HomeMy WebLinkAboutLetter from Bob & Lesa Becker
Bob and Lesa Becker
3421 S. Selatir PI.
Meridian, ID 83642
362-3249 (home) 367-2338 (work)
Email: bbecker3@cableone.net
RECEIVED;
MAY - 2 2006
City of Meridian
City Clerk Office
April 29, 2006
RE: Hendrikson AZ 06-012 and PP 06-010
Dear Mayor DeWeerd and City Council:
Weare writing to oppose the proposed stub street on the northern boundary of the
Hendrikson development. The Hendrikson development will connect to Kingsbridge
subdivision, a large urban-density-subdivision with connections to Eagle Rd, and future
access to Bott Lane which connects to Cloverdale. The Meridian Planning and Zoning
commission has expressed their support of removing this stub street during their
review of the Hendrickson plans.
I would like to swnmarize my six concerns about tills proposed stub street:
1. South Selatir Place was originally designed as a dead end culdesac with access to
6 large acreage estate lots. It is 23.5 feet wide. If one car is parked on each side
of the road, there would barely be enough room for a car to pass in the traffic
lane. There are no sidewalks. The open barrow pits on each side of the road are
used to pass irrigation run off from our pastures to the drainage ditch. Selatir is
not wide enough to handle urban density subdivision traffic being dumped
onto this road.
I -,
2. District Stub Street Policy 7203.5.1 states "street design in a proposed
development shall not cause undue hardship to adjoining property." With traffic
conditions as they are on Eagle Road, it is reasonable to expect that residents of
both Kingsbridge and Hendrickson subdivisions would use Selatir Place as a cut
through to access Victory Road - thus avoiding Eagle. Selatir would become
the next Meridian Speedway; creating a hardship for our small, rural density
estate lot subdivision. The traffic would make it impossible for cillidren to walk
or ride their bikes on tills narrow country lane, which now serves only 13 homes.
3. Selatir Place was not designed to handle urban density traffic. The roadway is
already failing along the edges in front of our property due to the weight of a
weekly visit from the Garbage truck. It is a sub-standard road. If you permit
future urban density subdivision traffic from Hendrikson and Kingsbridge to
access tills road via the northern stub street, you should require the developerJo
upgrade the road as required by district policy7204.4.2, willch states that
development with buildable lots less than 1 acre will provide streets having a
minimum pavement with of 32 ft with curb, gutter and sidewalks. Selatir Place is
only 23.5 ft. wide.
4. In our discussions with Lori Den Hartog at ACHD, she indicated that the
Hendrikson northern stub street will allow access to development of property to
the north. The property is owned by our next door neighbor, Dan Johnson. Mr.
Johnson's property is only 5.75 acres (Attachment A). Protective covenants
prohibit development of that property into anything less than 1 acre lots
(article I, Section 6 in Attachment B). Based on these restrictive covenants, which
all of the neighbors plan to enforce by legal action if necessary, Mr. Johnson will
only be permitted to develop a maximumof 4 lots on his property since ills home
occupies at least one of the 5.75 acres.
Ms. Den Hartog indicated she thought Mr. Johnson would be able to be develop
his property at urban density, if it were annexed. This is not the case. We have
consulted with a property law attorney to discuss this issue. The Restrictive
Covenants can be upheld through private legal action.
5. Mr. Johnson already has aCcëss to his property trom -Selätir PlaCe. Ifhe chooses
to develop the permitted 4 one-acre lots, they can be easily accessed by extending
the Selatir culdesac directly onto ills property. There is no need for a stub street
to access any future development.
6. Finally, during our conversations with Ms. Den Hartog, she indicated the stub
street was necessary to access the back of our 5 acre estate lots. She said, "Your
houses are all at the front of your property." I have drawn the approximate
location of our houses on Attachment A. Most houses are set back at least 150 ft.
from the street, and are placed near the center of our 5+ acre estate lots. Should
any of our neighbors choose to develop their property into the permitted 1 acre
lots, they may be easily accessed from Selatir Place. Below are two pictures that
represent the placement of houses on the property. These photos were taken from
the street.
