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Home My WebLink AboutDevlin Place Subdivision PPHUB OF TREASURE VALLEY 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 ROBERT D. CORRIE Mayor rni ir~r^u ti~FMBERS 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 Devlin Place Subdivision N. of Cherry Lane. South of Chateau between Sunn brook Farms and Sunburst Subdivision BY: .W. Inc. LOCATION OF PROPERTY OR PROJECT: E 1/2 of the SW 1 /4 of Section 2 T.3N. RI W Boise Meridian Ada Count 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 CI~ARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIlZE 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 Good Place to Live CITY OF MERIDIANS 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 M AY Z 2 X997 CITY 0~ ~~~~AN ~,i u NARRATIVE FOR DEVLIN PLACE SUBDIVISION City of Meridian Planning and Zoning Commission To: Council and City Prepared by: Gary A. Lee, P.E./L.S. J-U-B ENGINEERS RE: DEVLIN PLACE SUBDIVISION J-U-B FILE NO.: 11298-01 DATE: May 9, 1997 SUMMARY OF REQUEST ' seekin approval for Devlin Place Subdivision. es'dentialdlotsl will tinge Sn The applicant is g lus 3 common lots. The r of 39 single-family residential lots, p rossl property is size from 8,000 square feet and 10,000 sq een Seet. The 12.22-acre g unburst and Sunny Brook Farms located north of W. Cherry Lane Road betty ' ns. It is described as a portion of the E 1 /2 of the SW 1 /4 of Section 2, Subdivisio Ada County, Idaho. e 1 West, City of Meridian, Township 3 North, Rang Limits of Meridian, In addition, the parcel is currently situated within the Corporate City Idaho. It is currently zoned R-4. GENERAL INFORMATION Applicant: Mr. Dan Wood D.W., Inc. 13141 W. Bluebonnet Court Boise, ID 83713 (208) 939-2626 L Engineer: Gary A. Lee, P.E./L.S. J-U-B ENGINEERS, Inc. 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 376-7330 (Voice) 323-9336 (Fax) OWNERSHIP AND SIZE urchase said parcel Owners: D.W., Inc. has an option to p Gross Plat Area: 12.22 Acres Density: 3.19 Lots per Acre EXISTING ZONING OF THE SUBJECT PROPERTY R-4 City of Meridian PROPOSED ZONING OF THE SUBJECT PROPERTY R-4 City of Meridian SURROUNDING ZONING AND LAND USE The zoning of the surrounding properties is a mixture of roved McCd ant Ass sted Housing zoning is situated to the South, East and West. The app Pro'ect is adjacent to the south boundary of Devlin Place Subdivision. Ada County zones J exist that are RT to the West and North. nt land uses include single family residential within th XStothe western bouBda Y Adlace Farms Subdivisions. A smaldl north of Chateau Dr'veuat the northern boundary of this A future City park is situate royal for the proposed subdivision. (This park is to be dedicated as a condition of app Meridian Assisted Housing C.U.P.) INTENDED USE OF THE PROPERTY licant intends to develop an R-4 Single Family Residential subdivision, which will The app meet current City of Meridian Ordinances. -z- • SERVICES Transportation: Cherry Lane Road to the south and Chateau Drive to the North. Fire Protection: Meridian City and Rural Fire Protection District Water: City of Meridian Municipal Water Wastewater: City of Meridian Sewage Disposal Irrigation: Nampa-Meridian Irrigation District through a N.M.I.D. pressurized irrigation system School District: Meridian School District STATEMENT OF VARIANCE REQUESTS The applicant is not requesting any variances at this time. STATEMENT OF DEVELOPMENT FEATURES Easements and right-of-ways are being provided for and dedicated for public utilities, sewer, water, irrigation, drainage and roads. Three common lots are being planned. Two lots are to be multi-purpose lots, which will provide open space and storm water detention facilities. These lots will be landscaped and will include a pressurized irrigation system. The storm water will discharge into the Davis Drain at aPre-development rate. The owner will seek approval from the Nampa & Meridian Irrigation District for this discharge. A third common lot will exist along the western boundary and will act as an easement for the piping of the Davis Drain and be a shared public pedestrian pathway. This pathway will connect the future park to the existing developments to the south of this proposed subdivision. A pressurized irrigation system will be constructed along the Rutledge Lateral and be dedicated to the Nampa & Meridian Irrigation District for Operation and Maintenance. FEES SUBMITTED Preliminary Subdivision Plat Application 39-lot Subdivision - 5300.00 + (39 Lots X 510.00) = 5690.00 Mailings (Certified) - 51.42 X 69 Notices = 5 97.98 TOTAL SUB. AP. FEES = 5787.98 -3- i ~ ~ ~~•~•~, Mr. Will Berg -/ May 9, 1997 Engineers Surveyors Planners Page 2 Also, per City requirements, on behalf of the developer, D.W., Inc., we wish to make a Statement of Compliance as follows: 1. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by Ada County Highway District and Meridian Ordinances. All sidewalks will be five (5) feet in width. 2. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. This development will connect to City services. 4. This development will comply with City Ordinances. 5. This Final Plat will be in conformance with the approved Preliminary Plat. g. The street names are as approved by the Ada County Street Name Committee and will not conflict with the City of Meridian grid system. Please review the enclosed information and schedule a Public Hearing for the next available Planning & Zoning Meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. L~/.r~ ~~ Gary A. Lee, P.E./L.S. Project Manager GAL:Ihc Enclosures cc: D.W., Inc. f:\projects\11298\admin\cityltr1.doc i ~~-u Engineers Surveyors Planners Project: 11298 Date: May 8, 1997 LEGAL DESCRIPTION FOR DEVLIN PLACE SUBDIVISION A PORTION OF LAND WITHIN SECTION 2, T.3N., R.1W., MERIDIAN, ADA COUNTY, IDAHO. A portion of land within the E 1/2 of the SW 1/4 of Section 2, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, more particularly as follows: Commencing at a found brass cap at the section corner common to Sections 2, 3, 10 and 11 of T.3N., R.1W., B.M., at the center line intersection of Ten Mile Road and Cherry Lane Road; thence Easterly along the center line of said Cherry Lane Road and the section line common to Sections 2 and 11, South 88°38'31" East 1,326.74 feet to the Southwest corner of said E 1/2 of the SW 1/4 of Section 2; thence leaving said center line and said section line along the Westerly boundary of said E 1/2 of the SW 1/4 North 00°17'24" East 887.01 feet to a point monumented with a set 5/8" rebar with cap P.E./L.S. 3260, said point being the REAL POINT OF BEGINNING; thence continuing along the Westerly boundary of said E 1/2 of the SW 1/4 North 00°17'24" East 1,257.14 feet to a point marking a non-tangent curve to the left, said point being monumented with a set 5/8" rebar with cap P.E./L.S. 3260; thence along said curve a distance of 97.43 feet, said curve having an interior angle of 20°40'29", a radius of 270.00 feet and a long chord bearing of North 81°38'22" East 96.90 feet to tangent curve to the right, said point being monumented with a set 5/8" rebar with cap P.E./L.S.-3260; thence along said curve a distance of 115.12 feet, said curve having an interior angle of 19°59'16", a radius of 330.00 feet and a long chord bearing of North 80°17'46" East 114.54 feet to a point being monumented with a set 5/8" rebar with cap P.E./L.S. 3260; thence South 89°42'36" East 206.32 feet to a point being monumented with a set 5/8" rebar with cap P.E./L.S. 3260; thence along a line parallel with the Westerly boundary of said E 1/2 of the SW 1/4 South 00°17'24" west 1,293.26 feet to a point being monumented with a set 5/8" rebar with cap P.E./L.S. 3260; thence North 89°42'36" West 414.65 feet to the REAL POINT OF BEGINNING. Containing 12.23 acres, more or less. SUBJECT T0: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: J-U-B ENG~r1FERS, Inc. '3260 d s~,s-x-97 ~o a 4rF O F ~QP ~qRY A.~~ GAL:lhc Gary A. Lee, P.E./L.S. f:\projects\11298\legals\bndry.doc /~_~_~/i REG~UEST FUR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR gUBMISSION: ~t be in the City ~t for preliminary plat approval mu.. A r~eque~ three days follawing the Clerks possession no later thaand Zoning Commission. regular meeting of the Planning Commission will hear the request at and Zanl~ollowing the month the request was The Planning meeting the monthly made. be acted upon at ro osal enters the process it may necessary After a p p rovided the subsequent monthly meetings p• and documentation are received bef ore 5:00 educes and Zoning Commission proc the Planning Thursday following action. GENERAL INFORMATION Devl i n P1 ace Subdivision 1, Name of Annexation a= Subdiyvision. No. of Cherr Lane, South of Chateau between Sunnybrook Farms and Sunburst Subdivision 2, General Location. p•l,•' Inc• Option to purchase) 3, Owners °f 13141 ~~ d B ue onset Ct. g~713 Telephone 939'2626 Boise , ~ daho Zip •' Address, same same Address, ~. Applicant, g, Engineer, Gar A. Leeo d' ~201•S• Firm ~- - 376_7330 ~50 S • ~e~e~hw Zip 83709 Telephone Address 01 Se' a o p,;•~. , Inc. s; Name 1~3~1~~`~l~ ~`l ue~onne~l~ng 939-2626 6, Name and address to r Idaho 83713 Telephone Boise, Address PRELIMINARY PLAT CHECKLIST: Subdivision Features 12.22 1, Acres athway 39 SFR + 2 storm drain + 1 corunon p 2, Number of lots 3.19 3, Lots per acre 3.19 SFR/Acre ~}, Density per acre g, Zoning Classif ication t s ) R-4 SITE R O[RIIY lM1E DEVLIN PLACE SUBDIVISION waNinr Mai N.T.S. , .L~.~t~L 1.., /i/~ ot[t-Ott-COL OMw~d 1 W nw-~etn ana 7tr. 1 7 1 IOC 7{10 Cfw]I~~ 00011rO11~ r1110L Q \` •aul 'Btl33NIDN3 9-Rf 2---~--« - oNVa '.uwnoa vm •wvansr 1M't "MC y '-K '1 'L MOllafe '-/L Mt lvld AYYNeMlliad IIOIiMgtllf lavld IelAt0 r IT ~ A 6 fi ~t ~~~~ ~ ~Ij ~,. II ~ ~: its ~j` j~~ (~1~~i { t~ E '~ j li~ ~' : 6t; I~ y' O 3~c f~t 1~~ i~~~t: 9fii 3 ~~ ~s ;'~ ~i~ ~~~ 11 34 Z - - . r _ ~~ a~ ~~~ ~g~o~ d ~- O 2 N O - O ~ < gyp Z N ~ 4 Z ~ 3 Ct O ~ ~ 6 ~ p ~Yp O N pp 0 O ~ ~ € Z y 3 'ON SWtlV! NOOaeANNnS g = d 1 . :6 -11i -T. y L~ ~ -- r~ f~ r M~ -~~ s r - 4 M + 7.t tt ~~ i ~, ~~ ~t ~ l.. x a. ~' _r r ! o ~ M~p~6 y. ~ .r. r r^C w. I w~ _ .. ~ ny =o x.n . 4~ 1 4w ~ p w ' ~ ~ ~ : ~ ~i I p a a t~ !rs t r~ A _ ~ r ' r1 N~ ~ Y .~~5/*~ ~ ~ . ~ ~ ' s • ~ fi r .1n a r1 ~ Y _ '. iFi6 = . ~ [ ~ ~ R K66 ~ ~ ~ ^ = = ~ . :.-~ - 11 - r . eft o ,.1 ' ~ ~ r Q ~~ 6 ~ ... L ,Dole ~ _ » „ _ i: 6 ... n r r r r1 .raw ~ 1w. ...u1w. ~AZsl~ ~ {~--- s '~ 6 r ;„~ 63, I i i ~ ~ ~ k ~ < $ ~ ~ ~ - ~` I c zM 'ens isaneNns k c ~ ~" ~ Y a Z ~ Z P'OY Tw 101 M j~ o . ~~ ~~; ' , ~ J-U-B ENGINEERS, Inc. ~~ • ~ • ~ , ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 208-376-7330 FAX: 208-323-9336 May 9, 1997 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RE: D.W., Inc. -Applicant FOR DEVLIN PLACE SUBDIVISION Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Subdivision Preliminary Plat Application. As stipulated by said ordinance, please find enclosed the following: PRELIMINARY PLAT APPLICATION ITEMS - 1. A copy of a Purchase and Sale Agreement showing that D.W., Inc. has a vested interest in the property. 2. A written legal description of the subject property showing the total site as measured to the project boundaries identified as the "DEVLIN PLACE" Legal. 3. A Property Owners List within 300 feet of the subject property. 4. A check in the amount of $787.98 from D.W., Inc., for the Preliminary Plat .application fees. 5. A written narrative prepared by Gary A. Lee, P.E./L.S., of J-U-B ENGINEERS, Inc., describing the annexation request and the proposed development. 6. 30 copies of the Request for Subdivision Approval, Preliminary Plat Application for DEVLIN PLACE Subdivision. 7. 30 copies of Preliminary Plat, 22" x 34", at a scale of 1" = 100' (includes Vicinity Map). 8. 30 copies of a reduced Preliminary Plat, 8-1/2"x 11". 9. 30 copies of a Vicinity Map, 8-1/2" x 11". 10. 4 copies of the Conceptual Engineering Plan, 22" x 34", at a scale of 1" = 100'. 11. One copy of the preliminary profiles for the sanitary sewer and storm drainage. 12. One copy of a Rough Draft of the proposed Declaration of Covenants, Conditions and Restrictions., rIf s~r~ ~ Uf J-U-B EERS, Inc. 250 S. Be chwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/376-733 0 FAX: 208/323-9336 TO : Mr. Will Berg City of Meridian 33 E. Idaho St. Meridian, ID 83642 iETTER OF TRANSMITTAL DATE : 5/9/97 Project No. PROJECT NAME: ~eVlln PIaCe SUbdIVISIOn PROJECT MANAGER: Gary A. Lee, P.E./L.S. SUBJECT: Preliminary Plat Application GENTLEMEN: We are sending you the following items: ®ATTACHED ^ UNDER SEPARATE COVER via ^ SHOP DRAWINGS ^ PLANS ^PRINTS^ SAMPLES ^ SPECIFICATIONS ^ COPY OF LETTER ^ CATALOG SHEETS ^ CHANGE GRDER ^ COPIES DATE or No. DESCRIPTION 1 Package including Preliminary Plat (30 copies) and necessary review documents THESE ARE TRANSMITTED AS CHECKED BELOW: ^ FOR APPROVAL ^ AS REQUESTED ^ FOR SIGNATURE ^ FOR YOUR USE ^ FOR. REVIEW AND COMMENT ^ RETURNED FOR CORRECTIONS ^ FOR BIDS DUE , 1995 ^PRINTS RETURNED AFTER LOAN TO US REMARKS: IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. COPY FOR RECEIVED BY: J-U-B ENGINEERS, Inc. SIGNED: a ~~.~,,.,._ Gary A. Lee PLEASE SIGN, DATE, AND RETURN COPY TO J-U-B. Maillist DEVLIN PLACE SUBDIVISION - 300 FOOT NAME LIST 5/7/97 PROPERTY OWNER ADDRESS ASMUSSEN RICHARD CARL 8 2 845 W KANDICE ST MERIDIAN ID 83642-4139 BAKER CARL K & KATHLEEN 4 504 W QUAIL RIDGE DR - BOISE ID 83703-3838 BEAL DENIAL 2 645 REBECCA WAY MERIDIAN ID 83642-1270 BEHRENDT DARICE 2 612 MISTY DR '' MERIDIAN ID 83642-1217 BONCZ JOHN G & MARILEA L '2 641 REBECCA WAY ( MERIDIAN ID 83642-1270 BRAZAS PATSY RUTH 4 53 MAGNOLIA ST i COSTA MESA CA 92627-2301 BRINEGAR E E & VIRGINIA K 1 639 CONANT AVE ' BURLEY ID 83318-2326 BROWN WILLIAM H 1 2091 TODD WAY I MERIDIAN ID 83642-1213 BURT CARLA J ~ 2160 TODD WAY ' MERIDIAN ID 83642-1212 CARPENDER BLAIR R & TIFFANY L 2823 W KANDICE ST MERIDIAN ID 83642-4139 CARROLL WILLIAM R 8 SHIRLEY J 1778 N MORELLO AVE ~ MERIDIAN ID 83642-1189 CLARK WILLIAM W 8 SHIRLEY A 1 2061 TODD WAY ~ MERIDIAN ID 83642-1213 COLEMAN TODD 8 KIMBERLY A i 2836 W KANDICE ST ' MERIDIAN ID 83642-4139 D.D. & F. AN OREGON PARTNERSHIP 6623 NE 82 ND AVENUE PORTLAND, OR 97220 DAVIS MARK L & SARA 2001 TODD WAY ' MERIDIAN ID 83642-1266 DOWNEY HAROLD LEON & KAREN J 2110 TODD WAY , MERIDIAN ID 83642-1212 FIELD KEVIN D & GWENDA L 2630 REBECCA WAY MERIDIAN ID 83642-1268 FORREY THOMAS T & ANNETTE M 2073 KRISTEN WAY ~ MERIDIAN ID 83642-1232 GABBY CHARLES T AND 2692 REBECCA WAY , MERIDIAN ID 83642-1268 GALLAHAN CLYDE A JR 2365 N MARIE WAY ' MERIDIAN ID 83642-3831 GARVIN MATTHEW A 8 DIANNE B 2808 W KANDICE ST MERIDIAN ID 83642-4139 GILBERT ROBERT L 2891 W GEMSTONE DR , MERIDIAN ID 83642-1195 HALLENBERGER HORACE R & 2864 W KANDICE ST MERIDIAN ID 83642-4139 HARDWICK ALAN L 8 HEIDI A 1879 TODD WAY . MERIDIAN ID 83642-1267 HARTSOOK EDWIN E & PHYLLIS E 1974 TODD WAY MERIDIAN ID 83642-1265 JACKSON JULIE A 2883 W KANDICE ST , MERIDIAN ID 83642-4139 JOHNSON STEVEN P ~ RHONDA 2850 W KANDICE ST MERIDIAN ID 83642-4139 KINGMIXAY SENGKEO 8 NHONHTHONE 2562 JEFFERY CT MERIDIAN ID 83642-1206 KOLAR SHANE WADE 8 2660 JANNELLE ST MERIDIAN ID 83642-1108 LABRONTE TODD ALAN i£ CAMILLE 2196 TODD WAY MERIDIAN 10 83642-1212 LANCE EDWARD & DELOY 2613 REBECCA WAY MERIDIAN ID 83642-1160 LESTER BETTE J 2663 W CHATEAU DR 'MERIDIAN ID 83642-1249 LITTLEFIELD HAROLD L & TWILA J 2696 B ST MERIDIAN ID 83642-1105 LONGO DAVID B & SHAWNA M 2615 REBECCA WAY MERIDIAN ID 83642-1160 LOW CLINT B & MELODY J 2812 W GEMSTONE DR MERIDIAN ID 83642-1194 MARTELLE MARTIN J 5685 COLLISTER DR BOISE ID 83703-3825 MAYES WILLIAM DEAN JR 2540 W CHATEAU DR MERIDIAN ID 83642-1250 MCRAE GARY R 8 JILL C 2675 REBECCA WAY MERIDIAN ID 83642-1270 MORRISON R B 8 M C TRUST 3841 WOODMONT DR MERIDIAN ID 83642-1032 MORTON PATRICIA ANN 1963 TODD WAY MERIDIAN ID 83642-1266 MOSER DAVID L i£ DIANA S 2857 W KANDICE ST MERIDIAN ID 83642-4139 MYERS MARILYN ANN PO BOX 67 ELMO MT 59915-0067 NARY WILLIAM L M & BARBARA 2140 TODD WAY 'MERIDIAN ID 83642-1212 NIBLETT DAVID O & REBECCA M 2816 W KANDICE ST (MERIDIAN ID 83642-4139 OGILVIE JIMMY G & LOTS E 2221 TODD WAY MERIDIAN ID 83642-1209 OSKOLKOFF GALE A 8 ROBERT J 2030 TODD WAY MERIDIAN ID 83642-1214 PAGE LINDA D 2892 W KANDICE ST MERIDIAN ID 83642-4139 PEDERSEN DAREL DEAN 2602 WOODLAWN AVE BOISE ID 83702-3856 PIRRONG TERRY W 8 CARMA R 2080 KRISTEN WAY MERIDIAN ID 83642-1231 R & M HOMES INC PO BOX 1057 CALDWELL ID 83606-1057 RODES RANDALL A 8 E MAE 2582 JEFFERY CT 'MERIDIAN ID 83642-1206 RYAN LOIS F 1989 TODD WAY MERIDIAN ID 83642-1266 SCHOPPELREY DOUGLAS JOHN & 2644 REBECCA WAY MERIDIAN ID 83642-1268 SERVATIUS KAREN A AND 2811 W KANDICE ST MERIDIAN ID 83642-4139 SHERIDAN DANIEL T & MARY S 2220 TODD WAY MERIDIAN ID 83642-1210 SHOEMAKER PHILLIP K 2637 REBECCA WAY MERIDIAN ID 83642-1270 SMITH HAROLD R & GLENNA K 1934 TODD WAY i MERIDIAN ID 83642-1265 SMITH JOHN E 8 LINDA K 2650 JANNELLE ST MERIDIAN ID 83642-1108 SNETHEN MARK V 8 CAYA 2333 N MARIE WAY MERIDIAN ID 83642-3831 STRINGER LAWRENCE ALAN & 2863 W GEMSTONE DR I MERIDIAN ID 83642-1195 STUHR WILLIAM & JO ANN 2858 W GEMSTONE DR iMERIDIAN ID 83642-1194 SUNBURST HOMEOWNERS ASSOC INC 3775 CASSIA ST i BOISE ID 83705-2225 SUNNYBROOK FARMS PO BOX 5714 ;BOISE ID 83705-0714 TETRAULT KENNETH ALLEN ~ 2830 W GEMSTONE DR 'MERIDIAN ID 83642-1194 TURNER JOSEPH E 8 LILLIAN A 1891 TODD WAY MERIDIAN ID 83642-1267 WHITMAN SUE C PO BOX 162 ~ WEST YELLOWSTONE MT 59758-0162 WRITTEN DAVID W ~ DEBRA S X2151 TODD WAY 'MERIDIAN ID 83642-1211 WILSON BRAD R 8 KAREN G 2381 N MARIE WAY MERIDIAN ID 83642-3831 WINWARD A KELLY 8 DEBORAH ,2661 JANNELLE ST 'MERIDIAN ID 83642-1109 Page 1 OF 1 • ~ 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 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 D.W. Inc., for a Preliminary plat for land located in the E '/Z of the SW '/4 of Section 2, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at N. of Cherry Lane, South of Chateau between Sunnybrook Farms and Sunburst Subdivision. The applicant requests Preliminary Plat approval of the parcel of land above described for 39 of single family dwelling lots for Devlin Place 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 30t'' of May, 1997. ~. Q WILLIAM G. BERG, JR., CLERK PUBLISH May 30 and June 6, 1997. ~ ~ 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 D.W. Inc., for a Preliminary plat for land located in the E'/Z of the SW %4 of Section 2, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at N. of Cheny Lane, South of Chateau between Sunnybrook Farms and Sunburst Subdivision. The applicant requests Preliminary Plat approval of the parcel of land above described for 39 of single family dwelling lots for Devlin Place 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. AN K. DO , DEP CITY CLERK PUBLISH June 27 and July 11, 1997. SITE ~! ~~ . - ~-- . 1 ~fl ' r'+ ^11 + i ~ I s R P[ICIY IMIE i DEVLIN PLACE SUBDIVISION waNmr ~~ N.T.S. ~ertified Mailing Retu~ Project Name~~~~j V~U1 ~l~ File No(s) ~~.~ Date of Hearing Name Address Reason for Return g 9 Qo ~I ~ ~ 1 ~ ~ ~~ 1Vo ltiX~ 9 ~o ~, ~~ ~s ~o d MERIDIAN CITY COUNCIL MEETING: JULY 21 1998 APPLICANT: DAN WOOD ITEM NUMBER: 13 REQUEST: DEVLIN PLACE AGRE MENT WITH fUTUR PARK LAND 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 SEE ATTACHED AGREEMENT vti~~J wa ~V ~~ ~ ~~ c~~p~'~ ~,`,~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • SEPARATE AGREEMENT FOR COST SHARING OF PRESSURIZED URBAN IRRIGATION SYSTEM (PUTS). In consideration of the covenants, promises and conditions contained herein it is mutually understood and agreed as follows: 1. P$ D.D.& F., an Oregon General Partnership (hereinafter referred to as "D.D.& F.") whose address is 501 SE Columbia Shores Blvd. Suite 300, Vancouver, WA 98661. D.W. Inc, an Idaho Corporation (hereinafter referred to as "D.W. Inc. ") whose address is 13141 W. Bluebonnet Court, Boise ID $3713. 2. PRQPE TY SUBJECT TO THIS AGREEMENT; This Agreement covers three parcels of property in Ada County, Idaho as follows: 2.1 Parcel 1. This parcel is 8.05 acres and is legally described in Exhibit 1 attached. This parcel is planned by D.D.& 1=. to be developed as a site for offices and/or assisted living facilities or the like. 2.2 Parcel 2. This parcel is 12.23 acres and is legally described in Exhibit 2 attached. This parcel is planned to be developed by D.W, Inc. as a single family housing subdivision known as Devlin Place Subdivision. Page 1 of 4 JUL 15 '98 1?~02 PAGE.02 1 • 2.3 parcel 3. This parcel is 4.6 acres and is legally described in Exhibit 3 attached. This parcel is planned to be dedicated to the City of Meridian and used as a public park. 3, REIMBURSEMENT TO D.W. I C. BY THE OWNERS OF PARCELS ~ AND 3 FOR CONSTRUGTION OF PUMP STATION ANIa PORTIONS OF 1 THE PUIS; The owners of Parcel 1 and the owners of Parcel 3 described herein shall each reimburse the sum of eleven Thousand Dollars ($11,000) to D.W. Inc, as their respective share of D.W. Inc,'s costs of construction of the joint pump station, main lines and main line stub-outs to the respective Parcels 1 and 3. This sum shall only be due to D.W. Inc. after D.W. Inc. has completed the pump station, the main lines and the stub-outs to Parcels 1 and 3. This sum shad be paid to D.W. Inc, on the earlier of the two following dates; a) the date that the particular parcel is hooked up and connected to the PUTS system which has been constructed by D.W. Inc. or; b) July 15th, 2000, Each shall pay the sum in lawful money of the United States in cash. Any payment more than 10 days late shall bear interest at the rate of 1 % per month until paid. Nothing contained herein will limit or restrict the duties the parties have to the Nampa Meridian Irrigation District (NMID) to construct their own Page 2 of 4 JUL 15 '98 17 02 PAGE.03 • • portions of the PUTS as set out in other agreements with NMID. This obligation for reimbursement shall be a covenant running with the land and shall be an encumbrance against the respective properties described herein until paid. In the event of nonpayment after the amount is due, D.W. Inc. may file an action at law against the obligor owner of the property in default. 4, ~t ~.~ESSO S; This Agreement shalt be binding upon, and inure to the benefit of, the heirs, personal representatives, successors and assigns of the parties hereto; and shall be binding upon all lot owners, tenants and occupants of the lots in the subdivision. 5. ~4TTORNEYS FEES: In the event of litigation over the terms of this Agreement or the enforcement of any of the terms of this Agreement the prevailing party shall be entitled to reasonable attorneys fees and costs. D.D.& F., an Oregon General Partnership Dater By Title By Title D. W. Inc. an Idaho Corporation ~.. sy Title ' Page 3 of 4 JUL 15 '98 17 02 PAGE.04 STATE OF IDAHO, COUNTY OF ADA, ss. ~J On this day of , 1 ~ before me, a notary public in and for said S ate ersonall eared Dan Woods, known or identified to P Y PP me to be the President of D.W. c. the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have he're'unt set my hand and affixed my official seal, the day and year in this' certificate first above wryt"~ten. y Public fbr Idaho ding in Boise, Idaho Commission Expires:/~1~~~~j STATE OF ) ( ss. COUNTY OF On this day of , 19_,, before me, a notary public in and for said State, personally appeared known or identified to me to be the of D.D. & F. General Partnership, the partnership that executed the foregoing instrument and acknowledged to me that such partnership 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 in Boise, Idaho My Commission Expires: Page 4 of 4 JUL 15 '98 17 02 PAGE.05 ~- Engineers Surveyors Planners Project: 11311 Date: June 18 1997 PARCEL 1 LAND SITl1ATED IN ADA COUNTY ' All that certain teat property situated in Section 2, T.3N, R:1W., B.M.'Ada County, Idaho, described as follows: i A portion of the W 1 /2 of the E1 /2 of the SW 1 /4 as shown on Record of Survey No_ 3916 filed as In3tnument No, 97047432 dated June 16, 1997, of Ada County Records further described as follows: Commencing at a found Brass Cap Monument marking the SW corner o~ Section 2 from which a found Brass Cap Monument marking the 1 /4 corner of Sections 2 and i1 bears South 88°38'31" East, 2,653.49 feet; thence South 88°38'3i" East 1 326.75 feet to a s •in " et 5/8 ch Iron pin with cap stamped G. A. Lee, PE/LS 3260" marking the W 1 /16 corner and the Southeast corner of Sunburst Subdivision No. 2 as filed in Book 60 of Plats, page 5894, Ada County Records; thence along the West 1 /16 line and East boundary line of said Sunburst Subdivision No. 2 - North 00°17'Z4" East, 45.00 Feet to a set 5/8-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260'' UUU marking the Southwest comer of Parce! 