HomeMy WebLinkAboutApplicant Position StatementJul 18 ^3 111:28a 2089380941 P, 3
Position Statement
File No. A7.-03-01U Name of Appficant/Project: __ Hillview Development
CorQoraHon/Trailwav Park Subdivision
To: Meridian Cily Council
From: Becky McKay Enaneering Solutions LLP
I have reviewed the Findings of Fact and Conclusions of Law, with which I disagree as
follows:
The following Findings and/or Recommendations should be revised:
§_21, page 10 -The word "not" should be inserted between "will" and "be" of the
last sentence.
4, page 12 -Should read:
4. The zoning (R-8) Medium Densiiy
..:_~ ~..,. r ~__ . .... .._ _.
is defined in the Zoning Ordinance at §~l 1-7-2-D as follows:
§ 4, page 12 -Correct the spelling of two in the fifth line of the definition.
§ 12, page 15 - This no longer applies and should be deleted, as the applicant chose
to remove the Island from the cul-de-sac.
6, page 15 - (for other.... Should be (or other...)
§ D.2 -The appplicant definitely has a problem with the wording of this section.
Idaho Code § 36-16041imits landholder liability when a recreational trespass is allowed
on private property. The applicant does not want to dive up that limitation of liability by
entenng into a license agreement with Nampa-Meridian Irrigation District. In spealnng
with the District, they will not enter into a license agreement with a homeowners'
association; they will not suGrogate their maintenance responsibilities to a private entity.
The applicant proposed the pathway because it is a City requirement. The applicant
needs to have the option to construct the ppaathway to City standards and tum over
ownership and maintenance to the City o£Meridian. Without rewording of this
pazagraph, the applicant may be put in a difficult position between the City of Meridian
and the Nampa-Mendian Imgation District.
We respectfully request that this item be taken off of the consent agenda so we may more fully
discuss this issue. Thank you for your consideration.
Dated this 18'" day of 7u[v, 20 ~j
Signed: /"t G
Becky McKay
Copy served upon Applicant, Planning and Zoning Department, Public Works Department and
City Attorney.
Received in the record:? / ($ / 03
BY~ 7J~rn~, dYw~-f~-. ~,-
WilhamG Berg, Jr., Clty C e'-1 r~c~
JUL 18 '03 10 41
RECEIVED
JUL 1 8 2003
City Of Meridian
City Clerk Office