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HomeMy WebLinkAboutLEtter from Bob & Lisa Becker -' " Bob and Lesa Becker 3421 S. Selatir PI. Meridian, ID 83642 362-3249 (home) 367-2338 (work) Email: bbecker3 @cableone.l1e~ ""', ""= """"'E"'I V lif'- ~{ E ("", ' " ~~ ~~¡- MAY - 2 2006 City of Meridian. ~:Hy Cleric Office: April 29, 2006 RE: Hendrikson AZ 06-012 and PP 06-010 Dear Mayor DeWeerd and City Council: 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. 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 pennit future urban density subdivision traffic from Hendrikson and Kingsbridge to access this road via the northern stub street, you should require the developerJo 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 it. 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 OIùY 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 peTnÚtted 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. Ifhe chooses to develop the pennitted 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 peTnÚtted 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 which would provide emergency access and walking/biking 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 B(2~ Bob and Lesa Becker ~~ PLA1 SHOWING BRIDLEWOOD SUBDIVISION fr4k cA M. II, rt i fJ- A parcel of Iø>d lacated ... the Northeost 1 p, of Section 28, Township 3 North, RDI>98 1 East. Baise Meridian; Ada County, ldoña 1990 r---- ~~------- -/ L - - - - 633-5:r - - -' - - -.,. \ 25,00. /~S ag. 43' 30" E 663.53'-" / - / '/ 313,5:r 270,00' C'... (J) /--- '\ ¡ ,ff.\ ~c~a I:C 60.00' : g I r nl I-....C, '. ,....al p!ol ,c<;o'OIl'.9- 'f. EAST VICTORY ROAD REAL POINT OF BEGINNING (Initial Point of this Plot) I. 0> 10. ... ... .... (3) 5.22 I<C. 0'> I~ ...I~ 0> U' Ò C!. 0 ø 5-f5 AC. ul , I ...' "'0, .oþ a~ - ... . ro 0'" 0 z ALLEN EST A TES SUBDIVISION ,~"J-~{ l , ~ ',.7', - Ic.j. ...(,. l. .::/-1'/\ . r--- 663,66' L.r Íl \J t C¡j I\.t.- ~0lL <;¿ 0 ....° ....q :- ..., --' "- {JI~ {¡",(¿W a:J- ~ QC,L-{J J) I I I I I W g, I c ci t'") 10> N .... " -f>.. I-f>.. T ~ :€ t-k> u-S R... BLOCK 1 S 89" -43' 26- E 603.61' if, > <lflqSÍ1'í~ : '0 n N ~ o. r-- 0> .... ~~hliV ~~'1\ ~ 0 t- 0 VI JOn.ftSl{f\ ... -. .., ~q¿. ... .., tJ' ;..-: c¡ í.. -.t. \ "0 0" â 5,-11 ~ /l.C. I I J <> N 89- 39' 32"- W 663_83' 0 ~ .::::-~ :>.° .:::,~~ CURvE: OELTA 1 90'00'O4~ 2 73' 23' 54~ 3 163'23' 54- S 89' 43' 26- E 603.90' C-2-- I?; Ð ,- ,'.. -, ": " "~ ~ u V . -' / ~ 0 S 89' "3' 26- ( ôo ~ 5,75 60.00' ;: b AC, -~ a (f) r') to I.D N 89' "3' 26- W 30.00' N 89. 37' 27-W 663.99' ileA Jrr t.Sof\ , 5 ú b cI.&'J~"sj'l1'Y\. 1~., Dlol is s~l¡'" 1< ,~. 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""'0 0' ",is 1'"°1 -,,~ "" - Co.onl)' lI«o<d..'. orl... ~ - .. /206) 377-2310 BUSINESS (206) 362-1082 RESIDENCE LAURIE ALLEN "-""-"-'--'-- Sa:.s AsSOC""'" [lQI.ii..¡ COLDWEll BANKER /oSÞEN REAlTY, INC 694~ EMERALD 601SE,I08311)<! - ..<----.----uU_--- -"-.'- .-_--'.,-n-n""'" 9 1 ç 5 9 ~!- - ~I sL/.{çI _:- ~'D ~ """"-" I :.J" 'l'\~;;';:--" " F. ;""1.,,"-"'1- D. ;:,..:J "--"-Ü...--"";,' ~~,,¡ ,Uf\ -"" I n~\/'J \1\\:'-:0 ' - """"'.1 i".,:...¡'A,-\:\ RECORDEr< B,(~ ;0-., l.{ 5 OCJ A+f¿¿dlmerl7 B " - ,-- " .' . . fNDEX£L.. DECLARATION OF RESTRICTNE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENAL'TTS' ~bfc~§racl.oJ11s ~Jl?e this~ day of .J:A{\v:\ t.'! ,1991 by Richard Christiansen and Gregg Robert Christiansen. (collectively, "Declarant"). WITNESSETH:' 12750~1.Z8Z - 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,Testrictions, 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 cònditions hereinafter set forth, all of which are for the purpose _of enhapcing 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 hereundl?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" shall mean and refer to this Declaration of Restrictive Covenants, and any amendments made hereto, . DECLAR.~TION OF RESTRICTIVE COVENANTS.- 1 1 \ 11-19-90\2575-1 \RESTCOV,RL .. ( 1.27S0Q: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 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, partnershiþ~' trustee or other legal entity capable of holdi.ng title to the Property, or any part thereof. ' Section 5. "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 anyresubdivision ofaII or any part of the Prope~J which is placed of record in the Recorder's Office (}f Ada Coun , Idaho, provided however, that no .t-shall be less tone gross 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 contract sellers, but . excluding those having such interest merely .as security for the performance of an obligation. Section B. IIPlat of Subdivision" shaH mean and refer to that certain plat shovving the Property which V{as recorded September 28, 1990, as Document No. 9052743, in the Recorder's Office of Ada County, Idaho, Section 9. "Residence II shall mean and refer to the single-family detached dwelling unit that may be constructed on a Lot, '- " ARTICLE II GENERAL CONSTRUCTION RESTRICTIONS , Section 1. Compliance with Declaration, No Improvement shall be constructed, enlarged, altered or maintained on the Property or a Lot except in compliance with this Declaration, covenants and restrictions of record, and with all governmental laws, orders, ordinances, rules and regulations, Section 2. Construction Confined to Lot, All construction activities, except utility connections, must be confined to the Lot under construction. All equipment used in clearing, excavati.on or construction on a Lot shall be loaded or unloaded only within the boundary lines of the Lot. During the clearing, excavation or construction;"u the Owner of the Lot on which the work is perfonned 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 \ 11-19-90\2575-1 \RESTCOV.RL