1 on the North right-of-way of West Cherry Lane and the REAL POINT OF BEGINNING; thence continuing along said West 1 /16 tine and East boundary line of Sunburst Subdivision No. 2 North 00°17'24" East, 842.01 feet to a set 5/e-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260" marking the Northwest corner of said Parcel i; thence South 89°d2'36" East, 41d.65 feet to a set 5/8-inch iron pin with cep stamped''G. A. Lee, PE/LS 3260" marking the Northeast corner of said Parcel 1, on the West bounday line of Sunny Brook Farms No. 2 as filed 1n Book 46 of Plats, page 3768, Ada County Records; thence along the West boundary line of said Sunny Brook Farms No. Z, South 00°17'24" West. 149.90 feet to a found 5/8-inch iron pin with cap stamped "J-U-B'' at the Southwest corner of said Sunny Brook Farms No. 2; thence along the West boundary line of Sunny Brook Farms No. i as filed Book 44 of Plats, page 3609 South 00°17'24" West, 699.84 feet to a set 5/8-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260" marking the Southeast corner of said Parcel 1 on the North right-of-way of West Cherry Lane; thence along the North right-of•way of West Cherry Lane North 88°38'31'' West, 414.73 feet to the Southwest corner of said Parcel 1 and the REAL POINT OF BEGINNING; Said parts! contains 8,05 acres, more or less, e. V- i w ~ ~~ JUL 15 '98 1?:02 PAGE.06 Engi~~ete 313rveyors Planners GAL: ckc SUBJECT T0: Alt existing easements and road rights-of-way of record or appearing on the above-described parcel of land. p Gary A. Lee, P.E./L.S. • Parcel i ' June 18, 1997 Pape 2 Faprolects~11311 ~admin~pan:elt , doc "~ JUL 15 '98 17 03 PAGE.07 Prepared by: J-U-B ENGINEERS, inc. J VL. y.,J• 1JJV J'C.IUI 11 • ~ ~ • ~~•V~B ~ ~~ ' ~~ • insets Surveyors Planners ,,~ Project: 11298 date: Updated: April 29, 1998 PARCEL. DESCRIPTION FOR DEY!_IN PLACE St18DIVISION A parcel of land lying within the East 1/2 of the Southwest i /4 of Section 2, T.3N.~ R.1W., B.M., Meridian, Ada County, Idaho, more particularly as follows: Commencing at a found brass cap monumenting the Southwest corner of said Section 2; r thence Easterly along the Southerly boundary line of said Section 2, South 88°38'31'' fast 1,326.75 feeC to the Southwest corner of said East 1/2 of the Southwest 114, said comer also being the Southeast comer of Sunburst Subdivision No. ~ as shovm on the official plat thereof In Book 60 of Plats at page 5894 to the records of Ada County, Idaho; thence leaving said section tine along the Westerly boundary of said Est 11~ of the Southwest 1 /4 and Easterly boundary of said Sunburst Subdivision No. 2, North 00°17'24" fast 887.01 feet to d 2" iron pipe, Bald point being the REAt_ POINT OF BEGINNING; ., thence continuing along the Westerly boundary of said East i /2 of the Southwest 1 /4, Said line also being the Easterly boundary of said Sunburst Subdivision Nd. 2 and the Easterly boundary of Sunburst Subdivision No. 4 as shown on the offittal plat thereof in Book 6~ of Plats at page 617 in the records of Ada County, Idaho, North 00°17'24'' East 1,257.14 feet to an iron pin marking anon-tangent curve to the left, said pin marking the Southeast comet of Lot 14 of Block 4 of Kentfield Manor Subdivision as shown on the official plat thereof to Book 68 of Plats at page 6913 in the records of Ada County, Idaho, said corner also being on the Northerly Hght of way tine of West Chateau Drive; thence along said curve a distance of 97.43 feet, said curve having an interior angle of 20°40'29", a radius of 270.00 feet and a long chord bearing of North 80°38'22" Bast 96.90 feet to a point of tangent curve to the right, said point being monumented with an iron pin; thence along said curve a distance of 115.12 feet, said turve having an Interiot angle of 19°59'16", a radius of 330.00 feet and a long chord bearing of North 80°17'46'' East 144.54 feet to an trop pin; thence South 89°42'36" East 10b.37 feet to an iron pin; thence North 86°94'15" East 100.00 feet to an iron pin monumentin~ the Southwest corner of lot i of Block 14 of 5unnybrook Farms Subdivision No. 4 as shown on the bfficfat plat thereof in Book 53 of Plats at page 46821n the records of Ada County, Idaho, said carnet also being on the Northerly right-of-way line of West Chateau brave; JUL 15 '98 17 03 PAGE.08 * • sere Survpyors• Planners ,...:~* parcel Description Updated: Apr1t 29, 1998 Poe 2 thence along a line parallel with the Westerly boundary vi said Bast 112 of the Southwest 114+ said tine also being the Westerly boundary oY said Sunnybrook Farms Subdivision No. boundary of Sunnybrook Farms Subdivision No. 2 as shown on the official plat thereof In Book 46 of erly plats at page 37681n the records of Ada Caunty, Idaho, South 00°11'24++ West 1,296.26 feet to an Iron pin, thence leaving said Westeriy boundary North 84°42'36" West 41~.b5 Feet to the RE4L POINT OF BEGINNING. Said described parcel containing 12.23 acres, more or less. k`ND OE DESCRIPTION ? GAL:Ihc hlprofec~111~9Q1adrr1tn11taals\flnai revised.dot Gary A. Lee, p.E./I..S. fi • .i JUL 15 '98 17 03 I~ 1~ ~~ PAGE. 09 Prepared by: J-U-9 ENGINEERS, inc. .., ;, ~. E~~~ineereSurveyors Planners • Project: 1131 f Date: June 18, 1997 Revised: September 5, 1997 PARCEI.3: ' tAND SITUATED IN ADA COUNTY All that certain real property situated in Section 2, t.3N, R.iW., B.M. Ada County, Idaho, described as follows: A portion of the W 1 /2 of the E1 /Z of the SW 1 /4 as shown on Record of Survey No. 391 6 filed as Instrument No. 97047432 dated June 16, 1997, of Ada County Records further described as •'ollovrs: Commencing at a found Brass Cap Monument marking the 5W comer of Section 2'from which a found Brass Cap Monument marking the 1 /4 corner of Sections 2 and 11 bears South 88°3$'31" East, 2,653.49 feet; thence South 88°38'31" East 1,326.75 feet to a set 5/8-inch iron pin With cap Stamped "G, A. Lee, Q PE/L5 32b0", marking the W 1 /1b corner and the Southeast corner of Sunburst Subdivision No. 2 as filed in Book b0 of Plats, page 5894, Ada County Records; thence along the West l /i6 line and East boundary line of said Sunburst Subdivision No. Z and the East boundary tine of Sunburst Subdivision No. 4 as filed in Book b~ of Plat§, page 6217, Ada County Records, and the East boundary tine of Kent Field Manor as filed to Book 68 of Plats, page b9i3, Ada D County Records, North 00°17'24" East, 2,144.15 feet to 8 found 112-inch iron pin with cap stamped "LS 4931" on the North right-of-way of West chateau Drive, marking the Southwest corner of Parcel 3 and the REAL, POINT OF BEGINNING; thence continuing along said West 1 /i6 tine and said East boundary line of Kent Field Manor North 00°17'24" East, 511.98 feet to a found 5/8-inch iron pin with cap stamped "LS 4931" marking the GIN 1 / 1 b corner and the Northwest corner of said Parcel 3; 8 ° '3 " t 414.67 feet o a set 5/8-I ch fro in wit thence along the 114 Section lute South 9 12 2 Eas , t n n p h cap stamped "G. A. Lee, PE/1S 3260" marking the Northwest corner of Sunny Brook FatmS No, 4 as filed Book 53 of Plats, page 4682, Ada County Records, and the Northeast comer of Parcel 3; thence along the West boundary line of said Sunny Brook Farms No. d, South o0°17'24" West, 469.23 feet to found 1 /2-{nch iron pin with no cap on the North right-of-way of West Chateau brlve marking the Southeast corner of said Parcel 3; thence South 88°34'15" West, 100.00 feet to set 5/8-inch iron pin with cap stamped "G. A. Lee, PE/LS 3260"; thence North 89°42'36" West, 106.37 feet to a set 5/8-Inch Iron pin Wlth cap stamped "G. A, l.ee, PE/LS 3260"; thence along a tangent curve to the left with delta 19°59'16'', radius 330.00 feet, tangent length 58.15 feet, arc length 115.12 feet and chord bearing South 80°17'46" West, 114.54 feet to a set 5l8-inch iron pin with cap stamped "G. A. Lee, PE/L5 3260" and marking a point of reverse curvature; r t rJ` l JUL 15 '98 17 03 PAGE. 10 ,~~ Engineers 9nrv.~ Planners • Parcel 3 ' June 1B, 1997 Revised September 5, 1997 Page 2 thence along said reverse curve with delta 20°40'29", radius 270.00 feet, tangent length 49.25 feet, arc length 97.43 feet, and chord bearinq,South 80°38'23" West 96'.90 feet to found 1/2•inch Iron pin with cap stamped "!S 493f "marking the Southwest corner of said Parcel 3 and REAL. POINT OF BEGINNING; Said parcel contains 4.60 acres, more or less. SUBJECT T0: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. r p GAL:ckc F:\projects~1131 f\admtMRevlsed Pa~cet 3 Gary A, l.ee, P.E./L.S. 3 JUL 15 '98 17 04 PAGE. 11 Prepared by: J•U-B ENGINEERS, Inc. CENTRAL • •• DISTRICT ~11"HEALTH DEPARTMENT MAIN OFFICE • 701 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 321-8500 To prevent and treat disease and disability; to promote healtlry lifestyles; and to protect and promote the health aired quality of our environment. 98-496 August 5, 1998 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Devlin Place Subdivision. Dear Mr. Navarro: RE°E~D AUG p 7 1998 CITY OF MERIDL4N Central District Health Department, Environmental Health Division has reviewed and. do approve the final plat on this, subdivision for central water and central sewer facilities. Final approval was given on August 4, 1.998. No lot size may.' be reduced without prior .approval of the health authority. If you have any questions please call. Sincerely, ~~ ~f~1' ~~ Michael H. Reno, E.H.S. Environmental, Health Specialist cc: Tom .Turco, `Environmental Health Director. Martin O. Jones, Environmental Health Supervisor Thomas E. Schmalz, Senior Environmental Health Specialist HUD City of Meridian JUB Engineering D.W. Inc. Serving Valley, Elmore, Boise, and Ada Counties Ada-WIC Satellite Office 1606 Roberts Boise, l0 83705 Ph. 334-3355 FAX: 334-33552P Elmore County Office 520 E. 8th Street N. Mountain Home. ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 ® FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 Ada /Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Heolth: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 ~ ~ 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 surfa onals racrossgthere anddthenngoes of goes in a northv~sterly fashion. I think it drag across Ustick Road does it not that is what my understanding is. I think with another map you could clarify that. uestion, it just seems to me that is a Rountree: That is okay that answers my q reasonable resolve to some of the issues that have been brought up. Bowcutt: (Inaudible) Corrie: Any further questions from Counc~l? At this point I will close the public hearing. Council, discussion, comments, direction . ers active although I am Morrow. Mr. Mayor I guess for point of discussion from my p p 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 se donlt slee that there terms of designing a compatible subdivision, compatible entryway. is any injury to any of the three of them by pressing mon drive fo Slots four and' fvehand does make sense from our standpoint to do the coin block six. I do think however that there ought to b o that thereb s no'c oss movement ~n access to Cherry Lane sewer access not happen s 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 this proje~ ng that for maintenance purposes. Those would be my thoughts in Rountree: Good motion do you want a second? Morrow. Yes Corrie: Motion made by Mr. Morrow,. second by Mro eodu~ntree, any further discussion on the motion that was made? All those m favor? Opp MOTION CARRIED: All Yea Corrie: Staff will .get that on record and find out what v~ need to do on that one. FIVE MINUTE BREAK _--~ ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DEVLIN 7 PLACE SUBDIVISION BY D.W. INC.: Come: Would the representative for the preliminary plat come forward? ~ i Meridian City Council July 15, 1997 Page 33 Scott Stanfield, JUB Engineers, 250 S. Beachwood, Boise, was sworn by the City Attorney. Stanfield: JUB Engineers is representing DW Inc. on this preliminary plat application for Devlin Place Subdivision. The property consists of approximately 12.2 acres located north of West Cherry Lane between existing Sunburst and Sunnybrook Farms Subdivision, particularly it is east of Ten Mile The property is currently zoned R-4 and R- 4zoning basically surrounds the proposed projects. There is a small farm land area currently to the west that is currently county rural transition. The development is proposed to be single family residential units as is the surrounding developments in Sunburst and Sunnybrook, The approved Meridian assisted living project borders south of this project. To the north lays vacant land. The developer intends to develop an R-4 single family residential subdivision which will meet current City ordinance, ACHD and Nampa Meridian Irrigation District requirements. The subdivision will consist of 39 single family lots plus common lots. Tv~ro of the common lots will be designated as landscape, multi-purpose lots. They will also serve as drainage lots. The third common lot will exist along the west boundary as the plan you have should show. That will be fenced off chain link and it will provide two mechanisms. One will provide access to the Davis Drain which will be piped as part of this project. It will also provide a pathway to allow foot traffic to go from south to north to the future park that is part of a different project to the north of this project. The lot area will range from minimum of 8,000 to approximately 10,000 square feet. Density is at about 3.2 units per acre. City services consist of city fire, water and sewer services. The project is within the Meridian School District and it is also within the Nampa Meridian Irrigation District. The development is bordered by several streets that stub into it, particularly Chateau Drive to the north. Then a couple of stub streets to the east from Sunnybrook Farms. This configuration will create several entrances to the subdivision. We feel that most lot owners will elect to come up Ten Mile and .down Chateau Drive adjacent to Kentfield Manor and then turn south to the development. This should also alleviate some of the traffic in Sunnybrook Farms and perhaps Glennfield by encouraging those people to also come down Chateau Drive versus meandering through Sunnybrook Farms. The applicant would also like to look at moving the drainage lot that is shown in the NW corner and perhaps locating it in the future park to the north and perhaps agreeing to putting in some park amenities in exchange for moving the storm drain lot to the north. This would create a buildable lot. However the plan you show now does describe it as a common lot. That is basically it, does anybody have any questions? Rountree: You talked about a future proposed project to the north. The deal when we talked about the extended living facility was that would be part of the development that would occur north of that side. So now ~ have another project and we are hearing about yet another project so could you explain what the intent is there as your plat and other development potentials around this surrounding this subdivision have not been laid out which they are supposed to be. Meridian Cit Council ~ • Y July 15, 1997 Page 34 Stanfield: Currently Prestige Homes owns the property where the proposed Meridian assisted living is and where Devlin Place is at and the future park. As part of the Meridian assisted living project which is approved I believe it was contingent upon putting the park north of Devlin Place. So Devlin Place isn't really tied to the project to the north our project Meridian assisted is through the approval of Meridian Assisted living. I understand it was part of the conditional use process. Does that answer your question? Rountree: It creates another one but I don't think you have any answer for it. Corrie: Anyone else from the public that would like to enter testimony at this time? Morrow. Mr. Mayor, could we have Shari or Gary address the issue that Mr. Rountree raises? Stiles: I am sorry could you repeat what you question was? Rountree: The question was about the development of that northerly portion into park. I know it was discussed with the previously approved project off of Cherry lane but I don't recall that it was made a condition of that approval, is that in fact the case? Stiles: The improvement of the park, the development of that park was not a condition of that conditional use permit. The dedication of the land was a condition of it. I also had one comment on the plat that we didn't note in our comments that some of these comer lots where they have the curve there. I wanted to applicant to be aware that we measured the frontage based on the line length plus one half of that curve length. Since we do not have exact dimensions on these lots there may be some frontage designations that need to be made on those corner lots. Stanfeld: We will meet all frontage requirements on this development. Does that answer your concerns? Morrow. Shari, for my own clarification the dedication of the park ground ~ has taken place, do we have deed to that or what is the procedure there? Stiles: The City does. not and I am not aware of where they are in the process. I know Gary Lee is doing the engineering both for this subdivision and for Prestige Care now. I don't know if .Scott has any information on where they are at. Morrow. I guess what I am after is to make sure that we get the park site. We do have that as a cast in stone requirement- of the conditional use permit for the assisted living facility. Meridian Cit Council • • Y July 15, 1997 Page 35 Stiles: Yes, it is a requirement of the assisted living permit. We don't have a development agreement in place yet. We will have that prior to them getting a building permit. We will have that in hand that deed in hand prior to issuing a building permit. Corrie: I guess Gary on the street it shows that one curb comes in off of I believe that is Sunburst, is that the only entrance there, the front of this is going to be this assisted living, is that going to connect into that street at all. Where people are going to be coming into that assisted living are they coming to come in off of Cherry lane but can they get out through that subdivision? Stiles: I don't believe it was dedicated as a public street, maybe Scott could answer that. There is going to be access through there but Ada County Highway District specially wanted that choked down a little bit so it didn't provide a thoroughfare through that subdivision. Stanfield: I can elaborate on that somewhat. I believe you are referring to the southwest corner of the development and tie into Gemstone. These plans for Gemstone these final plans may or may not include the street construction of the continuation of that street we are showing to .the south and then it will tum to the west and meet Gemstone whether it shows up on Devlin final plans under property that will then be owned by Meridian Assisted living is still being worked out. It will. either show up on Meridian assisted living plans or Devlin final plat. But it is on Meridian assisted living property or will be when the property. is deeded out. Corrie: Any further testimony? Hearing none I will close the public hearing. Morrow. Mr. Mayor, I would move that we approve the preliminary plat for Devlin Place Subdivision by DW Inc. subject to staff conditions. Rountree: Second Corrie: Motion made that we approve the preliminary plat for Devlin Place Subdivision subject to staff approval, any further comments or discussion? MOTION CARRIED: All Yea ITEM #8: REQUEST FOR A CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITIES BY CLASSIC KITCHEN INC. - BRET JONES: Corrie: Is Bret Jones here? Jones: Mayor and Council, 1 appreciate you taking the time this evening last but not least to entertain our application for a conditional use permit for our business. The business has been growing over the past years we have been experiencing a 2fi% growth rate which has forced us out of our current inhabitants and we would like to build ,r` Meridian City Council • July 15, 1997 Page 35 Stiles: Yes, it is a requirement of the assisted living permit. We don't have a development agreement in place yet. We will have that prior to them getting a building permit. We will have that in hand that deed in hand prior to issuing a building permit. Corrie: I guess Gary on the street it shows that one curb comes in off of I believe that is Sunburst, is that. the only entrance there, the front of this is going to be this assisted living, is that going to connect into that street at all. Where people are going to be coming into that assisted living are they coming to come in off of Cheny lane but can they get out through that subdivision? Stiles: I don't believe it was dedicated as a public street, maybe Scott could answer that. There is going to be access through there but Ada County Highway District specially wanted that choked down a little bit so it didn't provide a thoroughfare through that subdivision. Stanfield: I can elaborate on that somewhat. 1 believe you are referring to the southwest corner of the development and tie into Gemstone. These plans for Gemstone these final plans may or may not include the street construction of the continuation of that street we are showing to the south and then it will tum to the west and meet Gemstone whether it shows up on Devlin final plans under property that will then be owned by Meridian Assisted living is still being worked out. It will either show up on Meridian assisted living plans or Devlin final plat. But it is on Meridian assisted living property or will be when the property is deeded out. Corrie: Any further testimony? Hearing none I will close the public hearing. Morrow. Mr. Mayor, I would move that we approve the preliminary plat for Devlin Place Subdivision by DW Inc. subject to staff conditions. Rountree: Second Corrie: Motion made that we approve the preliminary plat for Devlin Place Subdivision subject to staff approval, any further comments or discussion? MOTION CARRIED: All Yea ITEM #8: REQUEST FOR A CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITIES BY CLASSIC KITCHEN INC. - BRET JONES: Corrie: Is Bret Jones here? Jones: Mayor and Council, I appreciate you taking the time this evening last but not least to entertain our application for a conditional use permit for our business. The business has been growing. over the past years we have been experiencing a 26% growth rate which has forced us out of our current inhabitants and we would like to build r Meridian City Council July 15, 1997 Page 36 anew building in front our current facilities on Bower Street, E. Bower. This particular (End of Tape) we like the City, our kids go to school here and we would like to maintain our business here. These plots are in old township which years ago was not planned an thought out very well. We have applied for maximum use of the property for building to get the best value of our dollar we can, forcing us to create parking on the other parcels that we own east of the proposed building plot. We have gone through Planning & Zoning, Ada County and (inaudible) agreed to their suggestions that they have asked us to take care. We don't have any real problems with any of the City requirements there. We have estimated four trees per the front of the property in the landscape area here. Large circles are trees and it works out about four trees for the amount of parking that we would like to have. We are regulated by Department of Environmental Quality to contain our combustible products, our exhaust and sanding dust and things like that. We are going, we would like to do that also. East of the old Wilkins blacksmith shop which we currently own (inaudible) will be enclosed, it will unload them into trucks in an enclosure to eliminate the amount of particulate which float into the air which we are required by DEQ to control. So we have some guidelines there that we need to work on. Corrie: Council, any comments or questions of Mr. Jones? Thank you very much, staff any comments, Gary or Shari? Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for P & Z. Rountree:. Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve of the findings of fact and contusions of law adopted by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow Yea, Rountree -Yea, Tolsma -Yea, Bentley -Absent MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision. Rountree: Mr. Mayor, I move that the City approves the conditional use permit requested by the applicant for the properties described in the application with the conditions set forth in the findings of fact and conclusions of law. And that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire codes, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Tolsma: Second • Meridian City Council July 15, 1997 Page 37 Corrie: Motion made by Mr. Rountree, second by Mr. Tolsma on the decision and recommendation as read, all approved? Opposed? MOTION CARRIED: All Yea ITEM #9: DEPARTMENT REPORTS: Smith: Mr. Mayor and Council members, I don't have a change order for Ashford Greens Lift station that I know of so I will move on to the change order for the waste water treatment plant. We had a change order for the lift station last Council meeting. We had one to change the diameter of the dry well but that was the last Council meeting. Item 2 is the change order on the Waste Water Treatment Plant, roadway rehabilitation, Park Town Construction Inc. Change order #2 had to do with adding some, remove/replace asphalt pavement. Deleting some new asphalt and we deleted the striping. These are in accord with the unit prices as bid by the contractor for a net change of a net increase of $14,837.25. Morrow. Mr. Mayor, I would. move that we approve the change order for the Waste Water Treatment Plant roadway rehabilitation to Park Town Construction in the amount of $14,837.25. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the contract change order, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Smith: Also attached to that packet is contract change order #3 for the same contractor for the same project. There is a list of 7 different changes. One of which is liquidated damages, 8 days at $150 per day, $1200. The resulting change in change order #3 is an increase of contract price of $2522.72. Corrie: Any discussion? Entertain a motion. Morrow. Mr. Mayor, I would move that we approve the change order at the Waste Water Treatment roadway project for Park Town Construction in the amount of $2522.72. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the contract change order No. 3 in the amount of $2522.72, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ~ ~ MERIDIAN CITY COUNCIL MEETING: July 15 1997 APPLICANT: D.W. INC. ITEM NUMBER; 7 REQUEST• PUBLIC HEARING• REQUEST FOR A PRELIMINARY PLAT FOR DEVLIN PLACE SUBD. AGENCY COMMENTS CITY CLERK: MINUTES FROM 6-18-97 P S< Z CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: J US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 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 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. Meridian Planning & Z~g Commission Special Meeting June 18, 1997 Page 34 Gary Lee, 250 S. Beechwood, Boise, was sworn by the City Attorney. Lee: As stated in the application D.W. Inc. is applying for a preliminary plat for Devlin Place Subdivision. We are proposing 39 single family residential lots and three common lots. The size of the lots will range from 8,000 to 10,000 square feet. Approximately 12.2 acres of property, it is currently -zoned R-4 and was annexed previously. That yields a density of about 3.2 per acre. The property as it is situated now is surrounded by mainly R-4 zoning. There is a piece of RT Ada County zoning to the west. On all of our boundaries it is R-4 zone. The existing land uses are single family residential uses and R-4 zoning as well. With the exception of the recently approved Meridian assisted housing project that is situated along the south boundary of Devlin Place subdivision. As you recall the application on that Meridian assisted housing was for conditional use permit. I don't recall the exact date that it was approved but it was within the last 6 months. Part of that application and at least in the documents that I had a chance to look at included a conceptual idea for this development. Also it had shown a parcel north of Chateau Drive to be a future city park of roughly 5 acres. The particular sketch you are looking at is basically the same, we have taken the architects rendering and adjusted it to the fit. the current City of Meridian zoning ordinances for R-4. There is a piece of farm land in that Ada County zoning to the west, that is still in agricultural production. Services are surrounding this particular piece of ground. Transportation is provided by access to Chateau Drive which is an east west collector street. There are two residential street connections on the east boundary that go into Sunnybrook Farms. There will be one residential connection to the south that will go through the Meridian assisted housing project and connect to Gemstone as was a requirement by that previous CUP. Water and waste water are of course available at these locations and will be extended to this project and looped where required. There will be a pressurized irrigation system. At this point we are entertaining that it be a system owned and operated by Nampa Meridian Irrigation District. It is our desire, although the details haven't been worked out to build the system to provide water to this development as well as Meridian Assisted Living project. There are two common lots within the development that we have identified as storm water retention or detention swales. I don't recall the exact lot numbers but there is one that is right at the northwest corner on Chateau Drive that after discussions with Dan Woods the developer we would like to approach the City and will bring this up with City Council and the Mayor of possibly moving that storm water system across the road into the City Park. At the same time maybe construct some play ground equipment or volleyball court or maybe a basketball court or some such thing that the City can have some benefit in that park. And the developer could in exchange have another sellable lot. At this point though the application was that was just going to be a storm water swale, but we will approach the City on that aspect. There is an existing waste ditch along the westerly boundary. Initially we thought we would just show it as an easement to provide piping of that ditch for Nampa Meridian. After our discussions with the highway district they suggested that maybe that be a double use and be used as a pathway as well. If your read their staff Meridian Planning & Zc~ig Commission Special Meeting June 18, 1997 Page 35 report they recommended that to the developer for this project. There is a small portion of the Rutledge Irrigation lateral that currently traverses along the west boundary of the Meridian assisted living which this project will extend a few feet to connect to an existing pipe that goes along, I believe that is Sunburst No. 4. If the Commission has any questions I would be glad to entertain those at this point. Johnson: Thank you Mr. Lee, any questions for the engineer? Borup: I have a couple, Chateau Drive, ACHD is talking about a 66 foot right of way, is that an adjustment that needs to be made on the plat? Lee: I met with the Highway District at the tech review and it is 66 feet at the easterly boundary and it is 66 feet at the westerly boundary at the two points of existing roadway. What we have agreed to do is there be a taper off that east side from 66 to 60 and then continue the 60 foot right of way onto the west. It will be a short taper of about 100 feet. Same with the roadway width, it will taper from 49 to 41 feet. Borup: Just for my education, that was one question I had. They were talking about increasing the right of way a disproportional distance then the road improvement. Do you know the reason for that? Lee: You mean the 66 and 49 feet? Borup: Yes, rather than 60 and 37. I think it is 50 and 37 and then they were talking Lee: All 50 foot right of ways are 37 foot streets. For some reason in Sunnybrook N0. 4 or 5 whichever one created Chateau Drive on the east side was created with a 66 foot right of way and a 49 foot street. Which is probably during a phase prior to the current (inaudible) Borup: That was not their current policy then? That is what had me confused, I was curious on what it was different. In reference I think the Fire department made reference to the turnaround down on the street to the south, now will that street, is this development going to be going on at the same time as the other project to the south there? Lee: I don't know if I can answer that, I don't know for sure the construction schedule of the Meridian assisted living project. Borup: My question was if that project is in that street continues on through there, is that correct? So a tumaround would not be necessary if the other is developed but. Lee: If the timing is such. If for some reason it lags behind we will have to work some kind of deal with him to put in a temporary turn around. Meridian Planning & Zo~g Commission • Special Meeting June 18, 1997 Page 36 Borup: The two lots on Chateau, Lot 2 and 3 that were going to have the cross access drive, were there going to be some more detailed notes on the plat with reference to that. Lee: There will be, there will be some notes concerning access to Chateau and it will also include specific verbiage on lots 2 and 3. Borup: Well just knowing those builders we need a lot notes then what is on there now. Something like that can get overlooked real easy. Lee: I can see that, in fact I think that is one of the requirements on ACRD staff recommendations to be noted. Borup: Yes it was but it didn't say to what detail. Between Lot 12 and 13 is that and easement line, a path access? Lee: It started out as an easement line from over flow from that drainage lot across the street. And as you see on ACHD staff recommendations they have recommended a pathway there as well. Which we can accommodate them by adjusting that lot line somewhat and still meet the minimum frontage. Borup: Then the other big question 1 would have on the pathway is it is still under Nampa Meridian's jurisdiction isn't it? Lee: Well they claim rights to an easement there. Borup: Are they going to allow that (inaudible) Lee: We are going to pipe it which should make it a lot easier for them. That is one item we do need to get solidified with Nampa Meridian, we think we can through a previous conversation. Borup: That is all the questions I have Mr. Chairman. Smith: I am confused about this dedication of the park, could you clarify that? Lee: Well what I have read about the conditional use permit when Prestige Homes came in, see they owned all of this property in the beginning and still do. With their application to the City one of the conditions was that they dedicate a park north of Chateau Drive along with some other things building Chateau Drive and making this access on Gemstone. So under that conditional use permit and their agreement with the City they will be taking care of that item north of Chateau. That was one of the items Meridian Planning & Z~g Commission • Special Meeting June 18, 1997 Page 37 that staff had mentioned and in my response to them I pointed that out that it was part of another agreement. Smith; I just wanted to make sure that there wasn't some kind of a joint dedication or something along those lines. Thank you Johnson: Thank you very much, anyone from the public that would like to comment on this application? Sue Sheehan, 2541 W. Chateau Drive, Meridian, was sworn by the City Attorney. Sheehan: Well I just have a few questions for this. I am the President of our homeowners association of Sunnybrook Farms. One of my main concerns and always has been, we have been here before. This is a subdivision they are wanting to put in, they have their own name however they do not have their own entrance. There was an entrance made on Cherry Lane the last time we came because it was proven the surrounding subdivisions we all have our own names, we have our entrances and we take care of those. They have to access from either Sunnybrook, Sunburst and it sounds like now Gemstone. We don't feel it is right that if they are a subdivision we don't feel it is right that they don't have their own entrance. We have association fees that we pay yearly, are fees are $50 a year. We pay these fees to maintain the park that we have that is our little neighborhood park that is a 3.5 acre park. that is right where they are doing this, right across the street and to maintain the frontage. It takes a lot to maintain these and our association dues that we are paying right now for 124 homes the $50 isn't making it. Because it costs so much to maintain these things. We don't feel it is right if somebody is going to come into our subdivision we have a really bad problem right now. They are going to open up Chateau when they do this. Right now one of Meridian's officers came to our home the other day, he was parked trying to catch speeding cars. We have a real problem with this, a lot of little kids play at this park, a lot of little kids are going back and forth across the street to get to this park. He said you know you people really have a problem, he said I think you need to go and talk to somebody about speed bumps around here. You have people starting down her eon chateau and they are speeding so fast down here that he was doing a chase that particular day when he stopped to talk to us. He was chasing a car that was going so fast. We get this all of the time. Well we don't need for cars in there endangering the lives of the kids in the park. Where he is talking is right butted up against our park. 1 am going further, I understand that I have to go to ACRD if you know anything different please tell me. I am going to try and see about having some speed bumps put in. But we feel like if somebody is going to use our entrance and our park they should pay our association fees. We have to pay them and it is not working very good because they aren't going around because we are getting so many people that are abusing our park. We pay for signs, we do things nice to our park, put up equipment. All of these people moving around us are tearing it down. The other thing, I can get a lot of signatures, I don't know if that helps, I noticed one lady had them. There are hundreds of Meridian Planning & Z~g Commission Special Meeting June 18, 1997 Page 38 homeowners that agree with me on this. Not just from Sunnybrook but also from Sunburst that on this entrance thing and more cars coming into our subdivision. So I can check with you on that too. The other thing I wold like to know more about this dedication of the park. We had heard, I know they need a million dollars to develop that back part and that is why nobody wants to develop it. We know that they were going to donate that and possibly run it in with our park. If that is going to happen then we would like to hear about that. We do have that park it is ours, it is Sunnybrook's park. So we would really like to hear about that. Then I have another question and that is the schools. Right now as you know we have a problem here with the schools Right now it ends right at the street where he is talking about opening it up. It ends at Chateau right past Todd that select subdivision can go to .Linder and the other one is being booted out. What district is this one going to be in? I think that is all the questions I have right now. Johnson: Thank you very much Borup: I have a comment, just a question for the person that just testified. At some previous application someone had make a statement that the association (End of Tape) statement that the association would rather tum the park over to the City. Sheehan: I said that we would be interested in talking about it. We have never been contacted. Borup: I shouldn't be speaking for the City but I know one of the problems on maintain is maintaining small parks. I think maybe the adding the 5 acres to your park would get it up to a size that makes more feasible for the City. Sheehan: We would be willing to discuss that. Borup: And just a general comment, you are talking about the traffic through the subdivision which is kind of more of an infill but there are four entrance exists out of this subdivision which gives it four areas for the traffic to disperse rather than all down Chateau. Sheehan: ,Well my main thing that I said before is we have to pay for the entrance though, the upkeep all of that. We do have our own entrance. Borup: You might realize also that the streets are maintained by ACHD so it is their roads. not a subdivisions roads. Sheehan: I realize that, but I think it is only fair. Every subdivision that is their except for this one, this will be the only one every one that is there does have their own main entrance and everyone that is there does pay to have that entrance maintained. It comes out of the people who live there in the association. Meridian Planning & Z~g Commission • Special Meeting June 18, 1997 Page 39 MacCoy: You asked the question on the schools and the report says that it will service Linder, Meridian Middle and Meridian High School are the three schools (inaudible). Sheehan: Thank you Johnson: Is there anyone else that would like to make any comments at this time? Seeing no one then I will close the public hearing at this time. This is also a preliminary plat. Smith: Mr. Chairman, I would like to make a motion to approve this preliminary plat and forward it onto City Council. MacCoy: Second Johnson: Motion and a second to approve the plat as a recommendation to the City Council. All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 BY MERIDIAN LAND DEVELOPMENT CO.: Johnson: At this time I will open the public hearing and invite the applicant or his representative to address the Commission. Charles Eddy, PLS, 290 N. Maple Grove, Boise, was svirorn by the City Attorney. Eddy: I represent Meridian Land Development Co. for this annexation and zoning request of 28.38 acres located at addresses 2630 and 2930 West Pine. That is in NE %. of the NW '/4 of Section 11, T.3N, R.1 W, Boise Meridian, Ada County, Idaho. These parcels for as long as I can remember have been in agricultural uses. The parcel to the north is currently zoned R-4 with Haven Cove No. 4 Subdivision. The parcels to the east are Haven Cove No. 6 and No. 5 also zoned R-4. The parcels to the southwest are currently zoned RT and are agricultural uses. We are requesting annexation and zone change of R-4 and R-15. The R-15 would be approximately 3.04 acres at the Southwestern portion of the property. There is the Eight Mile Lateral Canal which bisects the property from a SE to a northwesterly direction and splits off this 3.04 acres and (inaudible). What we are proposing is 80% of the development to be single family residential and 20% of the development to be town homes. Single family residential would contain public streets with 50 foot right of ways and 37 feet back to back curb improvements. 3.04 acres of R-15 zone would be town homes with private street to be OFFICIALS 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 MEMORANDUM: ~ COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA ERIDIAN REE O L ~ CITY OF M ENN R. B NTLE G 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor June 13, 1997 To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City E-n~°eer Shari Stiles, P&Z Administrator ~~~' Re: DEVLIN PLACE SUBDIVISION by D.W., Inc. (Preliminary Plat) We have reviewed this submittal aced offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly neodf fled or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage 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 andlor 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. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Devlin Place Sub.pp • • Mayor, Council and P&Z June 13, 1997 Page 2 7. Indicate any existing FEMA Flood Plain Boundaries on the Preliminary Plat Map, and/or any plans to reduce said boundaries. 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 existing mains installed in the Sunnybrook Farms development. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. 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 existing mains installed in prior phases of this development. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 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. Please provide a generic building envelope for Lot 7, Block 4 that would meet all of the setback and dimensional standards. With the irregular shape of this lot, it is hard to visualize whether it is a practical building lot. 4. 250- and 100-watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. A development agreement is required on this property. The development agreement needs to particularly address the requirements for the five-acre park which is to be dedicated to the City and the building of Chateau Drive (sidewalks, etc.) Devlin Place Sub.pp • Mayor, Council and P&Z June 13, 1997 Page 3 • 6. Provide six-foot-high, non-combustible fencing adjacent to the undeveloped farmland to the west of this property. 7. The block length on the western edge of the property exceeds the 1,000-foot maximum. However, due to the retirement/nursing facility to be constructed to the south of this property, a stub street into the undeveloped property may adversely impact traffic patterns through the area. 8. Please add or revise the following notes: (4.) Revise note because ten foot-wide easement is on applicable if the boundary line is not a side lot dine. Devlin Place Sub.pp HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivets 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 Devlin Place Subdivision N. of Cherry Lane. South of Chateau between Sunnvbrook Farms and Sunburst Subdivision BY: D.W.Inc. LOCATION OF PROPERTY OR PROJECT: E 1/2 of the SW 1/4 of Section 2, T.3N. R1 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. 8c FINAL PLAT) U.S. WEST (PRELIM. & FINAL'PLAT) INTERMOUNTAIN GAS (P 1M. & FINAL PLAT) BUREAU OF RECLAMATIO (PRE . & FINAL PLAT) CITY FILES / / ~~ 1'~~ OTHER: j[E ~/ YOUR CONCISE REMARKS: ti..cd.: F.. ~„r ~fJ MP~Y ~ f ~, v1 ~~ a ^ ~Y Aid ..._ r ~ ~ ry- • HUB OF TREASURE VALLEY 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding 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: S/21!97 HEARING DATE: 6/10/97 REQUEST: Preliminary Plat for Devlin Place Subdivision N. of Cherry Lane, aouth of Chateau between Sunnybrook Farms and Sunburst Subdivision BY: D.W. Inc. LOCATION OF PROPERTY OR PROJECT: E 1/2 of the SW 1/4 of Section 2, T.3N. RI W. Boise Meridian, Ada County JIlvf 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 ~F1RE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL~~EY~f~U ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~~`~ /` ~ ~ 7 1gg7 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRI~CIT"Y i~~ 'V~EA'I~~AIV SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM.&IFINAL PLAT) CITY FILES ,S ~ Z 2 •- OTHER: YOUR CONCISE REMARKS: iG~N t W; ~L ~t-~e ~ ~rN-a~eo~cwQ hl '~ ~C StJ rc _' f " (L E ~!J c S r.e •G /r/AIx !~ 5 (y'iV S /1/ Q ~ o l3.e ~.,rs~ t~GG e f.~•e~o.~e u r i.~y % S S~M~ `~ ~~~ • ~ ~:: M,~Y 2 9 ~~y7 SUPERINTENDENT Dr. Bob L. Haley May 28, 1997 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Devlin Place Subdivision Dear Councilmen: We have reviewed the application for Devlin Place and find that it includes approximately 39 homes assuming a median value of $120,000. We also find that this development is located in census tract 103.10 and in the attendance zone for Linder Elementary School, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 12 elementary aged children, 10 middle school aged children, and 12 senior high aged students. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this subdivision. Sincerely, Jim Carberry, Administrator of Support Programs BOARD OF TRUSTEES Larry Andrews • Wally Hedrick • Holly Houfburg • Jim Keller • Steve Mann JUN 1 6 1997 ~1'fY~F~AEIRfC~ean. June 12, 1997 TO: D.W., Inc. 13141 W Bluebonnet Ct. Boise ID 83713 FROM: Karen Gallagher, Coordinator Planning & Development Service is~on SUBJECT: Preliminary Plat-Devlin Place/MPP-OS-97 e/o Ten Mile Road n/o Cherry Larxe On June 11, 1997, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are reauire_ :Prior to any construction within the existing or proposed public right-of--way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, tsgg~g~ with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary _ L.._I Facts and Findings: A. General Information Owner - D. W,. Inc. Applicant -Same R-4 -Existing zoning 12.22 -Acres 39 -Proposed building lots 2,600 -Total lineal feet of proposed public streets 261 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District hC er , Lane Principal arterial with bike route designation Traffic count 7,906 on 9/11/95 0-feet of frontage ~J Cherry Lane is improved with a 5-lane street section with curb, gutter and sidewalk. Chateau Drive Collector street with bike lane designation No traffic count available 410-feet of frontage 66-feet existing right-of--way (33-feet from centerline) to the east 60-feet existing right-of--way (30-feet from centerline) to the west 60 to 66-feet of right-of--way is required for the extension Chateau Drive is improved with 49-foot street section to the east of the site with curb, gutter and 5-foot wide concrete sidewalk. To the west of the site, Chateau Drive is improved with 32-feet of pavement with curb, gutter and sidewalk on the north side only. Todd Why. Janell Street Local streets with no pathway designation No traffic counts available 50-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 50-feet of right-of--way for the extension Todd Way and Janell Street are improved with a 36-foot street section with curb, gutter and sidewalk. DEVLIN.COM Page 2 Gemstone Drive Local street with no pathway designation No traffic count available 50-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 50-feet of right-of--way for the extension The existing Gemstone Drive is improved with a 37-foot street section with curb, gutter and sidewalk. Gemstone Drive has not yet been constructed to the site. On January 15, 1997, the Commission reviewed and approved MCU-30-96/MRZ-3-96, an assisted living facility/retirement complex. The applicant of the assisted living facility/retirement complex was required to extend Gemstone Drive, as a 37-foot street section with curb, gutter and sidewalk within 50-feet of right-of--way, to their northwest boundary (the subject applicant's southwest boundary) B. The applicant has requested a reduced street section (a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 42-feet of right-of--way) for Gemstone Street from the site's south boundary to Higan Street. This segment of Gemstone Street will not have front-on housing. The site to the south was required to construct Gemstone Street as a 37- foot street section with curb, gutter and 5-foot wide concrete sidewalks. Gemstone Street has not been constructed (by the applicant to the south) to this site. Staff recommends that the subject applicant and the applicant to the south be allowed to construct Gemstone Street as a 29-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 42-feet of right-of--way from the site's south boundary to Higan Street provided the site to the south submits a modification of their site. A reduced street section will accommodate a roadway with an irrigation facility to the west while maintaining a sufficient lot frontage for the abutting lot to the east. This will require Gemstone Street to transition from a 29-foot street section to a 37-foot street section. Coordinate the transition of Gemstone Street with District staff. C. Utility street cuts in new pavement less than five years old is not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. D. The applicant is proposing to construct two turnarounds within the subdivision, one at the terminus of Kandice Court and another at the terminus of Kristen Court. Both of the turnarounds have a 50-foot radius. District policy requires that turnarounds have a minimum of a 45-foot radius. The proposed turnarounds meet District policy. E. The applicant is proposing five street connections to existing or approved stub streets: The first is Chateau Drive extended along the north boundary of the site (connects two stub streets). District staff supports the extension of Chateau Drive. The applicant should construct the extension of Chateau Drive as a 49-foot street section DEVLIN.COM Page 3 • with curb, gutter and 5-foot wide concrete sidewalks within 66-feet of right-of-way. The applicant will be required to taper Chateau Drive from a 49-foot street section to a 41-foot street section to the west. Coordinate the transition of Chateau Drive with District staff. • The second street extension is Janell Street on the eastern boundary, approximately 280-feet south of the north property line. District staff supports the extension of Janell Street. • The third street extension is Sandalwood Drive from the east, approximately 760-feet south of the north property line. District staff supports the extension of Sandalwood Drive. • The fourth street extension is Gemstone Street at the southwest comer of the site. District staff supports the extension of Gemstone Street. F. In accordance with District policy the applicant should be required to construct all internal streets (unless otherwise specified) within the proposed subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewallcs. G. Chateau Drive is a collector street. Normally the District does not allow direct lot access to collector streets. However, the existing stub streets of Chateau Drive and Janell Street make it difficult to avoid fronting two lots on Chateau Drive. The applicant. is proposing a loop driveway for Lots 2 and 3, Block 3, that would eliminate vehicles backing onto Chateau Drive. District staff recommends that the applicant is allowed to front housing on Chateau Drive for Lots 2 and 3, Block 3, 4II1X, provided a loop driveway is constructed or a paved on-site turnaround is provided for the above mentioned lots. Other than Lots 2 and 3, Block 3, direct lot access to Chateau Drive should be prohibited. Lot access restriction should be noted on the final plat. H. There is an irrigation ditch bordering the site to the west. The applicant is not proposing any stub streets to the west. However, the applicant is proposing a pedestrian pathway between Lots 12 and 13, Block 2, of the proposed subdivision. District staff supports the design of the subdivision with no stub streets to the west provided the applicant constructs a pedestrian pathway along the irrigation ditch the entire length of the site (from the south boundary to Chateau Drive). A pedestrian pathway along the west boundary of the site will enhance infra neighborhood connectivity. Coordinate the design and location of the pedestrian pathway with District staff. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. DEVLIN.COM Page 4 • The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Construct two ~CHD approved turnarounds, one at the terminus of Kandice Court and another at the terminus of Kristen Court. Submit a design of the turnaround for review and approval by District staff. 2. Construct all internal streets (unless otherwise specified) within the proposed subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks. 3. Construct four street extensions within the proposed subdivision: Construct the extension of Chateau Drive f from the northeast boundary of the site to the northwest as a 49-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 66-feet of right-of--way. Taper Chateau Drive from a 49-foot street section to a 41-foot street section to the west. Coordinate the transition of Chateau Drive with District staff. Construct the extension of Janell Street on the eastern boundary approximately 280- feet south of the north property line. Construct the extension of Sandalwood Drive, located approximately 760-feet south of the north property line. Construct the extension is Gemstone Street at the southwest corner of the site as a 29- foot street section with curb, gutter and 5-foot wide concrete sidewalks within 42-feet of right-of--way from the site's south boundary to Higan Street provided the site to the south submits a modification of their site that is approved by the District's Commission. This will require Gemstone Street to transition from a 29-foot street section to a 37-foot street section. Coordinate the transition of Gemstone Street with District staff. 4. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel 5. Provide a pedestrian pathway between Lots 12 and 13, Block 2, along the western boundary the entire length of the subdivision bordering. 6. Provide a paved shared loop driveway on Chateau Drive for Lots 2 and 3, Block 3. Coordinate the design of the driveway with District staff. 7. Other than a shared loop driveway for Lots 2 and 3, Block 3, direct lot or parcel access to Chateau Drive is prohibited, provided a paved loop driveway is constructed or a paved on- DEVLIN.COM Page 5 site turnaround is provided for the above mentioned lots. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall ~= v such a r~uirement ~=could recult i_n a substantial ha_rdstun or meauity i ne written ~gquest shall be submitted to the District no later than 9:00 a.m. on the day scheduled. for ACun C nmmicsion action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The re$~;P~+ for reconsideration shall ~gP~ifically identify each requirement to be reconsidered a_nd inch3de written documentation of data that ~=gas not available to the Contmiscion at t_he tLme of its original_ decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. DEVLIN.COM Page 6 • 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. DEVLIN.COM Page 7 CENTRAL CEN •• DISTRICT HEALTH DEPARTMENT Rezone # O 2 19~ Boise Eagle CITY OF MERID~arden city Meridian C al Use # ^ Kuna Prelimina /Final /Short Plat ll ~~/ZI n1 plat-Cc' S'ut3~ -~lSlor- ^ ACZ ^ I. 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: 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: ~-central sewage ^ community sewage system ^ community water ^ sewage dry lines ~~eentral water 10. ^ I I. ^ 12. ^ 13. Street Runoff is not to create a mosquito breeding problem. St~mwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 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 n ~.. 15. STo ~ wM~~2 M.~-vrt-6-C M ~~' S'~o ~~ dr` (1~ ~ WA'T~~- Date: ~ l 29l ~~ QU1t-t-11'4 '~'RirhTM~~r3-' ~~S'7' MnY.-it-CrEMtT~~ Reviewed By~~ DISTRICT HEALTH DEPARI*IENT Environmental Health Division ~~~IEI ~ toa (DHD IO191 r~, nv. I/95 w~: A; .,$;n...,,C; s -~y,,~'r c:~rgj,T r - : a'AC°'4. ~'F.;,°a~"P`i"„-+- _...~.c'q,~,~,74";•,,~-Yr,..w....,.•....... yam.-;s'~s.. ;,.,--• ,. -. • ~~C~'u~U ~ u N t 3 tqa~ ~~~~ ~~ ~~Ri~a~ar~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 4 June 1997 Will Berg, City Clerk Meridian City Hall 33 East /daho Meridian, lD 83642 RE: Pre/lminary P/at fa~ Dev/in P/ace Subdivision - D. W. /nc. Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian lrrigation District's Rutledge Lateral courses along the west boundary of the project. The right-of-way of the Rutledge Lateral is 40 feet; 25 feet to the right and 15 feet to the left facing downstream. The Davison Drain a/so courses along the west boundary of the project. The right-of--way of the Davison Drain is 60 feet; 30 feet from the center each way. See /daho Code 42- 1208--RIGHTS-OF-WAYNOTSUBJECT TOADVERSEPOSSESS/ON. The developermustcontactJohn P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian lrrigation District requires a Land Use Change/Site Development application be filed for review prior to fine/ platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. /f any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466- 7861 for further information. The developer must comply with /daho Code 31-3805. It is recommended that irrigation water be made available to all deve%pments within the Nampa & Meridian lrrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERID/AN /RRIGAT/ON DISTRICT BH: dln cc: File -Shop Fv/e -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • n . ~ ~J'~ . / _/ f./ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Gary A. Lee J-U-B Engineers,. Inc. 250 South Beechwood, Suite 201 Boise, ID 83709-0944 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Devlin Place Subdivision Dear Gary: 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 D W, Inc. - Dan Wood City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 9 June 1997 06/04/97 WED 08:47 FAX WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE O. STUART, Water Works Supt. JOHN T. SFiAWCROFT, Waste Water Supt, DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Adminlstrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlel W.L. "BILL" GORDON, Police Chlet WAYNE G. CROOKSTON, JR., Attorney r~oo>_ • ~utiru MEMBERS HUB OF TREASURE VALLEY WALT W. MORROW, President A Good Place to Live RONALD R.TOLSMA CITY OF MERIDIA.N~ ~ GLENN R. BENTLEYEE 33 EAST IDAHO v a 7 rnMAAI5S10N MERIDIAN, IDAHO 83642 . Phone (208) 888-'1433' FAX (208) 887-4813 JIM JOHNSON, Chairman GREG OSLUND Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY Molot VehiclelDrivers Liaase (208) 868-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE Mayor TRANSMITTAL TO AGENCIES FOR CIOTMYMENhT~S O~NIDEN LOPMENT PROJECTS WITH THE C 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/Zl/97 HEARING DATE: 6/1.0/97 .. ., REQUEST: Prelimina YIaI TOr Levuu r,a~.c ~.-~--•-- --- - Chateau between Sunn brook Farm and Sunbu t Subdivision BY: D. .Inc. LOCATION OF PROPERTY OR PROJECT: E 1/ f the W 1/4 of Section 2 T.3N. RI W Boise Meridian Ada Coun JIlvI JOHNSON, P/Z -~ MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z _ KEITH BORUP, P/Z BOB CORRIE, MAYOR tONALD TOLSMA, C/C _ CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT ^BUILDINC} DEPARTMENT MERIDIAN SCHOOL DISTRICT Poet-1t° Fax Note 7671 `Date AI ~Pages- 1 ~t To L1rTY OF mGJ2rD/Rry (From !'yyt -tD/1•I-t$ 1 Phone # Phone # 3 Z Z - 7iD~ 858- 33 ~/ Fax # `~S -~ - ~$ I j Fax # 3 $$ _ rv9 Z`r' BUREAU OF RECLAMATION (PRELIM. & FINAL PI.A CITY FILES OTHER: . n ~ ,:1 v~rm r+nwT~T017DCT~tAAYC• We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. ~~ ~~j ~ Tim Adams ~ d °f ° Idaho Power 322-2047 JUN 04 '97 09 53 PAGE.01 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 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUN I MEMB P~ WALT W. MORROW. Pres~ae.^.t RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & 2 GOMMIS- ION 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: WiII Berg, City Clerk by: June 3. 1997 TRANSMITTAL DATE: 5121/97 HEARING DATE: 6/10/97 REQUEST: Preliminary Plat for Devlin Place Subdivision N of Cherry Lane. South of Chateau between Sunnybrook Farms and Sunburst Subdivision BY: D.W. Inc. LOCATION OF PROPERTY OR PROJECT: E 1/2 of the SW I/4 of Section 2, T.3N. R1 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 IlZRIGATION 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 r.Lr p~ • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN ~ ~ ~ J-U-B ENGINEERS, Inc. y ~~ • ~ • ~ , ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 208-376-7330 FAX: 208-323-9336 June 16, .1997 ~~~~ Mr. Will Berg, City Clerk ~ ~ ~'~ ~ ~ ~9~7 City of Meridian 33 East Idaho Street ®~ ~~A~ Meridian, ID 83642 Transmitted Via Fax to Will Berg & Shari Stiles: 887-4813 Transmitted Via Fax to Bruce Freckleton: 887-1297 and by mail Dear Mr. Berg:' RE: DEVLIN PLACE SUBDIVISION (D.W., Inc.) -Preliminary Plat We have received a Memorandum dated June 13, 1997, from Bruce Freckleton, Assistant to City Engineer, and Shari Stiles, Planning and Zoning Administrator, identifying their general and site specific comments concerning the above-referenced application to be heard by the Meridian Planning Et Zoning Commission on June 18, 1997. We wish to make a response to each of the items discussed in that memorandum. Our response is arranged in the same order and format as the above-mentioned memorandum: GENERAL COMMENTS: 1. The Engineering Concept Plan, Sheet 2 of the Preliminary Plat, shows piping of one drainage ditch along the west property boundary. NMID has jurisdiction over this waste ditch and will receive plans for review. Also, a small portion of the Rutledge Lateral will be piped at the southwest corner of the site. Again, NMID will review these plans once prepared. 2. Any existing wells and septic tanks will be removed from service that may be situated on the property. However, there are no known wells or septic tanks on this parcel 3. A soils profile has been prepared this past irrigation season. This information was gathered by STRATA, and their recommendations wilt be submitted to the City with the plat and plans. 4. Five-foot sidewalks are planned for this development as shown on the Conceptual Engineering Plan, Sheet 2. 5. The Ada County. Street Name Committee approval letter is included with this correspondence. 6. The fire hydrant placements are shown on the Engineering Concept Plan. We hereby request that the City Water Works Superintendent review these placements and comment on their positions. 7. There are no known flood plain areas on this site in accordance with FEMA mapping. 8. This letter shall act as our response to the City Staff's General and Site Specific Comments. ~~~-u-B~ -J Mr. Will Berg, City Clerk Engineers Surveyors Planners June 16, 1997 Page 2 SITE SPECIFIC COMMENTS: 1. The Engineering Concept plan shows the proposed sanitary sewer line connection at the NE corner of the development in Chateau Drive. The developer hereby requests that the City notify him immediately if there is a lack of wastewater treatment plant capacity for this development. Main-line sizing shall be 8" throughout with the sewer mains situated in the south and west corridors as shown on the Concept Plan. However, due to the shallow depth of the connecting sewer, we hereby request that the City Public Works Department approve a minimum main line slope of 0.30% in lieu of the standard 0.40%. 2. The Engineering Concept plan shows the proposed waterline connections at multiple locations of the development. The developer hereby requests that the City notify him immediately if there is a lack of domestic and fire water capacity for this development. the main line sizing is shown on the Concept plan. We hereby request that the City staff review these sizes for compliance with their requirements. All waterlines are shown on said Concept Plan to be situated within the north and east corridors. 3. A dimensioned setback sketch for Lot 7 of Block 4 is included for your review. 4. Streetlights are shown on the Conceptual Engineering Plan, Sheet 2. We hereby request that the Public Works Department review said locations and make any modifications as may be required. 5. This property does not include afive-acre park. The park you refer to is the one that was supposed to be dedicated by the owners of the Meridian Assisted Living Project. Therefore, the City should make arrangements with Prestige Homes for this item. The construction of Chateau Drive will be completed within Devlin Place Subdivision. The Conceptual Engineering Plan, Sheet 2, shows this along with the five-foot wide sidewalks. 6. A chain link fence is planned along the west boundary of this subdivision. 7. ACHD has recommended that a pedestrian access be provided along the western boundary of this development. In addition, ACHD does not require the construction of a stub street to the west. 8. Note 4 will be amended to clarify the easement requirements. The preliminary plat will be revised and submitted for Council review. Please review the enclosed information. If you require additional information, please call. Sincerely, J-U-B ENG EERS, Inc. Gary .Lee, P.E./L.S. Project Manager GAL:Ihc Enclosures cc: Dan Wood, D.W., Inc. f:\proj ects\11298\admin\cityltr2.doc .-~,-~ _:iglreers ___ .^~ i ',~ SU~IVISION EVAL ATI ~~. ~ - '~ U ON ~EETi - ~r, f ~' _., __ ',- Proposed Development Name DEVLIN PLACE City Meridian -" " '_ "~-• I-~-• v ... ~ .i ._.. - J . 1 ~ jai Date Reviewed 06/05/97 Preliminary Stage ~ Final Engineer/Developer J.U.B. Enyr. /Dan Wood 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. The following existing-street names shall agQear on the olat• - "W CHERRY LANE" - "W HI i1N ST" "fV MAN O' WAR AVE ' - "W ANDIGE GT " 'W SANDALWOOD DR "• "W KRISTEN CT" .~ C llll YJ " " r " .~ r ~ ' - "W MSTONE DR " "N TEN MILE ROAD" 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 of8aaly approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date ~O ~~_ ~~ Ada Planning Assoc. Ann Hurley ,~ ,,~1 Date City of Meridian Representative ~~i~~C ~t 1~Cc~i~ Date~P~.s 9? Fire District Meridian Representative Date NOTE: A copy of this evaluatbn sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed Ill! Sub Index Street Index 3N 1 W 2 Section 81~ / NUMBERING OF LOTS AND BLOCKS~~ ~ ~~~/,D Ni~.,~s ~ ~~ . ~ ~~¢(~~ TR~SUBSISM CITY.FRM 0 4 • • U O 5 ~ m 6 W. KRISTEN 72' i ~O CT. DRAINAGE LOT c- ~ g o~ ~~ ~ , .~ N ~~ ~l~~ 7 0' 20, 35.03' , 15 ,~ 70 ~ ~~ o ~~~ ~ ~~ ~ ~3~~ 5 ~~ 6' ~ / g / ~ BUILDING ENVELOPE ~ ~ Q o I 4331 S. F. ~~ / ~ W. S -- o `~ DR. o C , , d- ~'~ ~ J-U-B ENG~ERS, Inc. 250 S. Beechwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/3 76-73 3 0 FAX: 208/323-9336 To : City of Meridian Attention: Will Berg 33 E. Idaho St. Meridian. ID 83642 L~ER OF TRANSMITTAL DATE : 6/25/97 Project No. 11298 PROJECT NAME: Devlin PIaCe SUbdIVISIOn PROJECT MANAGER: Gary A. Lee, P.E.