I ask that you remove the northern stub street on the Hendrikson development based on
these points. Our neighbors have proposed a compromise solution - a fire lane access to
Selatir Place willch would provide emergency access and walkinglbiking connectivity
between the KingsbridgeIHendrikson subdivisions and Selatir Place. This compromise is
offered if you remove the stub street, since our neighborhood associate owns the "spite
strip" that would permit access.
Sincerely,
~ CL Yeh-
Bob and Lesa Becker
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BRIDLE WOOD SUBDIVISION
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A parc..1 of Iond Iocotod ..
th" Northoast 1/4 af Section 28,
Township 3 North, Ron98 1 Ea~l 801"" ....r1dIon;
Ada County. Idaho 11190
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(208)377-2310 BUSINESS
(208)362-1082 RESIDENCE
LAURIE ALLEN
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C;;OIDWEll BANKER
ASPE'" RE41TY, INC
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BOISE. 1083704
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DECLARATION
OF RESTRICTIVE COVENANTS
:3 1 ç 5 9 &>1. .
5'&/57Ji.{f
ADA C::I!::-¡',- I D. t-,.':') Pi-C'NE;;':,,:, '¡".
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{NDEXEL-,
THIS DECLARATION OF RESTRICTIVE COVENA1'fTS J ~bfc~~ra~oJfls ~ili'e
this~ day of :rAo/\v A r'f , 1991 by Richard Christiansen and Gregg Robert
Christiansen. (collectively, "Declarant"),
45 aD
WITNESSETH: .
1.275ü'31.Z82 ,
WHEREAS, Declarant is the owner of, or has interest in certain real property
located in the County of Ada, State of Idaho, which real property is known as the
Bridlewood Subdivision and is legally described on Exhibit A attached hereto and
made a part hereof (the "Property"); and
WHEREAS, Declarant now intends to conveyor cause to be conveyed all or
part of the Property subject to certain covenants, conditions,restrictions,
reservations, liens and charges as hereinafter set forth.
NOW, THEREFORE, Declarant hereby declares that upon the execution and
recording of this Declaration of Restrictive Covenants, all of the Property described
herein, or any part thereof, shall, upon such recording, be held, sold and conveyed
subject to the easements, restrictions, covenants and conditions hereinafter set forth,
all of which are for the purpose ,of enhap.cing and protecting the value, desirability
and attractiveness of the Property. These easements, covenants, restrictions and
conditions shall run with the Property as part of a general plan of development and
shall be binding upon all parties having or acquiring any right, title or interest in the
Property, or any part thereof, and shall inure to the benefit of each owner thereof,.
together with their grantees, successors, heirs, executors, administrators, devisees or
asSIgnS. "...
ARTICLE I . ' "
DEFINITIONS
"
Section 1. "Declarant" shall mean and refer to Richard Christiansen and
Gregg Robert Christiansen and such of their successors and assigns who are
specifically assigned the rights and obligations of Declarant hereundE}r, and
Declarant shall have the right to assign any or all of their rights or obligations to any
such successor or assign.
Section 2. "Declaration II shall mean and refer to this Declaration of Restrictive
Covenants, and any amendments made hereto, ..
DECLARA.TION OF RESTRICTIVE COVENANTS'- 1
1 \ 11-19-90\2575-1 \RESTCOV,RL
Bob and Lesa Becker
3421 S. Selatir Pl.
Meridian, ID 83642
362-3249 (home) 367-2338 (work)
Email: bbecker3(&cableone net
April 29, 2006
RE: Hendrikson AZ 06-012 and PP 06-010
Dear Mayor DeWeerd and City Council:
RECEIVED
MAY - 2 2006
City of Meridian
City Cleric Office
We are writing to oppose the proposed stub street on the northern boundary of the
Hendrikson development. The Hendrikson development will connect to Kingsbridge
subdivision, a large urban density subdivision with connections to Eagle Rd, and future
access to Bott Lane which connects to Cloverdale. The Meridian Planning and Zoning
commission has expressed their support of removing this stub street during their
review of the Hendrickson plans.
