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Dakota Ridge Estate Sub PP
WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City 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 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: June 3. 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Preliminary Plat for Dakota Ridge Subdivision South of Ustick and 1/2 mile West of Ten Mile BY: Max Boesiger Inc. LOCATION OF PROPERTY OR PROJECT: Portion of Government Lot 2. Section 3, T.3N, R.1 W Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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: COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C HALES M. GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 GREG OSLUND Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING 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: June 3. 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Preliminary Plat for Dakota Ridge Subdivision South of Ustick and 1/2 mile West of Ten Mile BY: Max Boesiger Inc. LOCATION OF PROPERTY OR PROJECT: Portion of Government Lot 2. Section 3, T.3N, R.1 W Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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: REQUES*OR SUBDIVISION APPROVAL. PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear 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 are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, Dakota Ridge Subdivision 2. General Location, South of Ustick and one-half mile west of Ten Mile 3. Owners of record, Leonard A. & Freda N. Aschenbrenner Address, 3875 W. Ustick, Meridian Idaho , Zip 83642 Telephone 888-2689 4. Applicant, Max A. Boesiger, Inc. Address, 2447 S. Vista, Boise, Idaho 5. Engineer, Stan McHutchison Firm Briggs Engineering, Inc. Address 1111 S. Orchard, Suite 600 Boise Idaho 83705 Telephone 344-9700 6. Name and address to receive City billings: Name Max A. Boesiger, Inc. Address 2447 S. Vista, Boise Idaho 83705 Telephone 336-2001 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 28.6 2. Number of lots 90 Buildable Lots & 9 Common Lots 3. Lots per acre 3.46 4. Density per acre 3.15 970210\request.p&z Dakota Ridge (1) 0 5. Zoning Classification(s) R-4 L 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for Yes (Micro -Path) 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain_ 11. What school(s) service the area Chaparrall Elementary , do you propose any agreements for future school sites Yes , Explain (12) Acres adjoining the west side of the proposed subdivision owned by Mr. Aschenbrenner. 12. Other proposed amenities to the City Central Water Supply Hydrants Fire Department , Other , Explain Central Sewer & Micro -Path connection to the future school. 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other Single Family Dwelling 15. Proposed Development features: a. Minimum square footage of lot(s), 8.320 SF b. Minimum square footage of structure(s), 1500 SF C. Are garages provided for, Yes square footage 400 SF Min. d. Are other coverings provided for No 970210\request.p&z Dakota Ridge (2) 0 • e. Landscaping has been provided for Yes , Describe Twenty foot landscaping buffer along Ustick Road landscaping at entrance & landscaping median on easterly access. Trees will be provided for Yes , trees will be maintained by the Dakota Ridge Homeowner's Association g. Sprinkler systems are provided for in all landscaped common areas. h Are there multiple units No , Type Remarks Are there special set back requirements No , Explain Has off street parking been provided for Yes Explain Standard Driveways and garages Value range of property N/A Type of financing for development Conventional Protective covenants were submitted No , Date will be submitted with 1 16. Does the proposal land lock other property No , Does it create Enclaves No STATEMENTS OF COMPLIANCE: Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet 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. 970210\request.p&z Dakota Ridge (3) AFFIDAVIT OF LEGAL. tMTEREGY STATE OF IDAHO ) COUNTY OF ADA � Name Address __M. e'v i' 4� 1'0-'� -- .rcl a tty , beim first duty swam upon (Chy) (state) oath, depose and say thist. 1. That I am the record owner of the property d"crR)ed on the attached, and I prard my permission to Ir �L SGL /� /� D L� "S B _ -F Gf G . (nems) (addreao) to Submit the accompanying appitcation pettaining to that property, 2. 1 agree to IndemnW. deferid and told City of Meridian and Its employees harmless from any claim or Iisb0ity resulting from any dispute as to the statenmits contained herein or as to the ownershlp of the property which is the subject of the application. Dated this —1- day of M�• ` 19 '."' :2 MM lir (Signature) 9A, d"C- rC Lf OC r,,.z 6:ALjv 4 z.,'t.c ^►r•"'�' SUBSCRIBED AND SWORN to, before me the dey and year first above wrtti n. }�Nquir+�r � eggs y� Notarf 10 fo o. a TA# '' Reekitn t My Commi"lon EXPIMS, ���� O1?•t�� 0 JAN -31-1997 14:231 PIU--AEER TITLE ES__ROI.,i 2nd THIS [NDrNrJPA Made this Z84= day of January I in the year of our Lord cut thous -I'd RM hmdrrd LW fifty-two bvtvreant Fred D. Hofeldt and Cecelia Hofeldt) husband and wife, of Meridian, County of Ada, state of Idaho the Fart jes of the fust part, and Leonard A. AsohenbrenAer and Freda Nadine Aschenbrenner, husband and wifeo of ampa, County of Canyon State of Idaho the part i e a of the second pert. That the "Aa patties of UM; first pan. tar and in aMwderatkro of the armof iS Fifteen Thousand Five Hundred and No - - - - - - - - - - - DOILIARS, I&wU money of the United Statm of Aineric04 to them in hsxid '?aid by the said puties of the second parL the reWpt whereof W hereby admovriedged, have Zmftkbarpluad and confirm unto the said pard es by I PM -1 do great, bargain. seri, &—NY and assign. fore.. U f the lon" estate.ij put" to them heirs the Ada State of Idaho, to -wit! ;1 situated in.. .1 . 0 Lot (2) in Sectioa Three (3) Township Three (3) North, itange 0 rWG Boise Meridian, in Ada County, Idaho, EXCEPT that Ont' west of the portion thereof deeded to the Boise Valley Traction Company • ditches and rights Of Nay for �!i Together with all water risbts, d;Ltahes thereto belonging Or U90d in connection therewith- Uot11AF4rAW1 Live With W and dMadUr the t6-�'A- haradiLaaseate sad Pw'0"ne*s thwaustc BF901*619"ff- dw rwf*t*lm and, reversions. Mug,11,44M And remskmb"' renal estate. r%ht. tMe &M juteret In and to tbo said pyTatY. as WE And,FVato Q- gLftf- and pU aftheBrat put 1! in'Inv as �iri'egi►it TO HAVE ArM TO MW of the saW . An *nd WKW,, gh, 4,bffe mmfimea and described PrOMISM t0Z4*U the V&ftlea of the ge6md poyt, wd to their heirs wd AWP4 law appiptinamea. unto -4 put, and their kWm the' IMA Pw%Ww 'n the quM and pea"SM oftheft *ad put their bob* 890 "x*M*P'a& the said part's P;iswdon of W gRid part lea Of SO m - lawtA vA and *my Penwa And parsom *11012400M of -the first part, and thei r k*W. and AP129 -I. or to alaiM Lth" =toe 4W sad will WAMAM "A by the" P'—ts to"— DEFWW. P. 02/03� JAN -31-1997 14:24 F I U 1EER T I TLE ESCROW' F. 01'0 " - �-r. �µ�asr _" y...-.r.�. •. _ . .� .._ .t..v "rain:�..�_�. �:. ..W�w�. +.n.-.�� _.. �.... ETiCEPT all reservations 'to &,e ULti4C4!3L&'LwS as Contained" in 'ine } j;; PaDent for said Janda; also except construction and otter. charges for 1+ irrigation and drainage of said lands; also except any and all highway and irrigation diatriat bonds, sad any and all existing rights of way jfor., roads and ditches slang or upon said lands; also except all taxes, sues and asaesaa►ents of evBs`y kind and nature for the year 1952 and �! thereafter; all of which the second parties herein have a.sbumed and ;; agreed to pay, and aleo except a Mortgage for 6000.00 in !' fpvor of the Crsnge Mutual Life Company, which the second parties here- i� in have also asasumed and agreed. to pay. IN VaTNM WOEaMY. The Bald part 16 a of the find part ha ve bemmto set theirhand s .Sod owl a .tho dV Bad year Itest•abere Wrlttm. 1�IR11>0[►. B uB m Alm nrad►mW M lr mmcm or ........... ........... .__-..._..._._ ... _.__. .��......- • _. _..._»...�.____...--..__.._....... (SSW] ZSTAT1r OF IDAHO. ommty of j 444" I On this - daY to the year 195i&, before me • , • NotmT Public •p � a Fred D. Hofeldt and Cecelia Hofeldt, 14un- { in and for acid State, PcrosBuy band and wife, + haws to me to be the parson s whose Hama s are subserlW d to the nrfthfa Wit. and wjmm1= paged••to ma that they mmuW the same: i WOMEop, i love bavuote ahand an 'af 201 WY 1910"1910"aa41. the d" and nt z` • IIf Ww Is certss year to tL1a ecltiCate dist ab,we etttrn. Ij y pWu lc w the WTA :ot Naha, .« EWAdft at ,Idaho. i ,,fir, 1 Al r .. «i a ser i + j s i5 Lit s TOTAL F.03 'i 'I i+ 0 I • SUBDIVISION EVALUATION SHEET Proposed Development Name DAKOTA RIDGE City Meridian Date Reviewed 03/20/97 Preliminary Stage XXX Final Engineer/Developer _Briggs Enar./ Max Boesiger 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. Is in ajlynna,* wi �% �io/j1t LA�✓E f5!%AZLgC 'N, A14.6 r AVE>U�E" i 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 COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Ann Repr Date Date Date - 3 -690 -97 - Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat"• otherwise the plat will not be signed 1111 Subindex Street Index 3N 1 W 3 Section NUMBERING OF LOTS AND P0. o t z a ■\7�: �: . . •1.I• _-11• •_ . I! I• 11 -1 ♦L 1 1 ■ : �: • • 1- •_ - ••II • 1= -_ • I =!111-1 • - •1"! - W�p=� -I wk= Is in ajlynna,* wi �% �io/j1t LA�✓E f5!%AZLgC 'N, A14.6 r AVE>U�E" i 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 COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Ann Repr Date Date Date - 3 -690 -97 - Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat"• otherwise the plat will not be signed 1111 Subindex Street Index 3N 1 W 3 Section NUMBERING OF LOTS AND P0. o t z a TRISUB M CITYYRM S OLIO M, , il I&I'MyAd MY 11 =.;I F -i - son TRISUB M CITYYRM S G • CJ PIONEER TITLE COMPANY OF ADA COUNTY 8151 WEST RIFLEMAN STREET BOISE, IDAHO 83704 TELEPHONE: (208)373-3700/ FAX: (208)373-3644) TO: MAX A. BOESIGER, INC. 2447 S. VISTA AVE. BOISE, IDAHO, ID 83705 Attn: MAX A. BOESIGER DATE: FEBRUARY 05, 1997 ORDER NO.: P154508 Thank you for giving us the opportunity to serve you. We appreciate your business and will strive to merit the confidence you have shown in us. RE: MAX A. BOESIGER, INC. LEONARD A. ASCHENBRENNER FREDA NADINE ASCHENBRENNER Enclosed: PRELIMINARY TITLE COMMITMENT If you have any questions, please contact the following: TITLE OFFICER HAROLD E. HUSTON 208-373-3679 ESCROW OFFICER DAVE SELLS 208-373-3622 • 0 COMMITMENT FOR TITLE INSURANCE PIONEER TITLE COMPANY OF ADA COUNTY (208) 373-3700 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SCHEDULE A File No. 1. Effective Date: P154508 January 29, 1997 at 7:30 A.M. PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. RIFLEMAN BOISE, ID 83704 ATTN: DAVE SELLS Ph: 208-373-3622 Fx: 208-373-3610 Copies to: THE PRUDENTIAL IDAHO PROPERTIES 8665 W. EMERALD SUITE #300 BOISE, ID 83704 Attn: ELDEN GRAY Ph: 208-375-3750 Fx: 208-375-6518 Inquiries should be directed to: HAROLD E. HUSTON VICE PRESIDENT (PHONE 373-3679) 8151 W. RIFLEMAN BOISE, ID 83704 2. Policy or Policies to be issued: (A) Owner's Standard Coverage Proposed Insured: MAX A. BOESIGER, INC. MAX A. BOESIGER, INC. 2447 S. VISTA AVE. BOISE, IDAHO, ID 83705 Attn: MAX A. BOESIGER Fx: Amount Premium $700,000.00 $2,055.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is:. FEE SIMPLE 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: LEONARD A. ASCHENBRENNER AND FREDA NADINE ASCHENBRENNER, HUSBAND AND WIFE 5. The land referred to in this Commitment is described as follows: GOVERNMENT LOT 2 IN SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, IN ADA COUNTY, IDAHO EXCEPT THAT PORTION LYING IN USTICK ROAD RIGHT-OF-WAY 0 0 COMMITMENT FOR TITLE INSURANCE File Number: P154508 C. Special Exceptions: 1. GENERAL TAXES FOR THE YEAR 1997 WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 2. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 3. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) 4. RIGHTS AND CLAIMS IN AND TO ANY DITCH, CANAL AND/OR LATERAL RIGHT-OF-WAYS. 5. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: POLE LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY RECORDED: JANUARY 15, 1937 INSTRUMENT NO.: 174830 IN BOOK 15 OF MISCELLANEOUS RECORDS, PAGE 155 6. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: POWER LINE EASEMENT IN FAVOR OF: IDAHO POWER COMPANY RECORDED: JUNE 1, 1982 INSTRUMENT NO.: 8223123 7. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: NAMPA MERIDIAN IRRIGATION DISTRICT, AN IRRIGATION DISTRICT AND LEONARD ASCHENBRENNER AND NADINE ASCHENBRENNER, HUSBAND AND WIFE DATED: JULY 5, 1983 RECORDED: JULY 15, 1983 INSTRUMENT NO.: 8335665 PROVIDING: THE PURPOSE OF THIS LICENSE AGREEMENT IS TO PERMIT LICENSEE TO RELOCATE RUTLEDGE DRAIN AS AN OPEN DITCH ON LICENSEE'S PROPERTY WHICH IS LOCATED GENERALLY TO THE SOUTHWEST OF THE INTERSECTION OF USTICK ROAD AND TEN MILE ROAD, ADA COUNTY. 8. TERMS AND PROVISIONS OF CITY OF MERIDIAN ORDINANCE NO. 650 RECORDED: JUNE 27, 1994 INSTRUMENT NO.: 94060854 9. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: SANITARY SEWER EASEMENT IN FAVOR OF: CITY OF MERIDIAN RECORDED: MARCH 14, 1995 INSTRUMENT NO.: 95016993 END OF EXCEPTIONS CONTINUED R. A. Edwerds To ✓ Idaho Po:r^r Co, ADA` -COUNTY, IDAHO �;s1 -*,1rjg8�0 Irutr-a^bnt 2mn`er/1114•'tM CIV IDAHO PUER COMP W Pole Line Easement ;t. A. Edward! and Lydia Edwards, of rerldlan, Idaho.2:rsntors. fo' othrr valuable co sieersticss. the receipt of which is herebhereby n Grant to Idaho roaor Co=Fn:.?, a corporati^n, its licensees, »eee210'3 , lS1d !�*.01? alta%-.. t.•■�s••' •+:"�. the right to constraot, operate, r•.ainteln, reconstruct - distribution a-1-11 telep^one circuits, or snY of Mee,and their, ' to a aingla 11,10 of Doles or other supports, wit`. t*tlr 'reS a^=a% ° ' ""• �• ' �" 0.n..! acres the follcwinr, prenises in nde Count -7, :'aho, to••tts s:..., sr.d ser»! cry 0sra �:= a;t■, s. Ino!ud1nF. !1x%43 tie :+a -o ri hts or.. over, '-• roudsv streets and highwa;s, r:at or hereafter d •t! or c • .i, s ^e�isey or an art L*.+recf, an: u;u:t o:• edl�ernt to seSd :• 7 p ars pr1r1190 W trim trees and braroji-3 to t`• el•ent ^''03'10.-7 fcr ovecatlon of tre c%td electrlenl ajs:ee. w �� rJ•an S:J'1:r: J1 t'e14r � •t, t . • _ . IS :IT IM33 .:: :F. t`•a rrantara e're r 4'7 of .:Allnher. 19,56. s:re..3 ,.1trn1l: - - • �7aia �__++xr=► :.antj �r Atla ? ��� ` yip.. 'r■, .:.... � ". � ^�■crew ar.0 .j'L+ iJ■.r•t■. 2e.,w.t -: :} ''1 t' ;1..'j O:■CJ!•.,1 LSF !i'rs. i+•�h• : } 1 4— Y. Mal : Power C,,mpany " ii22:3123 POWER -LINE EASEMENT.'• ' Leonard Ashenbrunner _ n:a( Nadine Ashenbrslnmr t77 his wife, Granter(i) of Ada _. County. =i'de at Idaho do horeby t•. b6rant and convey to IDAHO POWER COMPANY. a corlxar. an, v ;rh its principal cf[i:e Located at 1220 Id.., Strut. BO•se, Idaho, its license". ruccearors and as it:n. Crantee, or One Dollar and other valuabl_+ considerations, receipt o shish is Inreby acknowh:dg.:d• a right of way ant' ctsement for th•• erection and continued oppecration• maintenance, rt pair, alteration, Inspection .mnd replacement ut the elmt.^c tran•mia+ion, tlistribu:iors and teleptwne lines and circuits of i•`�' - the Gr*r•e.. attached ;o l:•..es or oth-e s•.p�rrts, _oðer w.th guys, crossanms and other attachments and incidental eau4me., tyurron, and sppur:enancee..wit. the rigart to permit tho atrnchment of the wires and fixtures of otber cam- + parties or parties, ovaacro -i on and acr.l the following prernisc�_. brinrgin{t to the raid Grantar(s) in Ada County, State Gf Idaho _ m the following location, to -wit: A strip of land 10 ::eet wide ar.d bainq 5 feet on each side of a centerline lying within the *Iris. ;1 cif Sactit;n 3. T3M, R1W, R.M., the. centerline of which is I:►ore particularly described as follDws: Commencing at the North Ouarter Corner of above Section 3; thence East a distance of 550 feet, more or less; thence South a ::ist3nce of 25 feet to the Reai Point of Beginning; thence South a distance of 75 feet. •! _ Y 1. ,, r•/ �i f�cc.•,cv __ .:ni,i_•!.• LLQ•'. ,..'.' I '1 and ?::; � hent of To;;t•thet with :.!l :i.;t,cs :a in ;;'••;; .tml cr•-,s m•i:•..ar•: {.,.- ;h:• Li! •- ' I- th • -. ,,ment hereby ;ru,:.^!• a tall rights ,t•ul .r ^,.'+ ::wo!!. :.[fin th,• �h: dn.m ar:.. t :::• to ca'. tr: l and remove tre.••,, hr':.h.:.n•; -.-4 ..rt •,th .., -::4 _ ^. ry ,:,jure :,r i1,t rf.•r • 1 Gr.Int•«', t se, occupation or •:n;ti,a:rnt of tnis•t�..r:_ ten! and :hr %••r r .:.:.. .........-... r.:- .::J r pmr i t::: a::,..r; .., ti. 'uted girl I:.,,! _ �N��, ,t r: ! (�_../..l-_ .1_"? :_..•.� _-._.---.._ . _. = t - t.. - : SA-- , e r •{ �5 T 4 ,, 1$}J'r7•' Y ' nt, o, . Wtal) Out A� i� EXH I B I T D 2 !. t EASEMENT r Bent a y +Fit's., ,S"; Mil -•! ¢�.'r ?j ... , y ,,t t z � •- } ' � 'pts r -• -.,- .�ti THIS EASEMENT;' given in connection with and pursuant to �. the License Agreement between LEONARD ASCHENBRENtdER and t1AUINc �r ASCHENBRENNER, husband and .wife, and NAMPA b MERIDIAN IRRIGATION DISTRICT,.an irrigation'district, is granted in accordance with ..; r* _ the terms and conditions of the License Agreement to which this Easement`.is attached' and':incorporated therein by reference. LEONARD ASCHENBRENNER and NADINE ASCHENBRL�NHER hereby grant an easement toNAMPA & MERIDIAN IRRIGATION DISTRICT for � r�+ ►� e,t r la on-: right •of way along-that, portion of Rutledge Drain ds relocated and p he i generally_`described as fol_ows: i G the t '' 1 , r rfc Thepoihof t 'beginning i's'that point where 'r eedin An a northwesteriy t ,.:Rutledge Drain,.i p 9 ' ;direction,'.turns to the west. From said point a .e distance of '..approximately 475 feet west, thence north a distance;iof approximately 635 feet, all lRanne r S the SEIj;NW �IEIjKSectfon 3, Townstlip.3 North, g ' s► I l :West, B H�AdayCougty, :'Idaho.,The..right. of way" 1 .t 2 h.w, y.,<, . • y ,r yL� t� �t;�a of acid; easetaent is_;1 110 feet in ,'length and 40 t j"-feet in' "width, 20 feet on either side of the center ' line of`Rutledge Drain. p� p;'` tl This easement°«ysgranfe*1N for'{1{l�'pkroperirrigation dfstrictYpurposes; including but, not limited to n,.iintenance`and� .a rep�r o�,Rutledge�Drafn. This easement is granted to NAM PA & ln+T•T�Cy G �� r.:�,t si J .. .MERIDIAN+IRRIGATION DXSTRICT, ,itssuccessors and assigns, as`a�r? a GV t r 'ss �Y} -yr Sjy f, t 7y,y Y`• j } �., i r`F 1 s E t ! ..�: - � . ti �r' � �1P"i *' 1 I;IC SEMEN7':�1XXHIp1T`D 4 4 0, A t t and shall be 0 aib perpetual easement and is C. appurtenant inseparable from the �above-describ I ec property '--.-,1,N.,.WITNESS WHEREOF, ed ensee�has executed W, Nv this Tasement ,� phisay of May, 1983. Wla 4.11 AM 04 LEONARD ASCHBNBRENNER. T the j- ASC) NADINE AS&IER5jig�: NNER DIS, the STATE OF IDAHO Eas, ss: 1dOUNTY'.'OF_ADA On this /_2�day of 1983, before, me, 'gra* .-.-.,,the undersigned, a —notary public, in and for said State, person- ally appeared LEONARD ASCHENBRENNER and NADINE ASCHENBRENNER rig. known ~ to me to be the persons whose names are subscribed to �he _) qi within instrument, and acknowledged to me that they executed the gen, same. Iti WITIIESS;WIJEREOF, I have hereunto set my han- j., f fi4d J�y: off icial seal, the day and year in this certificate i3rit', ili6v6i:written. . —A A ryPublic _65r Idaho. , Residing vise, Idaho,'. M . rep w ij-' NP4, 4* MER j,' 'A I B . qrt�, N, C SIC 5. AGREEMENT EXHIBIT,-D- 2 J" ?501b 93 SANITARY SEWER EASEIMETiT 1847000367 THIS INDENTURE, made this 16th day of February, 1995: `b6W! t Leonard 4 Aschenbrenner and Freda Nadine Aschenbrenner, husband and wife, the p arues of the first part. and hereinafter called the Grantors, and the city of Meridian, Ada Cowlty..Idaho, the part % the second part, and hereinafter called the Grantee. 107 WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described: and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors. and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction. operation and maintenance of the sewer line over and across the property described in Exhibit 'A' which is attached hereto and incorporated herein by reference. The easement hereby granted is for the purpose of cors : action and operation of a wnitary sewer line and allied facilities. together with their mainterar-ce, repair and replacement at the convenience of the Grantee, with the free right of access to such fac-lities at any and all times. TO HAVE AND TO HOLD the said casement and right-of-way unto the said Grantee. its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee will timely complete the work of laying the sa-.tM sewer Ene and restoring the premises used therefor to a condition comparable with tha: existing prior to exercising this easement; that, in making future repairs, the Grantee will expeciently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. THE GRANTORS hereby covenant and agree that the-- will not place or allow to be placed any permanent structures on the area described for this easement which would intzrfere m easement for the purposes stared herein. with the use of said described SANITARY SEWER EASEMaNT, Page 1 Cr13.93 - jr 1047000368 IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to the Grantee the right of use during initial construction a temporary construction ca=sement over a strip of land described as follows: A 100 foot wide temporary construction easement lying 50 feet right and 50 feet left of the line described in Exhibit 'A' attached hereto and incorporated herein by reference. rr IS UNDERSTOOD that the strip of land described in the previous paragraph is for the purpose of constructing said sewer tine herein described, the same to expire when the initial construction is completed. IT IS UNDERSTOOD AND AGREED that the Grantee will restore said strip to a condition comparable to that existent prior to the undertaldng of the construction of such sewer line. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsc+ever. IN WITNESS WHEREOF, the said parties of the first part 1:ave hereunto subscribed their signatures the day and year first hereinabove written. LEONE ZD A. ASCHENBRENNER �ItlGrG Z7 G 6riyt,G l/14L� �-GL� FREDA NADINE ASCHENBRENNER STATE OF IDAHO ) ss. County of Ada ) On this _&.a day of February, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared LEONARD A. ASCHENBRENNER and FREDA NADINE ASCHENBRENNER, known to me to be the persons whose nanes are subscrced to the foregoing instrument, and acknowledged to me that they executed the same. SANITARY SEWER EASEMENT, Page 2 mnav3 . W 1W1000370 PACIFIC LAND SURVEYORS 290 North Maple Grose Road Boise. ID 83704 (208) 378-6380 FAX (208) 3784)025 PROJECT: 111074 DATE: Febrnuy 15,1993 Sanitary Sewer Easement a.,a DESCRIMONPOR S MINER DEVELOPMENT CORPORATION SAIsTIARY SEWER EASEMENT LYING IN THE EAST HALF OF SECTION 3 ` TOWNS 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY. IDAHO f 3� A 20.foot t sanitary sewer easement lying in the East hWof Section 3. Township 3 . petumm Norsb. Range I West, Boise Maidiao. Meridian, Ada County. Idaho and more particularly described as - follows: Beginning at a brass cap marling the Southeast corner of the Northase Quarter of said Section 3, Township 3 North, Range I West, Boise Meridian. Meridian. Ada County, Idaho; thence aloog the Southerly boundary of said Northeast Quarter Of Section 3 North 88°55'29' West 1321.64 fat to a two-inch Irom pipe Quilting the Southwest carter of the Southeast Quarter of said Northeast Quarter. I hence leaving said Southerly boundary and along the Westerly boundary of said Southeast Quarter of the Northeast Quarter of Section 3 North 00026W East 1323.40 fat to an imn pin marlting the Northwest corner of said !:outheaa Quarter of the Northeast Quarter of Section 3: thence laving said Westerly boundary and along the Northerly boundary of the Southwest Quarter of said Northeast Qun ter of Section 3 North 89'02'00' West 161.86 feet to a point, said point being the REAL POINT OF BEGINMING of a 20 -foot sanitary sewer asemcnt lying 10.00 fat right and 10.00 fat kt3 of the following described line: thence leaving the said Southerly boundary North 45.58'00' East 60.00 feet to the point of ending of said 20 -foot asemeot Prewed , PACIFIC LAND SURVEYORS ewe EXHIBIT "All Pacific Land Surveyors, a division of POWER Engineers. Ire.. an Idaho Corporation kA .:4. I ... I 0 9 fir' Ito, 14 • Chic sksiah is for foto+ m • only. The Company assumes no Ga IV for mWiom PJpM 1T M OOWAW siAds Omit 81203120700 • it •. I L , ,.f .. 