\L.S. JUN 161997 SUBJECT: Preliminary Plat RECEIVED GENTLEMEN: We are sending you the following items: ®ATTACHED ^ UNDER SEPARATE COVER via ^ SHOP DRAWINGS ^ PLANS ^ PRINTS ^ SAMPLES ^ SPECIFICATIONS ^ COPY OF LETTER ^ Ci~TALOG SHEETS ^ CHANGE ORDER ^ COPIES DATE or No. DESCRIPTION 10 Blueprints -Devlin Place Sub., Preliminary Plat THESE ARE TRANSMITTED AS CHECKED BELOW: ^ FOR APPROVAL ^ AS REQUESTED ^ FOR YOUR USE ^ FOR REVIEW AND COMMENT ^ FORBIDS DUE , 1995 ~.. ^ FOR SIGNATURE ^ RETURNED FOR CORRECTIONS ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. ~.J-U-IB,ENGINEERS, _InC.L _ COPY FOR SIGNED: X1'1 CN~-~- ~rL~4~ Gary A. Lee RECEIVED BY: DATE: PLEASE SIGN, DATE, AND RETURN COPY TO J-U-B A Meridian Planning & Zc~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. Meridian Planning & Zo~g Commission • Special Meeting June 18, 1997 Page 34 Gary Lee, 250 S. Beechwood, Boise, was sworn by the City Attorney. Lee: As stated in the application D.W. Inc. is applying for a preliminary plat for Devlin Place Subdivision. We are proposing 39 single family residential lots and three common lots. The size of the lots will range from 8,000 to 10,000 square feet. Approximately 12.2 acres of property, it is currently zoned R-4 and was annexed previously. That yields a density of about 3.2 per acre. The property as it is situated now is surrounded by mainly R-4 zoning. There is a piece of RT Ada County zoning to the west. On all of our boundaries it is R-4 zone. The existing land uses are single family residential uses and R-4 zoning as well. With the exception of the recently approved Meridian assisted housing project that is situated along the south boundary of Devlin Place subdivision. As you recall the application on that Meridian assisted housing was for conditional use permit. I don't recall the exact date that it was approved but it was within the last 6 months. Part of that application and at least in the documents that I had a chance to look at included a conceptual idea for this development. Also it had shown a parcel north of Chateau Drive to be a future city park of roughly 5 acres. The particular .sketch you are looking at is basically the same, we have taken the architects rendering and adjusted it to the fit the current City of Meridian zoning ordinances for R-4. There is a piece of farm land in that Ada County zoning to the west, that is still in agricultural production. Services are surrounding this particular piece of ground. Transportation is provided by access to Chateau Drive which is an east west collector street. There are two residential street connections on the east boundary that go into Sunnybrook Farms. There will be one residential connection to the south that will go through the Meridian assisted housing project and connect to Gemstone as was a requirement by that previous CUP. Water and waste water are of course available at these locations and will be extended to this project and looped where required. There will be a pressurized irrigation system. At this point we are entertaining that it be a system owned and operated by Nampa Meridian Irrigation District. It is our desire, although the details haven't been worked out to build the system to provide water to this development as well as Meridian Assisted Living project. There are two common lots within the development that we have identified as storm water retention or detention swales. I don't recall the exact lot numbers but there is one that is right at the northwest corner on Chateau Drive that after discussions with Dan Woods the developer we would like to approach the City and will bring this up with City Council and the Mayor of possibly moving that storm water system across the road into the City Park. At the same time maybe construct some play ground equipment or volleyball court or maybe a basketball court or some such thing that the City can have some benefit in that park. And the developer could in exchange have another sellable lot. At this point though the application was that was just going to be a storm water swale, but we will approach the City on that aspect. There is an existing waste ditch along the westerly boundary. Initially we thought we would just show it as an easement to provide piping of that ditch for Nampa Meridian. After our discussions with the highway district they suggested that maybe that be a double use and be used as a pathway as well. If your read their staff Meridian Planning & Zo~g Commission • Special Meeting June 18, 1997 Page 35 report they recommended that to the developer for this project. There is a small portion of the Rutledge Irrigation lateral that currently traverses along the west boundary of the Meridian assisted living which this project will extend a few feet to connect to an existing pipe that goes along, I believe that is Sunburst No. 4. If the Commission has any questions I would be glad to entertain those at this point. Johnson: Thank you Mr. Lee, any questions for the engineer? Borup: I have a couple, Chateau Drive, ACHD is talking about a 66 foot right of way, is that an adjustment that needs to be made on the plat? Lee: I met with the Highway District at the tech review and it is 66 feet at the easterly boundary and it is 66 feet at the westerly boundary at the two points of existing roadway. What we have agreed to do is there be a taper off that east side from 66 to 60 and then continue the 60 foot right of way onto the west. It will be a short taper of about 100 feet. Same with the roadway width, it will taper from 49 to 41 feet. Borup: Just for my education, that was one question I had. They were talking about increasing the right of way a disproportional distance then the road improvement. Do you know the reason for that? Lee: You mean the 66 and 49 feet? Borup: Yes; rather than 60 and 37. I think it is 50 and 37 and then they were talking Lee: All 50 foot right of ways are 37 foot streets: For some reason in Sunnybrook N0. 4 or 5 whichever one created Chateau Drive on the east side was created with a 66 foot right of way and a 49 foot street. Which is probably during a phase prior to the current (inaudible) Borup: That was not their current policy then? That is what had me confused, I was curious on what it was different. In reference I think the Fire department made reference to the turnaround down on the- street to the south, now will that street, is this development going to be going on at the same time as the other project to the south there? Lee: I don't know if I can answer that, I don't know for sure the construction schedule of the Meridian assisted living project. Borup: My question was if that project is in that street continues on through there, is that correct? So a turnaround would not be necessary if the other is developed but. Lee: If the timing is such. If for some reason it lags behind we will have to work some kind of deal with him to put in a temporary turn around. Meridian Planning & Zo~g Commission • Special Meeting June 18, 1997 Page 36 Borup: The two lots on Chateau, Lot 2 and 3 that were going to have the cross access drive, were there going to be some more detailed notes on the plat with reference to that. Lee: There will be, there will be some notes concerning access to Chateau and it will also include specific verbiage on lots 2 and 3. Borup: Well just knowing those builders we need a lot notes then what is on there now. Something like that can get overlooked real easy. Lee: I can see that, in fact I think that is one of the requirements on ACHD staff recommendations to be noted. Borup: Yes it was but it didn't say to what detail. Between Lot 12 and 13 is that and easement line, a path access? Lee: It started out as an easement line from over flow from that drainage lot across the street. And as you see on ACRD staff recommendations they have recommended a pathway there as well. Which we can accommodate them by adjusting that lot line somewhat and still meet the minimum frontage. Borup: Then the other big question I would have on the pathway is it is still under Nampa Meridian's jurisdiction isn't it? Lee: Well they claim rights to an easement there. Borup: Are they going to allow that (inaudible) Lee: We are going to pipe it which should make it a lot easier for them. That is one item we do need to get solidified with Nampa Meridian, we think we can through a previous conversation. Borup: That is all the questions I have Mr. Chairman. Smith: I am confused about this dedication of the park, could you clarify that? Lee: Well what I have read about the conditional use permit when Prestige Homes came in, see they owned all of this property in the beginning and still do. With their application to the City one of the conditions was that they dedicate a park north of Chateau Drive along with some other things building Chateau Drive and making this access on Gemstone. So under that conditional use permit and their agreement with the City they will be taking care of that item north of Chateau. That was one of the items Meridian Planning & Z~g Commission • Special Meeting June 18, 1997 Page 37 that staff had mentioned and in my response to them I pointed that out that it was part of another agreement. Smith; I just wanted to make sure that there wasn't some kind of a joint dedication or something along those lines. Thank you Johnson: Thank you very much, anyone from the public that would like to comment on this application? Sue Sheehan, 2541 W. Chateau Drive, Meridian, was sworn by the City Attorney. Sheehan: Well I just have a few questions for this. I am the President of our homeowners association of Sunnybrook Farms. One of my main concerns and always has been, we have been here before. This is a subdivision they are wanting to put in, they have their own name however they do not have their own entrance. There was an entrance made on Cherry Lane the last time we came because it was proven the surrounding subdivisions we all have our own names, we have our entrances and we take care of those. They have to access from either Sunnybrook, Sunburst and it sounds like now Gemstone. We don't feel it is right that if they are a subdivision we don't feel it is right that they don't have their own entrance. We have association fees that we pay yearly, are fees are $50 a year. We pay these fees to maintain the park that we have that is our little neighborhood park that is a 3.5 acre park that is right where they are doing this, right across the street and to maintain the frontage. It takes a lot to maintain these and our association dues that we are paying right now for 124 homes the $50 isn't making it. Because it costs so much to maintain these things. We don't feel it is right if somebody is going to come into our subdivision we have a really bad problem right now. They are going to open up Chateau when they do this. Right now one of Meridian's officers came to our home the other day, he was parked trying to catch speeding cars. We have a real problem with this, a tot of little kids play at this park, a lot of little kids are going back and forth across the street to get to this park. He said you know you people really have a problem, he said I think you need to go and talk to somebody about speed bumps around here. You have people starting down her eon chateau and they are speeding so fast down here that he was doing a chase that particular day when he stopped to talk to us. He was chasing a car that was going so fast. We get this all of the time. Well we don't need for cars in there endangering the lives of the kids in the park. Where he is talking is right butted up against our park. I am going further, I understand that I have to go to ACHD if you know anything different please tell me. I am going to try and see about having some speed bumps put in. But we feel like if somebody is going to use our entrance and our park they should pay our association fees. We have to pay them and it is not working very good because they aren't going around because we are getting so many people that are abusing our park. We pay for signs, we do things nice to our park, put up equipment. All of these people moving around us are tearing it down. The other thing, I can get a lot of signatures, I don't know if that helps, I noticed one lady had them. There are hundreds of Meridian Planning & Z~g Commission • Special Meeting June 18, 1997 Page 38 homeowners that agree with me on this. Not just from Sunnybrook but also from Sunburst that on this entrance thing and more cars coming into our subdivision. So I can check with you on that too. The other thing I wold like to know more about this dedication of the park. We had heard, I know they need a million dollars to develop that back part and that is why nobody wants to develop it. We know that they were going to donate that and possibly run it in with our park. If that is going to happen then we would like to hear about that. We do have that park it is ours, it is Sunnybrook's park. So we would really like to hear about that. Then I have another question and that is the schools. Right now as you know we have a problem here with the schools Right now it ends right at the street where he is talking about opening it up. It ends at Chateau right past Todd that select subdivision can go to .Linder and the other one is being booted out. What district is this one going to be in? I think that is all the questions I have right now. Johnson: Thank you very much. Borup: I have a comment, just a question for the person that just testified. At some previous application someone had make a statement that the association (End of Tape) statement that the association would rather tum the park over to the City. Sheehan: I said that we would be interested in talking about it. We have never been contacted. Borup: I shouldn't be speaking for the City but I know one of the problems on maintain is maintaining small parks. I think maybe the adding the 5 acres to your park would get it up to a size that makes more feasible for the City. Sheehan: We would be willing to discuss that. Borup: And just a general comment, you are talking about the traffic through the subdivision which is kind of more of an infill but there are four entrance exists out of this subdivision which gives it four areas for the traffic to disperse rather than all down Chateau. Sheehan:. Well my main thing that I said before is we have to pay for the entrance though, the upkeep all of that. We do have our own entrance. Borup: You might realize also that the streets are maintained by ACHD so it is their roads not a subdivisions roads. Sheehan: I realize that, but I think it is only fair. Every subdivision that is their except for this one, this will be the only one every one that is there does have their own main entrance and everyone that is there does pay to have that entrance maintained. It comes out of the people who live there in the association. Meridian Planning & Zd~g Commission Special Meeting June 18, 1997 Page 39 MacCoy: You asked the question on the schools and the report says that it will service Linder, Meridian Middle and Meridian High School are the three schools (inaudible). Sheehan: Thank you Johnson: Is there anyone else that would like to make any comments at this time? Seeing no one then I will close the public hearing at this time. This is also a preliminary plat. Smith: Mr. Chairman, I would like to make a motion to approve this preliminary plat and forward it onto City Council. MacCoy: Second Johnson: Motion and a second to approve the plat as a recommendation to the City Council. All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-4 BY MERIDIAN LAND DEVELOPMENT CO.: Johnson: At this time 1 will open the public hearing and invite the applicant or his representative to address the Commission. Charles Eddy, PLS, 290 N. Maple Grove, Boise, was sworn by the City Attorney. Eddy: I represent Meridian Land Development Co. for this annexation and zoning request of 28.38 acres located at addresses 2630 and 2930 West Pine. That is in NE '/4 of the NW'/4 of Section 11, T.3N, R.1W, Boise Meridian, Ada County, Idaho. These parcels for as long as I can remember have been in agricultural uses. The parcel to the north is currently zoned R-4 with Haven Cove No. 4 Subdivision. The parcels to the east are Haven Cove No. 6 and No. 5 also zoned R-4. The parcels to the southwest are currently zoned RT and are agricultural uses. We are requesting annexation and zone change of R-4 and R-15. The R-15 would be approximately 3.04 acres at the Southwestern portion of the property. There is the Eight Mile Lateral Canal which bisects the property from a SE to a northwesterly direction and splits off this 3.04 acres and (inaudible). What we are proposing is 80% of the development to be single family residential and 20% of the development to be town homes. Single family residential would contain public streets with 50 foot right of ways and 37 feet back to back curb improvements. 3.04 acres of R-15 zone would be town homes with private street to be • MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 18 1997 APPLICANT: D.W. Inc. AGENDA ITEM NUMBER:_~_ REQUEST: PRELIMINARY PLAT FOR DEVLIN PLACE SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: 8EE ATTACHED COMMENT8 NAMPA MERIDIAN IRRIGATION: 8EE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST; INTERMOUNTAIN GAS: c~ f ~ re~ ~ ~' c ~~ BUREAU OF RECLAMATION: OTHER: AEI Materials presented at pubNc meetings shall become property of the City of Meridian. • • ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Devlin Place Subdivision e/o--Ten Mile Rd n/o Cherry Lane Devlin Place is a 39=1ot residential subdivision on 12.22-acres. The site is located approximately 700-feet north of Cherry Lane and 1000-feet east of Ten Mile Road, between Sunburst Subdivision No. 4 and Sunnybrook Farms Subdivision No's 2 and 4. This development is estimated to generate 390 total additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Chateau Drive Gemstone Drive Todd Way Cherry Lane ACRD Commission Date -June 11, 1997 - 7:00 p.m. DEVLIN PLACE SUBDIVISION HaNirr ~~ N.T.S. Facts and Findings: A. General Information Owner - D. W.-Inc. Applicant -Same R-4 -Existing zoning 12.22 -Acres 39 -Proposed building lots 2,600 -Total lineal feet of proposed public streets 261 -Traffic Analysis Zone (TAZ) West Ada -Impact' Fee Benefit Zone Western Cities =.Impact Fee Assessment District (__h_errv Lane Principal arterial-:with bike route designation Traffic count 7;906 on 9/ 11 /95 0-feet of frontage Cherry Lane is improved with a 5-lane street section with curb, gutter and sidewalk. Chateau Drive Collector street with bike lane designation No traffic count available 410-feet of frontage 66-feet existing right-of--way (33-feet from centerline) to the east 60-feet existing right-of--way (30-feet from centerline) to the west 60 to 66-feet of right-of-way is required for the extension Chateau Drive is improved with 49-feet of pavement to the east of the site with curb, gutter and 5-foot wide concrete sidewalk. To the west of the site, Chateau Drive is improved with 32-feet of pavement with curb, gutter and sidewalk on the north side only. Todd Way Janell Street Local streets with no pathway designation No traffic counts available 50-feet of frontage 50-feet existing right-of-way (25-feet from centerline) . 50-feet of right-of-way for the extension Todd Way and Janell Street are improved with a 36-foot street section with curb, gutter and sidewalk. DEVLIN.COM Page 2 ^\ KthR[-i•[ +ni OMr01 '11M1109 rov 'IMIOta71 - - _._ _..ry ~~'', a ~ i /~ ^•ttt-ut-Nt anarr My ..Mt 'a M l 'L MOtl~ii Yit Mi ' w-~o aw. 'ir arl /arwwivw °F .6 }~S3 :~, s•' ~ 1? ~ x•o.. •eo..u~ ww[ v ~:8~,...~.:.~ .r,.. ~~,~ n~j,:; ci~~tl~Ql~~~ 3~i~ b ~ 'wl 'Ctl~iW19N3 FTf rOwNto~nt iavw wl•i0 elon•vn-ar~[enA I~EI3~~Y~ s 4' ~ ~ e i t i t~ E A a _ = jS~ e Y ~ Fa f F } ' ~, . . ~~ t 1( t i.# j`; ~. 1 it + •~ t! ~:, t 111 {!~ { t~; f~ ~'f ;~i~ls t it ~ {~ t~ 1Ff ~j ~t~ {~ji E O 3~b flt 11~ s~t~Z~ ~~1t i Z- y rt {, ~EE{ i. S + it si t~ ~~ ~' ~3 e ~r :~i !f tti Ii 0 [ !~ ~t[ '~( 1~ ~j i ~t T1 t IF ~F Ft / j~- tt if i=5 t~~ a~ .t .t ~# ?~ ~~1 ~j It; I~ ~) {f i~ ;1 ~;1 f~! , ,I _ . a s o - 2 ~ ~ - Z ~ ~ ~ ~ ~~ z 'ow swam aooaeluNns /off,' ~~~°i o~_~~ i7 ~ ~ I~ ~ •6i ~ ~~ I (i d W it i i) - ! o ~ ~ . ~ . , a ` 1 YY r tooii ~ t - u: i~b e .. . . . ., ..,.:::. ... ~. 3 t..~,.. -------rttert-------; x~-i = =T =- ~ A ~ ~ ~ Irl ~ ~~' 6 ~I s I I a 1 1 ~ ' ~ ~ LM ~8ns 1SanBNns y a ~- Y A4 )rw M11 w )~" .r ~ o 3 {~ ~~: • Gemstone Drive/Higan Street Local street with no pathway designation No traffic count available 50-feet of frontage 50-feet existing right-of-way (25-feet from centerline) 50-feet of right-of--way for the extension The existing Gemstone Drive is improved with a 37-foot street section with curb, gutter and sidewalk. Gemstone Drive has not yet been constructed to the site. On January 15, 1997, the Commission reviewed and approved MCU-30-96/MRZ-3-96, an assisted living facility/retirement complex. The applicant of the assisted living facility/retirement complex was required to extend Gemstone Drive, as a 37-foot street section with curb, gutter..and. sidewalk within 50'-feet of right-of-way, to their northwest boundary (the subject applicant's southwest boundary) B. Utility street cuts in new pavement less than five years old is not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. C. The applicant is proposing to construct two turnarounds within the subdivision, one at the terminus of Kandice Court and another at the terminus of Kristen Court. Both of the turnarounds have a 50-foot radius. District policy requires that turnarounds have a minimum of a 45-foot°radius. The proposed turnarounds meet District policy. D. The applicant is proposing four street connections within the proposed subdivision: The first is Chateau Drive extended along the north boundary of the site. District staff supports the extension of Chateau Drive. The applicant should construct the extension of Chateau Drive as a 49-foot street section with curb, gutter and 5-foot wide concrete sidewalks within 66-feet of right-of--way. The applicant will be required to taper Chateau Drive from a 49-foot street section to a 41-foot street section to the west. Coordinate the transition of Chateau Drive with District staff. The second street extension is Janell Street on the eastern boundary, approximately 280-feet south of the north property line. District staff supports the extension of Janell Street. The third street extension is Sandalwood Drive from the east, approximately 760-feet south of the north property line. District staff supports the extension of Sandalwood Drive . The fourth street extension is Higan Street at the southwest corner of the site. District staff supports the extension of Higan Street. DEVLIN.COM Page 3 E. In accordance with District policy the applicant should'be required to construct. all internal streets (unless otherwise specified) within the proposed subdivision as 37-foot>street sections with curb, gutter, and 5-foot wide concrete sidewalks. F. Chateau Drive- is a collector street. Normally the District: does not allow direct lot access to collector streets. However, the existing stub streets of Chateau Drive and Janell Street make it difficult to avoid fronting two lots on Chateau Drive. The applicant is proposing a loop driveway for Lots 2 and 3, Block 3, that would eliminate vehicles backing onto Chateau Drive. District staff recommends that the applicant is allowed to front housing on Chateau Drive for Lots 2 and 3, Block 3, gr~Y., provided a loop driveway is constructed or a paved on-site turnaround is provided for the. above mentiozted lots. Other than Lots 2 and 3, Block 3, direct lot access to Chateau Drive should be prohibited. Lot access restriction slwuld be.. noted on the final plat. G. There is an irrigationditch bordering the site to the west. The applicant is not proposing any stub streets to the west. However, the applicant is proposing a pedestrian pathway between Lots 12 and 13, Block 2, of the proposed subdivision. District staff supports the design of the subdivision'' with no stub streets to the west provided the applicant constructs a pedestrian pathway along the irrigation ditch the entire length of the site (from the south boundary to Chateau Drive). A pedestrian pathway along the west boundary of the site will enhance intra neighborhood connectivity. Coordinate the design and location of the pedestrian pathway with District staff. H. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: Construct two ACRD approved turnarounds, one at the terminus of Kandice Court and another at the terminus of Kristen Court. Submit a design of the turnaround for review and approval by District staff. 2. Construct all internal streets (unless otherwise specified) within the proposed subdivision as 37-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks. DEVLIN.COM Page 4 • • 3. Construct four street extensions within the proposed: subdivision: • Construct the extension of Chateau Drive f from the northeast boundary of the site to the northwest as a 49-foot street section with_curb, gutter and 5-foot wide concrete sidewalks within 66-feet of right-of-way. Taper Chateau Drive from a 49-foot street section to a 41-foot street section to the west. Coordinate the~transition of Chateau Drive with District staff. Construct the extension of Janell Street on the eastern boundary approximately 28fl= feet south of the north property line. Construct the extension of Sandalwood Drive, located approximately 760-feet south of the north property line. Construct the extension is Higan Street at the southwest corner of the site. 4. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel 5. Provide a pedestrian pathway between Lots 12 and 13, Block 2, along the western boundary the entire length of the subdivision bordering. Coordinate the design of the pedestrian pathways with District staff. 6. Provide a paved loop driveway on Chateau Drive for Lots 2 and 3, Block 3. Coordinate the design of the driveway with District staff. 7. Other than Lots 2 and 3, Block 3, direct lot or parcel access to Chateau Drive is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Development Services Supervisor. The reauest shall specifically identify each reauirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written r~cluest shall be submitted to the District no ater t an a m on a av sc e u e or ACHD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. DEVLIN.COM Page 5 • • 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration hall ~ecifically identify each requirement to be reconsidered. and include written documentation of data that was-not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and. time. of the :Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as-Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and`approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. DEVLIN.COM Page 6 • Conclusion of Law: 1. ACHD requirements are intended to assure that the: proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or commerrts, please contact the Development Services Division at 345-7662. Submitted by Development Services Staff Date of ommission Action• DEVLIN.COM Page 7 06/16/97 15:30 ~,i u June 16, 1997 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 J-U-B ENG. BOISE ~~~~ J ~ ~! 