I would like to summarize my six concerns about this proposed stub street:
1. South Selatir Place was originally designed as a dead end culdesac with access to
6 large acreage estate lots. It is 23.5 feet wide. If one car is parked on each side
of the road, there would barely be enough room for a car to pass in the traffic
lane. There are no sidewalks. The open barrow pits on each side of the road are
used to pass irrigation run off from our pastures to the drainage ditch. Selatir is
not wide enough to handle urban density subdivision traffic being dumped
onto this road.
2. District Stub Street Policy 7203.5.1 states "street design in a proposed
development shall not cause undue hardship to adjoining property." With traffic
conditions as they are on Eagle Road, it is reasonable to expect that residents of
both Kingsbridge and Hendrickson subdivisions would use Selatir Place as a cut
through to access Victory Road — thus avoiding Eagle. Selatir would become
the next Meridian Speedway; creating a hardship for our small, rural density
estate lot subdivision. The traffic would make it impossible for children to walk
or ride their bikes on this narrow country lane, which now serves only 13 homes.
Selatir Place was not designed to handle urban density traffic. The roadway is
already failing along the edges in front of our property due to the weight of a
weekly visit from the Garbage truck. It is a sub -standard road. If you permit
future urban density subdivision traffic from Hendrikson and Kingsbridge to
access this road via the northern stub street, you should require the developer to
upgrade the road as required by district policy 7204.4.2, which states that
development with buildable lots less than 1 acre will provide streets having a
minimum pavement with of 32 ft with curb, gutter and sidewalks. Selatir Place is
only 23.5 ft. wide.
4. In our discussions with Lori Den Hartog at ACHD, she indicated that the
Hendrikson northern stub street will allow access to development of property to
the north. The property is owned by our next door neighbor, Dan Johnson. Mr.
Johnson's property is only 5.75 acres (Attachment A). Protective covenants
prohibit development of that property into anything less than 1 acre lots
(article I, Section 6 in Attachment B). Based on these restrictive covenants, which
all of the neighbors plan to enforce by legal action if necessary, Mr. Johnson will
only be permitted to develop a maximumof 4 lots on his property since his home
occupies at least one of the 5.75 acres.
Ms. Den Hartog indicated she thought Mr. Johnson would be able to be develop
his property at urban density, if it were annexed. This is not the case. We have
consulted with a property law attorney to discuss this issue. The Restrictive
Covenants can be upheld through private legal action.
5. Mr. Johnson already has access to his property from Selatir Place. If he chooses
to develop the permitted 4 one -acre lots, they can be easily accessed by extending
the Selatir culdesac directly onto his property. There is no need for a stub street
to access any future development.
6. Finally, during our conversations with Ms. Den Hartog, she indicated the stub
street was necessary to access the back of our 5 acre estate lots. She said, "Your
houses are all at the front of your property." I have drawn the approximate
location of our houses on Attachment A. Most houses are set back at least 150 ft.
from the street, and are placed near the center of our 5+ acre estate lots. Should
any of our neighbors choose to develop their property into the permitted 1 acre
lots, they may be easily accessed from Selatir Place. Below are two pictures that
represent the placement of houses on the property. These photos were taken from
the street.
t �� w, , ,,
I ask that you remove the northern stub street on the Hendrikson development based on
these points. Our neighbors have proposed a compromise solution — a fire lane access to
Selatir Place which would provide emergency access and walking/biking connectivity
between the Kingsbridge/Hendrikson subdivisions and Selatir Place. This compromise is
offered if you remove the stub street, since our neighborhood associate owns the "spite
strip" that would permit access.
Sincerely,
Bob and Lesa Becker
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BRIDLEWOOD SUBDIVISION
A parcel of (and located In
the Northeast 1 /4 of Section 25.
