HomeMy WebLinkAboutTurnberry Sub AZ PPWILLIAM 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
46 HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
C O itiru tinc�
WALT W. MORROW, Presidei
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
RA Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
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: August 5, 1997
TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97
REQUEST: Annexation/Zoning/Preliminary Plat for Turnberry Subdivision
BY: Benchmark Land Co.
LOCATION OF PROPERTY OR PROJECT:_ Black Cat Road (west side) between Ustick and
Cherry Lane
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
RON MANNING, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. & FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
J U L 17 1997
CM OF MERIDIAN
JUL 08 '<7 18a22 FR C I v
MERIDIAN ` 208 887 4813 TO 34s P.02/07 A i
MY OF MERIDIAN
33 East Idaho Street, Mantuan, ID 83642
Phase: (M) M"33
Fax: (ZOS) 887-4$I3
PROPOSED NAME OF SUEDMSION: T'j
i3C['w6E1�
GENERAL LOCATION: CAT l2v4c�, �� USTI cy_ t. C44em%r
LEGAL DESCRIPTION (ATTACH IF LENGTHY):
OWN 4S) OF RECORD: _ !E�16-SN16 QuE�• � PHONE: �B9 "� '�P
ADDREM _ t? 0. '� (V 8R -%V l At4 j )lD "(080
. % ngCt F t c LANA ��N Ab�W►11.i' j'
APPL1CANTlgt! AKhey,. LANs PH0NE:�3-�3$'-2°l9l0
ADDRESS: K 0325 SW e7.> Fb9V!-( ,Svrre 2D3
Lets OSwEz,,o, o� '
ENGINEER, SURVEYOR, OR PLANNER: �S C''�`141.1PHONE: s` 4-91d0
ADDRESS: I I S• Cyc4AV-lc> , Surm GOA I V.*Abe , lt>•
\fAt4 E1.C�'
TYPE' (RE.SIDEiTIAL, INDUSTRIAL, COMMERCIAL);
ACRES OF LAND IN PROPOSED ANNEXATION: �5 •-{
PRF.h'I' LAND USE: Ve�;kVDBtJ dE &AV
RcStvqpm ko, .
PRESENT ZONING DISTRICT: �g-r
PROPOSE/) ZONING DLSMCT: 9 -4 -
Of -"
Of
A00"
V 12., One (1) map of scale of one (1) inch equals neer hundred (100) feet of the property
concerning the nming smaximat 50E AT Jke-%Vo PPC -U MIN AeS f PtA or
te" 13. Thirty (30) copies of a vicinity, map of a scale of one (1) inch equals three hundred (3000)
feet;
(AM
�ew��
14.
A list of tate marling addresses of all property owtmrs, fiiomn authentic = records of Ada
County, who In within tfinee hundred (300) feet of the enazal boundaries of the land
being considered, and all property owws included within the boaodwos of the property
being considered. This information is available from the Comity Assessor.
0"r,,r-It4g0) Lig Ax -owes, rh bv,-- Ate, e-cv#. v G S
Spe%m Ptz' PAO-A, -- j uN% 14RI DtSi~S
A2
Mtge/6072-
JUL 08 '97 18 22 FR CITY OF MERIDIAN 208 887 4813 TO 3452950 P.03107
PLEASE PROVIDE TIRE FOLLOWM MFORMATION ON A SEPARATE
SHEET OF PAPER AND/OR ON SEPARATE ATTAC1d1► EM
s
r✓1.
Name, address, and phone amnber of gpiic2nt; :-E Arrw e& -noxi
o a
✓ z
Name, address, and ph= number of owner of subject ptvperty anti pmol of title of said
�
owner (warranty deed). AcrrAx- "'tom
''
✓ 3.
Notariz, regrtest far zon-ingamendment from .tided owner, of said owner,
valid title optitm holder, or oo Wact pure with c onsertt from the tided owner
-�P
if not requested by titled owner; &m Arri eAv rr rwmro
t/ 4.
Legal description of property including all sooming rights-of-way. railroads, roadways,
hChways and ca=em the full Iength of the prop►etty which is signed and s#amped by
J
a land scaveyar• re&Wred in the Stale of Mabo; i°')M 'ATCP r •lam LO&At_
r.�.
Z
✓ 5.
Demription of pa+cseat land use;
✓ 6.
Descrtptlon of proposed land use;
�
�loppt,� CAM 00.
7.
Present zoning district and fiction;
✓ $.
Proposed zoning district;
K9.
A statertt descr%ing the characterisbccs of subject property which make the zoning
amendment desirable;
c/ 10.
A staremex outlining the necessity or dc*abfty of developrnex pptaiviAg to the
zoning ameadmeat and its harmony with adjstceat development;
11.
A statemtmt of how the proposed coning aaendn umt relates to the chy of Meridian
COtap:'ehensivc Plan. c;,M
V 12., One (1) map of scale of one (1) inch equals neer hundred (100) feet of the property
concerning the nming smaximat 50E AT Jke-%Vo PPC -U MIN AeS f PtA or
te" 13. Thirty (30) copies of a vicinity, map of a scale of one (1) inch equals three hundred (3000)
feet;
(AM
�ew��
14.