1 6 1997 t~'TY OF I~ER1~1A~1 !~ 001/004 J-~J-B ENGINEERS, Inc. ENGINEERS • SURVEYQRS • PLANNERS 250 South Beachwood Avenue, Suite 201 Boise, Idaho 83708.0944 .208-376-7930 FAX: 20H~23-9336 Transmitted Via Fax to Will Berk li Shari Stiles: 887-4813 Transmitted Via Fax to Bruce Freckleton: 887-1297 and by mail Dear Mr. Berg: RE: DEVLIN PLACE SUBDIVISION (D.W., Inc.) -Preliminary Plat We have received a Memorandum dated June 13, 1997, from Bruce Freckleton, Assistant to City Engineer, and Shari Stiles, Planning and Zoning Administrator, identifying their general and site specific comments concerning the above-referenced application to be heard by the Meridian Planning ft Zoning Commission on June 18, 1997. We wish to make a response to each of the items discussed in that memorandum. Our response is arranged in the same order and format as the above•mentioned memorandum: ' GENERAL COMMENTS: 1. The Engineering Concept Plan, Sheet 2 of the Preliminary Plat, shows piping of one drainage ditch along the west property boundary. NMID has jurisdiction over this waste ditch and will receive plans for review. Also, a small portion of the Rutledge Lateral will be piped at the southwest comer of the site. Again, NMID will review these plans once prepared. 2. Any existing wells and~septic tanks will be removed from service that may be situated on the property. However, there are no known wells or septic tanks on this parcel. 3. A soils profile has,been prepared this past irrigation season. This information was gathered by STRATA, and their recommendations will be submitted to the City with the plat and plans. 4. Five-foot sidewalks are planned for this development as shown on the Conceptual Engineering Plan, Sheet 2. 5. The Ada County Street Name Committee approval letter is included with this correspondence. 6. The fire hydrant placements are shown on the Engineering Concept Plan. We hereby request that the City Water Works Superintendent review these placements and comment on their positions. 7. There are no known flood plain areas on this site in accordance with FEMA mapping. ' 8. This letter shall act as our response to the City Staff's General and Site Specific Comments. JUN 16 '97 15 33 208 323 9336 PAGE.01 '$208 323 9336 06/16/97 15:30 ~~ . ~.,-u~. Engineers Surveyors $208 323 9336 • Planners SITE SPECIFIC COMMENTS: J-U-B ENG. BOISE f~002/004 Mr. Will Berg, City Clerk June 16, 1997 Page 2 1. The Engineering Concept plan shows the proposed sanitary sewer line connection at the NE corner of the development in Chateau Drive. The developer hereby requests that the City notify him immediately if there is a lack of wastewater treatment .plant capacity for this development. Main-line sizing shall be 8" throughout with the sewer mains situated in the south and west corridors as shown on the Concept Plan. However, due to the shallow depth of the connecting sewer, we hereby request that the City Public works Department approve a minimum main line slope of 0.30% in lieu of the standard 0.4096. 2. The Engineering Concept plan shows the proposed waterline connections at multiple locations of the development. The developer hereby requests that the City notify him immediately if there is a lack of domestic and fire water capacity for this development.. The main line sizing: is shown on the Concept plan. We hereby request that the City staff review these sizes for compliance with their requirements. All waterlines are shown on said Concept Plan to be situated within the north and east Corridors. 3. A dimensioned setback sketch for Lot 7 of Block 4 is included for your review, 4. Streetlights are shown on the Conceptual Engineering Plan, Sheet Z. We hereby request that the Public Works Department review said locations and make any modifications as may be required. 5. This property does not include afive-acre park. The park you refer to is the one that was supposed to be dedicated by the owners of the Meridian Assisted Living Project. Therefore, the City should make arrangements with Prestige Homes for this item. The construction of Chateau Drive will be completed .within Devlin Place Subdivision. The Conceptual Engineering Plan, Sheet 2, shows this along with the five-foot wide sidewalks. 6. A chain link fence is planned along the west boundary of this subdivision. 7. ACRD has recommended that a pedestrian access be provided along the western boundary of this development. In addition, ACRD does not require the construction of a stub street to the west. 8. Note 4 will be amended to clarify the easement requirements. The preliminary plat will be revised and submitted for Council review. Please review the enclosed information. If you require additional information, please call. Sincerely, J-U-B ENG EERS, Inc. .l,C__r- Gary .Lee, P.E. /L.S. Project Manager GALahc Enclosures cc: Dan Wood, D.W., Inc. f: \projects111298\admin\cityltr2. dx JUN 16 '9? 15 34 208 323 9336 PAGE.02 • 16/97 15:31 $208 32~ 9336 J-U-B ENG. BOISE i ..-.. SUBDIVISION EVALUATION SHEET r Proposed Development Name ~EVLIN PLACE City, (71003/004 r.~~ r 1 ^ 1 r..~ I~~ ..r ..-'.~ ?„ I / i 11 ~~~___ ~i ~,..~~.... .v,-s1.1 Date Reviewed 06/05/97 Preliminary Stage ~_ Final Engineer/Developer J.U. B, Engr. /Dan Wood 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 tha Boisa Cily Street Name Ordinance. TheThe follow.i~t~ci existing street names shall appear on the plat, • H RY NE" "W. HIGAhJ ST'" "N MAN O' WAR AVE " °W NDICE CT " - °W SANDA WOOD DR "• "W KRISTEN CT" "N._J"EN MILE_ ROAD" The above street name comments have been read and approved by the foNowing agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee fn order for the street names to be offidaNy approved, ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester pate ~O ~/'7 Ada Planning Assoc Ann Hurley ~c, pa{e ~-~- City of Meridian Representative ~~x ~'! >~Cc.~~_~ Date ~ ~_ Fire District Meridian Representative Date NOTE: A Dopy d this evaluation sheet must be presented to the Ada County Engineer at the Hme of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index 3N 1 W 2 Section ,,8,11 NUMBERING OF LOTS AND BLOCKS ~~x ~ ~~~lJ~ IiJvw~~y5 ri, ~#-~ ~~~~r n~-suss~sM aTr.~M JUN 16 '97 15 34 208 323 9336 PAGE.03 06/16/9? 15:31 '8`208 323 9336 • o~ 4 5 W. KRISTEN ~?' 0 o CT. DRAINAGE LOT r~ g ~ ~° J-U-B ENG. BOISE • 0 U O ~ 6 m ~- @I o 0 .~ 4~ N ~~ ~~~ 7 0' 2~. 35.03' , i5~ ~ ~ ~o ~ Q ~~~ ~ 00 ~ BUILDING VELOP E ~ o EN °j ~ Q o 4331 S.F. 0 o W c `~ DR. o o , 4- 208 323 9336 PAGE.04 JUN 16 '97 15 34 ~ ~ NARRATIVE FOR DEVLIN PLACE SUBDIVISION To: City of Meridian Planning and Zoning Commission and City Council Prepared by: Gary A. Lee, P.E./L.S. J-U-6 ENGINEERS RE: DEVLIN PLACE SUBDIVISION J-U-B FILE NO.: 1 1298-01 DATE: May 9, 1997 SUMMARY OF REQUEST The applicant is seeking approval for Devlin Place Subdivision. The subdivision consists of 39 single-family residential lots, plus 3 common lots. The residential lots will range in size from 8,000 square feet and 10,000 square feet. The 12.22-acre (gross) property is located north of W. Cherry Lane Road between Sunburst and Sunny Brook Farms Subdivisions. It is described as a portion of the E 1 /2 of the SW 1 /4 of Section 2, Township 3 North, Range 1 West, City of Meridian, Ada County, Idaho. In addition, the parcel is currently situated within the Corporate City Limits of Meridian, Idaho. It is currently zoned R-4. GENERAL INFORMATION Applicant: Mr. Dan Wood D.W., Inc. 13141 W. Bluebonnet Court Boise, ID 83713 (2081 939-2626 • • Engineer: Gary A. Lee, P.E./L.S. J-U-B ENGINEERS, Inc. 250 South Beechwood Avenue, Suite 201 Boise, ID 83709-0944 376-7330 (Voice) 323-9336 (Fax) OWNERSHIP AND SIZE Owners: D.W., Inc. has an option to purchase said parcel Gross Plat Area: 12.22 Acres Density: 3.19 Lots per Acre EXISTING ZONING OF THE SUBJECT PROPERTY R-4 City of Meridian PROPOSED ZONING OF THE SUBJECT PROPERTY R-4 City of Meridian SURROUNDING ZONING AND LAND USE The zoning of the surrounding properties is a mixture of City and County Zones. R-4 zoning is situated to the South, East and West. The approved Meridian Assisted Housing Project is adjacent to the south boundary of Devlin Place Subdivision. Ada County zones exist that are RT to the West and North. Adjacent land uses include single family residential within the Sunburst and Sunny Brook Farms Subdivisions. A small piece of farmland is situated next to the western boundary. A future City park is situated north of Chateau Drive at the northern boundary of this proposed subdivision. (This park is to be dedicated as a condition of approval for the Meridian Assisted Housing C.U.P.) INTENDED USE OF THE PROPERTY The applicant intends to develop an R-4 Single Family Residential subdivision, which will meet current City of Meridian Ordinances. -z- • • SERVICES Transportation: Cherry Lane Road to the south and Chateau Drive to the North. Fire Protection: Meridian City and Rural Fire Protection District Water: City of Meridian Municipal Water Wastewater: City of Meridian Sewage Disposal Irrigation: Nampa-Meridian Irrigation District through a N.M.I.D. pressurized irrigation system School District: Meridian School District STATEMENT OF VARIANCE REQUESTS The applicant is not requesting any variances at this time. STATEMENT OF DEVELOPMENT FEATURES Easements and right-of-ways are being provided for and dedicated for public utilities, sewer, water, irrigation, drainage and roads. Three common lots are being planned. Two lots are to be multi-purpose lots, which will provide open space and storm water detention facilities. These lots will be landscaped and will include a pressurized irrigation system. The storm water will discharge into the Davis Drain at aPre-development rate. The owner will seek approval from the Nampa & Meridian Irrigation District for this discharge. A third common lot will exist along the western boundary and will act as an easement for the piping of the Davis Drain and be a shared public pedestrian pathway. This pathway will connect the future park to the existing developments to the south of this proposed subdivision. A pressurized irrigation system will be constructed along the Rutledge Lateral and be dedicated to the Nampa & Meridian Irrigation District for Operation and Maintenance. FEES SUBMITTED Preliminary Subdivision Plat Application 39-lot Subdivision - 5300.00 + (39 Lots X 510.00) = 5690.00 Mailings (Certified) - 51.42 X 69 Notices = 5 97.98 TOTAL SUB. AP. FEES = 5787.98 -3- i ~ rJ-U Mr. Will Berg Engineers Surveyors Planners May 9, 1997 Page 2 Also, per City requirements, on behalf of the developer, D.W., Inc., we wish to make a Statement of Compliance as follows: 1. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by Ada County Highway District and Meridian Ordinances. All sidewalks will be five (5) feet in width. 2. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. -This development will connect to City services. 4. This development will comply with City Ordinances. 5. This Final Plat will be in conformance with the approved Preliminary Plat. 6. The street names are as approved by the Ada County Street Name Committee and will not conflict with the City of Meridian grid system. Please review the enclosed information and schedule a Public Hearing for the next available Planning & Zoning Meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. L~ ,.~,~L.... ~~ Gary A. Lee, P.E./L.S. Project Manager GAL:Ihc Enclosures cc: D.W., Inc. f:\projects\11298\adm in\cityltrl. doc ~~ ~J~u Engineers Surveyors Planners Project: 11298 Date: May 8, 1997 LEGAL DESCRIPTION FOR DEVLIN PLACE SUBDIVISION A PORTION OF LAND WITHIN SECTION 2, T.3N., R.1W., I~RIDIAN, ADA COUNTY, IDAHO A portion of land within the E 1/2 of the SW 1/4 of Section 2, T.3N., R.1W., B.M., Meridian, Ada County, Idaho, more particularly as follows: Commencing at a found brass cap at the section corner common to Sections 2, 3, 10 and 11 of T.3N., R.1W., B.M., at the center line intersection of Ten Mile Road and Cherry Lane Road; thence Easterly along the center line of said Cherry Lane Road and the section line common to Sections 2 and 11, South 88°38'31" East 1,326.74 feet to the Southwest corner of said E 1/2 of the SW 1/4 of Section 2; thence leaving said center line and said section line along the Westerly boundary of said E 1/2 of the SW 1/4 North 00°17'24" East 887.01 feet to a point monumented with a set 5/8" rebar with cap P.E./L.S. 3260, said point being the REAL POINT OF BEGINNING; thence continuing along the Westerly boundary of said E 1/2 of the SW 1/4 North 00°17'24" East 1,257.14 feet to a point marking a non-tangent curve to the left, said point being monumented with a set 5/8" rebar with cap P.E./L.S. 3260; thence along said curve a distance of 97.43 feet, said curve having an inte rior~~ angle of 20°40'29", a radius of 270.00 feet and a long chord bearing of North 81 38 22 East 96.90 feet to tangent curve to the right, said point being monumented with a set 5/8" rebar with cap P.E./L.S. 3260; thence along said curve a distance of 115.12 feet, said curve having an interior angle of 19°59'16", a radius of 330.00 feet and a long chord bearing of North 80 17 46 East 114.54 feet to a point being monumented with a set 5/8" rebar with cap P.E./L.S. 3260; thence South 89°42'36" East 206.32 feet to a point being monumented with a set 5/8" rebar with cap P.E./L.S. 3260; thence along aline parallel with the Westerly boundary of said E 1/2 of the SW 1/4 South 00°17'24" West 1,293.26 feet to a point being monumented with a set 5/8" rebar with cap P.E./L.S. 3260; thence North 89°42'36" West 414.65 feet to the REAL POINT OF BEGINNING. Containing 12.23 acres, more or less. SUBJECT T0: All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: J-U-B ENG~I~ERS, Inc. '3260 ,~~,s.~ 97 ,ro a° 4rF of ~oP ~qRY A.L~~ GAL:lhc Gary A. Lee, P.E./L.S. f:\projects\11298\legals\bndry.doc • - _._. -, DECLARATION OF COVENANTS, CONDI'T'IONS AND RESTRICTIONS FOR DEVLIN PLACE SUBDIVISION ~o~ G~~ ~T THIS l~Ef Y ARATION is made effective on the ~~ day of ~ ~~t5 , . , by ~ D.W. INC., an IDAHO Corporation ~ ~ ,hereinafter referred to as "Declarant°. WHEREAS. 7eclarant 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: The Plat of '. __., recorded as Instrument No. in Boole = of Plats, at pages through -. ,records of Ada County, Idaho. NOW, THEREFORE, Grantor hereby declares that the Property and each Lot, parcel or portion thereof is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occ~~*~ied and improved subject t~~ the following teams, covenants, conditions, reservations, easements and restrictions, all of ~vhich are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and saic 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 imu•e 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 an Owner ~r his successors in interest. Not«~itha.ar-ding 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, 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. DECLARATION OP COVENANTS, Page 1. FVS/srWl Q/18/96(Wood\W ingate.Dec)(12068-01) i • DEFINITIONS 1.1 ".Articles" shall mean the Articles of.this Declaration. 1.2 "Association" shall mean DEVLIN PLACE ~ Homeowners Association, a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 1.3 "Building Lot" or "Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property. 1.4 "Committee" shall mean the Architectural Control Committee. +.. 1.5 "Common Area" shall mean all real property and appurtenances thereto, now or hereafter owned by the Association for the common use and enjoyment of the members of the Association. The Common Area to be owned by the Association upon its incorporation is described as follows: i 'g ~ ,and any personal property located on the Common Area or consisting of imgation pumps, pipes, motors and related apparatus, wherever located, that provide irrigation water to the Property. 1.6 "Declaration" or "Supplemental Declaration" shall refer to this Declaration as hereafter amended and supplemented from time to time. 1.7 "Declarant", "Develo»er" ~r "Gran.tor" shall mean and refer to D.W. INC., an IDAHO Corporation _ and its successors and assigns if such suc~,~~surs 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. 1.8 "Improvement" shall mean any structure, facility, 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, waterlways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.9 "Member" shall mean and refer to every person or entity who holds membership in the Association. DECLARA"'_'ION OF COVENANTS, Page 2. FVS/srb/l 0/18/96(Wood~Wi n ra tr.l~ed(12068-O1 l 1.10 "Mobile Home" shall mean and refer to a residential structure transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or is forty body feet or more in length, is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities, and «~hich has a substantial portion of its components installed and erected other than on-site for its pernlanent location. "Mobile Home" shall also mean a manufactured home, whether or not manufactured according to HUD manufactured home construction safety standards. 1.I 1 "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 ;.rust and "Mortgagor" shall refer to the mortgagor or grantor of a deed of mist. 1.12 "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 perfornance of an obligation. Each Owner shall oKm an undivided one fifty-third (1 /53) interest in the Common Area. 1.13 "Plat" shall mean the recorded Plat of DEVLIN PLACE SUBDIVISION and the recorded Plat of any other Properties annexed hereto. 1.14 "Property", "Properties" or "Project" 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. 1.15 "Setback" means the minimum distance established by la~v between the dwelling unit or other structure referred to and a given street, road or Lot line. 1.16 "Unit" shall mean one residence or dwelling which shall be situated upon a Lot. MEMBERSHIP 2.1. Every person or entity who is a record Owner (including contract sellers) of a fee or undivided fee interest in any such Lot shall, by virtue of such ownership, be a Member of the Association. When more than one person holds such interest in any such Lot, all such persons shall be M:elnbers. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an DECLARATION OF COVENANTS, Page 3. FV5/srb/10/18/96(lNood~WinAate.Dec)(12068-01) • w obligation. Membership shall be appurtenant to and may not be separated from ownership of any such Lot subject to assessment by the Association. Such ownership shall be the sole qualification for membership, and shall automatically commence upon a person becoming such owner, and shall automatically terminate and lapse when such ownership in said Property shall terminate or be transferred. The Association shall maintain a membership list and may require written proof of any Member's Lot ownership interest. 2.2. The financial reports, books and records of the Association may be examined, at reasonable times, by any Member or mortgagee. VOTING RIGHTS The Association shall have two classes of voting membership: 3.1. Class A. Class A Members shall be all Owners, with the exception of the Declarant, and shall be entitled to one 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 vote be cast with respect to any Lot. 3.2. ass The Class B Member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: 3.2.1 When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or 3.2.2 On ; 3'',d PROPERTY RIGHTS 4.1. Common Property Ownershiv. Each Member shall own an undivided one fifty-fifth (l/55) interest in the Common Area. DECLARATION OF COVENANTS, Page 4. FVS/srb/10/18/96(Wood~Winl;ate.Dec)(1 ^~J68-O] ) • • 4.2. Members' Easements of En~ovment to Common Area. Every Member of the .Association shall have a right and easement of enjoyment in and to the ::ommon Area and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: 4.2.1 The right of the Association to suspend any Member's voting rights and/or right to use any of the recreational facilities owned by the Association, for any period during which any assessment against said Member's Lot remains unpaid, and for a period not to exceed sixty (60) days for each infraction of its published rules and regulations; 4.2.2 The right of t_he Association to dedicate or transfer ali or any part of the Common Areas to any private individual, public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such condition or transfer shall be effective unless an instrument signed by Members entitled to cast two-thirds of the majority of the votes of the membership has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed actions are sent to every Member not less than thirty (30) days nor more than ninety (90) days prior to such dedication or transfer; and 4.2.3 The right of the Directors of the Association to pr~r_lulgate reasonable rules and regulations governing such rights of use, from time to time, in the interest of securing maximum safe usage of such Common Areas by the Members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said Property, and reasonable regulations and restrictions regarding parking. 4.3. Delegation of Use. Any Member may delegate, in accordance with the Rules and Regulations or Bylaws adopted from time to time by the Directors, his right or enjoyment to the Common Areas and facilities to the Members of his family, his tenants, or contract purchasers, providing they reside on the Property. 4.4. Reciprocal Easement. Each and every Owner purchasing a Lot within the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner by purchase of a Lot v~~ithin the subdivision agrees that they shall be subject to the following reciprocal easements: 4.4.1 All Lots within the subject Property including, but not limited •_o the Common Area, shall be subject to a general utility and sanitary sewer easement, DECLARATION OF COVENANTS, Page 5. FVShrb/] 0/18/96(Wood~VVinRate.Dec)(12063-01) ~ ~ which shall inchtde, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. 4.4.2 All Lots shall be subject to a permanent public utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair for any public utility, irrigation district, drainage district, or any other utility providing utilities an~Jor having an easement in, to and through the said subdivision, except within the area of foundation for residences. ARTICLE V MAINTENANCE ASSESSMENT AND MORTGAGEE RIGHTS 5.1. C'rPatinn of the Lien and Personal Obligation of Assessments. The Declarant hereby covenants for all of said Property; and each O~~mer of any ? o~~. by ratification of these Covenants or by acceptance of a deed or contract of p• :rcha~e therefor, whether or not it shall be so expressed in any such deed or other c~rveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: 5.1.1 Regular annual or other regular periodic assessments or charges, and 5.1.2 Special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together v~nth such interest ther:.on and cost of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Property against which such assessment is made. Each such assessment, together with such interest, costs anti reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Property at the time such assessment was levied. The obligation shall remain a lien on the Property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed by them. 5.2. Purpose of Assessments. The assessments levied by the Association shall not be used for any purpose other than promoting the recreation, health, safety and welfare of the residents in said Property and in particular for the improvement and maintenance of said Property, any Common Area, all improvements constn:cted thereon, the pressurized irrigation facilities described in Section 5.3, the services anu facilities devoted to this purpose and related to the use and enjoyment of the Common Area, and including without being limited thereto, the payment of taxes and insurance on all or any DECLARATION OF COVENANTS, Page 6: TVS/srb/10/] 8/96(Woocl~WinPar~.De~l/1?063-011 • part of said Property, including insurance on the Common Area. Subject to the above provision, the Association shall determine the use of assessment proceeds. 