 1994. Davi ader ~ ~~ _ ~ .~~ M~ Declaration of Covenants - Page 20 ~, . STATE OF IDAHO ) ss County of Ada ) ~ this _~~day of July, 1994, before me, the Lmdersigned, a Notary Public in and for,,,~aid county and state, personally appeared DAVID E. LEADER and MfARY'-I~FADER, husband and wife, lmown to me to be the persons whose names are subscribed to the within instrument, and ac~mowledged to me that they executed the same. IN WITNESS WH~tEOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~yOT~ N r * •"" ~, t pUB LZG .~~.,,.~~9r .N X40 Notary lic or I Residing at Boise, Idaho My Coam:i.ssion expires :_ ~~~ ~l~?7 ' 5`t066`t31 ...I~iON~'~-~ BOISE (U '9`i J L 13 Ai~i 30 FEE ..._._ ~~r ._ RECORu'tU i,i .ii; i:E~'JEST OF Declaration of Covenants -Page 21 1~-LEY'S LAND cos south 4~ s~t Boise, Idaho 83702 SURVEYING (208) 385-os3s Fax (208) 385-0695 January 8, 1996 Project 1165-2 TO: Anna City of Meridian FROM: Ted Hutchinson RE: Dove Meadows Subdivision #2 (~ For your action (~ For your files Anna: Here are the additional five (5) copies of the revised preliminary plat for Dove Meadows Subdivision #2. Also attached is a copy of the covenants. These were inadvertently omitted from the previous packet. Thank you. Ted SUBDI~ION EVALUATION SHEET• Proposed Development Neme DOVE MEADOWS Shia Nn_ ~ City MERIDIAN Date Reviewed _ 12/28/85 Rrsltmtnary Stage XXXXx Flnal Engineer/DevelOper __ Tsa{aX'a Land Sy~Yjpg / Davc Ltadar The Street name comments Cstad below are made by the members of the ApA COUNTY STREET NAME COMMITTEE {under direction of the Ada County Engineer) ngarding this development in accordance with the Boise City Street Nams. Ordinance. • " ~yV - 17 v~ W~ "EAcT C OP~WOOD DRIVE" "EAS T APRI COT DR IVE " aS T ApRI n'r ~n ~iaT" "N. G INKG O AVEN UE" ' N ORTH M ADO W ,l N e ~e ~i 1F• 'FAST _ eR NF STR EET" • Ac T r~ ea cnic r~ n~ nor" e fel ~~jas new street name i s e'~ra ved an d eh^11 apesar on the eist a^~ "NORT H RE9 A AVE NUE" The above street name comments have been read and approved by the foilowin9 agency reprger~tativss of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must bs secured by the representative or his designaa in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEf~OE~tCY gF~SENTATIVES OR DESIONEEB Ada County Engineer John Prisater ~ Dots .f Ada Planning Assoc. Terri Raynor Date ~ d ~5~ Chy of Meridian Representative pate !' ~ Meridian Fire Dapt. Representative Date ~='~9"~~ post-It' Fax Nota 7671 ~ ~_ ~,- Tb -j Frmn co co. Pnor~s ~ PAons. K be presented to the Ada County Engineer et the fie plat w{h not be signed 111{ . 3N~ Section ~ L~fS' ~~ • s MERIDIAN CITY COUNCIL MEETING: APRIL 2.1996 APPLICANT: ITEM NUMBER; 3 REQUEST; PRELIMINARY PLAT FOR DOVE MEADOWS NO 2 SUBDMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: j~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~u~ ~L~ ib'`'is OTHER: All Materials presented at public meetings shall become property of the City of Meridian.