91203131600".' :� ,•' ,.• 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 July 15, 1997, for the purpose of reviewing and considering the Application of Max Boesiger Inc., for a Preliminary Plat for land located in a portion of Government Lot 2, Section 3, T.3N, RAW, Boise Meridian, Ada County, Idaho, and which property is generally located South of Ustick and '/ mile West of Ten Mile Road. The applicant requests Preliminary Plat approval of the parcel of land above described for 90 single family dwelling lots for Dakota Ridge Subdivision. 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 27th of June, 1997. ANNA K. DON, blfpuITY CLERK PUBLISH June 27 and July 11, 1997. N 600 0 600 1200 Feet Vicinity Map �I PFMD01 97 M A S T E R U P D A T E Parcel 51203120700 Code Area 03 Type Qty Name ASCHENBRENNER LEONARD A & 010 38.500 FEDA NADINE 100 1.000 Buyer 190 1.850 C/O 310 Address 3875 W USTICK RD 320 990 MERIDIAN ID 83642 - 5431 Last Change : 95/04/17 By : ASR_DIXIE Total Desc. LOT 2 SEC 3 3N 1W 03NOlW030700 3N 1W 03 I] 3/05/97 16:58:55 Value ACTIVE_ 34236 35000 Bank Code Lien Code 60400 Prepaid. _ 40400 L.I.D_._ _ 30200- Bankrupt. _ Sub-. Code 139836 Annexation *NO Notes Exemption Hardship 0 Property Zoning R-4_ Flag _ Address 03875 W_ USTICK RD_ MERIDIAN ID 83.64270.000 D..D. _ Space # Type 1 REAL Roll 1 PRIMARY. Occ. 0 Action:. _ F2=Select F3=Exit FS=Corrected Notice F6=Letters F10=Tax. 01-10 SA MW KS IM II S1 AS400" KB • Max A. Boesiger, Inc. General Contractor & Developer March 18, 1997 City of Meridian Ms. Shari Stiles 33 E.Idaho Meridian, ID 83642 Dear Shari, INAWN 0 0 " O-110� 0 SUMMERFIELD THE VINEYARDS WESTDALE PARK EAGLE POINTE Attached please find our draft of the Covenants for the proposed Dakota Ridge Subdivision. Please note sec. 9.2.1 on page 24, our proposed wordage concerning the sewer easement to the existing house, for Gary Smith's approval. If you have any questions, please don't hesitate to contact me anytime. Sincerely, Richard Boesiger EAGLE POINTE 2447 S. 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Tim cn�m�m;KXXT� �, 7C 7C 7C 7C 7C 7C 7C T�T�7C 7C 7C0� V V �p�A� AA+AAw+AAA+NNT`A� T 0 N N N N NND (r NN(T (!1N NN01 f)1 (1101 T T A+A+ A Q G GG G N m N Z 0 A A x Z p m A (per 0p1W0p1 (p��p110101 0p1pW p m co OD W m 6D 6o OO OOD OODNNf00 X11 A pppppp D N 138 V N N N N N N N N(�N Npp W V N O N pm pm pp�mmm r W W ST ONi ��.V.11 W W � N11 �. V1 W0w1� A ��p A1 ��.V1571 571 W MOW O W W m CA Ch mU1m f1101N O1 fT c,1w W ACn N(T O0D W 10NA 4 tl1 W W <O wcowww 0 NOTICE OF HEARING 0 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 6:00 p.m., on June 18, 1997, for the purpose of reviewing and considering the Application of Max Boesiger Inc., for a Preliminary Plat for land located in a portion of Government Lot 2, Section 3, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located South of Ustick and'/2 mile West of Ten Mile Road. The applicant requests Preliminary Plat approval of the parcel of land above described for 90 single family dwelling lots for Dakota Ridge Subdivision. 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 30 h of May, 1997. WILLIAM G. BERG, JR., CI CL RK PUBLISH May 30 and June 6, 1997. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR DAKOTA RIDGE SUBDIVISION - PHASE 1 THIS DECLARATION is made effective on the day of 1997, by MAX A. BOESIGER, INC., and Idaho corporation hereinafter referred to as "Declarant." WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "Property," more particularly described as follows: Dakota Ridge Subdivision Phase 1, a portion of Government Lot 2, Section 3,T.3N, R.1W City of Bae, Ada County, Idaho, according to the official plat thereof recorded as Instrument No. records of Ada County. NOW, THEREFORE, Grantor hereby declares that the Property and each Lot. parcel or portion thereof, is and/or shall be held, sold, conveyed. encumbered, hypothecated. leased, used, occupied and improved subject to the following terms, covenants, conditions, reservations, easements and restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by any Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 1 I 0 ARTICLE I 0 DEFINITIONS 1.1 "Articles" shall mean the Articles of Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including Regular, Special and Limited Assessments of the Association as further defined in this declaration. 1.3 "Association" shall mean and refer to Dakota Ridge Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon the use of the Property under the jurisdiction or control of the Association, the imposition of fines and forfeitures for violation of Association Rules and Regulations, and procedural matters for use in the conduct of business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of thrust encumbers parcels of real property on the Property. 1.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property with the exception of Common Area 1.8 "Bylaws" shall mean the bylaws of the Association. 1.9 "Committee" shall mean the Architectural Committee described in Article VI hereof. 1.10 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area in Phase:J to be owned by the Association at the time of conveyance of the first Lot is described as follows: wed Lot 1, Block 12; Lot 1 Block 13; Lot 21, Block 10; tgy Lot 31, Block 10; lot 50. Block 10, together with certain real property located in the public right- of-way of Ustik Road, immediately adjacent to the subdivision. 1.11 "Declaration" or "Supplemental Declaration" shall refer to this declaration as hereafter amended and supplemented from time to time. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 2 0; 0 0 1.12 "Declarant" shall mean and refer to Max A. Boesiger, Inc., an Idaho corporation, and its successors and assigns, if such successors and assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such transferee the Declarant's rights with respect to such Lots. 1.13 "Grantor" shall mean and refer to the Declarant. 1.14 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.15 "Lot" shall mean and refer to a Building Lot. 1.16 "Member" shall mean each person or entity holding a membership in the Association. 1.17 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.18 "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 obligation. 1.19 "Plat" shall mean the recorded Plat of Dakota Ridge Subdivision- PHASE 1 and the recorded Plat of any other Properties annexed hereto. 1.20 ""Properties" or "Property" shall mean and refer to the real property hereinbefore described, and such additions thereto as may hereafter be annexed and brought within the coverage of this declaration as more particularly provided for herein. 1.21 "Set Back" means the minimum distance established by law between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.22 "Unit" shall mean one residence which shall be situated upon a Lot. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 3 • 0 ARTICLE II GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 Land Use and Building Type. No Lot shall be used except for residential purposes, and no Lot or the Common Area shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lot. No improvements shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling. 2.1.1 Size Limitations. Split level and two (2) story Units shall have not less than 1500 square feet of interior floor area, exclusive of porches and garages. All other units shall have not less than 1500 square feet of interior floor area on the ground floor of the main structure, exclusive of porches and garages. 2.1.2 Garages. Each Unit constructed with the Property shall include at least a two (2) car, enclosed garage which is an integral part of the Unit structure. 2.1.3 Roofing Material. The roof of each Unit shall be constructed of minimum 25 year architectural style composition specifically approved in writing by the Architectural Control Committee or cedar shakes or shingles. 2.2 Architectural Control. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Property, unless and until the building plans, specifications, and plot plan have been reviewed in advance by the Architectural Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the Architectural Committee, in their reasonable discretion, deems relevant. Said requirements as to the approval of the architectural design shall apply only to the exterior appearance of the improvements. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 4 0 0 0 2.3 Exterior Maintenance: Owner's Obligations. No improvements, including mail boxes and landscaping, shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damage to Property or facilities on or adjoining their Lot which would otherwise be the Associations' responsibility to maintain, the Board, upon fifteen (15) days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such Owner's Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. Such cost shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable, and his Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owners as Regular Assessments. Each Owner shall have the remedial rights set forth herein if the Association fails to exercise its rights within a reasonable time following written notice. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destruction. If after ninety (90) days of the repair, restoration or reconstruction of such damaged or destroyed improvements have not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon Owners Lot for the purpose of doing so and such Owner shall bear all costs incurred by the Association, a lien shall be applied to the Lot. 2.4 Improvements Location. No improvements shall be constructed in violation of set -back requirements established by law, or by this Declaration as set forth on the recorded plat of the Subdivision. 2.5 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot or the Common Area nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Excessive barking of dogs shall be considered a nuisance. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 5 0 0 0 9 2.6 Temporary Structures. No improvements of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be placed or used on any Lot at any time as a residence either temporarily or permanently. 2.7 Signs. No sign of any kind shall be displayed to the public view on any Lot except one sigh of not more than five (5) square feet advertising the Property for sale or rent, or signs used by a builder or the Declarant to advertise the Property during the construction and sales period. 2.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 2.9 Livestock, Poultry and Pets. No animals, livestock, or poultry of any kind shall be raised, bred 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 complies with all city, and county laws, rules and regulations. No more than 2 household pets shall be allowed per unit. All household pets shall be confined to that area within the boundaries of the lot or kept on a leash. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a set -back line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structure be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules. Excessive barking dogs shall be condidered a nuisance under Sec. 2.5. 2.10 Garbage and Refuse Disposal. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior of a Unit in sanitary containers. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 Water Supply. No individual domestic water supply system shall be permitted on any Lot. 2.12 Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to the following sewer requirements of the City of Meridian: 2.12.1 A monthly sewer charge must be paid after connecting to the City of Meridian public sewer system, according to the ordinances and laws of the City. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 6 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within its Property. 2.12.3 The applicant/Owner of this subdivision, or Lot or Lots therein, shall and hereby does vest in the City of 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 stated. 2.13 Sight Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (3) and six (6) feet above the roadway 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 (30) feet from the intersection of the street lines, or in the case of a rounded Property corner from, the intersection of the street Property lines extended. The same sight -line limitation shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.14 Declarant's Right. Declarant reserves the right to construct residences and other improvements upon any Lot and to offer the same with completed structures thereon for sale to individual Owners. 2.15 Boats, Campers, and Other Vehicles. No boats, trailers, tractors, recreational vehicles, (i.e., any trailers, campers, motorhomes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similar equipment, motorcycles, snowmobiles, trucks (working or non -working) greater than three-quarter (3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Architectural Committee. Notwithstanding the foregoing, any boat, camper trailer or recreational vehicle which is in good repair and working order may be stored on the side yard of a Lot between the front and rear of the unit if screened by a six foot (6') fence and if the vehicle does not exceed the following dimensions: eight (8) feet wide, twenty-seven (27) feet long and ten (10) feet high, and that the parking area be located on the same side of the unit as the garage. Provided, however, such storage may not be located adjacent to the street on a corner Lot. The R.V. parking area and driveway to the parking area shall be surfaced with concrete or such material as approved by the Architectural Control Committee. Gravel or rock shall not be allowed. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 7 2.16 Bathrooms: All bathrooms, sink and 1poilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 Antennae. No television antennae, satellite receivers, or radio aerials shall be installed on the Property, other than within the interior of a Unit. 2.18 Hazardous Activities. No activity shall be conducted on or in any Unit, Lot or Common Area 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 fires shall be lighted or permitted on any property except in a self- contained barbecue unit while attended and in use for cooking purposes, or with a safe and well-designed interior fireplace, (except such picnic fires in portions of said Common Areas designed for such use or) except such controlled and attended fires required for clearing or maintenance of land. 2.19 Unsightly Articles. No unsightly articles shall be permitted to remain on any Lot or Common Area as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Committee. "Screened" is defined as being concealed or made non-visible from eye level, at ground level, at all points within the Property. 2.20 Light, Sound - General. No light shall be emitted from any Lot or Common Area which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot or Common Area which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive to others. 2.21 Construction. During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.22 Re -Construction. In any case where it is necessary to reconstruct a Unit or any improvement in the Common Area, said re -construction shall be prosecuted diligently, continuously and without delays from time of DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 8 commencing thereof until such structure is fully completed and painted, useless prevented by causes beyond control and only for such time that such causes continue. 2.23 Maintenance and Repair. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.24 Fences. All fences shall be of vertical cedar design and construction. No chain-link fences, grape stake fences or fences of basket -weave design shall be allowed. On all corner lots, the fence must be set back five (5') from the edge of the sidewalk bordering the side street. All fences shall meet the City of Meridian ordinances. All fences located behind the front setback line shall be no more than 6' in height. All fences located within the front setback area shall be no more than 3' in height. 2.25 Plat Conditions. All covenants, conditions and restrictions and other matters set forth on all Plats are hereby incorporated by reference and notice is hereby given to the same. 2.26 Front and Side Yard Landscaping. The front yard of each Lot and the side yard of any Lot which is adjacent to a street must be planted with sod within twenty-one (21) days of substantial completion, or occupancy, whichever shall first occur, or as soon thereafter as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded and/or landscaped, within ninety (90) days of occupancy of the Unit. The failure of the Owner to timely comply with this paragraph shall constitute a failure to perform exterior maintenance and the Association and/or the Grantor shall have all rights and remedies provided in Section 2.3, or any other provision of this Declaration. The lot shall be landscaped with minimum 80% of the lot area in grass sod and the remainder in other acceptable landscape materials, (Trees, shrubs, bark, etc.). In lieu of the above, a detailed landscape plan may be submitted to the A.C.C. for approval. 2.27 No Dumping. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, without the prior written Approval of the Declarant or the Architectural Committee. The Owner of any Lot who dumps such material shall be liable for the cleanup and/or removal costs in accordance with Section 2.3 hereof. 2.28 Detached Storage Buildings. One storage building may be allowed on each lot provided the building is permanent in nature, is 150 sq. ft. or less and is constructed with the same siding, roofing material and paint color as the main structure. Any storage building or structure must meet the setback requirements of the City of Meridian. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 9 ARTICLE III is PROPERTY RIGHTS 3.1 Owner's Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions. 3.1.1 The Association has the right to suspend the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid. 3.1.2 The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed on by the members. Such dedication or transfer shall be effective upon the recording of an appropriate instrument executed by the President and Secretary of the Association and upon which said officers affirm that the transfer or dedication was approved by the Owners of a majority of the Lots. 3.2 Delegation of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the members of his family, guests, tenants or contract purchasers who reside on the property. 3.3 Damages. Each Owner shall be liable for any damage to such Common Areas or other property owned or maintained by the Association which may be sustained by reason of the negligence or willful misconduct of said Owner or of his family and guests, tenants or contract purchasers, both minor and adult. In the case of joint ownership of a Lot, the liability of such Owners shall be joint and several. The cost of correcting such damage shall be charged as a limited assessment against the Owner and his Lot and may be collected as provided herein for the collection of other assessments. ARTICLE IV DAKOTA RIDGE HOMEOWNERS' ASSOCIATION 4.1 Organization of Association. The Dakota Ridge Homeowners' Association ("Association") is an Idaho Corporation formed under the provisions of the Idaho Non - Profit Corporations Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. Neither the Articles nor the Bylaws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 4.2 Membership. Each Owner of a Lot subject to this Declaration (including the Declarant) by virtue of being such DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 10 0 0 an Owner and for so long as such ownership 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 appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee 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. 4.3 Voting. The Association will have two (2) classes of voting memberships. 4.3.1 Class A. Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any 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 one (1) vote be cast with respect to any Lot. 4.3.2 Class B. The Class B member shall be the Declarant. Upon the recording hereof, Declarant shall be entitled to three (3) votes for each Lot of which Declarant is the Owner. The class B membership shall cease and be converted to Class A membership on January 1, 2010, or when the Declarant no longer owns any Lots within the property subject to the Declaration, whichever event shall first occur. 4.4 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws, and this Declaration as the same may be amended and supplemented from time to time. 4.5 Powers and Duties of the Association. 4.5.1 Powers. The Association shall have all the powers of a non-profit 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 Bylaws 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 Bylaws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the proper management and operation of the Common Area and the performance of the other responsibilities herein assigned, including without limitation: DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 11 0 0 4.5.1.1 A ssments. The power to 1 assessments (Annual, pecial and Limited) on the wners of Lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. 4.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto; to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration of the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 4.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as 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 to delegated. 4.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules, and regulations as the Association deems reasonable and which are consistent with this Declaration (the Association Rules). The Association rules shall govern the use of the Common Area by the Owners, families of the Owners, or by an invitee, licensee, lessee or contract purchaser of any Owner; provided, however, that the Association rules may not discriminate among Owners and shall not be inconsistent with this Declaration the Articles or Bylaws. 