Township 3 North, Ronye 1 East. Babe 44erldion;
Ado County. Idaho 1990
-- q EAST VICTORY ROAD
��---- 633.53' -----1
S 89' 43' 30" E 663.53= t-
313.53' T 270.00' c jjjcn
s to be
d c 'eo to 60.00'
r nt f-rcy
r.fol plot
reconftr:q. i
u�
S.ES
o
5.22 0
AC.
AC.
z
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J
1c�j• -Tt_tl �
313 71' 1 290.00'
S 89' 43' 2E�E E03 71'
5.41
AC.
BLOCK 1
S 89' 43. 26" E
603.81'
o REAL POINT OF BEGINNING
a (Initial Point of this Plot)
01
g ALLEN ESTATES
SUBDIVISION
IT
t.+
Oo
O
I " a
` S 89' 41' 31" E 663.66'
O
OD
I 5.05 N
t AC.
S 89' 40' 32- E 1
663.74' '
BLOCK 2 , i ,
. w w t-j-O
A (D .Iw
5.05 " p
L� AC. v_
N 89' 39' 32' W 663.83'
0.
Q o
N n 5.41 h O
'5t'Wtvr6'ri z o AC.
ED
;7 O S 89' 43' 26" E (D N 89' 43' 26" W
1 30.00'
603.90' C-2 I
"' S 89 I ^ O ' 43' 26- E co Jc�
H-xv-
i 1)5J5 60•�' ^ O CURVE DELTA
AC. N O t 90' 00' 04"
2 73' 23' 54-
In 3 163' 23' 54-
N 89' 37 27' W 663.99'
NOTES: QtA ( s
tn,s J 1.1 tvl 5t�
ores n a..t: jeer le she
(208) 377-2310 BUSINESS
.epj:<�tents .f Idaho Ceee. Sec 3t-3a'JS
•'•f •ea.ne. of tw.a Prot awe' .—al,
(208) 362-1082 RESIDENCE
R.a-
.ilt. twe eeas e. a 1onw9
tcC�'at.ona N4U el Inc t:..c at na,4:!-wamn
An t.u: coy -.-non
to 0 ouel:c .:pwlift. he.e a tr. (to) toot
-
_a-
LAURIE ALLEN
OuEbc ut7.l:e s, .ope. ewe :tigol,en eeae+.eci
a.oe e' lot tot Imes ho•e o I_(S) toot Eotn
ve•Rahrnl DtlEhc Wiirtes. rrgofCn-
Saes Associate
eha e.e•no pt eose.-gent. <. ctGt as mof be note[ note[ p p.e�,. n<.e�
AAn ow yr ayste•na on
V11-1e pove•ty to., a tne:.teerec by oepce-A/
S rou•ty e•.ne•a
Buid-•.G se-soc•s en0 dcne+sicne' alonerda in this avedw:on ahao b,,
anononee .ar. the QPP4�41bse aeh:np vt*Aeliona
of Ado Co:mt
The aoitn noel or the E1. v<tay Road �itr;t-or-.or argr
COLDWELL BANKER
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be
'lit. par tee? to tnety teat emee eom
Jo ('< ee.e rent-er
o•at, par rnor
s ASPEN REALTY. INC
film eejona the
reop or tnis plot .Kn the Aft County Recirde+'a 01k.
6945 EMERALD
BW ID83704
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DEx _ ,
z DECLARATION �" L i Y, I J. _�� R u
_ . .
OF RESTRICTIVE COVENANTS �'^�f'� �'A`�'s.:�:ir0
R=CO nn-! c:'l
F y
THIS DECLARATION OF RESTRICTIVE COVENA-NL TS' q 1 ec`l�rationPlAs S
this day of J ;�,n o a ry , 1991 by Richard Christiansen and Gregg Robert
Christiansen (collectively, "Declarant").