A list of tate marling addresses of all property owtmrs, fiiomn authentic = records of Ada
County, who In within tfinee hundred (300) feet of the enazal boundaries of the land
being considered, and all property owws included within the boaodwos of the property
being considered. This information is available from the Comity Assessor.
0"r,,r-It4g0) Lig Ax -owes, rh bv,-- Ate, e-cv#. v G S
Spe%m Ptz' PAO-A, -- j uN% 14RI DtSi~S
A2
Mtge/6072-
JUL 08 ' 97 18 c 23 FR CITY OF t'ER I D I AM t 208 887 4813 TO 3452950 P.04/07 A 3
✓�s- A fim estabH tied by me r_omwA;
Less time I acre = $400.00.
Ov= 1 acre = $400.00 plus $13.00 for each a ftwml am oar portion thereof.
In addiffim to above fee applicant shag pry cyst of cid u=TmEs at a rate of
SRI -
per notice. 'Q[.' S4LL,- A<Vlt-"I- r # 1'
ls12 vL[Z1C.CyS • 6T1CrI N �sE"G�-1NCr��G.
Ir 17. A signed affidavit stating that the pmMty will be posted 1 wa* bafare the public
hearing- Posting mast cerin name of %VHcaut, des rWm of naning ate, and
J time amd date of public heating. ofiiimal nW= ane available ai qty BaQ. /Xr (ACRD
V 18. A signed affidavit stating die appiic= hes read the thereof and verifies am the
bda ms ion comained therein is Um and
•JONG4 Nevi ►�- l �I
a" d� aeQ. ,dfr�b VwskomTx. -As
b wed 3
REQUES
• T FOR SUBDIVISION APPROAL
ARY T / I A
PLANNING AND ZONING COMMISSION
. .1
A request for preliminary plat approval must be in the City Clerks possession no
later than three days following the regular meeting of the Planning and Zoning
Commission.
The Planning and Zoning Commission will hear the request at the monthly meeting
following the month the request was made.
After a proposal enters the process it may be acted upon at subsequent monthly
meetings provided the necessary procedures and documentation are received
before 5:00 P.M., Thursday following the Planning and Zoning Commission action.
GENERAL INFORMATION --�--
1. Name of Annexation and Subdivision,
2. GeneralLocation,
3 N• tau E� t?a� 1wcwww u vne Y,
3. Ownersofrecord, �V G`E �� Z Ems•
Address, f • o • t X 34- ftp) Zip S (6110 Telephone
j JGgM6RK LaNtb e -a. 1Ce325' Sw P,AoNG-�S
4. Applicant, el -0u
PPF+e LAND 6a6 i1aPM Address, tAm Oswer o , OK 41070 W
1 t h S • one-oAmp S•+rtE fico
raotgE. "*%*aP�
5. Engineer,'�1GGS �6• �N L Zip B�cs Telephone SAI% `t10b
A`TTS N/^t4 E1 -6s i�wwwy-y, L.bNp Co
6. Name and address to receive City billings: Name
k
Address e6ee +AprLAe-APT~ A-,--wE Telephone t�3-G3S• 2`1°JCp
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres
2. Number of lots 1 �$ t� J V 2 .ash •
3. Lots per acre
4. Density per acre • �Z'
(1)
r pAt2-c #A""Op To 1Z—+
5. Zoning Classification(s) N� '�`g 0W.ow. p'rl
6. If the proposed subdivision is outside the. Meridian City Limits but within the
jurisdictional mile, what is the existing zoning classification ?T — Ru"t - "Vht-05r"c*4
7. Does the plat border a potential green belt
t4d
8. Have recreational easements been provided for
�Neq P9
9.
9. Are there proposed recreational amenities to the Ci
Explain OtScu�� w/ GccY oem— cN or
jV*,4 , &-n t*4 pjT*e- "S SA-CuoC5 tom+ Al N w 1'R� FAw W� SS
10. Are there proposed dedications of common areas? '*A�
11
12
13
14.
Explainl'sk �' lt-�'[+�tJaL �iT� tr1A'CS
For future parks? fg!!!� taet.,tExplain
�c�ct(vots ca LtNo�¢ Rte_
What school(s) service the area MMA e'' , do you propose any
agreements for future school sites f J b , Explain is
Other proposed amenities to the City!&*Oe`' �W Water Supply EXM41P
Fire Department , Other Explain
- - 1;::- P L,A4K CA -r tA .
Type of Building (Residential, Commercial, Industrial or combination)
Type of Dwelling(s) Sin le Family,
i9INCsLe
Multiplexes, other
15. Proposed Development features:
a. Minimum square footage of lot(s),
b. Minimum square footage of structure(s), l4 Do
t0.EOT �rtur
C. Are garages provided for, 61-1square footage + oom Vve
d. Are other coverings provided for 0 D
e. Landscaping has been provided for , Describe
Atmos W tu. Aq*o fir �6Vttjl``
Ae
rib► � tow A'CS, MV Fw"*4 4 A",,4 Lor t3LAGK 2217 Cab.