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. Upon such mailing or delivery and posting, said Association rules shall have the same force and effect as if they where set forth in and are a part of this Declaration. In the event of any conflict between such Association rules shall be superseded by the provisions of this Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 4.5.1.5 Emergency Powers. The Association or any person authorized by the Association may enter upon any Lot in the event of any 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. 4.5.1.6 Licenses, Easements and Rights -of -Way. The power to grant and convey to any third party DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 12 such licOes, easements and rights- -way in, on or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area and for the preservation of the health, safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: 4.5.1.6.1 Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating, power, telephone and other purposes; 4.5.1.6.2 Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and 4.5.1.6.3 Any similar public or quasi -public improvements or facilities. 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 Declarant, and their issue who are in being as of the date hereof. 4.5.2 Duties of the Association. In addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, 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: 4.5.2.1 Operation and Maintenance of Common Area. Operate, maintain and otherwise manage or provide for the operation, maintenance and management of the Common Area including the repair and replacement of property damaged or destroyed by casualty loss and other property acquired by the Association. mr,A A�C„r; �t�n-erai�-rale in �^6 C e�-�-P•E�--O n_x h-® T''�. �S14A �=5 1 -1 �� 6-r�—terra 1 r a n.' c iu c a a �. ewes an boundary g *ho or�r . 4.5.2.2 Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Area owned 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; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 13 state an 0ocal, including income o* rporate taxes, levied against the Association in the event that the Association is denied the status of a tax exempt corporation. 4.5.2.3 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the Common Area and the property owned or managed by it. 4.5.2.4 Insurance. Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance. 4.5.2.4.1 Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual Owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Area or their property owned or managed by it. Limits of liability of such coverage shall be as follows: not less than Five Hundred Thousand Dollars ($500,000) per person and Five Hundred Thousand Dollars ($500,000) per occurrence with respect to personal injury or death, and property damage. 4.5.2.4.2 Full coverage directors and officers liability insurance with a limit of Two Hundred Fifty Thousand Dollars ($250,000), if the Board so elects. 4.5.2.4.3 Such other insurance including Workmen's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds 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 their person charged with the management or possession of any Association funds or other property. 4.5.2.4.4 The Association shall be deemed trustee of the interests of all Members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith. 4.5.2.4.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 14 I 4.50 4.6 Notwithstanding any lsher provision herein, the Association shall continuously maintain in effect such other additional casualty, flood and liability insurance as the Board deems necessary or appropriate. 4.5.2.5 Rule Making. Make, establish, promulgate, amend and repeal the Association rules. 4.5.2.6 Architectual Committee. Appoint and remove members of the Committee, all subject to the provisions of this Declaration. 4.5.2.7 Drainage Systems, The Association shall maintain the storm drain and retention ponds located on and any storm drain Public Right -of -Way; is not performed by piping not located in the to any extent such maintenance any public authority. 4.5.2.8 Right -Of -Way Maintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and the fence located adjacent to Ustick Road or any other public right-of-way adjacent to the Property and such other landscaping located within public right- of-way as the Board deems necessary or appropriate. 4.5.2.9 Irrigation Maintenance. Maintain, repair replace all irrigation lines or channels located on or serving this subdivision, and to pay all maintenance and construction fees of any Irrigation District with respect to the Property, which amounts shall be assessed against each Lot as provided herein, unless maintainance is provided by the Nampa -Meridian irrigation Dist. 4.5.2.10 Street Lights. Maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the City of Meridian or other governmental entity, which has jurisdiction of such matters. 4.5.2.11 Subdivision Approval Responsibilities. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 4.6 Personal Liability. No member of the Board or any committee of the Association or the Architectural Committee or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of the Association, the Board, the manager, if any, or any other DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 15 representative or etloyee of the Association,4he Declarant or the Architectural Committee, 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 V COVENANT FOR MAINTENANCE AND ASSESSMENTS 5.1 Creation of the Lien and Personal Obligation of Assessments. 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 the Association; 5.1.1 Annual regular assessments or charges. 5.1.2 Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided; and 5.1.3 Limited assessments as hereinafter provided. The Regular, Special and Limited assessments, together with interest, costs and reasonable attorneys' 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' 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. 5.2 Purpose of Assessments. 5.2.1 Regular Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, to pay property taxes and other assessments, to pay the annual assessments of any irrigation district and to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties, and business of the Association. 5.2.2 Special Assessments for Capital Improvement. In addition to the annual 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, costs and expenses of the Association which exceed the regular assessments or the costs and expenses of any construction, DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 16 • 0 reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall be approved by a two-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay a one-time special assessment of Two Hundred Dollars ($200.00) per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. Grantor, as agent for the Association, shall be entitled to collect this one-time special assessment at the closing of the Lot sale. This one-time special assessment shall be used to defray organizational cost for the Association and general costs of operation. 5.2.3 Limited Assessments. The limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such Owner, without limitation, costs and expenses incurred for the repair and replacement of the Common Area or other property owned or maintained by the Association, damaged by negligent or willful acts of any 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 Owner as provided herein. 5.3 Maximum Annual Regular Assessment. The initial maximum annual regular assessment to be assessed by the Association, shall be Two Hundred ($200.00) per Lot per year. 5.3.1 The maximum annual assessment may be increased by the Board each year by not more than ten percent (100) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. 5.3.2 The maximum annual assessment may be increased above ten percent (100) by a two-thirds (2/3) vote each class of the members who are voting in person or by proxy, at a meeting duly called for this purpose. 5.3.3 The Board of Directors of the Association may fix the amount of the annual assessment at an amount not in excess of the maximum as established from time to time. 5.3.4 The total annual regular assessment, levied against the Lots owned by the Declarant, shall be the lessor of (a) the amount of the regular DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 17 assessmefe er Lot multiplied by the 6mber of lots owned by Declarant or (b) the difference between the total annual assessment levied against lots owned by the other parties, other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 5.2.1 for the fiscal year. 5.4 Notice and Ouorum for any Action Authorized Under Sections 5.2.2 and 5.3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5.3 and 5.4 shall be sent to all members not less than ten days (10) nor more than fifty (50) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (50%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called 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 subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 5.5 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time. 5.6 Date of Commencement of Annual Assessments - Due Dates. The annual regular assessments or any special assessments then in effect as provided for herein shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates 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 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. 5.7 Effect of Non-payment of Assessments - Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date on a rate of twenty-one percent (21%) per annum or at the highest rate allowed by law if such rate is less than 210. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclosure the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. 5.8 Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 18 to the lien of any erst mortgage. Sale or trIsfer 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 extinguish the lien of such assessments as to payment which become due prior to such sale or transfer but shall not extinguish personal liability. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VI ARCHITECTURAL COMMITTEE 6.1 Members of the Committee. The Architectural Committee for the Property, sometimes referred to as the "Committee", shall consist of three (3) members. The following persons are hereby designed by Declarant as the initial members of the Committee for the Property: Name Max A Boesiger, Jr Richard D. Boesiger John W. Holland Address 1399 East Monterey Drive Boise, Idaho 83706 131 Williams Boise, Idaho 83706 4720 West Emerald Street Boise, Idaho 83706 Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. 6.2 Right of Appointment and Removal. At any time, Grantor is the Owner of at least one (1) of the Lots, Grantor shall have the right to appoint and remove all members of the Committee. Thereafter, the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. 6.3 Review of Proposed Construction. The Committee shall consider and act upon any and all proposals of plans and specifications submitted for its approval pursuant to this Declaration, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee to review and approval. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of any structure affected thereby and will be in harmony with the surrounding structures. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 19 6.3.1 Condit' s of Approval. The Comm ie may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, any may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 6.3.2 Committee Rules and Fees. The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed Twenty Five and no/00 Dollars ($25.00). Such fees shall be used to defray the costs and expenses of the Committee or for such other purposes as established by the Board. Such rules and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 6.3.3 Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of any required plans and specifications, the Committee may postpone review of any plan submitted for approval. 6.3.4 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within seven (7) days after filing all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The said seven (7) day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 6.4 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 20 • Representative (who y, but not need be one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to section 6.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Committee taken without a meeting, shall constitute an act of the committee. 6.5 No Waiver of Future Approvals. The approval of the Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 6.6 Compensation of Members. The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the Board. 6.7 Inspection of Work. Inspection of work and correction of defects therein shall proceed as follows: 6.7.1 Within sixty (60) days of completion of the work, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 6.7.2 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days of completion of the construction, the improvement shall be deemed to be in accordance with the approved plans. 6.8 Non Liability of Committee Members. Neither the Committee nor any member thereof, nor its duly authorized Committee representative, shall be liable to the Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith without willful or intentional misconduct. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and to the Property generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 21 shall not be respooble for reviewing, nor sh* its approval of any plan or design from the standpoint of structural safety or conformance with building or other codes. 6.9 Variances. The Committee may authorize variances from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Committee, and shall become effective upon recordation in the Office of the County Recorder of Ada County. If such variances are granted, no violation of the Restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and Lot set -back lines or requirements imposed by any governmental or municipal authority. ARTICLE VIII ANNEXATION OF ADDITIONAL PROPERTIES 8.1 Annexation. Declarant presently intends to develop other neighboring properties and may, in Declarant's discretion, deem it desirable to annex some or all of such other properties to the property covered by this Declaration. The annexed properties may, at Declarant's sole discretion, be used and developed for any purpose allowed under appropriate zoning regulations. Such other properties may be annexed to the Property and brought within the provisions of this Declaration by Declarant, its successors or assign, at any time, and from time to time, without the approval of an Owner, the Association or its Board of Directors provided that the FHA and the VA, or the HUD representatives thereof, determines that the annexation is in accordance with the general plan heretofore approved by them. As such properties are developed, Declarant shall, with respect thereto, record a Supplemental Declaration which shall annex such properties to the Property and which may supplement this Declaration with such additional or different covenants, conditions, restrictions, reservations and easements as Declarant, and FHA and VA, or the HUD representatives thereof, may deem appropriate for the other properties or portions thereof and may delete or eliminate as to such other properties such covenants, conditions, restrictions, reservations and DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 22 r easements as are coinued herein which Declart. and FHA and VA, or the HUD representative thereof, deem not appropriate for the other properties. 8.2 Additional Properties. Subject to the provisions of Section 8.1 above, upon the recording of a Supplemental Declaration as to other properties containing the provisions as set forth in this Section, all provisions contained in this Declaration shall apply to the added properties in the same manner as if it were originally covered by this Declaration, subject to such modification, changes and deletions as specifically provided in such Supplemental Declaration. The Grantees of Lots located in the other properties shall share in the payment of assessments to the Association as provided herein from and after the recordation of the first deed of a Lot within the added properties from Declarant to an individual purchaser thereof. 8.3 Procedure for Annexation. The additions authorized under Section 7.1 above, shall be made by filing of record a Supplemental Declaration or other similar instrument with respect to the other properties or portion thereof, which shall be executed by Declarant or the Owner thereof and shall extend the general plan and scheme of this Declaration. The filing of record of said Supplemental Declaration shall constitute and effectuate the annexation of the other properties or portion thereof described therein, and thereupon said other properties of portion thereof shall become and constitute a part of the properties, become subject to this Declaration and encompassed within the general plans and scheme of covenants, conditions restrictions, reservations and easements and equitable servitudes contained herein as modified by such Supplemental Declaration for such other properties or portion thereof, and become subject to the functions, powers and jurisdiction of the Association. Such Supplemental Declaration may contain such additions, modifications or declarations of the covenants, conditions, restrictions, reservations or easements and equitable servitudes contained in this Declaration as may be deemed by Declarant and FHA and VA, or the HUD representatives thereof, desirable to reflect the different character, if any, of the other properties or portions thereof or as Declarant and FHA and VA, or the HUD representative thereof, may deem appropriate in the development of the properties or portion thereof. ARTICLE I% EASEMENTS 9.1 Maintenance and Use Easement Between Walls and Propertv Lines. The Association or owner of any lot shall hereby be granted an easement of 5' width on the adjoining properties for the purpose of maintenance of fence and/or landscaping so long as such use does not cause damage to any structure or fence. DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 23 9.2 Oth iaintenance Easements. 4 ments for installations and maintenance of utilities and drainage facilities are reserved as shown on the record plat. Within these 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 of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for these improvements for which a public authority or utility company is responsible. A further easements is hereby reserved in favor of the Association for access to and maintenance of any irrigation facilities serving the Common Area. 9.2.1 Sewer Easement. The following paragraph shall apply to lots 9 and 10, Block 1 only. The sewer easement shown on the plat for lot 8 shall be reserved for a sewer service to lot 9. The owner of lot 8 shall place no structures, trees, or shrubs on said easement, except that grass sod and sprinkler lines necessary to water the sod are allowed. If it should become necessary for the Owner of Lot 9 to work on or repair the sewer line in said easement, it shall be the responsibility of the Owner of Lot 9 to replace the earth, sod and sprinkler system to their original condition. This paragraph cannot be amended without the written consent of the City of Meridian. ARTICLE % GENERAL PROVISIONS 10.1 Enforcement. The Association or any Owner, shall have the right to enforce, by the proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 10.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 10.3 Interpretation. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 10.4 Term and Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 24 automatically extend for successive periods • ten (10) years unless an instrument signed by seventy-five percent (750) of the then Owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year period by an instrument signed by the President and Secretary of the Association affirming that such amendment was approved by two-thirds (2/3) of the Owners of the Lots covered by this Declaration or by an instrument signed by two-thirds (2/3) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots the provisions of Article VI may not be amended without the written consent and vote of the Grantor. IN WITNESS herein, has day of WHEREOF, the undersigned, being the Declarant hereunto set its hand and seal this . 1997. Max A. Boesiger, Inc., an Idaho Corporation By Richard Boesiger, V. Pres. STATE OF IDAHO } ss. County of Ada } On this day of , 1993, before me the undersigned, a Notary Public in and for said State, personally appeared RICHARD BOESIGER known or identified to me to be the Vice President of Max A. Boesiger, Inc., the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: DAKOTA RIDGE SUBDIVISION DECLARATION - PHASE 1 25 JUL-08-1997 14:06 FROM CERTIFICATION OF HEARING NOTICE SIGN TO 6 BOESIGER P.02 I, Richard Boesiger ( Max A. Boesiger, Inc.), do hereby certify that a hearing notice sign for Dakota Ridge Preliminary Plat application was' placed at the subject parcel on July 7, 1997. Richard Boesiger STATE OF IDAHO } ) ss. County of Ada ) O 4Lday , 1997, before me,`the undersigned, personally appeared e , known to me to be the person whose name is subscribed to the within instr ent, who, being by mefirst duly sworn, did depose and say that she executed the foregoing instrument. IN WITNESS WHEREOF, I have set my hand and affixed my official seal the day and year in this certificate first above written- . gTAR °•. SUB LZ y1, ba0000 �,� Y.,�s�,,E•O OF 97021 Maignnotjoe2 Nota ;Public fo Residing at My Commission TOTAL P.02 c-4 STATEMENT OF COMPLIANCE DAKOTA RIDGE SUBDIVISION 1. The proposed streets will be built to Ada County Highway District's standards and dedicated to the District. All proposed sidewalks will be five (5') feet in width, and shall meet the requirements of the City of Meridian. 2. The proposed residential development is in compliance with the Meridian Comprehensive Plan. The area is designated single family residential. 3. The proposed development will connect to City sewer and water. An existing 15 inch sewer trunk line traverses the property along the east boundary. A 12 inch water main is available in Ustick Road. 4. The proposed subdivision has 90 buildable lots (including one existing home). The proposed density is 3. 15 dwelling units per acre which complies with the density requirements of the R-4 zone. All lots will meet or exceed 8,000 square feet required by the R-4 zone. A 20 foot landscaping lot has been provided along Ustick Road to buffer the adjoining lots. A landscape median will be located at the easterly entrance with landscaping adjoining the west and east entrance. A micro -path has been incorporated along the west boundary for connection to the future elementary school. The lots were designed with 80 feet of public street frontage with exception of corner lots where a 40 foot frontage is allowed. Two lots in the southeast corner will take access on a 30 foot shared driveway or alley. This cannot be avoided because of the existing sewer trunk line and the requirement by the City Engineer for a separate lot for sewer access. We are proposing to pave the 30 foot separate lot and have the access serve a dual function. This separate lot prohibits the two lots from having street frontage. 