WITNESSETH: 1•=y���`'`�2
WHEREAS, Declarant is the owner of, or has interest in certain real property
located in the County of Ada, State of Idaho, which real property is known as the
Bridlewood Subdivision and is legally described on Exhibit A attached hereto and
made a part hereof (the "Property"); and
WHEREAS, Declarant now intends to convey or cause to be conveyed all or
part of the Property subject to certain covenants, conditions, restrictions,
reservations, liens and charges as hereinafter set forth.
NOW, THEREFORE, Declarant hereby declares that upon the execution and
recording of this Declaration of Restrictive Covenants, all of the Property described
herein, or any part thereof, shall, upon such recording, be held, sold and conveyed
subject to the easements, restrictions, covenants and conditions hereinafter set forth,
all of which are for the purpose of enhancing and protecting the value, desirability
and attractiveness of the Property. These easements, covenants, restrictions and
conditions shall run with the Property as part of a general plan of development and
shall be binding upon all parties having or acquiring any right, title or interest in the
Property, or any part thereof, and shall inure to the benefit of each owner thereof,
together with their grantees, successors, heirs, executors, administrators, devisees or
assigns.
ARTICLE I
DEFINITIONS
Section 1. "Declarant" shall mean and refer to Richard Christiansen and
Gregg Robert Christiansen and such of their successors and assigns who are
specifically assigned the rights and obligations of Declarant hereunder, and
Declarant shall have the right to assign any or all of their rights or obligations to any
such successor or assign.
Section 2• "Declaration" shall mean and refer to this Declaration of Restrictive
Covenants, and any amendments made hereto.
DECLAIUTION OF RESTRICTIVE COVENANTS. 1
1111-19-90 \ 2575-1 \ RESTCOV.RL
N.
32750` 1283
Section 3. "Improvements" shall mean and refer to all structures or other
improvements built or made on or to the Property, or any part thereof, of any kind
whatsoever, whether above or below grade, including
b without limitation, buildings,
utility installments, wells, septic systems, storage facilities, garages, walkways,
driveways, landscaping, site lighting, grading and earth movement, and any
additions, changes or alterations to any of the above.
Section 4.. "Person" shall mean and refer to any individual, corporation,
partnership; trustee or other legal entity capable of holding title to the Property, or
any part thereof.
Section "Record" or "place of record" shall mean to record a document in the
Recorder's Office of Ada County, Idaho.
Section 6. "Lot" shall mean and refer to any lot of record, designated as such
on the Plat of Subdivision, defined below, and any resubdivision of all or any part of
the Prone , which is placed of record in the Recorder's Office of Ada County Tri�i,n no LOt shall be less t one
acre in size.
Section 7. "Owner" shall mean and refer to the record owner whether one or
more persons or entities, of a fee simple title to any Lot including
obligation. contract sellers, but
excluding those having such interest merely .as security for the performance of an
Section 8. "Plat of Subdivision" shall mean and refer to that certain plat
showing the Property which was recorded September 28, 1990, as Document No.
9052743, in the Recorder's Office of Ada County, Idaho.
Section "Residence" shall mean and refer to the single-family detached
dwelling unit that may be constructed on a Lot.
ARTICLE H
GENERAL CONSTRUCTION RESTRICTIONS
Section _ 1. Compliance with Declaration. No Improvement shall be
constructed, enlarged,
compliance with this Declaration,
altered or maintained on the Property or a Lot except in
covenants and restrictions of record, and with all
governmental laws, orders, ordinances, rules and regulations.
Section 2- Construction Confined to Lot.
utility connectionAll construction activities, except
s, must be confined to the Lot under construction. All equipment
used in clearing, excavation or construction on a Lot shall be loaded or unloaded only
within the boundary lines of the Lot. During the clearing excavation or construction"
the Owner of the Lot on which the work is performed shall cause the roads within
or bordering on the Property and adjacent Lots to be kept reasonably clear of dirt and
DECLARATION OF RESTRICTIVE COVENANTS - 2
1\ II-19-90\2575-I\REST'COV.RL