HomeMy WebLinkAboutApplicant Position StatementJul 18 D3 30:28a 208938D941 p,2
Position Statement
File No. CUP-03-021 Name ofApplicant/Project: Hillview Development
Coroorrtion/Trailway Park Subdivision
To: Meridian City Council
From: Beckv McKav, EnQineerin¢ Solutions, LLP
l have reviewed the Findings of Fact and Conclusions of Law, with which 1 disagree as
follows:
The following Findings and/or Recommendations should be revised:
§ 12, age 5 - This no longer applies and should be deleted, as the applicant chose
to remove the Island from ilte cul-de-sac.
6, page 6 - (for other.... Should be (or other...)
§ E.2 -The applicant definitely has a problem with the wording of this section.
Idaho Code § 36-1604 limits landholder liability when a recreational trespass is allowed
on private property, The applicant does not want to give u~ that limitation of liability by
entenng into a hcense agreement with Nampa-Meridian Imgation District. In speaking
with the District, they will not enter into a license agreement with a homeowners'
association; they will not su rogate 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 pathway to Crty standards and turn over
ownership and maintenance to the City of Meridian. Without rewording of this
pazagraph, the applicant may be put in a difficult position between the City of Meridian
and the Nampa-Meridian Irrigation District.
§ 16, page 9 -The current Comprehensive Plan Land Use Map designates the
property as "Mixed Use - P~egiexal Neiehborhood."
6, page 16 - (for other.... Should be (or other...}
§ E.2, page 18 - (Should be revised to reflect new wording to be approved by the
Meridian City Council).
We respectfully request that this item be taken off of the consent agenda so we may more fully
discuss this issue. "!'hank you for your consideration.
Dated this 18a' day of 7uly, 2003. /~jJ
Signed: Q~ /' `
Becky McKa
Copy served upon Applicant, Planning and Zoning Department, Public Works Department and
City Attorney.
Received in the record:/ l $ / t73
By: ~~-~ ~,,,~,~, ~
Wrlham G. Berg, Jr., Crty Clerk
RECEIVED
JUL t 8 2003
City Of Meridian
City Clerk Office
JUL 18 '03 10 40 2089380941 PRGF. R7