5. Applicable easements will be shown on the final plat. 6. Street names will be submitted to the Street Name Committee for review. 970210. nar (1) a8� I 0 WEI i� ug� UNPLATTED VI ZONE — RT mm N w oozr3r E 1019.,]0• N W77'37' E 321.03' zIt w w GN S „i C a a RRR G E 0 o 01 O Z awr IN war 1 $ O O m D p �" z Drm N .k a R $�In k D $ R m Z&a . � 8 rn i j a B < g w N O-WOCr E 347.Sr N Cb•F' N 0053'39' Ej$ ;° /a kf o IN• t w' NI1z254.00' a ? S J aI u � 11 pp7.7- P 1 n3 ho J h s ee N4 S� J pA_ I I I Im tgol Wt 1 a a ��?8.a $ if J I BONY NA 1 �� to NA I AVE Ix of Kgs Y ' �o o —y ° $ IN m 0 k L E + IN t(la I E� b o Iw E ,t5 It F I I I Et l01• m! Ra to 5 — b0 $ wE E� IM° D N 101 p N ON 1N E 101 IN '&g Y i E 04 N IN- 04 u1 IN $ q roe prs f 0FII to or K 4J g a° J 111' aY y los f tt5 1 � O M � I•a $ ;f Ea w L N. R,wl' o, rMY I �'L-- !O m CkoC !W w iN S Ca � SY w � V �a �a I C♦k� ... �° �N a aB CK 6 BLOCK 3 LOCK l 151NDYM/—I 1 1E 1 Ilf ►I s • w I 1342.bW ' i m se a —�Ir w ' X03 T c I T 11 a8� I 0 WEI i� ug� UNPLATTED VI ZONE — RT mm N w oozr3r E 1019.,]0• N W77'37' E 321.03' zIt w w GN S „i C a a RRR G E 0 o 01 O Z awr IN war 1 $ O O m D p �" z Drm N .k a R $�In k D $ R m Z&a . � 8 rn i j a B < g w N O-WOCr E 347.Sr N Cb•F' N 0053'39' Ej$ ;° /a kf o IN• t w' NI1z254.00' a ? S J aI u � 11 pp7.7- P 1 n3 ho J h s ee N4 S� J pA_ I I I Im tgol Wt 1 a a ��?8.a $ if J I BONY NA 1 �� to NA I AVE Ix of Kgs Y ' �o o —y ° $ IN m 0 k L E + IN t(la I E� b o Iw E ,t5 It F I I I Et l01• m! Ra to 5 — b0 $ wE E� IM° D N 101 p N ON 1N E 101 IN '&g Y i E 04 N IN- 04 u1 IN $ q roe prs f 0FII to or K 4J g a° J 111' aY y los f tt5 1 � O M � I•a $ ;f Ea w L N. R,wl' o, rMY I �'L-- !O m CkoC !W w iN S Ca � SY w � V �a �a I C♦k� ... �° �N a aB CK 6 BLOCK 3 LOCK l 151NDYM/—I s • w I 1342.bW —�Ir UNPLATTED m 1° I T 11 ZONE R4 EN^414— � �I�1 NO. 1 '\ZY �Er.�S¢TATE-, — R4 0 m F O U w z IQ C m RA nod'" i Nos z� ^' NO K'�$ a a5 G�tn OZ j {Ir01 �n Z g$� j pDH az V O\, IA j\i 27 DIp 4)mmm A L N mL N�q O cZ �1 1 >< -Z Z' Z. Z gi_ Nm� A Sc' Dv ?r O ��'o�a comic o �'v V v6 N D 8 <3 D 0 �5 e � * DESCRIPTION FOR DAKOTA RIDGE SUBDIVISION May 8, 1997 Description of proposed Dakota Ridge Subdivision, being a portion of Government Lot 2, Section 3, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of Government Lot 2 (north 1/4 corner) of Section 3, T. 3N., R. 1W., B.M., thence S 0027'37" W 25.00 feet to a point on the southerly right-of- way of Ustick Road, the REAL POINT OF BEGINNING of this description; Thence S 89006'21" E 1,320.42 feet along said right-of-way to a point on the east line of said Government Lot 2; Thence S 0026'04" W 1,342.08 feet to the southeast corner of said Government Lot 2; Thence N 89001'50" W 771.04 feet along the south line of said lot to the southeast corner of a proposed school site: along the boundary of said proposed school site the following; Thence N 0°58'10" E 61.07 feet to a point; Thence N 0°00'00" E 347.57 feet to a point; Thence N 17000'00" E 108.69 feet to a point; Thence N 0053'39" E 254.00 feet to a point; Thence N 74057'26" W 111.04 feet to a point; Thence N 47000'00" W 339.34 feet to a point; Thence N 8903223" W 223.11 feet to a point on the west line of said Lot 2; Thence N 0027'37" E 321.03 feet to the REAL POINT OF BEGINNING of this description, this proposed subdivision comprising 28.64 acres, more or less. Michael E. Marks, P.L.S., No. 4 970210\legal.des (1) E. e. -,` ,Vpt 10 6. USTICK ROAD 16 —8 U 2 3 17 16 15 14 13 9 B$ CK7 1 6 5 4 3 2 � 2 2 lllJJl 12 10 W. BISM RK OR 3 G�la 16 1 2 3 k �YjF 11 6 5 43 2 1 3 4 s, 1� 4 lfq 113LOI 4 > 6 < -- ep�y5 O 7 8 9 10 12 13 5 0 a e 7 ® 13 T 6 X 1-11 1 Q� 2O 6 � 6 Q 12 11 7 8 �+ 9 a 13 12 11 10 a 9 110 oOc 8 7 7 a 11 Z 14 15 16 17 18 6 i I A. 2 3 FUTURE SCHOOL SITE z 12 W BEDROCK ST 19 9 12.0 ACRES 1314 15 16 m \ B K 4 20 21 17 NOT A PART 21 20 19 18 OF THIS PLAT 22 W. CHERVIL DR r 1 1 5 23 4 BLO 3 KA, 2 -2 24 6 7 8 W. ANGELICA DR3LBL 14 K 6 AS'.,',! PI..Pii`�!tlING AS+'.,',! 21 1.20 Is 'i! .7 16 1:1 14 12 11 10 s W. MOON LAKE ST. M&R 1 L ttiy7 a 34 33 32 31 30 7 29 0 6 THE AVC G 26 27 s HERRY LAN 4 NO.03 3 23 2s 22 24 -1 2 14 N t1 S,. I m I {� X13 2� 2 W. TETER ST. o a I --� 2 19 d -C e 6- 11 1!! kJ4 17 Meridian City Council July 15, 1997 Page 17 maintenance, upkeep, etc. So the roadways, it is very feasible it could be included in that. Corrie: Thank you Becky, comments for staff? Rountree: Gary, Shari any comments? Any additions to the comments that were provided by fax? Did they address your issues? Stiles: They addressed my issues. Smith: They addressed my issues, Mayor and Council. Morrow. Do either one of your know the status of the CC&R's or the development agreement, were they in this process do we know? Stiles: The covenants were submitted with the preliminary plat application, however I do not know if Council has had an opportunity review them and make any comments. Morrow. Let me ask you this, within that document is there provision to fund the road repairs if private roads are granted as requested. Stiles: Specifically the private roads I do not believe so. Morrow. Mr. Mayor, I would move that we approve the final plat for Honor Park Subdivision No. 3 by William Hon subject to staff conditions and the additional condition that within the development and including the CC&R's a provision be made to establish a sinking fund to find the private roads as requested by the client on a regular amortized basis and that there appear notification on the plat there is a requirement of that so that everybody can be aware that there are special conditions that exist for those private roads. Rountree: Second Corrie: Motion made that we approve the final plat for Honor Park Subdivision No. 3 subject to staff and additional agreements with the CC&R and conditions as stated in the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DAKOTA RIDGE SUBDIVISION BY MAX BOESIGER INC.: Corrie: At this time I will open the public hearing and invite the developer to start the program. Meridian City Council July 15, 1997 Page 18 Morrow. Mr. Mayor, if I could ask for clarification by the Council concerning potential conflict. The original property owner is not only a friend but a business associate in terms of I purchase things or have purchased things from he and his family with respect to my farming operation. I don't feel that it is a conflict or constitutes a conflict but I would like a declaration by the Council whether it would be in their mind or not. Rountree: I don't see a problem. Tolsma: I don't have a problem. Corrie: Hearing that there is no conflict by the Council Mr. Morrow we will allow you to stay. With that statement again I will invite Mr. Boesiger or a representative of the subdivision. Becky Bowcutt, 1111 South Orchard, Boise, was sworn by the City Attorney. Bowcutt: This is Dakota Ridge Subdivision, it probably looks familiar to you. It came in approximately two years ago, the previous applicant was proposing to plat the entire property and it is was approved by the City of Meridian. That particular developer did not proceed with the project. My client Mr. Boesiger e of the first hings that vicked up the pi� fie t didowa Mo Aschenbrenner when we began this project o meet with the school district. The school district was interested in putting an elementary site on this particular property. They had the funds in their to purchase the property, they do not have the funds to construct the elementary at this time. We met with the school district and discussed what their needs were, the size of the site and so forth and configuration. In order to come up with this particular layout we had to sketch a school site. So Mr. Boesiger did pay us to sketch the school site, this is based on what they called their canned elementary plan. This is their standard elementary building that you see here. We did this one to demonstrate that the school could be constructed on this property in this configuration that they could get access to the property to meet Uniform Fire Code and building codes and so forth. We submitted to the school district, they reviewed it they said we think that will work for us and then we proceeded forward to design our development around this school site. As you can see the way this is laid out one of the things that we wanted to do was to have an entrance that would function for the subdivision but it would also function for the school site. The school district in the past has had problems where the entrance to the elementary is internally within the residential subdivision. There are school busses there are peak hours attributed to the elementary for drop off and pick up. A lot of people complained to the Highway District, complained to the school and therefore when we laid this out we put this roadway here with no lots front on it. So basically they had. one shot right into the school this would be their bus turnaround and then this would be their parking area here. Their second means of accesses the stub street here and they can either have a full access down here somewhere or a secondary emergency access whatever will meet their needs. I would like to stress that this is a concept only, the school district has not retained an architect to lay it out at this time. This is just for discussion purposes to get the ball Meridian City Council July 15, 1997 Page 19 rolling. It could develop very different from what we show here today as far as the school site is concerned. We have our second entrance right here adjoining us is Englewood Subdivision on our eastern boundary. On our southern boundary is the lake at Cherry Lane No. 3 and then our Western Boundary is unplatted property zoned R -T rural transition. One of the hurdles that we had to deal with was the fact that there is an existing sewer line that runs through this property. It is a trunk line, it is 18 inch it transitions to a 15 inch, comes down into the Lake at Cherry Lane and you can see these little manholes here, those are existing. We had to work around that trunk line to make the project fit these parameters. In doing so we worked these micropaths in here that would function basically for sewer maintenance, secondly for pedestrian or bicycle access between these two blocks. This particular corner .was troublesome for us because as you well know the City Engineer prefers that we have a separate lot for the sewer trunk lines so that you don't have encroachment of landscaping, fencing or any disputes with residential uses. Sooffa sharedutting tdeveway arate (ot there concept it tlt slates usedhn many lots. So we came up with the idea jurisdictions around the valley in situations where you have a limited access. They function quite properly this one is 30 feet wide, it would be paved, asphalted, it functioned for maintenance of the sewer and a shared driveway for those two lots. I have one in my neighborhood right off of McMillan in the Hickory Subdivision there are I think three lots that come off a shared driveway and it basically Y's into driveways where the garages are. It works very well and we feel that is the only solution to those lots, however they do not have frontage up on the public street as delineated in the ordinance. Ada County Highway district did review that situation, their comment was they wanted it made clear on the plat that those two particular lots had perpetual ingress and egress to the public street that would run with the land. So obviously they could never be cut off from access to their lots by any entity, person, etc. The property that we are developing is approximately 28.6 acres, the school site is approximately 12 acres. We have got 90 residential, single family lots. We have an existing house on this lot here and our density is 3.15 dwelling units per acre. All of these lots exceed the minimum 8,000 square feet. All lots meet the frontage requirements with the exception of Lot 4 and 5, Block 6. Then this lot 19, Block 3, we did have adequate frontage for that lot, however in Staff s recommendations we had to bend the micropath and their recommendation was straighten out the micropath for safety purposes and visibility and reduce your frontage, I think the statement was it appeared to be a trade off that would be acceptable. This particular lot is on the corner so that allows us the ability to reduce below 80 because it meets below the criteria. This particular lot 19 is 18,726 square feet. So it far exceeds 8,000 square foot minimums but you just can't get the frontage to work because of that sewer trunk line. We have submitted a variance for those three lots for the frontage requirement. The other issue that we have is the length of this block here, it does exceed the 1.000 foot maximum length. We did put a micropath right here to the school site, that does break up the block. I looked through the ordinance just kind of glancing through it one day and in pedestrian walkways under section 9-605 C it states right of ways for pedestrian walk ways in the middle of long blocks may be required where necessary to obtain co be at eastnient s1rian 0 feet wide) We have got on to schools, 2 aand shopping areas, etc. The easementshall Meridian City Council July 15, 1997 Page 20 it is not an easement it is a separate lot. So we feel that is breaking up that lot, we provided the 20 foot buffer all along Ustick Road as required in the ordinance. We have a good traffic circulation, these 90 degree turns make that traffic have to slow down as it comes through the development. We are making a vehicular connection to the future phase of Englewood that was coordinated with City staff and Ada County Highway District. We have also got a stub street on a southern end down here with the future phase for the Lake at Cherry Lane. So we have those two stubs and then our two main accesses. In working with the school district our first phase is this area right here, this is a two phased project. We have told the school that we will build the street into them, to this perimeter right here. Then this stub street comes in along the school property to link up the Lake at Cherry Lane. We will construct all of this street here. Sewer will be coming from this manhole over here to connect to the school. According to Staff their building will have to be located somewhere in this vicinity due to the fact of the depth of the sewer as we pull it in this direction. Water is up in Ustick Road, we will bring water in also. While we are on the issue of the sewer, in conversations the developer has had with the staff they have indicated that to extend it a westerly direction that sewer just starts getting too shallow. It will not have the ability to service the properties on the north side of the street. Therefore extension of that sewer along Ustick Road will not be necessary. I think one of Gary's comments was referencing the sewer corridor. We kept that sewer line within the appropriate City corridor within the public right of way with the exception right here at the entrance. There is a short stretch right in here where it is breaking out of the corridor. One of the problems that we had is we went to the highway District, we had it in the right corridor and the highway district asked us to move our street further west to increase separation between Englewood's entrance and ourselves. We did, they instructed us to however we did protest and said well if you make us move this entrance you will be moving the sewer outside that corridor. Their comment was how come we are always the one that have to break our requirements and no one else is willing to do so. They said you are going to have to work with the City of Meridian on that issue. That is where we want the approach, that is where you shall put it. So we do need a little compromise with staff on that. In their comments, the only thing I wanted, 1 addressed the frontage and the block length. We have submitted a variance to staff. I think that will probably be coming up the first of next month. We would hope that the City Council would kind of address if what we are proposing seems reasonable so that we can go ahead and proceed forward an start getting our plans in order for the first phase. Do you guys have any questions that I would potentially answer? Morrow: Becky, I need to know Ustick Road it is a section line road you have taken into account the required setbacks and right of way for section line roads? Bowcutt: Yes we have 48 feet from center line as ACHD required and then an additional 20 foot landscaped lot that runs through here to this point and then runs from here to this point. Right here that would have to be an easement on this lot because that lot takes access directly to Ustick and we will have to bring the water and sewer through here. So this obviously they are going to have to have frontage. Meridian City Council • • July 15, 1997 Page 21 Morrow. Tell me a little bit about the compromise that you wish us to look at with respect to the sewer line and the highway entrance. Does the sewer line corridor now go over into the lot itself? Bowcutt: No sir, the sewer line just comes out of that corridor just a little bit. See this island and here is that sewer line as it (inaudible). Morrow. So it actually goes under the asphalt as opposed to being under the island. That is the compromise you are asking us to make? Bowcutt: Yes Morrow. That is pretty major isn't it. Talk to me a little bit now about your perception of the access to the school. Is that road that is coming off of Ustick in your diagram is that a full width self-contained road so that it doesn't impact the parcel to the west? Bowcutt: That is a 50 foot right of way which is what ACHD required and then we would be building a 37 foot full section, curb, gutter, sidewalk, 5 foot sidewalk both sides. The Highway District gave us the option of building half plus twelve and no, obviously we wouldn't put any sidewalk on the west side. Our comment to them was no we have told the school district that we will build this street to the parcel therefore we will build a full section and grant full right of way width which is 50 feet. Morrow. My follow up question then would be is how did you anticipate buffering the parcel to the west? Bowcutt: The parcel to the west is zoned rural transition, we have not seen a design on it. We have been told there has been a design, I did talk with Mr. Steiner prior to the Planning and Zoning Commission meeting. I recommended to my client Mr. Boesiger that he meet with Mr. Steiner or Mr. Campbell excuse me and Mr. Boesiger did have a meeting with Mr. Campbell. We talked out here basically what we told them was we are providing the streets, both streets to the school district. We are bringing the sewer, we are bringing the water. We have worked very carefully with them, what are you doing for the school district? The City of Meridian has always prided itself on when we do developments what are you doing for the community as far as maybe some park donations or a school donation or something that benefits the public interest other than just the developer. So, we basically, our position is we are doing this, is 20 foot of landscaping too much to ask? In your ordinance where you require, there is a statement on landscaping Section 9-605 G, planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial, industrial uses to screen the view from residential properties. Such screening shall be a minimum of 20 feet and shall not be part of the normal street right of way or utility easement. I think the key in this section is from residential properties. This property is not residential, chances are it will be yes. It is not zoned residential it is zoned Rural Transition, 5 acre Meridian City Council • July 15, 1997 Page 22 minimum lot size. Not annexed into the City and I guess our position is we have done a lot working with the school district we provided them legal descriptions of their property, we wrote sewer easements for them out to this manhole. We wrote an easement for access to this street which they closed yesterday. The school district's agreement with Mr. Aschenbrenner shows the street being right here. Ada County Highway District when they reviewed our project and their staff report says, item 6 construct Cedar Creek Avenue located as proposed adjacent to the west property line. I talked to Mr. Carbury today, he did meet with Mr. Campbell of Steiner Development. I asked Mr. Carbury about moving the street and he indicated we like it the way it is. We closed on the property yesterday, we have already provided them legal descriptions showing that street right there. My opinion is they are coming in after us and then they will be residential, at that time I think it is the least they can do is provide some buffering there. We are just talking about this short stretch. When the school comes in as a conditional use permit which they will have to under the R-4 designation then at that time their layout could be reviewed for some buffering along that parameter whether it be 10 feet or whatever. Typically they don't, the school district does not put their parking right next to your property. They usually have some arborvitae and some fencing and either bark or grass. Tolsma: I have a question, on your lower access (inaudible) where you come in (inaudible) South and that roads that goes back up you said you were building that in its entirety? Bowcutt: Yes sir, this street exists right to this point, this stub street right here is not there. It will be in their phase. What we will be constructing from this point here all the way up to make that connection. So the school gets that second access. Tolsma: will that road there then be fenced off from the school district you might say? Bowcutt: it is a public street and how they configure their site would probably determine whether it needs to be fenced off. If there is a playground there maybe it will be fenced say with a gate, that will be the access for the teachers. Some of the schools now they do an isolated parking lot for their teachers. Tolsma: But that is on the school district's property there. That little green area there in the corner is that green for a purpose? Bowcutt: That is landscaping and that is for drainage purposes. We located some of those in this area, that is the function of these in here. We proposed like putting a sub- surface seepage bed underneath this pathway here. Those are for drainage purposes only. We need to provide some area other than that which is under the public right of way for drainage like some retention areas where we can use some bioswales and get some storage and so forth other than this subsurface. We have installed water monitoring tubes out on the property and they are being monitored for the ground water. Meridian City Council July 15, 1997 Page 23 Tolsma: I know you probably don't have any control over what the school is going to do but could there possibly be another access right on that street there to get into the school property, a walkway access? Bowcutt: Right here? Tolsma: Down at the lower street down here. Bowcutt: A pedestrian, I am sure there will be a pedestrian there. Tolsma: (Inaudible) Bowcutt: On this the little sketch that we did, the concept we showed a pedestrian yes sir. Tolsma: That is all I had. Corrie: Any further questions from the Council? Thank you, is there anyone else from the public that would like to issue testimony at this time? Steve Bradbury, 300 N. 6"' Street, Boise, was sworn by the City Attorney. Bradbury: Mr. Mayor, members of the Council as you know I represent Steiner Development, Lou Steiner, he is the owner of the property which is located to the south of this proposed project and to the west of this proposed project. The south of course you know is the extensions I guess it is Lake at Cherry Lane No. 3 and 4 which are immediately adjacent. To the west is a parcel of property that Mr. Steiner recently acquired with the expectation that it would be developed into a residential subdivision. Although you don't have a specific development application before you at this point in time. I have been advised that it is underway and at some time in the not too distant future you would be seeing an application for residential development to the west. I would like to make it as Gear as I can that Mr. Steiner of course doesn't have any objection whatsoever to the concept of a residential development on this property and doesn't have any objection whatsoever to the idea that a school would be provided and a school site would be provided. What his concerns are with respect to the potential adverse impacts that this particular layout might have on the future residential properties to the west. More specifically (inaudible) the concern that he has got is with respect to the location of this street here. Since it is proposed (End of Tape) some concerns with respect to the potential layout of parking lot immediately adjacent to the properties and then the extension of this driveway. As you folks undoubtedly know and Becky has pointed out to you the primary purpose of this road and the extension of the driveway is to provide access to the school. What that means is at 8:00 every morning a line of schools busses are going to be coming in and then going out. About 3:00 every afternoon a line of schools busses are going to be coming in and going out and people are going to be coming in and going out in order to pick up and drop off their kids. I Meridian City Council July 15, 1997 Page 24 happen to have elementary age children, I happen to drop them off at school in the morning when school is in and I know how many cars go in and out of elementary schools dropping off kids because 1 get in the traffic jam about five times a week, nine months out of the year. It will generate a significant amount of traffic up and down that street. What, let me back up and say, we realize that this is not in front of you tonight but it will be before long. This potential interference in combination with this interference is what really drives the reason that Mr. Steiner asked me to come in and speak to you tonight. What we would like to be able to do and like to be able to propose and in fact have proposed to the applicant is that either this street be moved over so that it accesses this parcel in a more or easterly direction. Or if that can't be done and it may not be appropriate then at a minimum simply provide an effective buffer between the property line and this road right of way which is of course going to provide that access. The letter that I sent into you folks earlier this afternoon I assume you have seen it or if you haven't I brought extra copies. What I did is I asked you to consider deferring the matter until some time in the future so we could have an opportunity that is Mr. Steiner through his representative Mr. Campbell could meet with the applicant and see if we can't work that out. Since we had about an hour before this evening before this matter came up on the agenda we did spend some time talking to him and tried to work out some sort of a compromise. Frankly it doesn't look like we are going to be able to do it without your help. We would like to be able to sit down with these folks and see if we can't find a way to solve the problem. Maybe using your staff or one or two of you to try to help us assuming you have an interest in trying to accomplish that and to help Mr. Steiner out on that problem. One potential solution and you all know that I am not an engineer and so I can only just talk in terms of ideas or concepts is they are providing a 60 foot wide lot right here which is as I understand for drainage and buffering and about a 30 foot lot here which is for drainage and buffering. Perhaps those two lots and simply be moved over and the road would go over and meander its way in (inaudible) in other words by providing some buffer over into this location doesn't necessarily mean that their lot layout that is the residential lot layout is going to be impact. It is simply a matter of (inaudible) That was apparently not acceptable to the applicant either. Becky mentioned the section of the ordinance that requires 20 foot wide buffer strips between incompatible features such as highways and by the way the definition of a highway in your ordinance is essentially it is the same thing as a street. It says highway means the way same thing as street. So what we would like to suggest is that the road in this location is an incompatible feature with the future residential development that is undoubtedly coming , onto this property. It needs to be buffered, under the ordinance it requires a 20 foot buffer Street. We would like the Council either to direct the applicant to discuss solutions with us or to simply adopt as a condition of approval that a 20 foot buffer be placed there. With respect to Becky's point that the ordinance speaks about residential properties needing buffering. It is a rural transition piece of property. The rural transition 5 acre minimum lot sizes for residences. In addition I was just looking at your comprehensive plan map your comprehensive plan map shows that this particular property owned by Mr. Steiner for single family residential uses. I think it is fair to say that this is a residential piece of property that we are asking be buffered. Mr. Campbell did meet with Mr. Carberry today and either Mr. Carberry said two different things to two Meridian City Council July 15, 1997 Page 25 different people or somebody got their wires crossed. Mr. Campbell understood that Mr. Carberry to say he didn't care where the road went. I don't think we are going to have any problems moving that road over 20 feet. I just can't see that is going to cause a problem for the school district, for the highway district or for the applicant and it can provide a significant benefit to Mr. Steiner. What we want to do is the same thing that these folks want to accomplish, the very same thing. The reason the road is here is because people don't like to have busses driving up and down their residential streets. That is exactly why that road is there. What is going to result if the road is built as proposed is that there is going to be or likely to be building lots assuming they are approved by you folks, building lots that will back up to that road so they will have a road behind them where busses go and a row in front of them where they drive, the owners of those properties drive. That just seems to me that a'20 foot landscape buffer solution is not too much to ask. I would be pleased to respond to any questions that you may have. I will try to see if we can't find a way to work it out. Corrie: Council, comments or questions? Morrow. Mr. Mayor, I guess Mr. Bradbury I don't have questions specifically I guess what I want to address this perspective of yours, and your clients and Mr. Campbell's is from a philosophical stand point. When I first came on the Council we had a really strong dilemma between the City and the Meridian School District over these kinds of issues of site locations and so on and so forth. Former Mayor Kingsford, current Mayor Corrie both Councils have struggled long and hard to resolve those things and to be aware that we are trying to create a whole community and as such everybody sacrifices a little. Very candidly we have required of Mr. Voigt, Mr. Goldsmith, Mr. Johnson, southwest area for them to contribute actual dirt in 3 to 5 acre parcels to create park and school sites. It seems to me in this particular issue where this subdivision is creating and granted the school district and either Mr. Boesiger, his representative, Mr. Aschenbrenner or anybody else can speak to how the school district is going to layout the school in that property. But by virtue of them providing that site which we desperately need as a City and a community that it also serves Mr. Steiner and his properties. They have a direct benefit to that, that from my standpoint as a councilman when Mr. Steiner's project comes before us I would look to see that he - takes this concept and enhances it and makes it work for our community. I think that the issue here is that these folk have paid their fair share and some to boot and it is up to you folk if you expect to be annexed and zoned and approved from my perspective to pay your fair share and to help out. So very candidly I would not look favorably upon one subdivision, one parcel of property paying the full price. This is a community it is a cooperative effort and you will cooperate as far as I am concerned in terms of making this work. So I have a problem with the position that you are representing from that standpoint. Bradbury: I appreciate the position that you are taking and maybe some history helps. You folks, I have been in front of you representing Mr. Steiner on a number of occasions for a number of projects. And you all know what Mr. Steiner and his project have Meridian City Council July 15, 1997 Page 26 donated to the City. You have a couple of golf course holes out there that Mr. Steiner gave and you have a fire station site that Mr. Steiner arranged for, well you almost have it. There is a deed in your file somewhere that Mr. Steiner arranged for the City to have. So I don't think that, you know that when the City is in need of some help Steiner provides it and has in the past. I expect that when Mr. Steiner comes in with the development on this next project you will probably ask Mr. Steiner to do something for the community and I expect that Mr. Steiner probably will. Now all we are talking about right now however is trying to keep a road from the back yards of people who are likely to be citizens of your city where busses are going to be driving up and down it. We are simply asking for a 20 foot buffer strip along that section of street. So yes I appreciate the fact that everybody has got to pull their own weight and provide their own share and I don't think that at least from my perspective that Mr. Steiner has been lacking in that respect. In addition, I guess I don't know this so since I have been put on oath I have to qualify it with saying it is something that I have been told. I haven't seen any of these documents but I had the understanding that the school district didn't acquire that site for free I understood they bought. I am not altogether sure that the applicant has provided quite as much as what maybe they are trying to suggest they have. Maybe that is a question that you need to ask them, they have the information better than I do. In any event 1 appreciate the position, what we are talking about right now though we have an application in front of you, we simply want to ask you to enforce a provision of your ordinance which provides for the buffering of incompatible features. I think a road that is primarily designed to access a school is a feature that is incompatible with the future residential subdivision. I guess we know that for an absolute certainty because that is what they have done. They have buffered from that road probably because they know they need to for the very same reasons we are asking for it. Tolsma: I have a comment, right now in the City of Meridian we have three schools that are right square in the middle of housing subdivisions that busses go in and out of every day along with all the people dropping off their children. We have a proposed new high school that is going to go in that is going to be right in the middle of a subdivision also. There is no exterior buffers, there is no landscaping. They are using the public streets to run the busses in and out of. There are probably 15 to 20 busses per day in the morning and in the afternoon also. There isn't anything different then what we have -right here. The Chief Joseph Elementary, the Linder Elementary, the brand new one that is in the back of Albertsons. All of them are accessed to school busses and all of them are accessed to drivers (inaudible) right through the middle of subdivisions to do that. There doesn't seem to be any problem out there. Bradbury: Well I guess there must because the school district has asked these folks to give them a separate access and a different location that wasn't in the middle of their subdivision. That is why it is there, that is what I heard Becky Bowcutt say a minute ago. The school district said let's avoid the complaints and the controversies that we get when we put our accesses through the middle of a subdivision. Let's move it over onto the corner. That is why it is here. Meridian City Council • July 15, 1997 Page 27 Tolsma: You have to get in there someway. Bradbury: I agree with you and we don't have a problem with the fact that they want to get in, it is great and I think Councilman Morrow is right having a school there probably provides some benefit to all of the property owners within that vicinity because we are going to be able to resolve the crowding problems in the Meridian Schools. We will have a place to send the kids when, as the City grows. All that is granted, all we are talking about is please move the road over 20 feet and put some landscaping in so that these busses aren't driving in the backyards of the people that are going to be living there one day. Corrie: I have a question, how do you know that is going to be a back yard? Bradbury: Well I guess I don't know that, you are right, you don't have development plans, that is what I said in the very beginning. The best I can do Mayor is to project what I think is likely to happen there.. Morrow. Mr. Mayor, I would like to just make two final comments to clarify two points. One is that historically we've have and yes the ground was bought by the school district. The issue is there that historically we have had a terrible time to get developers to sell ground to the school district. We have had a terrible time in the location. Very candidly the high school site that Mr. Tolsma speaks of was aggressively encouraged by us in working in conjunction on monthly meetings with the school district,. the junior high site that essentially is off of Eagle Road we worked very hard with the land owners to get them to sell those parcels to the school district. The Van Auker parcel that is on the future Pine extension we worked very hard over the course of a couple of years to get those sales to occur. The second issue with respect to Mr. Steiner's contribution of the golf course ground those were originally golf course sites with Leavitt New Pacific in 1977, 1978, 1979. He bought with the full knowledge of knowing that it was going to continue to be a golf course site. Yes he through Mr. Campbell have done a heck of a job in terms of working with us and designing a class subdivision that has enhanced that. Mr. Teter has provided the desperately needed fire station and we has a City are very appreciative of that. From my perspective that is part of what goes in terms of making a good community. With respect to schools our best investment is those, sometimes the entrances and the ingress egress issues are not the best. Maybe the school district has made a mistake by having (inaudible) getting to and from the school sites. This is a much shorter site, it seems to me that we all benefit from this and so that Mr. Steiner and the children that are produced and schooled within his subdivision that are going to come to this site your design can be done in such a matter that it is an enhancement both to your subdivision and the families that will buy residences within that subdivision and for us as a community. Those are the two points I wish to make. Bradbury: Mr. Mayor I have one additional comment that you might here about here in a minute, I am not altogether sure if somebody is going to stand up and talk about it. So I will just raise it now. The issue with respect to this private drive (inaudible) and some of Meridian City Council July 15, 1997 Page 28 the concerns that folks have is that there may be some temptation to drive vehicles across there unless there is. some sort of a gate or ballard system or something put up to keep people from driving through beyond the end of the driveway across the sewer lot that is in the Lake at Cherry Lane subdivision and then out onto those roads. What we would like to suggest the Council do is consider requiring some sort of gate or some sort of blocking device just at least to keep vehicles from coming across there. I don't think that should create too great of a problem for anybody and might save everybody a little bit of a headache. Thank you for taking the time to listen. Corrie: Steve, just in case your request is not acted on favorably. I would hope that Mr. Campbell and Mr. Steiner would do what Mr. Morrow says is work as closely as you can with the City and make that a good entrance there as well. I don't know exactly how they will go but I am convinced that they will work with us, am I correct? Bradbury: I have not doubt that we will work with you. We may fight with you for a little while first. Corrie: Anyone else from the public that would like to issue testimony on this? Rebecca Winston, was sworn by the City Attorney. Winston: My concern as a homeowner is with the block 6, lot 6 access for the sewer that you have in the Dakota development. We happen to be residents the Cherry Lane side of that development that also has the sewer access easement portion of it designed to it (inaudible). I have a couple of questions to address the Council. One who's responsibility first is to maintain those easements. Is that something that the developer is to maintain, is it the City's responsibility to maintain it or is it the homeowners association to maintain it. If it is the homeowners responsibility to maintain it we were not advised of that when we purchased our properties because our property in fact is not maintained and so my concern is the opposite easement also going to be non -maintained. I realize it access to two homes that are designated for that block 6 and those two lots back there, but that is a concern we have is it going to be weeds growing there? Then also the gutters and the drainage that will be on that easement portion where will that water go. When it is paved or if it is paved will it be curbed, will there be a gutter place there to take that drainage. Then my last concern as a homeowner there is 1 guess hindsight is better than anything but as a homeowner we didn't realize that property eventually would be developed in such a scale. I commend to the developers that it is going to be beautiful. But our concern is because we have homes there now is there going to be a fence placed around the development by the current developers so that we don't have to look in someone else's backyard. Or is that going to be our responsibility to block the view? That is all I have to say. Morrow. I think Mr. Smith can talk about, answer Mrs. Winston's question about the sewer accesses. Meridian City Council • July 15, 1997 Page 29 Smith: Mr. Mayor and Council members, Mrs. Winston was asking us prior to the meeting and I can't remember for sure but I am fairly certain that is a common lot area that the sewer exists within. As such that it would be a homeowners association responsibility to maintain it. I will have to check the plat of the Lake at Cherry Lane No. 3 tomorrow to be sure and I will do that. Morrow. And you will notify her of what that response is? Smith: I can do that. Morrow. Ms. Bowcutt, would you address the issue of drainage on lots 5 and 6 an the issue of fencing around the perimeter of the subdivision. Bowcutt: In order to keep that drainage within this channel we would go ahead and put rolled curb and create a curb and gutter so that water would drain into the right of way and go into our design drainage, storm drainage system so that it didn't sluff onto the lots or into the adjoining development. Morrow. And the question with respect to the fence? Bowcutt: As far as the fence is concerned we are not opposed to putting up a day there, obviously we would have to have, if the City wanted a lock on it we would have to have a City approved lock or ballards something along that line. Morrow. I guess I am asking the wrong question. Bowcutt: You are asking are we going to fence this whole perimeter? Morrow. Was that not your question Mrs. Winston? The question is the fence that fences the lots or the typical subdivision fences that normally exist. Bowcutt: They don't have a fence back here, I believe I asked Shari that question. She said this was developed prior to the requirement for perimeter fencing and I said so the burden falls upon us to fence and she said no because it is adjoining residential, did I misunderstand you? Stiles: On the perimeter fencing issue when it adjoins property that has already been developed we have not required the developers to fence that boundary. Morrow. For my clarification the Lake at Cherry Lane that was not a requirement at the time that it was developed that required a perimeter fence. Stiles. That is true Meridian City Council • July 15, 1997 Page 30 Morrow. And that this parcel of ground since it is being developed as residential is a compatible use so there is not a fence required is that what you are saying? Stiles: Yes, it was staffs opinion that it was unfair enrich someone else that had already developed their lots by having the adjacent developer put up a fence when they have already developed residentially. Morrow. So then getting to the bottom line here the fencing between individual lots of the Lake at Cherry Lane and Dakota Ridge would be like internal fencing within a subdivision where it is a cooperative effort between adjoining land owners, is that what you are saying? Stiles: They would be required to put the perimeter fence adjacent to Englewood Creek where there is not any development occurring yet. And also adjacent to the west boundary. Morrow. But the individual family lots would resolve the fence issue much the same as they would internally in a subdivision where owners cooperatively fenced their lots. And that would be the area where the Winston's live. Stiles: Yes Rountree: On that point, the record is not clear and maybe you need to get it clarified, the City's comment letter on this particular development says construct a 6 foot high permanent non-combustible perimeter fence except where the City expressly agreed in writing that such fencing is not necessary. Fencing is to be in place prior to applying for building permit. The engineer's response to that is the applicant understands perimeter fencing is required. A portion of