5.3 Pressurized Irrigation Facilities. The Declarant has or shall construct v pressu>ized facilities serving the Project which shall constitute the Common Area, even though located on private property or outside of the Project. These pressurized irrigation facilities shall be maintained by the Association, unless the Association contracts with the Nampa-Meridian Irrigation District for the maintenance thereof, which it is expressly authorized to do, and the water chazges payable to the District and the cost of maintaining the pressurized irrigation facilities shall be a common expense of the Association or may be charged to individual Lot Ov~~lers, as the Association shall determine. The Association is also expressly authorized to transfer the pressurized system to the Nampa-Meridian Irrigation District. Pressurized irrigation facilities do not include individual sprinkler heads or lines located on individual Lots, but only that portion of the pressurized irrigation facilities upstream from the junction box or control valve located on and serving each individual Lot. The Declarant and Association are also authorized to contract with adjoining landowners to provide pressurized irrigation facilities to them and those adjoining landowners shall be entitled to participate in the common pressurized irrigation facilities provided that each agree to pay a reasonable and fair portion of the cost of maintaining the facilities and providing water through them, as the Association may from time to time determine. All irrigation facilities within the Project s11a11 be tiled or piped in accordance with Meridian City Code requirements. 5.4. Basis and Maximum Annual Assessments. Until July 1 of the year inunediately following the conveyance of the first dwelling unit or Lot to any C~~:~ner, the maximum regular assessment shall be ~: T(~'e7 per year if the pressurized irrigation system is operated and maintained by the Association as a common expense and $ : T8~ per year if it is transferred to the Nampa-Meridian Irrigation District and said District charges Lot Owners for inrigation water on an individual Lot basis, or such lesser sums as may be provided in the By-Laws. The Association may bill such annual assessments to Lot Owners on an annual basis, quarterly basis, or monthly basis, as the Association shall determine. 5.4.1 From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than 15% above the maximum assessment for the previous year without a vote of the membership. 5.4.2 From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may DECLARATION OF COVENANTS, Page 7. FVS/srb/10/18/9ii(Wood~Wingate.Dec)(12058.0] ) • be increased above 15% by a vote of two-thirds (2/3) of each class of Members who are voting in person or by proxy, at a meeting duly called for this purpose. 5.4.3 The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. 5.4.4 In addition to the 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, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto, provided the assent of a t~vo-thirds (2/3) majority of the complete votes represented by those Members who are voting in person or by proxy at the meeting duly called for this purpose is obtained. 5.5. Un'form Rate of .Assessment. Both regular assessments and any special assessment must be fixed at a uniform rate for all Lots, and may be collected on an annual, quarterly, or monthly basis in the discretion of the Directors; except that assessments znay be levied applicable to some Lots only, with prior consent by the - Owners of such Lots, if such procedure is considered equitable in the disareti ~n of the Board in order to construct facilities to be available to the Members desiring to pay for the cost thereof. 5.6. l~:otice and Ouorum for any Action Autl~nrized Y Tncier Sections 5.4 and 5.5. Written notice of any meeting called for the purpose of taking any action authorized under Section 5.4 or 5.5 shall be sent to all Members not less than 30 days nor more than 60 days in advance of the meeting unless waived in ~~riting. At the first such meeting called, the presence of Members or of proxies entitled to cast twenty-five percent (25%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, subsequent meetings may be called subject to the sanle notice requirement, and the required quorum at the subsequent meetings shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. 5.7. Date of Commence ent of Annual Assessments: Due Dates. Except as provided in paragraphs 5.10 of this Article V, all Lots upon which buildings have been constructed shall be subject to the annual or monthly assessments provided for herein on the first day of the month following the conveyance of the Common Area, with the first annual assessment adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of ~.ach assessment r eriod. Written notice of the DECLARATION OF COVENANTS, Page 8. FVShrb/10/18/96(Wood~Wineate.Dec)l12068A1) • • assessment dates shall be established by the Board of Directors. The Association shall, upon demand at any reasonable time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a particular Lot have been paid. A reasonable charge may be made by the Board for the issuance of these certificates. A properly executed certificate of the Association as to the status of assessments is binding upon the Association as of the date of its issuance. 5.8. Effect of No~avment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessments are not paid within thiz-ty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum, and shall also subject the obligor to a late payment charge of $100.00. The Assodation may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Property. The Secretary of the said Association shall file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot on said Property, and upon payment in full thereof, shall execute and fzle a proper release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorneys' fee for the filing and enforcement thereof, shall constitute a lien on the whole Lot (including any improvement located thereon), with respect to which it is fixed from the date the lien is filed in the office of said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by la~v with respect to liens upon real property. The Owner of said Property at the tune said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorneys' -fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expenses, costs and disbursements and attorneys' fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and fees on appeal, and such Owner at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any £oreclosure sale. No Owner may waive or othezwise escape liability for the assessments provided for herein by non-use of the Common Areas or abandonment of his dwelling Unit, Lot or building site. 5.9. Subordination of the Lien and Mort~a~es. The lien of the assessments --~- provided for herein shall be inferior, junior and .subordinate to the )ien of all first mortgages and trust deeds now or hereafter placed upon said Property or any part thereof. The sale or transfer of any Lot or any other part of said Property shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any mortgage, pursuant to a judgment or decree of foreclosure thereof, shall extinguish the lien of such assessments as to amounts thereof which became due prior to such sale or DECLARATION OF COVENANTS, Pale 9. FVS/srb/10/18N6(Wood~WinAate.Dec)(12068-0I ) • • transfer; and such lien shall attach to the net proceeds of sale, if any, remaining after such mortgages and other prior liens and charges have been satisfied. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 5.10. Exempt Pro~~ .. The following Property subject to this Declaration shall be exempt from the assessments created herein: 5.10.1 All properties expressly dedicated to and accepted by a local public authority; 5.10.2 Any Common Areas; ,v/ -~ 5.10.4 Property owned by the Declarant prior to the time a dwelling unit is constructed thereon and occupied by a person other than Declarant, but in all events such exemption shall expire on January 1, 1999. However, 1~0 land or improvements occupied for dwelling use shall be exempt from said assessments. 5.11. Notice to Mortga^~e~es. The Association shall give to the mortgagee of any recorded mortgage, which has furnished to the .Association its name and current address, written notification of any default by the mortgagor of performance v~~ith respect to such mox-tgagor's obligations under this Declaration, Bylaws of the Association or any duly adopted rules or regulations of the Association at least ten (10) days prior to the filing of suit by the Association to enforce those remedies with respect to such default. 5.12. Mortgagee's royal. The Association shall not undertalc::. or cause to be undertaken the following acts without the prior v~~ritten consent of seventy-five percent (75%) of the first mortgagees (based upon one vote for each mortgagee), if such acts would materially lessen the security of such mortgagees: 5.12.1 .Abandon, partition, subdivide, encumber, sell or transfer real estate or improvements thereon which are owned, directly or indirectly by the Association, except that the granting of easements for public utilities or for other public puzposes consistent with the intended use of such Property by the Association shall be permitted; 5.12.2 Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner; DECLARATION OF COVENANTS, Page 10. FVS/srb/10/18/'96(~Noodl~Ni nrate.Decl(12068-011 • 5.12.3 Change, waive or abandon any scheme or regulations or enforcement thereof, pertaining to architectural design, appearance or maintenance of structures or improvements located on the Properties; and 5.12.4 Use hazard insurance proceeds for losses to any Common Area improvements for other than the repair, replacement or reconstruction of such improvements. 5.13. Association Budget. The Association shall prepare an annual budget ~vluch shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year and which shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection. with the maintenance and operation of the Common Area and improvements and may include, among other things, the cost of maintenance, management, taxes, assessments, irrigation assessments, special assessments, fire, casualty and public liability insurance, common lighting, irrigation, landscaping and ~a.re of grounds, repaving, repair, renovations and paintings to Common Areas, snow removal, wages, water charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, the payment of any deficit remaining from a previous period, and the creation of any reasonable contingency or other reserve or surplus fund, as well as all costs and expenses relating to the Common Area and improvements. 5.14. Repair, Etc. If any of the Property located in the Common Area and/or improvements located upon other Property located within the subdivision owned by the Assoaation is damaged or destroyed, the Members shall, at a special meet~.ng called for that purpose, determine whether to rebuild, repair, restore or otherwise take action with regard to such damage or destruction. A quorum shall be necessary for any such decision, in accordance with the provisions of paragraphs 5.4 and 5.5 here~~f ar.4 further, any such action shall be approved by the affirmative vote of not less than trvo-thirds (2/3) of the votes of Members who are voting in person or by proxy at such meeting duly called for this purpose, ve~-itten notice of which shall be sent to all Members not less than ten (10) nor more than fifty (50) days in advance of the meeting, unless waived in writing. ARCHITECTURAL CONTROL COMMITTEE 6.1 Architectural Control Committee. A committee of three (3) persons shall act as an Architectural Control Committee and shall, prior to any new construction DECL.AF.ATION OP COVENANTS, Page 11. FVS/srb/10118/96(Wood~WinAate.Dec)(12068-01) • in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located on said Property and shall be allowed fifteen (1 S) days to reviev~~ said plans, drawings and specifications. If said Committee shall approve the proposed building, or any modification or alteration Cher<:of, they shall so indicate by the dating and signing of the set of plans by two members of the Coznrnittee, and their approval shall be construed as frill compliance with the provisions of paragraph one (1) of the original Covenants. Said Committee shall have the sole discretion to determine what shall be substantial compliance with said Covenants. No building shall occupy any portion of said Property without prior consent of said Committee. The initia_1 Committee shall consist of the following: Daniel A. Wood, Dixie L. Wood and i ~ !~_ who shall serve until their successors are appointed by the Association Board of Directors. T11e Board of Directors may also act as the Architectural Control Committee. A Committee member may participate in the Committee's decision regarding his own improvements on his own plans and specifications. Notwithstanding any other provision to the contrary in this Declaration, a majority of said Committee is empowered to act for the Committee. In the event any member of the Committee is unable to act or fails or desires not to act, the remaining Committee members shall appoint _an Owner of a Lot in said Subdivision to serve on said Committee, all of whom serve without compensation. Neither the Committee, its members nor Grantor shall incur any liabili±v for any On1iSSlo11 or act by any of the above-named. parties under this Article III or in the enforcement of this Declaration. 6.2 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 plat plan have been reviewed in advance by the Architectural Control 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 foz-m, topography, setbacks, exterior color and materials, physical or artistic conformity to the terrain and the other improvements on the Property which the 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. The Committee may also consider whether the proposed structure and design shall be in harmony with the surroundings, the effect of the building or other structure or alterations therein as planned ~~vhen viewed from the adjacent or neighboring DECLARATION OF COVENANTS, Page 12. FVS/srb/10/18/96(WoofiWin¢atr Dec)(12068-011 • property effect or impairment that said structure ~~ill h~.~/e on the view .~f su:.ounding building sites, and any and all other factors which, in the Committee's opinion, shall affect the desirability of such proposed structure, improvements or alterations. Actual construction shall comply substantially with the plans and specifications as approved. This Declaration is not intended to serve as authority for the Committee to control the interior layout of design of buildings except to the extent incidentally necessitated by use and size requirements. 6.3 review of Proposed Construction. The Committee shall consider and act upon any and all proposals which shall be submitted in writing and contain plans and specifications submitted to it for its approval pursuant to this Declaration and in addition, shall have the right to inspect the construction of the improvements in progress to ensure their conformance with the plans approved by the Committee. The Committee shall have the power to determine and make, provide for and adopt rules to determine which types of improvements and whether such improvements satisfy the requirements imposed by this Declaration and are in harmony with the purpose of this Declaration. The Committee shall approve proposals submitted for its approval only if it determines that the construction, alterations or additions contemplated thereby and the locations indicated will not be detrimental to the appearance of any structure and the Property in general, and will be in harmony with the Property and surrounding structures. 6.3.1 Conditions on Approval. The Comrruttee may condition its approval upon such changes therein as it deems appropriate and may require submission of additional plans and specifications or other information before approving or disapproving any proposal submitted. 6.3.2 Detail of Plans. The Committee may in its sole discretion determine the level and nature of detail of plans and specifications submitted for its review as it deems proper, including without limitation, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Un*.11 receipt by the Committee of any required plans, specifications and additional information, the Committee may postpone review of any plans submitted for approval. 6.3.3 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 fifteen (15) days after the filing of all materials required by the Committee. The complete application, including any additional materials and detailed plans requested by the Committee, shall be deemed approved unless written disapproval or requests for additional information shall have been mailed by the Committee or any member thereof to DECLARATION OP COVENANTS, Page 13. FVS/srb/f 0/I SNbnNoofiWinQate.Decl(I 2063-O1 l • • the Applicant within fifteen (15) days after the date of filing of said materials with the Committee. Such fifteen (15) day period shall only commence to run when the Committee has acknowledged in writing the acceptance of such application as complete. 6.3.4 Com ittee Office a_nd Address. The Committee's office address and agent for ptuposes of submission of plans and additional material shall be Daniel A. Wood's. All plans and material shall be submitted to him personally cr at the following address: 13141 West Bluebonnet Court, Boise, Idaho 83713. 6.4 Meetings of the Committee. The Committee shall meet from time to time as is necessary to perform its duties hereunder. The vote of any two members of the Committee, or the written consent of any two members of the Committee taken without a meeting, shall constitute an act of the Committee. 6.5 hIo Waiver of Future A~~rovals. The approval of the Committee of any proposals for any vvorlc done or proposed, or in connection with any other matter required in the approval and consent of the Committee, shall not be deemed to constitute a rwaiver o£ any right to withhold approv~_~ ~~r consent as ~o a:-y similar proposal subsequently or additionally submitted for approval or consent by that or any other applicant. 6.6 Inspection of Worlc. At any time during construction or after completion of constriction, the Committee or any member thereof may inspect the work and should the Committee determine that the work or improvements are not bFing made in conformance with the plans and specifications submitted to and approved by the Committee, may notify the applicant and demand that such improvements be constructed or reconstructed in accordance with the submitted plans and specifications. Should the applicant, the Owner or the applicant's or Owner's contractor fail to construct or reconstruct the improvements in accordance with the plans and specifications submitted within five (5) days after written notice of noncompliance by the Committee, the Committee may seek any judicial remedy at law or in equity, including a mandatory or affirmative injunction to require compliance with such plans and specifications, or this Declaration, and shall additionally be entitled to recover its reasonable attorneys fees and costs. 6.7 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 struct~~.res, •?c similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be DECLARATION OF COVENANTS, Page 14. FVCkrh/1 n/18/9F/WnnfiWinvatr n~~l(1 ~llF4-1111 • e`zdenced in writing, must be signed by at least tvvo (2) members of the Committee, and shall become effective upon recordation in the Office of the County Recorder of Ada Cotulty. 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 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 sul,~plemental 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, inchiding but not limited to zoning ordinances and Lot setback lines or requirements imposed by the City of Meridian or any governmental authority. MAINTENANCE ANTS It`•TSiJ~? ANCE 7.1. Lot Maintenance. Each Owner shall be fully responsible for maintaining and keeping in good order and repair the exterior and interior of his own entire Lot. 7.2. ;roes of Insurance. The Association shall obtain and keep in full force and effect at all times, the following insurance coverage on the Common Area only, provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain .insurance coverage, in addition to any insurance coverage required hereunder, in such amounts and in such forms as the Association may deem apt l~opriate from time to time. 7.2.1 Public Liability and Prc~e~' v Damage Insurance. The Association shall purchase broad form comprehensive liability coverage in such amounts and in such forms as it deems advisable to provide adequate protection. Coverage shall include, without limitation, liability for the personal injuries, operation of automobiles on behalf of the Association, and activities in connection «Rth the ovc~lership, operation, maintenance and other use of the Project. 7.2.2 Other. The Association may obtain insurance against such other risks, of a similar or dissimilar nature as it shall detz-n appropriate with respect to the Project, including any personal property of the Association located thereon. DECLARATION OF COVENANTS, Page 15. FVS/srb/lU/18/96(Wood~Win~ate.Dec)(12068-01) • 7.2.3 Foi~n. All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of breach of warranty, act, omission, negligence or noncompliance with any provision of such policy, including payment of the insurance premium applicable to that Owner's interest, or who permits c r fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy. All policies of insurance shall provide further that the insurance under any such policy as to the interest of all other insured Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Public liability and property damage insurance shall name the Association the insured, as trustee for the Owners, and shall protect each Owner against liability for acts of the Association, its agents and employees, in conne~tzon with the ownership, operation, maintenance or other use of the Project. 7.2.4 Owner's Responses All fire and casualty insurance coverage for each Unit, and casualty and public liability insurance coverage within each individual Unit and for activities of the Otivner, not acting by the Association, with respect to the Common Area, insurance coverage against loss from theft on all personal property and insurance coverage on items of personal pi~perty placed in the Unit or on the Lot by Owner, shall be the responsibility of the resr~=ctive Owners. ARTICLE VIII EASEMENTS 8.1 Maintenance and Use Easement Between Prog~t~v Lines. Whenever a fence constn~cted on a Lot under plans and specifications approved by the Committee is located within three (3) feet of the property line of such Lot, the Owner of such Lot is hereby granted an easement over and on the adjoining Lot (not to exceed three (3) feet for the property line) for purposes of maintaining and repairing such fences and the Owner of such adjoining Lot is hereby granted an easement for landscaping purposes (not including permanent structures) over and on the area, if any, lying~between the Property line and such structure or fence so long as such use does not cause damage to such fence. 8.2 Other Maintenance Easements. Easements for ground water, installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded DECLARATION OF COVENANTS, Page 16. NS/srb/] 0/18/96(Wood~Wingate.Dec)(12068-01) • i plat. Within these easements, no structure, planting or other material shall be pld::ed or permitted to remain which may damage or interfere with the installa~~~.n and maintenance of utilities, or which inay 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 those improvements for which a public authority or utility company is responsible. N~,~ SECTION IX GENERAL COVENANTS, CONDITIONS .AND RESTRICTIONS 9.1 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 the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction. 9.2 I~.provements Location {Setbacks). All dwellings constructed upon said Property shall conform to the setbacl_c restrictions as follows unless specifically waived in writing by the Architectural Control Committee. In no case can the Committee grant a variance to less than the setback as defined in the Meridian City Urdinance~~~.znless a variance is granted by the City through approved procedure. No building shall be located on any Lot nearer than twenty (20) feet to the front Lot line; nearer than fifteen (15) feet to the rear Lot line. On comer Lots, the side yard shall be minimum of twenty (20) feet on the side abutting the street. Side yards shall meet Meridian City Code, which is five feet (5') per story. Constntction o£ any residences in the Subdivision shall be diligently pursued after commencement thereof, to be completed within twelve { 12) months. DECLA.RA.TION OF COVENANTS, Page 17. FVS/srb/10/18/96(Wood~Win~ate.Dec)(12038-01) • • 9.3 Nuisances. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 9.4 Land Use. Building Ty.~e and Exception. No Lot shall be used except for residential purposes, and no Lot shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, an Owner will be allowed to conduct a "garage sale" upon such Owner's Lot. An Owner may on an occasional basis sell the young of any domestic pets v~~hic11 are of?Zercnvise authorized under this Declaration, provided, however, that nothing herein shall be deemed to authorize the approval of the operation of a commercial kennel or the breeding of any domestic animal for commercial purposes on any Lot. No improvements shall be erected, altered, placed or permitted to remain ~n any Lot other than one designed to accommodate no more than one (1) single family residential dwelling. 9.5 Size Limitations and Entrv Designs. A11 buildable Lots are for single- family dwellings only. Each dwelling shall have a minimum floor area of not less than 00 square feet excluding porches and garages. Split-entry houses shall not be aiiowed. ,All houses shall have an enclosed attached garage v~~hich will hold no less than two cars which is not included in the minimum living area square footage. No residence shall be in excess of two stories above the grownd. N/q 9.6 Te~gorary Structures. No improvements of 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. 9.7 Manufactured Homes and Mobile Homes. Manufactured homes and mobile homes are prohirited in this subdivision. 9.8 S~g~s. No sign of any land shall be displayed to the public view on any Lot except one sign of no 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 dur.~:,a the construction and sales period. DECLARATION OF COVENANTS, Page 18. FVS/srb/10/] 8/96!1Nood~Win¢ate.Decl(1206RA11 • • 9.9 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. 9.10 Livestock and Poultry. No animals, livestock or poultry o: 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. Owners are encouraged to place dog Wins and kennels in rear yards. They shall only be permitted to be placed and maintained in rear or side yards 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, except that dog runs and kennels may be placed within side and rear yard setback lines. All dogs and cats or household pets kept on these premises shall be pr^; °rly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of property of others. Dogs shall not be allowed to Win at large and must be leashed when outside any dwelling or fenced yard. No more than two (2) animals may be kept at one time, except that a litter of young may be kept until eight (8) weeks old. 9.11 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 z-rtaterial 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. 9.12 Aesthetics. Roofs must be asphalt shingles or better. No gravel roofs will be allowed in the subdivision. Exterior colors shall be light neutral colors. Bright or bold colors, or very dark colors, shall be discouraged. All exterior colors must be approved by the Architectural Control Committee. Some brick or stucco on the front exposure will be required. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged. 9.13 S~'ght .Distance at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three (3) and eight (8) feet above the roadway shall be placed or permitted to remain on any corner Lot within the Triangular area fornzed by the street Property lines and a line connecting them at points thirty (30) feet fiom 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 DECLARATION OF COVENANTS, Page 19. FVS/srb/10/18/96(Wood~WinRate.Dec)(12068-01) • limitation shall apply on any Lot within ten (10) feet from the intersection of a street Property line with the edge of the 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 obstniction of such sight lines. 9.14 Declarant's Right. Declarant reserves the right to construct residences and other improvements upon said Lot and to offer the same with completed structures thereon for sale to individual Owners. 9.15 Boats, Camuers and Other Vehicles. Parking of boats, trailers, motorcycles, trucks, motor homes, campers and like equipment, including any junk cars, inoperable cars or vehicles, or unsightly vehicles, shall not be allowed on ary~part of the Property, nor on streets adjacent thereto or within the Property, excepting only within the confines of an enclosed garage, or other enclosure approved by the Committee, and no portion of same may project beyond the enclosed area. For the purpose of this Section, an approved area maybe beside the house, but not on a ,street side, and consists of a six (6) foot solid board fenced enclosure. If the height of the stored item is greater than the height of the front fence, the item must be stored two feet farther from the front fence for each part of a foot the item extends above the fence and the item must - be stored two (2) feet away from any side yard fence for each part of a foot it extends above said fence, but in no case will the item be allowed to be stored if its height is greater. than nine (9) feet or length greater than twenty-five (25) feet. Notwithstanding the foregoing, any Owner or guest of any Owner may park a trailer, boat, motorhome or camper on a driveway or a public street in the Property for a maximum of three (3) consecutive days, provided such is not in violation of the ordinances of the City of Meridian. The Committee shall be the sole and exclusive judge of approved parking. 9.16 Sewage Disposal. No individual sewage disposal system shall be permitted on any Lot. All recorded Lots within this Subdivision shall be subject to and restricted by the following recorded Subdivision Covenants: 9.16.1 A monthly sewer charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. 9.16.2 Ov~mer shall submit to inspection by either the Department of Public Worlcs or the Department of Building Safety whenever a subdivided Lot is to be connected to the sewage system. 9.16.3 The Declarant of the Subdivision shall and hereby does vest in Meridian City the right and power to bring all actions against the Owner of the DECLARATION OF COVENANTS, Page 20. FVC/srh/] n/13/06lWnnrllWinvarr.TlPr1l1?(1l,C-1111 Premises hereby conveyed or any party thereof for the collection of any charges herein required and to enforce the conditions herein stated. 9.16.4 The recording of this plat by Declarant shall be deemed and construed as a request for the annexation of its Property to the corporate limits of Meridian City. Such requests and consents shall be binding on all subsequent purchasers or Owners of Declarant's property. 9.17 Bathrooms. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 9.18 ,Antennae. No television antennae, satellite receivers or radio aerials shall be installed outside of a building without written consent from the Architectural Control Committee which would require them to be screened from street view. 9.19 n igh~t v, Artscles. No unsightly articles shall be pernutted to remain on any Lot 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, gxass, 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 Control Committee. "Screened" is defined as being concealed or made non-visible from eye level, at grad, at all points within the Property. 9.20 Construction. During the course of actual construction of airy 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 constniction shall be diligently prosecuted to completion, continuously and without delays. 9.21 deconstruction. 1n any case where it is necessary to reconstruct a Unit, said reconstnzction shall be prosecuted diligently, continuously, and .without delays from time of commencing thereof until such structure is fully completed and painted, unless prevented by causes beyond control and only for such time that such causes continue. DECLARATION OF COVENANTS, Page 21. ~rc i«r,n nn a~n~nn~~.,~w: ~~~.., n,•~~ r i ~naa.m i • • 9.22 Prosecution of Construction Work. The construction of all dwelling houses and structures shall be prosecuted diligently, continuously and without delays from the time of commencement thereof until completion and painting. All structures shall be completed as to external appearance, including finish painting, within one (1) year from the date of commencement of construction, except as specifically provided for yards as set forth in Section 9.25. 9.23 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. 9.24 Light. Sound -General. No light shall be emitted from any Lot which light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot which is unreasonably loud or annoying, and no odors shall be emitted on any Property which are noxious or offensive to others. 9.25 Fences. All fences must be approved by the Architectural Control Committee prior to installation. Vertical cedar or equivalent designs are encouraged. Chain link fences may be allowed upon approval of the Architectural Control Committee. 9.26 Front and Side Yards. The front yard of each Lot and the side yard of any Lot which is adjacent to a street must be placed with sod within forty-five ; +5) 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 one (1) year of occupancy of the Unit. 9.27 No Dumping. No excavation material, grass or yard clippings, nebbish, trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, vc~ithout the prior written approval of Declarant or the Architectural Control Committee. The Owner of any Lot who dumps such material shall be liable for the cleanup and/or removal costs. 9.28 Outbuildings. Only one outbuilding per Lot will be allowed. All outbtuldings shall be constricted of good quality building materials, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said Property and must be approved by the Architectural Control Committee and shall not exceed 120 square feet in size. DECLARATION OF COVENANTS, Page 22. FVS/srb/14118/96(Wocxi~t~'inRate.Dec)(12068-01) • 9.29 Irrigation. In accordance ~~vith the provisions of Idaho Code, Section 31- 3805, the Declarant has or shall constn~ct a pressurized irrigation system for watering the Project. 9.30 Damage to Improvements. It shall be the responsibility of the builder of any residence of this Subdivision to leave the street, curbs, sidewalks, fences and tiled irrigation lines, utilities and all other improvements free of damage and in good and sound condition at the conclusion of the construction permit. Fine grading on each individual Lot shall be required to conform to FHA grading and drainage specifications. It shall be conclusively presumed that all such improvements are in good and sound condition at the time building is begun on each Lot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, which notice is addressed to a member of the Architectural Control Committee. 9.31 Each home is required to have a photosensitive pole light installed in the front yard within ten (10) feet of the property line, designed to switch on automatically at sunset and off at sunrise with a minimum bulb power of 40 watts. Completion is the specific responsibility of the Builder. GENERAL PROVISIONS 10.1 Enforcement. The Declarant or any Owner, or the Owner shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, imposed by the provisions of this Declaration. Failure by the Declarant or an Owner to enforce any covenant or restriction herein contained shall in no way 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 Amendme_n_t. 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 automatically extended for successive periods of ten (X O) years unless an instrument signed by seventy-five percent (75%) of the then Owners of the Lots has been recorded, agreeing to change said DECLA.RA.TION OF COVENANTS, Page 23. FVS/srb/I 0/18/96(Wood~Wi nc a te.Dec)f 12068.01) • 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 two-thirds (2/3) of the Lot Owners; provided, however, that if Grantor is still the Owner of any Lots the provisions may not be amended without the written consent and vote of the Grantor. IN WITNESS WHEREOF, the undersigrp~ t,A;^~* the D=cia:ant herein, has hereunto set its hand and seal this ~ 'day of ~ ' ~ ~ h. By ~ Q STATE OF IDAHO ) County of Ada ) ss. On this day of _ , before me, the undersigned, a notary public in and for said state, personally appeared - , known or identified to me to be the of _... _ __ _. _._ _ _ . ~,, whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~ NUiAr`~Y F'U~i_IC '~ STATE OF IDAHO My Commission Expires 5-8-98. Notary P~fblic for Idaho Residing at Boise, Idaho My Commission Expires: DECLARATION OF COVENANTS, Page 24. FVS/srb/I O/18/96(Wood\Wi nvate.Der1/12068-011 a ~~ ~ _~ ee...K 7'" REALTORS COMME~IAL/INVESTMENT REAL ESTATE PURCHASE AND SALE AGREEMENT rows rover o-rertrar~ THIS OFFER SUPERCEDES~RREVIOUS OFFER DATED MARCH 8, 1997 °:ID# 0 212 0 5 ~• Boise .Idaho Apri 1 1 , t s 97 1: REPRESENTATION CONFIRMATION: In this transaction, the brokerage(s) involved had `he following relationship(s) with the BUYER ("agent' or "nonagent" or "limited dual agent"): Listing broker acted as aln) nOn-agent _ _ ___ _ For the Buyer. Selling broker acted as aln) agen For the Buyer. In this transaction, the brokerage(s) involve had the following relationship(s) with the SELLER ("agent" or 'na~nagent" or "limited dual agent"1: Listing broker acted as alnl agen _ For the Seller. Selling broker acted as a(n) t10n-~g ~„- For the Seller. Each party signing this document ,ponfirms that he or she has received, read and understood the Agency Disclosure brochure and has elected the relatioruhip confvrrred above. In addition, each party confirms that the broker's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE OR SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. i. BUYER• Daniel A. Wood or D.W., Inc. **Buyer is a icense rea es a e agen in a a e o a o an _ s u c rbpersona (hereinafter called 'Buyer') agrees to purchase and the undersigned Seller agrees to sell the following described real estate hereinafter referred to as "Property." 3. ~~F~~YAADDe~i~S~SO~ LEGAL DESCRIPTIO Tnne.Prope Comm nl kno n A roximatel 12 acres 9ro of the proposed ~rest~ge ~`~ire, f n~. ~"aci , n, I[ Idaho legally described as: 4. PRICE/TERMS: To I Porches Pric is en 0 n Dollars 18 - • - _ 1. a) Ysee be~ OW1 cash down payment, including Earnest Mone~ Qeposit. b) S B I nce of the purchase price to be paid as follo~rs: Buyer and Se I er a ree a su sec proper y is we ve 12~ acres. Agreed purchase price ~s .per acre an p1•~ce s a e a pus a accor inq y p us or minus sou survey vary rom e a~reed~u on , :.!'.1 ve f 12) acres . Se I I er to furni sn fiuyer a survey o two weeks o~l accep ance o is o er. 5.EARNEST MONEY: a- Buyer hereby deposits as Earnest Money and a receipt is hereby acknowledged of Five Thousand and No/100 Dollars (S5 ~ OOQ • ~0 1. Evidenced by : ^ Cash ®Check ^ Cashier's Check ^ Note of b1 Earnest Money to be deposited in trust account upon acceptance by all parties and shall be held by P1 Oneer 1 e OmpdnY for the benefit of the pansies hereto. 6. INCLUDED ITEMS: All attached floor coverings, attached television antennae, satellite dishlesl and receiving equipment, attached plumbing, bathroom and lighting fixtures, window screens, screen doors, storm windows, storm doors, window coverings, exterior trees, plants or shrubbery, water heating apparatus ar+~!'~xtur~s, attached fireplace equipment, awnings, ventilating, cooling and heating systems, built-in and "drop-in" ranges (but excepting all . Stier ra~~yes1, fuel tanks and irrigation fixtures and equipment, and any and atl, if any, water and water rights, and any and all, if any, ditches and ditch rights that are appurtenant thereto that are now on or used in connection with the premises shall be included in the sale unless otherwise provided herein. Other items specifically included in this sale• n/a Items specfically excluded in this sale: n d 7. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES: The closing of this transaction is contingent upon written satisfaction or waiver of the following conditions: (see attached addendum) is con in en u on u er o ainin a r va o - u~ a e ots or more wi in e a o e one un re i ays rom i ount an state a encies. u er is no success u in o ainin a prove from above-me i d n i s ten sat ,00 earnest money is re un a e in u to over an is o er ecomes nu an voi . Buyer will have until see a en Um to satisfy or waive all conditions and/or contingencies. s. TITLE COMPANY/CLOSING AGENCY: al The parties agree that i oneer Title Company shall provide any n3quired Title Policy and preliminary report of commitment. b- The Closing Agency for this transaction shall be Pioneer Ti tl e ~av%% iw" :yl oyrCi$u ~~: pay .r : {-5af .3i'ty'.o ,13Siilg AgeTCy'a fee. 9. TITLE INSURANCE: $el 1 er to pay for a standard Owner's or Purchaser's Title Policy premium in this transaction. Purchaser's Extended Coverage Title Policy requested ®Yes 0 No. Additional~~rerr~ium to be paid bY_ _Buyer ~ . '~ PROPERTY ADDRESS: to be at~ed ~,y Seller ~ ID# 0 212 0 5 ~:s r. asp _ 10: ESCROW/COLLECTION: If a long-term escrow/collection is involved, then the escrow/collection holder shall be n a es'~ Each party agrees to pay one-half of escrow/collection fees. eZ~.:•>I1. CLOSING DATE: On or before the closing date, Buyer and Sellar sh I deposit ith the Closing Agency all funds and instruments necessary 3e to complete the sale. The closing date shall be no later_than (see a~dendum~ "Closing Date" means the date on which 3s . all documents are either recorded or accepted by an escrow/collection agency and the sale proceeds are available to Seller. ~0 12. POSSESSION/PROBATION: Buyer shall be entitled to possession on the day of closing or Cl OS1 ng ~, Taxes and water assessments (using the last available assessment as a basisl, rents, insurance pr iurr~s, interest and reserve on liens, a2 enaur,brances or obligations assumed and utilities, shall be prorated as of the day of closing or C I 0 S 1 n g ~ Any tenant deposits held by Seller shall be credited to Buyer at closing. ~ t 3. DEFAULT: ff Buver defaults in the performance of this Agreement, Sellar has the option: 111 accepting the Earnest Money as liquidated damages ~5 or l2) pursuing anyother lawful right or remedy to which Seller may be entitled. If Seller elects to proceed under 111, Seller shall make demand upon as the holder of the Eamest Money, upon which demand said holder shall pay from the Earnest Money the costs incurred by Seller's Broker on behalf 37 of Seller and Buyer related to the transaction, including, without limitation, the costs of title insurance, escrow fees, credit report fees, inspection ae fees and attorney's fees; and said holder shall pay any balance of the Earnest Money, one-half to Seller and one-half to Seller's Broker, provided ~ that the amount to be paid to Seller's Broker shall not exceed the Broker's agreed to commission. Seller and Buyer specifically acknowledge and tao agree that ff Seller elects to accept the Earnest Money as liquidated damages, such shall be Seller's sole and exclusive remedy, and such shall not ,ot be considered a penalty or forfeiture. If Seller elects to proceed under 121, the holder of the Earnest Money shall be entitled to pay the costs incurred tot by Seller's Broker on behalf of Seller and Buyer related to the transaction, including, without limitation, the costs of brokerage fee, title insurance, tai escrow fees, credit report fees, inspection fees and attorney's fees, with any balance of the Earnest Money to be held pending resolution of the too matter. If Seller defaults, having approved said sale and fails to consummate the same as herein agreed, Buyer's Earnest Money deposit shall be ,os returned to him/her and Seller shall pay for the costs of title insurance, escrow fees, credit report fees, inspection fees, brokerage fees and attorney's to6 fees, if any. This shall not be considered as a waiver by Buyer of any other lawful right or remedy to which Buyer may be entitled. tw 14. EARNEST MONEY DISPUTE / INTERPLEADER: Notwithstanding any termination of this contract, Buyer and Seller agree that in the toe event of any controversy regarding the Earnest Money and things of value held by Broker or closing agency, unless mutual written instructions are ~oo~ received by the holder of 'the Earnest Money and things of value, Broker or closing agency shall not be required to take any action but may await ~,o any proceeding, or at &oker's or closing agency's option and sole discretion, may interplead all parties and deposit any moneys or things of value t, into a court of competent jurisdiction and shall recover court costs and reasonable attorney's fees. •t2 15. TITLE CONVEYANCE: Title of Seller is to be conveyed by warranty deed or deed, and is to be tt3 marketable and in5urabie except for rights reserved in federal patents, building or use restrictions, building and zoning regulations and ordinances „a of any governmental unit, rights of way and easements established or of record and any other liens, encumbrances or defects approved by Buyer. ~,s 16. RISK OF LOSS: Should the Property be materially damaged by fire or other cause prior to closing, unless Buyer has taken possession prior to „s closing by Agreement, this Agreement shall be voidable at the option of Buyer. ~t7 17. CONDITION OF PROPERTY AT CLOSING: Buyer agrees to purchase the Property in as is condition, where is, with all faults. Buyer will ~,a assume all obligations with respect to the Property. Seller shall maintain the Property until the closing in its present condition, ordinary wear and ita tear excepted, and loss by casualty. The heating, ventilating, air conditioning, plumbing, elevators, loading doors and electrical systems shall be ~2o in present operating order and condition at the time of closing, unless otherwise agreed to in writing. ~2, 18. INSPECTION: Buyer hereby acknowledges further that Buyer has not received or relied upon any statements or representations by the Broker X22 or Broker's representatives or by Seller which are not herein expressed. Buyer has entered into this Agreement relying upon information and t23 knowledge obtained from Buyer's own investigation or personal inspection of the Property. ,2e 19. ADDITIONA.~ PROVISIONS: Additional provisions of this Real Estate Purchase and Sale Agreement, if any, are attached hereto by an X25 Addendum consisting of 1 pagels). ~2s 20. NOTARY PUBLIC: It is recommended signatures be notarized with a notary statement attached hereto. X27 21. ENTIRE AGREEMENT: ,This Agreement, including any Addendums or exhibits, constitutes the entire Agreement between the parties and no ,2a warranties, including any warranty of habitability, Agreements or representations have been made or shall be binding upon either party unless herein ~2s set forth. ,30 22. TIME IS OF THE ESSENCE IN THIS AGREEMENT. ~3t 23. ACCEPTANCE: Buyer's offer is made subject to the acceptance of Seller on or before (Date) Apri 1 4th, 19~j (Time) 5~t1 ~ •m t32 If Seller does not accept this Agreement within the time specified, the entire Earnest h'uney shall be refunded to Buyer on demand. ,~ 24. OTHER TERMS:_ ,~. _ and, if pos ,~s ,~e 137 t3a t39 1~0 ut tae tas ta4 ,~ t~6 ,a tea tw r would like to co-venture any fencing a_long common property lines share cost in irrigation pump stat on. ® SEE ATTACHED BUYER'S ADDENDUM(S1: 1 (Specify number of Buyer Addendumis) attached.) Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of 2 Pages. Buyer Signature Buyer Signature Buyer I~rint ~mtl a 00 nC • - Buyer (Print Name) Date HH r~ a Time in • . • Phone ~ Date Time Phone # Address 1 ue~oline Address ~;ty State Zip S3~- City State Zip On this date, I/We hereby approve and accept the transaction set forth in the above Agreement and agree to carry out all the terms thereof on the ~~a,~t of the Seller. I/We further acknowledge receipt of a true copy of this Agreement signed by both parties. I ,so ^ SIGNATURE(S) SUBJECT TO COUNTER OFFER ^ SEE ATTACHED ADDENDUM(S)