the east boundary has an existing chain link fence installed by the developer of the Englewood Subdivision No. 1. The applicant understands fencing along the boundary is required prior to the issuance of a building permit. That was my understanding in reading the record on this particular. Well the question is are we going to do it or not? The record goes both ways at this point so we need clarification. Bowcutt: I agree, our understanding was regardless of whether it was residential or rural the perimeter must be fenced unless an existing six foot chain link or cedar board fence existed. Corrie: So then you are going to fence that section that is south? Bowcutt: Mr. Boesiger indicated that he would be willing to do so. Corrie: So then that would give you your fencing behind your property. (Inaudible) Meridian City Council • July 15, 1997 Page 31 Winston: That does satisfy us because we are town homes on the end of that development that comer. Our concern was that there would be a consistent look through the whole back of our property. So that meets what we would like. Tolsma: Would you be willing to contribute to the construction of that fence? Winston: No, because I was there first. Bowcutt: Just one more point, my client indicates that the condition reads non- combustible, obviously she is asking for site obscuring. May we have it as part of the record that we be allowed to put 6 foot cedar board? I don't think chain link is going to give her the privacy. Corrie: I think Becky what she is looking at is the consistency all the way across Cherry Lane to (inaudible) Bowcutt: Our preference would be cedar. Morrow. To try to bring this to conclusion I think that the fencing between subdivisions where you have residential lot backing up to residential lot is to be whatever the parties agree on in this case cedar or whatever. I think the requirement for non-combustible is when we are talking non -conforming uses or ag or industrial or commercial or that type of thing. So what we are after here is I think you have two subdivisions that back up to each other so that the fencing is compatible with normal subdivision property owner fencing because they are really lot to lot. And they are no part of a neighborhood although they are two different subdivisions. Corrie: Any further comment from the public? Rountree: I had another question for Becky, with the access road, was ACHD specific that they would not allow the extension of Niemann Drive to the West? Is that out of the question as far as they are concerned? Bowcutt: You mean going westerly? No, we discussed that, I asked the question if there could be a connection made going to the west. If you align with this intersection yes, their preference was just don't front any lots on it. So we don't, so it is just traffic (inaudible) we don't have any backing motion conflicts with school busses. Rountree: Any development then would front Niemann Drive. Bowcutt: Yes they could, they could extend that right through and align it with our Niemann and take it to the west. Meridian City Council July 15, 1997 Page 32 Rountree: Do you have a sense where the lateral goes from exiting this property. Does it go due north to Ustick? Bowcutt: It comes, it is piped through here, it surfaces here and goes up and then kind of goes in a northwesterly fashion. I think it diagonals across there and then goes across Ustick Road does it not that is what my understanding is. I think with another map you could clarify that. Rountree: That is okay that answers my question, it just seems to me that is a reasonable resolve to some of the issues that have been brought up. Bowcutt: (Inaudible) Corrie: Any further questions from Council? At this point I will close the public hearing. Council, discussion, comments, direction? Morrow. Mr. Mayor I guess for point of discussion from my perspective although I am glad that Mr. Bradbury by way of Mr. Steiner and Mr. Campbell brought up their points I am not so inclined to agree with tabling, it seems that there are several alternatives in terms of designing a compatible subdivision, compatible entryway. I don't see that there is any injury to any of the three of them by pressing ahead with this project. I think that it does make sense from our standpoint to do the common drive for lots four and five and block six. I do think however that there ought to be a means by which the concerns of access to Cherry Lane sewer access not happen so that there is no cross movement in terms of vehicles. I guess my suggestion would be that. City Engineer smith work out what is in the best interest of the City in terms of us accessing that for maintenance purposes. Those would be my thoughts in terms of this project. Rountree: Good motion do you want a second? Morrow. Yes Corrie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion on the motion that was made? All those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Staff will get that on record and find out what we need to do on that one. FIVE MINUTE BREAK ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DEVLIN PLACE SUBDIVISION BY D.W. INC.: Corrie: Would the representative for the preliminary plat come forward? r: MERIDIAN CITY COUNCIL MEETING: July 15 1997 APPLICANT: MAX BOESIGER INC. ITEM NUMBER; (� REQUEST: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DAKOTA RIDGE SUBD. 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 MINUTES FROM 6-18-97 P & Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS JJ 44- r, , yr OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zc*g Commission Special Meeting June 18, 1997 Page 27 Conser: I am an adjacent property owner to Bret Jones and I just wish to state that I support his proposal to do this addition to his property. I feel it would be an improvement to our area. Johnson: We appreciate that, anyone else? Any further discussion among the Commissioners? If not I will close the public hearing at this time. What is your pleasure? MacCoy: Mr. Chairman, I move that we move this forward to our attorney to prepare findings of fact and conclusions of law. Smith: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DAKOTA RIDGE SUBDIVISION BY MAX BOESIGER INC.: Johnson: I will open the public hearing and ask the applicant or the applicant's representative address the Commission. Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: This is Dakota Ridge Subdivision, the property has been annexed and zoned R-4. It was approximately two years ago. At that time a preliminary plat was submitted on the property and included the entire portion and it consisted of 135 residential lots. That particular applicant kind of went by the wayside. Mr. Boesiger optioned the property and we have been working in conjunction with Meridian School District they want to purchase the 12 acres which you see right here which is not part of our plat. Then the rest of it would be single family residential. So it has gone from 135 originally a couple years ago to 90 lots. Our density is 3.15 dwelling units per acre. It consists of 28.6 total acres. What we have done here is when we lay this out we came up with an acceptable width here for the school We have a street that comes in functions like a collector. The developer will construct this street in its entirety from Ustick Road down to the school property. We didn't front any homes on that particular street so that we wouldn't have any conflict between the residential traffic and the school traffic. To the south of us is the Lake at Cherry Lane No. 3. They have a stub street that will be constructed right here. Right now the improved phase is right here, what you see here. They will put this stub street in and then we have told the school district we will make this connection, will be a public street connection and then wrap into this development. Meridian Planning & Z#g Commission Special Meeting June 18, 1997 Page 28 We have got a second stub street (inaudible) on the eastern boundary here that intersects with Englewood Creek Subdivision and we coordinated with the Highway District and got information from their engineer on where to place that stub street. So we will have two stub streets and then we also have a second entrance here. This gives two points of ingress and egress for the future elementary site which is required under fire code. I would like to show you quickly we did a quick sketch and that is how we determined our width and depth for that school site. Using the school districts pad plan for their, they have a standard can plan for their elementaries. The building will have to site toward the south due to the fact the sewer is not that deep in this vicinity. The building would sit back here and then they would take access here and have a second means of access off that stub street. We showed this to the school district we did provide them a copy for their review to make sure their plan and their parking requirements would be met with this width and depth. One problem we had in designing this particular subdivision is the fact that there is an existing 18 inch that transitions to a 15 inch sewer trunk line coming off Ustick Road. That trunk was put in the property when it was still an agricultural use. It comes down but it meanders, it doesn't come down like you would think they would put it in. It comes in at an angle, angles out and then back down like this and goes down south into the Lake at Cherry Lane. We had to design around that trunk line, it is extremely large and it is just not one that you would want to relocate. That is why you see we have this micro path here because the City Engineer does require that we keep those sewer trunk lines in a separate lot so that we don't have any interference with landscaping or fencing on adjoining residential lots. We provided this particular pathway is 22 feet wide, this here is 30. Now it causes a problem when we got down to the south for the fact that it cuts off our frontage or our access to this public street. So, we sat back and took a look at that. What we proposed is these two lots, this will be paved by the developer and these two lots will take access off which is called a shared driveway. That particular concept is used all over the valley when you have accessibility problems. Sometimes it is preferable because it minimizes the number of approaches to the public street. It functions quite well, I have one in my particular neighborhood, there are 3 homes and they come off, they are tucked back in a corner, very similar to this. They come off a shared driveway and it works very well. The Highway District did review that shared driveway concept. The one required they asked of us is that we put notes on the plat so that there is a perpetual ingress and egress for access to those two lots that would run with the land forever. So that there would be no way that they could be cut off from access to the public street. That is easily done. We have a second micro path over here on this west side that is to the school district. I did coordinate that location with them, that was their preferred location in that vicinity. Kids would have access here, we will have 5 foot sidewalks both sides of the street. They will have access here, access here and then access here. With those three points is should function quite well. Whatever develops around it could coordinate their micro path connections also. There is one existing home on the property, it sits right here up on Ustick Road, that hope will be retained. We are platting that lot, it has (inaudible) because to Ustick Road due to the fact its garage is oriented directly to Ustick Road. We will be taking sewer and Meridian Planning & Zolog Commission Special Meeting June 18, 1997 Page 29 water to that lot, we provided and easement here. We will have to work this out with the staff in bringing that off there. That trunk line like I said comes down through here and we, all of these lots will sewer to that trunk line. According to Meridian's public works staff we can't extend that trunk line down Ustick road like you typically find where you take the sewer to and through due to the fact that I it is just too shallow and it couldn't serve any properties to the west at the depth that it is currently at. Water, there is a 12 inch water line here that Englewood brought through, we will have to take that down Ustick Road. All of these lots that you see here exceed 8,000 square feet. We meet the requirements of the ordinance for the minimum homes size of 1400 square feet. We will have to request a variance to the City Council due to the fact that we have got this block length here that does exceed 1,000 feet the. staff did address that in their comments. We are breaking it up at this point with the micro path and I think the intent of minimizing the block length is to provide acceptable pedestrian access between different blocks within subdivisions or adjoining uses such as parks, schools and that particular micro path would serve that function. We had an angle on this micro path in the beginning and we angled it in order to meet our 80 foot frontage requirement for this particular lot 19. In staffs comments they asked us to straighten the micro path out and reduce the frontage here and stipulated that we would need to request a variance for that particular lot on the frontage requirement. They felt that it was an acceptable compromise due to the fact that we get a nice straight connection with the micro path. All of these streets are public, one of the things that we worked through with the highway district we originally had a street coming straight through here. They want us to break that up to slow the traffic down. We will have some traffic exiting to the north from the Lake at Cherry Lane. They want us to put these different curves in here. Every time we make a 90 degree turn that traffic has to slow down. When we had a straight connection right here obviously you go that length traffic can get up to 45 miles per hour and that is not preferable. So this layout does slow that traffic down that may be inclined to cut through us to get out to Ustick Road. Do you have any questions? Johnson: Any questions from the commissioners? MacCoy: I have two, first place I commend you for doing your homework, I appreciate that I am sure we all do. (Inaudible) You have already received the staffs comments and gone over them, and I guess what I am hearing here is you have no problem with any of that. Bowcutt: We addressed all of staffs comments did you receive, Will did they receive a copy of my letter? Johnson: We did yes. Bowcutt: I addressed all of staffs comments and I don't think we had any disagreement other than the item where they questioned the less than 100 foot centerline radius on our curves here. When Ada County Highway District, I guess I probably ought to Meridian Planning & Zolog Commission Special Meeting June 18, 1997 Page 30 address that for the record when Ada County Highway District revised their policy manual they omitted a section that referenced what they call an L intersection and what this centerline radius should be. They did it, it wasn't intentional it just happed. The way that this policy plan reads that this centerline radius must be 100 feet well when you take an L here that is a 65 foot radius. So based on .our conversations with the Highway District and their reviews on other projects when this issue was brought up they have told us that as long as it meets the criteria of an L intersection it is acceptable. They are currently making changes to their policy plan right now, they are supposed to be adopted in July. We have repeatedly told them please get this section of your policy plan straightened out. So I would like the record to reflect that we are meeting their criteria based on what they have told us. MacCoy: Are you in receipt of the letter from Gary Johnson? Bowcutt: No sir Johnson: Here is a copy for you, you may want to read it while we take further testimony. MacCoy: Basically a quick run through that, the stand point there he has been doing farming for 57 years in the area and he raises some very good points that you might want to take into consideration. He is an operating dairy and he has. truck traffic and he has tractor operation and he also has the odors, the dust and the spray. I thought this idea about the sprayer planes too was of interest. He thinks that you should include that in your works so that people understand that they do have a real dairy and they don't want to have since they said they have been good neighbors all these years they don't want a lot of complaints later on from people new to the area and then find out they live next to a dairy. So, I just bring that up as a point of interest to you and I am sure you will take care of that. Bowcutt: If I could answer that, Ada County requires us when we are out on the fringe areas where we have other rural interests in the vicinity to put what they call the right to farm statute out of the Idaho Code on the front of our final plat. It basically states that when anyone that purchases a lot in this subdivision recognizes the fact that people have the right to farm whether that be a dairy or row crop whatever the case may be. Those uses are legal and cannot be considered a nuisance if operated under the current statutes. So I think something like that could be applied that has worked in the past. Johnson: Any other commissioners? Borup: Maybe just one of curiosity for myself, do you have any idea why that sewer line meanders like that through there? Meridian Planning & ZdOg Commission • Special Meeting June 18, 1997 Page 31 Bowcutt: I don't have any idea, I asked that question and no one could really answer it for me. Johnson: Mr. Smith could answer that, Gary Smith. Eng. Smith: Mr. Chairman, I can answer that question and I would like to make a few comments if it is all right. The sewer line was designed in 1976 1 think to conform to a preliminary plat that was being proposed. That is why it is where it is, it wasn't just arbitrarily just dog legged through that property. The other comments that I have sir or Becky, the first comment you responded to concerns a 24 inch pipe (Inaudible) a concrete ditch that traverses the parcel diagonally. Does that ditch go any farther than this piece of property? It does not so you will end that ditch at that point? Bowcutt: The water comes in right here Eng. Smith: I know where it is. Bowcutt: It looked like it just fed that property and there are two little drain ditches that pick up the waste and they function the same way. Eng. Smith: It does not cross Ustick to serve any property on the other side? Bowcutt: Not to my knowledge (inaudible). Eng. Smith: I know you understand our policies or the requirements of the ordinance. We raised a point about the content of the application on the square footage and the minimum lot size and minimum structure size. That was different then what shows up on the plat. I know what shows up on the plat is in conformance with the ordinance but I guess I am curious as to why it was stated in one manner on the application and otherwise on the plat? Bowcutt: It was a typo that just wasn't caught. They go through, we have your application on our word processor and they go through and revise those items with each application, they just didn't change that. Eng. Smith: The Lot 6, Block 6 that you are proposing to serve as a shared driveway, who will own that lot? Bowcutt: That is a good question, I guess we would have to talk to you what your preference be. Eng. Smith: Will it be a paved access way? Bowcutt: Yes, I guess the association would own it. Meridian Planning & Zd*g Commission • Special Meeting June 18, 1997 Page 32 Eng. Smith: Same as the micro link? Bowcutt: That would be our first option unless that was unacceptable to the City. We would pave it, we would pave the full width. Johnson: Anything else Gary? Eng. Smith: One other comment that I will make, I made for the Candlelight Subdivision for Englewood Creek and I will make it for this one. Similar to Mr. Johnson's letter the City of Meridian operates and maintains a sewage treatment plant '/4 mile north of this project site. We treat human waste there and once in a while there are some odors. Sometimes the wind blows from the northwest and just for the record we are there and we have been there since 1979 and we intend to stay and will be the best neighbors that we can be. But it is not an infallible situation and it is a process that does have odor for the record. Johnson: Anyone else for the applicant at this time? Smith: I have a couple of questions, that shared driveway lot 6, Block 6 does the fire department require any type of turn around at the end of that? Bowcutt: The ones that we have designed in the past in various fire districts have not required a turn around. I haven't seen Mr. Bowers response to this plat, I know I received it. Typically what the look at is if that dwelling is within 100 if they can get within 150 feet of the rear of the dwelling it meets the uniform fire code. So if you, say you parked a truck right here at this corner, there is a fire here. It is 80 feet from here to here and 84 feet from there to there. And your house is going to sit right in this area. I think it is 150 to the rear of that building. Smith: So they don't need to drive down there? Bowcutt: They don't have to no. Smith: I know they don't like to back their trucks. Bowcutt: No they don't like to back them up and in these situations we have never had to provide a turn around unless it was excessively long. Smith: The second question I had was the elementary site is that part of your client's property? Meridian Planning & Z&g Commission Special Meeting June 18, 1997 Page 33 Bowcutt: The elementary, the property is owned by Mr. Aschenbrenner and we have an option on the 28.6 acres and the school district has an option on the 12 acres. So we do not control this. Smith: So the extent of your client's contribution the school is the access drives. Bowcutt: Yes, this, this and the sewer and the water. Johnson: Thank you Becky, anyone else from the public that would like to address the Commission at this time? Any further comments from staff or the commissioners? Borup: Mr. Chairman, speaking to the application and I realize a variance on lot 19 on the lot width and I realize the City Council needs to make that but considering the 18,000 square foot lot with over 200 feet down one side that seems a reasonable request in that situation to me. Johnson: We can take that as an educative comment couldn't we. Borup: From the standpoint of a builder when you have a lot that size you can have a reduced setback. Johnson: Anyone else? At this time I will close the public hearing. MacCoy: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. Johnson: This is a preliminary plat findings of fact are not required. So we need to have a motion recommending approval or disapproval for the City Council. MacCoy: Mr. Chairman, I recommend that we approve the preliminary plat and forward it to the City Council. Smith: Second Johnson: Motion and a second to pass a favorable recommendation onto the City Council for the preliminary plat for this application, all those I favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DEVLIN PLACE SUBDIVISION BY D.W. INC.: Johnson: I will now open the public hearing and ask that the applicant's representative or the applicant address the Commission at this time. Re: Preliminary Plat for DAKOTA RIDGE SUBDIVISION, 90 Single-family Building Lots on 28.6 Acres by Max A. Boesiger, Inc. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/dramage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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 street development plans. 4. Provide five-foot- wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. DAKOTA RIDGE SUB.PP • • COUNCIL MEMBERS OFFICIALS HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA JANICE L. SMITH, City Treasurer GARY D. SMITH, RE., City Engineer CITY OF MERIDIAN ARLES M. GLENN R. BE TLEYEE BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 MALCOLM MACCOY W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor MEMORANDUM: June 13, 1997 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City En me Shari Stiles, P&Z Administrator Re: Preliminary Plat for DAKOTA RIDGE SUBDIVISION, 90 Single-family Building Lots on 28.6 Acres by Max A. Boesiger, Inc. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/dramage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. 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 street development plans. 4. Provide five-foot- wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. DAKOTA RIDGE SUB.PP Mayor, Council and P&Z June 13, 1997 Page 2 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 7. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 8. Respond, in writing, to each of the comments contained in this memorandum, prior to the scheduled June 18, 1997 hearing by the Meridian Planning and Zoning. Submit ten copies of the revised Preliminary Plat Map to the City Clerk's Office a minimum of one week prior to the hearing by the Meridian City Council. SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this site will be via the existing main that traverses through the development. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. The length of the entrance island on N. Prairie Way looks like it would impede the access to Lot 2, Block 3. Shorten the island to cover no more than Ih the frontage of Lot 2. Add an arrow symbol designating the front of house orientation on Lot 2, Block 1 toward Bismark Drive. 4. The minimum centerline radius of curves for all local streets is 100 feet per the Ada County Highway District's Development Policy 7204.4.11. Six curves within this proposed development do not conform. Revise the plat to correct this, or supply the Public Works Department with an explanation of ACHD's criteria for acceptance of the sub -standard designs. DAKOTA RIDGE SUB.PP 0 Mayor, Council and P&Z June 13, 1997 Page 3 Pi 5. The application submitted with the preliminary plat states that the minimum square footage of the lots would be 8,320 and the minimum square footage of the structures would be 1,500, but the face of the preliminary plat states that the lots will be 8,000 square feet and the structures will be 1,400. The minimum square footages per Ordinance are 8,000 for the lots and 1,400 for the structures. Please state the correct proposed data. 6. Rework the lot configurations around the south end of the micro path through Block 3 to facilitate the path extending clear to the right-of-way of Bedrock St. without any bends. Lot 18 should have 40 feet of frontage clear of the pathway. This may require Lot 19 to have less than the required minimum frontage of 80 feet; however, with its extra large size, a variance from this requirement seems to be a minor compromise in order to get the micro path completed through the block without having hazardous bends that make it difficult for a pedestrian to see around. 7. Please darken up the contour lines on the preliminary plat map. They are so faint now that it is very hard to see any existing ditches or features that may need special consideration. 8. Indicate any existing ditch easements on the preliminary plat map. The Rutledge Drain, for instance, is reported to have a 60 -foot -wide easement centered on the drain. 9. The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the front of house only on lots that have a side(s) that don't meet the minimum frontage required by the particular zone, or when there is concern with aesthetics. 10. Identify the source of the pressurized irrigation system. Any proposal for a supplementary connection from the City's water system will need to reviewed closely due to the size of the area to be watered. 11. 250- and 100 -watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 12. Please identify the locations where open detention ponds are proposed to be utilized. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system. DAKOTA RIDGE SUBTP Mayor, Council and P&Z June 13, 1997 Page 4 13. A detailed landscape plan for the common areas shall be submitted for review and approval prior to the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 14. Block 4 exceeds the maximum length of 1,000 feet. The future elementary school site is the primary reason for this excessive block length. The applicant does propose a 20 -foot - wide pedestrian walkway. Applicant is to assure the City that construction of the walkway can meet City Ordinance requirements and still allow its use as a drainage area. 15. Construct six -foot -high, permanent, non-combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. 16. The Applicant is proposing two lots that will have no direct street frontage. The lots would utilize the City's sanitary sewer easement for their driveway. 17. A development agreement is required for this project, as a condition of annexation of the property. DAKOTA RIDGE SMPP WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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: June 3. 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Preliminary Plat for Dakota Ridge Subdivision South of Ustick and 1/2 mile West of Ten Mile BY: Max Boesiaer Inc. LOCATION OF PROPERTY OR PROJECT: Portion of Government Lot 2. Section 3. T.3N, R. IW Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 . & FINAL PLAT) BUREAU OF REC RELRV. & FINAL PLAT) CITY FILES �, n OTHER: �G YOUR CONCISE REMARK 9 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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: June 3, 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Preliminary Plat for Dakota Ridge Subdivision South of Ustick and 1/2 mile West of Ten Mile BY: Max Boesiger Inc. LOCATION OF PROPERTY OR PROJECT: Portion of Government Lot 2, Section 3, T.3N, R.1 W Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, CIC CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY rTTV PM(ITMPP11? MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PL�'t F I V Fn ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION MAY 2 % 1997 CENTRAL DISTRICT HEALTH _NAMPA MERIDIAN IRRIGATION DISTRICT CITY OF MERIDIAN 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: 11 �_ — (� ` YOUR CONCISE REMARKS: T XJ_ Co M N o,-il 46 tx (j_,4 -C- A/.&r i✓J a .o � o � � � ,�� i S �{7�>-l�d� L--Ij ir&i�z >�v � ."k�:V% SUPERINTENDENT Dr. Bob L. Haley May 28, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: I have reviewed the plat for Dakota Ridge Subdivision and find that it includes approximately 90 homes assuming a median value of $170,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Chaparral Elementary, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 27 elementary aged children, 23 middle school aged children, and 28 senior high aged students. Meridian School District will grant approval of this subdivision. We are currently negotiating a school site in this development. Sincerely, Jim Carberry Administrator of Support Services JC:gr BOARD OF TRUSTEES Larry Andrews • Wally Hedrick 0 Holly Houfburg • Jim Keller • Steve Mann CF CENTRAL C DISTRICT HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DI Environmental Health Division N�ZFC,EIvED Return to: J U N 0 4 1497❑ Boise CITY OF NNERIDI� Eagle Garden city Meridian 9 I Use # ❑ Kuna relimina Final / Short Plat OA&I- [dc E ❑ ACZ ❑ 1. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: E$ 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: N central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ® central water ® 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. 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 ❑ beverage establishment ❑ grocery store v /.vi�72�2 .Q1�N-oF SinOd � //-/-'>' Date: rte /SC . 7S Reviewed By: S' sl-tnc 8c'z2S Revie heet CDND 10/91 rcb, rev. 1/95 0 0 • JUN 13 M7 f:ITY OF 1MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE. Preliminary Plat for Dakota Ridge Subdivision - Max Boesiger Inc. Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. A# laterals and waste ways must be protected. All municipal surface drainage must be retained on site. if any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Vt� sst. Water Superintendent NA MPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Phones: Area Code 208 4 ,June 1997 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Will Berg, City Clerk Boise 345-2431 Meridian City Hall 33 East Idaho Meridian, ID 83642 RE. Preliminary Plat for Dakota Ridge Subdivision - Max Boesiger Inc. Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. A# laterals and waste ways must be protected. All municipal surface drainage must be retained on site. if any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Vt� sst. Water Superintendent NA MPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 9 June 1997 Stan McHutchison Briggs Engineering, Inc. 1111 S. Orchard, Suite 600 Boise, ID 83705 L:] 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Dakota Ridge Subdivision Dear Stan: 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 me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Leonard A. & Freda N. Aschenbrenner Max A. Boesiger, Inc. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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: June 3, 1997 TRANSMITTAL DATE: 5/21/97 HEARING DATE: 6/10/97 REQUEST: Preliminary Plat for Dakota Ridge Subdivision South of Ustick and 1/2 mile West of Ten Mile BY: Max Boesiger Inc. LOCATION OF PROPERTY OR PROJECT: Portion_ of Government Lot 2, Section 3. T.3N. R.1 W Boise Meridian, Ada County JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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: a RECEM t J U N 17 1997 To: Meridian Planning & Zoning Commission MY Of MAN Re: Hearing for Dakota Ridge subdivision June 18, 1997 Dear Planning & Zoning Commissioners: Our family has operated a dairy/farming business across Ustick Road, from the proposed Dakota Ridge Subdivision, for approximately 57 years. Although we are not opposed to the development of this neighboring property, we have some concerns for the future, since many new home owners that move to the country find that the country experience they stepped into, isn't always at times, what they expected. We have always tried to be good neighbors in the past by running a clean and efficient operation. However, there are certain annoyances that go along with this type of operation, such as truck traffic, tractor operation at odd hours, dust, odors, spray planes, and flies, at intermittent times during the year . We would like to be good neighbors in the future, by asking the Planning & Zoning Commissioners to require that this information be recorded on the plat document so that any new owners are notified of the presence of a neighboring dairy operation and therefore avoiding the potential for complaints or problems from the new residents of Dakota Ridge Subdivision. Respectfully submitted, Gary S. Johnson 4018 W. Ustick Rd. Meridian, Idaho 83642 888-2006 EGINEERpvc; BRIGGS I NC. June 18, 1997 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Attn: Bruce Freckleton Shari Stiles Will Berg Re: Dakota Ridge Subdivision Dear Bruce, Shari and Will: LcL, VED J U N 18 1`"97 MY OF MEAN The following responses address the comments and conditions set forth by City staff for the Dakota Ridge Subdivision. General Comments: The subject property receives irrigation water at the southeast corner of the parcel. A 24 -inch pipe feeds a concrete ditch which traverses the parcel diagonally. The concrete ditch will be removed. Two small wastewater ditches run along the south and east boundary. These ditches appear to service only the subject property and will be removed. The Rutledge Drain resides on the proposed school parcel and does not traverse the subject property. 2. The existing home on the property has a well and septic system. The home will be connected to central water and sewer during construction of the development. The developer will comply with City Ordinance Section 5-7-517. 3. Test holes with monitoring tubes have been installed on the property. During excavation and additional monitoring, the groundwater levels appear to be 5-6 feet below the surface. A groundwater report with monitoring data will be provided with the construction plans. 4. All proposed streets will have 5 -foot sidewalks on both sides. 970210/meridian.ltr 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 0 • BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 5. Understood. 6. The preliminary plat reflects Ada County Street Name Committee comments. 7. Engineer will coordinate hydrant locations with the City of Meridian. 8. Understood. Site Specific Comments: 1. It is our understanding that sewer extension west of Ustick Road will not be necessary since the sewer depth would be too shallow for service of westerly properties. The existing main has caused substantial design difficulty due to its meandering location along the east boundary. The sewer from Ustick Road manhole south to the first manhole deviates from the traditional corridor due to the location of the entrance. The approach was set based upon the required offset from the Englewood Subdivision entrance by Ada County Highway District. We respectfully request City staff to work with us to find a compromise for the sewer corridor deviation. 2. Water design will be coordinated with the City of Meridian. 3. The entrance island length was shortened to increase accessibility distance. Lot 2, Block 1 was widened to increase frontage. Orientation of the home on Bismark Drive is the preferred condition. 4. Ada County Highway District allows for less than a 100 -foot centerline radius if the curve falls within the criteria of an "L" intersection. The minimum mid -block centerline radius with an approximate 90 degree angle shall be 65 feet. This is in accordance with Ada County Highway District interpretation of a mid -block 90 degree curve. 5. The applicant is requesting approval under the dimensional standards of the R-4 zone, which includes a minimum lot size of 8,000 square feet and a minimum structure size of 1,400 square feet. The proposed lots will meet or exceed the 8,000 square foot lot size. The requested structure square footage of 1,400 is consistent with the Meridian Ordinance. 970210/meridian.Itr BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 6. The lot configuration adjacent to Lot 9, Block 3 (Micro -Path Lot) has been modified to straighten the pathway. The frontage of Lot 19, Block 3 was reduced to accommodate the change in the micro -path. The applicant will request a variance for the frontage requirement. 7. The contours have been darkened to improve visibility. 8. The only known irrigation easement is the Rutledge Drain Easement. The drain resides entirely on the proposed school parcel which is not a part of the proposed subdivision. We have added the 60 -foot easement to the drawing reflected on the school parcel. 9. The corner lots have been reviewed for frontage compliance based upon the evaluation procedure used by the City of Meridian. Directional arrows for house orientation have been added. 10. The preliminary location for the irrigation pump station is Lot 14, Block 6. This location would require approval by Nampa & Meridian Irrigation District. 11. Street lights will be installed per City of Meridian requirements. 12. Lot 14, Block 6 will be utilized for a detention pond and a possible overflow to the Rutledge Drain. Lot 16, Block 1 and Lot 1, Block 4 will utilize bio-swales and seepage beds for a self-contained drainage system. 13. A detailed landscape plan will be submitted with the final plat submittal for staff review. The applicant understands installation or bonding of landscaping is required prior to signature on the final plat by the City of Meridian. 14. Block 4 exceeds the maximum block length of 1,000 feet. By providing a micro -path connection for the school parcel, the applicant has provided an interconnection within Block 4. If the micro -path is utilized for drainage, all facilities would be sub- surface and would not interfere with the functionality of the pathway. 15. The applicant understands perimeter fencing is required. A portion of the east boundary has an existing 6 -foot chain link fence installed by the developer of Englewood Subdivision No. 1. The applicant understands fencing along the boundary is required prior to issuance of a building permit. 970210/meridian.Itr 0 • BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 16. Lots 4 and 5, Block 6 have no frontage on the public street because of the required separate sewer lot. We are proposing a 30 -foot shared driveway located on the sewer trunk lot. Shared driveways for residential development is a universally accepted practice where accessibility is hindered. Ada County Highway District has reviewed the situation and will require the final plat to reflect a note addressing a perpetual ingress and egress easement to run with land for the two lots. 17. The applicant understands a development agreement was required as a condition of approval for the previous annexation. Sincerely, BRIGGS ENGINEERING, Inc. Beckly L. Bowcutt Land Use Planner 970210/meridian.1tr .LW _3N= SENT BY: 7-15-97 ; 4:41PM EBERLE,BERLIN-1 208 887 48134 2/ 3 EBERLE, BERLIN, KADING, TURNBOW & McKLVEEN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW CAPITOL PARK PLAZA 300 NORTH SIXTH STRCET POST OvncE Box 136e STEPHEN A. 6RAoeuwv BOISE, IDAHO 83701 July 15, 1997 TRANSMITTED VIA FACSIMILE Mayor Robert Come Meridian City Council 33 East Idaho Avenue Meridian, ID 83642 Re: Preliminary Plat of Dakota Ridge Subdivision Dear Mayor and City Council: TELEPHONE (LOA) 344.8930 FACSIMILE (208) 344-8542 JAME" L. et11LIN Or COUNSEL T. M. EetRLE (IYtt•1077) RECEIVED J U L 15 1997 WY OF MERHMAN As you know, this firm represents the legal interests of Louis Steiner and his company, Steiner Development, Inc. Mr. Steiner owns the properties located immediately south and west of the proposed Dakota Ridge Subdivision. The property located south of the subdivision has been approved for development as a part of The Lake at Cherry Lane Subdivision Nos. 3 and 4. The property immediately west of Dakota Ridge Subdivision was acquired for purposes of residential development, a use which is consistent with the City's comprehensive plan. Mr. Steiner recently received notice of the public hearing scheduled for this evening on the preliminary plat for Dakota Ridge Subdivision and noted that the plat proposes to locate an access road for the proposed school site immediately adjacent to the easterly boundary of Mr. Steiner's property. That road, Mr. Steiner understands, is designed to provide primary access to the school, including all of the school buses which would come and go from the school's site during the school year. The location of that access road, Mr. Steiner believes, will cause a significant detrimental impact to the future residents of that property. For that reason, Mr. Steiner requests that the City Council require that the proposed school access road be moved to a more easterly location or, at a minimum, a sufficient and effective buffer be created between that access road and Mr. Steiner's property. In order that Mr. Steiner might have an opportunity to address this issue with the applicant and the school district, I request that the Council defer action on the proposed preliminary plat pursuant to Meridian City Code § 9-604E5 which provides that "prior to council action, the council, administrator, applicant, and interested persons may negotiate items of the preliminary development plan which are of mutual interest." It is Mr. Steiner's hope that the JUL 15 '97 16:45 2083448542 PRGE.02 SENT BY: 7-15-97 ; 4:42PM EBERLE,BERLIN 208 887 4813;# 3/ 3 Mayor Corrie and City Council July 15, 1997 Page 2 Council will provide him the opportunity to discuss his concerns with the applicant and the school district before taking final action on the preliminary plat. Hopefully, the issues can be resolved quickly and fairly, with minimal delay to the applicant. further. 1 plan to attend the City Council meeting this evening in order to discuss this issue Very truly yours, Atepphen SAB:jkr n.. JUL 15 '97 16:46 2083448542 PAGE. 03 • • Meridian Planning & Zoning Commission Special Meeting June 18, 1997 Page 27 Conser: I am an adjacent property owner to Bret Jones and I just wish to state that I support his proposal to do this addition to his property. I feel it would be an improvement to our area. Johnson: We appreciate that, anyone else? Any further discussion among the Commissioners? If not I will close the public hearing at this time. What is your pleasure? MacCoy: Mr. Chairman, I move that we move this forward to our attorney to prepare findings of fact and conclusions of law. Smith: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DAKOTA RIDGE SUBDIVISION BY MAX BOESIGER INC.: Johnson: I will open the public hearing and ask the applicant or the applicant's representative address the Commission. Becky Bowcutt, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: This is Dakota Ridge Subdivision, the property has been annexed and zoned R-4. It was approximately two years ago. At that time a preliminary plat was submitted on the property and included the entire portion and it consisted of 135 residential lots. That particular applicant kind of went by the wayside. Mr. Boesiger optioned the property and we have been working in conjunction with Meridian School District they want to purchase the. 12 acres which you see right here which is not part of our plat. Then the rest of it would be single family residential. So it has gone from 135 originally a couple years ago to 90 lots. Our density is 3.15 dwelling units per acre. It consists of 28.6 total acres. What we have done here is when we lay this out we came up with an acceptable width here for the school We have a street that comes in functions like a collector. The developer will construct this street in its entirety from Ustick Road down to the school property. We didn't front any homes on that particular street so that we wouldn't have any conflict between the residential traffic and the school traffic. To the south of us is the Lake at Cherry Lane No. 3. They have a stub street that will be constructed right here. Right now the improved phase is right here, what you see here. They will put this stub street in and then we have told the school district we will make this connection, will be a public street connection and then wrap into this development. Meridian Planning & ZorVg Commission • Special Meeting June 18, 1997 Page 28 We have got a second stub street (inaudible) on the eastern boundary here that intersects with Englewood Creek Subdivision and we coordinated with the Highway District and got information from their engineer on where to place that stub street. So we will have two stub streets and then we also have a second entrance here. This gives two points of ingress and egress for the future elementary site which is required under fire code. I would like to show you quickly we did a quick sketch and that is how we determined our width and depth for that school site. Using the school districts pad plan for their, they have a standard can plan for their elementaries. The building will have to site toward the south due to the fact the sewer is not that deep in this vicinity. The building would sit back here and then they would take access here and have a second means of access off that stub street. We showed this to the school district we did provide them a copy for their review to make sure their plan and their parking requirements would be met with this width and depth. One problem we had in designing this particular subdivision is the fact that there is an existing 18 inch that transitions to a 15 inch sewer trunk line coming off Ustick Road. That trunk was put in the property when it was still an agricultural use. It comes down but it meanders, it doesn't come down like you would think they would put it in. It comes in at an angle, angles out and then back down like this and goes down south into the Lake at Cherry Lane. We had to design around that trunk line, it is extremely large and it is just not one that you would want to relocate. That is why you see we have this micro path here because the City Engineer does require that we keep those sewer trunk lines in a separate lot so that we don't have any interference with landscaping or fencing on adjoining residential lots. We provided this particular pathway is 22 feet wide, this here is 30. Now it causes a problem when we got down to the south for the fact that it cuts off our frontage or our access to this public street. So, we sat back and took a look at that. What we proposed is these two lots, this will be paved by the developer and these two lots will take access off which is called a shared driveway. That particular concept is used all over the valley when you have accessibility problems. Sometimes it is preferable because it minimizes the number of approaches to the public street. It functions quite well, I have one in my particular neighborhood, there are 3 homes and they come off, they are tucked back in a corner, very similar to this. They come off a shared driveway and it works very well. The Highway District did review that shared driveway concept. The one required they asked of us is that we put notes on the plat so that there is a perpetual ingress and egress for access to those two lots that would run with the land forever. So that there would be no way that they could be cut off from access to the public street. That is easily done. We have a second micro path over here on this west side that is to the school district. I did coordinate that location with them, that was their preferred location in that vicinity. Kids would have access here, we will have 5 foot sidewalks both sides of the street. They will have access here, access here and then access here. With those three points is should function quite well. Whatever develops around it could coordinate their micro path connections also. There is one existing home on the property, it sits right here up on Ustick Road, that hope will be retained. We are platting that lot, it has (inaudible) because to Ustick Road due to the fact its garage is oriented directly to Ustick Road. We will be taking sewer and Meridian Planning & Z009 Commission • Special Meeting June 18, 1997 Page 29 water to that lot, we provided and easement here. We will have to work this out with the staff in bringing that off there. That trunk line like I said comes down through here and we, all of these lots will sewer to that trunk line. According to Meridian's public works staff we can't extend that trunk line down Ustick road like you typically find where you take the sewer to and through due to the fact that it is just too shallow and it couldn't serve any properties to the west at the depth that it is currently at. Water, there is a 12 inch water line here that Englewood brought through, we will have to take that down Ustick Road. All of these lots that you see here exceed 8,000 square feet. We meet the requirements of the ordinance for the minimum homes size of 1400 square feet. We will have to request a variance to the City Council due to the fact that we have got this block length here that does exceed 1,000 feet the staff did address that in their comments. We are breaking it up at this point with the micro path and I think the intent of minimizing the block length is to provide acceptable pedestrian access between different blocks within subdivisions or adjoining uses such as parks, schools and that particular micro path would serve that function. We had an angle on this micro path in the beginning and we angled it in order to meet our 80 foot frontage requirement for this particular lot 19. In staffs comments they asked us to straighten the micro path out and reduce the frontage here and stipulated that we would need to request a variance for that particular lot on the frontage requirement. They felt that it was an acceptable compromise due to the fact that we get a nice straight connection with the micro path. All of these streets are public, one of the things that we worked through with the highway district we originally had a street coming straight through here. They want us. to break that up to slow the traffic down. We will have some traffic exiting to the north from the Lake at Cherry Lane. They want us to put these different curves in here. Every time we make a 90 degree turn that traffic has to slow down. When we had a straight connection right here obviously you go that length traffic can get up to 45 miles per hour and that is not preferable. So this layout does slow that traffic down that may be inclined to cut through us to get out to Ustick Road. Do you have any questions? Johnson: Any questions from the commissioners? MacCoy: I have two, first place I commend you for doing your homework, I appreciate that I am sure we all do. (Inaudible) You have already received the staff's comments and gone over them, and I guess what I am hearing here is you have no problem with any of that. Bowcutt: We addressed all of staffs comments did you receive, Will did they receive a copy of my letter? Johnson: We did yes. Bowcutt: I addressed all of staffs comments and I don't think we had any disagreement other than the item where they questioned the less than 100 foot centerline radius on our curves here. When Ada County Highway District, I guess I probably ought to Meridian Planning & Zc*g Commission Special Meeting June 18, 1997 Page 30 address that for the record when Ada County Highway District revised their policy manual they omitted a section that referenced what they call an L intersection and what this centerline radius should be. They did it, it wasn't intentional it just happed. The way that this policy plan reads that this centerline radius must be 100 feet well when you take an L here that is a 65 foot radius. So based on our conversations with the Highway District and their reviews on other projects when this issue was brought up they have told us that as long as it meets the criteria of an L intersection it is acceptable. They are currently making changes to their policy plan right now, they are supposed to be adopted in July. We have repeatedly told them please get this section of your policy plan straightened out. So I would like the record to reflect that we are meeting their criteria based on what they have told us. MacCoy: Are you in receipt of the letter from Gary Johnson? Bowcutt: No sir Johnson: Here is a copy for you, you may want to read it while we take further testimony. MacCoy: Basically a quick run through that, the stand point there he has been doing farming for 57 years in the area and he raises some very good points that you might want to take into consideration. He is an operating dairy and he has .truck traffic and he has tractor operation and he also has the odors, the dust and the spray. I thought this idea about the sprayer planes too was of interest. He thinks that you should include that in your works so that people understand that they do have a real dairy and they don't want to have since they said they have been good neighbors all these years they don't want a lot of complaints later on from people new to the area and then find out they live next to a dairy. So, I just bring that up as a point of interest to you and I am sure you will take care of that. Bowcutt: If I could answer that, Ada County requires us when we are out on the fringe areas where we have other rural interests in the vicinity to put what they call the right to farm statute out of the Idaho Code on the front of our final plat. It basically states that when anyone that purchases a lot in this subdivision recognizes the fact that people have the right to farm whether that be a dairy or row crop whatever the case may be. Those uses are legal and cannot be considered a nuisance if operated under the current statutes. So I think something like that could be applied that has worked in the past. Johnson: Any other commissioners? Borup: Maybe just one of curiosity for myself, do you have any idea why that sewer line meanders like that through there? Meridian Planning & Zd1j Commission Special Meeting June 18, 1997 Page 31 Bowcutt: I don't have any idea, I asked that question and no one could really answer it for me. Johnson: Mr. Smith could answer that, Gary Smith Eng. Smith: Mr. Chairman, I can answer that question and I would like to make a few comments if it is all right. The sewer line was designed in 1976 1 think to conform to a preliminary plat that was being proposed. That is why it is where it is, it wasn't just arbitrarily just dog legged through that property. The other comments that I have sir or Becky, the first comment you responded to concerns a 24 inch pipe (Inaudible) a concrete ditch that traverses the parcel diagonally. Does that ditch go any farther than this piece of property? It does not so you will end that ditch at that point? Bowcutt: The water comes in right here Eng. Smith: I know where it is. Bowcutt: It looked like it just fed that property and there are two little drain ditches that pick up the waste and they function the same way. Eng. Smith: It does not cross Ustick to serve any property on the other side? Bowcutt: Not to my knowledge (inaudible). Eng. Smith: I know you understand our policies or the requirements of the ordinance. We raised a point about the content of the application on the square footage and the minimum lot size and minimum structure size. That was different then what shows up on the plat. I know what shows up on the plat is in conformance with the ordinance but I guess I am curious as to why it was stated in one manner on the application and otherwise on the plat? Bowcutt: It was a typo that just wasn't caught. They go through, we have your application on our word processor and they go through and revise those items with each application, they just didn't change that. Eng. Smith: The Lot 6, Block 6 that you are proposing to serve as a shared driveway, who will own that lot? Bowcutt: That is a good question, I guess we would have to talk to you what your preference be. Eng. Smith: Will it be a paved access way? Bowcutt: Yes, I guess the association would own it Meridian Planning & Zc*g Commission Special Meeting June 18, 1997 Page 32 Eng. Smith: Same as the micro link? Bowcutt: That would be our first option unless that was unacceptable to the City. We would pave it, we would pave the full width. Johnson: Anything else Gary? Eng. Smith: One other comment that I will make, I made for the Candlelight Subdivision for Englewood Creek and I will make it for this one. Similar to Mr. Johnson's letter the City of Meridian operates and maintains a sewage treatment plant % mile north of this project site. We treat human waste there and once in a while there are some odors. Sometimes the wind blows from the northwest and just for the record we are there and we have been there since 1979 and we intend to stay and will be the best neighbors that we can be. But it is not an infallible situation and it is a process that does have odor for the record. Johnson: Anyone else for the applicant at this time? Smith: I have a couple of questions, that shared driveway lot 6, Block 6 does the fire department require any type of turn around at the end of that? Bowcutt: The ones that we have designed in the past in various fire districts have not required a turn around. I haven't seen Mr. Bowers response to this plat, I know I received it. Typically what the look at is if that dwelling is within 100 if they can get within 150 feet of the rear of the dwelling it meets the uniform fire code. So if you, say you parked a truck right here at this corner, there is a fire here. It is 80 feet from here to here and 84 feet from there to there. And your house is going to sit right in this area. I think it is 150 to the rear of that building. Smith: So they don't need to drive down there? Bowcutt: They don't have to no. Smith: I know they don't like to back their trucks. Bowcutt: No they don't like to back them up and in these situations we have never had to provide a turn around unless it was excessively long. Smith: The second question I had was the elementary site is that part of your client's property? Meridian Planning & Zc4g Commission Special Meeting June 18, 1997 Page 33 Bowcutt: The elementary, the property is owned by Mr. Aschenbrenner and we have an option on the 28.6 acres and the school district has an option on the 12 acres. So we do not control this. Smith: So the extent of your client's contribution the school is the access drives. Bowcutt: Yes, this, this and the sewer and the water. Johnson: Thank you Becky, anyone else from the public that would like to address the Commission at this time? Any further comments from staff or the commissioners? Borup: Mr. Chairman, speaking to the application and I realize a variance on lot 19 on the lot width and I realize the City Council needs to make that but considering the 18,000 square foot lot with over 200 feet down one side that seems a reasonable request in that situation to me. Johnson: We can take that as an educative comment couldn't we. Borup: From the standpoint of a builder when you have a lot that size you can have a reduced setback. Johnson: Anyone else? At this time I will close the public hearing. MacCoy: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. Johnson: This is a preliminary plat findings of fact are not required. So we need to have a motion recommending approval or disapproval for the City Council. MacCoy: Mr. Chairman, I recommend that we approve the preliminary plat and forward it to the City Council. Smith: Second Johnson: Motion and a second to pass a favorable recommendation onto the City Council for the preliminary plat for this application, all those 1 favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DEVLIN PLACE SUBDIVISION BY D.W. INC.: Johnson: I will now open the public hearing and ask that the applicant's representative or the applicant address the Commission at this time. 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 18.1997 APPLICANT: MAX BOESIGER INC. AGENDA ITEM NUMBER: 5 REQUEST: PRELIMINARY PLAT FOR DAKOTA RIDGE SUBDIVISION 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: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS pI �� (� SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS r0 All Materials presented at public meetings shall become property of the City of Meridian. JUN -18-1997 11:20 FROM June 18, 1997 City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Attn_ Bruce Freckleton Shari Stiles Will Berg Re: Dakota Ridge Subdivision TO ��.1GINEERlIyG ,GC M -h -P L 0 8874813 P.02 RECEIVED J U N 18 1997 WY OF MERHMAN Dear Bruce, Shari and Will: The following responses address the comments and conditions set forth by City staff for the Dakota Ridge Subdivision. General Comments: i i 1. The subject property receives irrigation water at the' southeast comer of the parcel. A 24 -inch pipe feeds a concrete ditch which traver�the parcel diagonally. The concrete ditch will be removed. Two small wastewater ditches run along the south and east boundary. These ditches appear to service only the subject property and will be removed. The Rutledge Drain resides on the proposed scho©I parcel and does not traverse the subject property. i 2. The existing home on the property has a well and septic system. The home will be connected to central water and sewer during construction of the development. The developer will comply with City Ordinance Section 5-7-517. 3. Test holes with monitoring tubes have been installed on the property. During excavation and additional monitoring, the groundwaiter levels appear to be 5-6 feet below the surface. A groundwater report with monitoring data will be provided with the construction plans. 4. All proposed streets will have 5 -foot sidewalks on troth sides. I 9702101meddian.1tr 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 JUN 18 '97 12:22 PAGE.02 JUN -18-1997 11:20 FROM • SRIGPS ENGINEERING, INC. 7111 S. Orchard, suite 600 • Boise, Ibaho $V05 • (208) 345-2881 FAX # (208) 345-2950 5. Understood. 6. The preliminary plat reflects Ada County Street Name Committee comments. 7. Engineer will coordinate hydrant locations with the jCity of Meridian. 8. Understood. Site Specific Comments: 1. It is our understanding that sewer extension west of Ustick Road will not be necessary since the sewer depth would be too shallow for service of westerly properties. The existing main has caused substantial design difficulty due to its meandering location along the east boundary. The sewer from (Ustick Road manhole south to the first manhole deviates from the traditional corridor due to the location of the entrance. The approach was set based upon the required offset from the Englewood Subdivision entrance by Ada County Highway District. We respectfully request City staff to work with us to find a compromise for the sewer corridor deviation. 2. Water design will be coordinated with the City of Meridian. 3. The entrance island length was shortened to increase accessibility distance. Lot 2, Block 1 was widened to increase frontage. Orientation of the home on Bismark Drive is the preferred condition. 4. Ada County Highway District allows for less than a '100 -foot centerline radius if the curve falls within the criteria of an "L" intersection. The minimum mid -block centerline radius with an approximate 90 degree angle shall be 65 feet. This is in accordance with Ada County Highway District interpretation of a mid -block 90 degree curve. 5. The applicant is requesting approval under the dimensional standards of the R-4 zone, which includes a minimum lot size of 8,OOQ square feet and a minimum structure size of 1,400 square feet. The proposed lots will meet or exceed the 8,000 square foot lot size. The requested structure square footage of 1,100 is consistent with the Meridian Ordinance. 970210/meddian.ttr JUN 18 '9? 12:22 PAGE. 03 JUN -18-1997 11:21 FROM i • BRIGGS ENGINEERING, INC. 1111 S. orchard, suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 6. The lot configuration adjacent to Lot 9, Block 3 (Micro -Path Lot) has been nodified to straighten the pathway. The frontage of Lot' 19, Block 3 was reduced to accommodate the change in the micro -path. The applicant will request a variance for the frontage requirement. 7. The contours have been darkened to improve visibility. 8. The only known irrigation easement is the Rutledge Drain Easement. The drain resides entirely on the proposed school parcel which is not a part of the proposed subdivision. We have added the 60 -foot easement!to the drawing reflected' on the school parcel. 9. The corner lots have been reviewed for frontage compliance based uppn the evaluation procedure used by the City of Meridian. Directional arrows for' house orientation have been added. 10. The preliminary location for the irrigation pump station is Lot 14, Block 6 This location would require approval by Nampa & Meridian Irrigation District. 11. Street lights will be installed per City of Meridian requirements. 12. Lot 14, Block 6 will be utilized for a detention pond ;and a possible overflow to the Rutledge Drain. Lot 16, Block 1 and Lot 1, Block 4 will utilize bio-swales and seepage beds for a self-contained drainage system. 13. A detailed landscape plan will be submitted with the final plat submittal for staff review. The applicant understands installation or bonding of landscaping is required prior to signature on the final plat by the City of Meridian. 14. Block 4 exceeds the maximum block length of 1,000 feet. By providing a micro -path connection for the school parcel, the applicant has provided an interconriection within Block 4. If the micro -path is utilized for drainage, all facilities would bie sub- surface and would not interfere with the functionality of the pathway. 15. The applicant understands perimeter fencing is required. A portion of the east boundary has an existing 6 -foot chain link fence ,installed by the develojper of Englewood Subdivision No. 1. The applicant understands fencing along the boundary is required prior to issuance of a building permit. 970210/meridian.ltr JUN 18 '97 12:23 PAGE. 04 JUN -18-1997 11:21 FROM 0 TO 1] 8874813 P.05 BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Waho 83705 • (208) 345-2881 FAX # (208) 345-2950 16. Lots 4 and 5, Block 6 have no frontage on the publi6 street because of the required separate sewer lot. We are proposing a 30 -foot hared driveway located on the sewer trunk lot. Shared driveways for residential development is a universally accepted practice where accessibility is hindered. Alda County Highway District has reviewed the situation and will require the final plat to reflect a note addressing a perpetual ingress and egress easement to run with land for the two lots. i 17. The applicant understands a development agreembnt was required as a condition of approval for the previous annexation. Sincerely, BRIGGS ENGINEERING, Inc. ' Beckly L. Bowcutt Land Use Planner 970210/meridian.ltr JUN 16 '97 12:23 TOTAL P.05 PAGE.05 JUN -18-1997 11:19 FROM TO u mv. 8874813 P.01 LACI1✓?IL_L TRANWTTAL To'! ltd ► !.� d�ir��-gJ' COMIPANY d 22eAA hA&IO144 FAX NO. ��7 - <zb - DATE r NO 'OF PAGES SENT (Including Transmittal) FROM &� BRIGGS ENGINEERING, INC. 1111 S. ORCHARD, SUITE 600 * BOISE, ID. 83705 FAX NO.(208)345-2950 TELE NO (208)344-9700 BEI PROJECT NO. REFERENCE &W-47;5- REMARKS &W-4 7;5" REMARKS 1 i 1 REPLY REQUESTED a, COPY 1111 S. ORCHARD, SUITE 600 * BOISE, IDAHO 83705 « (208) 344-9700 FAX NO (208) 345-2950 JUN 18 '97 12=22 PAGE.01 LETTERS OF BRIGGS ENGINEERING, Inc. 1111 So. Orchard St., Suite 600 Base, Idaho 83705 PHONE (208) 345-2881 FAX NO: (208) 345-2950 TO er & D` Z-162rbiA A/ TRANSMITTAL DATE 7 ID NO. 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