(2)
. • !' ApaS Wta-
f. Trees will be provided for �� , trees will be maintained 4' WVPSQ%?t''w'
g. Sprinkler systems are provided for ��%�� R%k5q'V12r= lC4 G
r�
h. Are there multiple units 00 Type
Remarks
i. Are there special set back requirements �d
Explain
j. Has off street parking been provided for Explain
�pQ a LOT
1 Nb� Vt Vu Atr. LtJ[ O�v w t t� ro'E •
k. Value range of propeArc— E
I. Type of financing for development R Wtu' �1Na►`�� �''4 .
M. Protective covenants were submitted , Date
16. Does the proposal land lock other propeIVW�> Ae,! -M.05 o
Does it create Enclaves f-� 0
STATEMENTS OF COMPLIANCE:
1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required
by Ada County Highway District and Meridian Ordinance. Dimensions will be
determined by the City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.
2 3. Development will connect to City services.
4. Development will comply with City Ordinances.
5. Preliminary Plat will include all appropriate easements.
6. Street names must not conflict with City grid system.
v
(3)
ENGINEER/NG
BRIGGS
INC•
July 9, 1997
City of Meridian
c/o Shari Stiles, Zoning Administrator
33 Idaho Street
Meridian, Idaho 83642
Re: Turnberry Subdivision --Preliminary
Dear Shari:
Thank you for taking the time to discuss this application several times with us during the last six or seven
months. Working with the client and the applicable agencies, we now believe we have addressed many of the
issues involved in making this an attractive and successful development for the City of Meridian and our
clients. The project involves approximately 36 acres and is located between ustick and Cherry --on the west side
of Black Cat Road (see attached maps and vicinity map on the preliminary plat). The application involves the
annexation and rezoning of the property to from RT zoning (Rural Transitional) to R-4 zoning (Low Density
Residential), the approval of the preliminary plat, and City approval of some variance requests.
The property will be developed in two phases (see attached preliminary plat --site data information is included).
The proposal involves the platting of 118 residential lots. Each lot will be at least 8,000 sq. ft. in area.
As discussed in our previous meeting, this is a such more desirable lot size for development in this area
(compared to a smaller and more dense residential development of the site). The proposed R-4 zone provides for
a maximum density of four dwelling units per acre. The developer believes that this proposal fills a need in
the area by offering a larger lot size alternative (compared to higher density projects and smaller lot
developments). Note that the density is similar to the Rural Medium density (R-3 zoning) of three dwelling
units per acre--eventhough the proposal involves a request for R-4 zoning. The proposed density is well within
the standards of all applicable plans and ordinances (four dwelling units per acre). City services will be
provided for the lots within this development. A great deal of effort, coordination, discussion, compromise,
and planning, and design has been exerted in arriving at the final design of this project.
upon receiving preliminary plat approval, the developer will provide the necessary landscape plans for review,
comment, and approval. With respect to these open areas, the following should be noted:
1. Three pathway connections are provided in the subdivision. These connections will...
A. Serve as linkages for the neighborhoods
B. Provide for convenient and appealing pedestrian movement
9x1016-6-2
1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950
BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950
C. Break up long block lengths (as identified in Section 9-605-C of Meridian
Code).
D. Provide for drainage and landscaping/beautification.
2. A buffering landscape strip will be provided along Black Cat road.
3. Buffering and turn lanes will be provided along (and at the end of) the main access road
(Charles Street). This should enhance and simplify traffic movement (ingress and egress),
while providing a rather pleasant "approach" into the project.
4. Open space area will be provided to accommodate some additional recreational needs while
providing for adequate drainage
5. Open areas will be appropriately maintained by the Homeowner Association.
As discussed with City staff, each component of this development (i.e. easements on the preliminary and final
plat, street names, street design, and the construction of streets, curbs, gutters, sidewalks, as well as
connection to city services), will comply with the applicable requirements and ordinances of the appropriate
public agencies --including the City of Meridian and ACHD.
With respect to the variance application (attached), please note that the developer's concerns regarding the
following variance items and the appropriate reasons for the request:
1. Approval of reduction from the 80' lot frontage requirement: Cul -de -Sac lots are allowed to
reduce their frontage requirements to 40' in order to provide for better use of the land. The
streets in this development are designed to facilitate safer and more efficient traffic
circulation. As a result, the lots located on these "looped/curved" streets, cannot meet the
minimum street frontage requirement of 80' without being excessive in size and/or creating
awkward, non -radial lots. Please not that the number of lots on curves that do not meet the
minimum 80' frontage requirement (chord length) are few; however, some deviation from the
ordinance is necessary to provide for orderly and reasonable development of the property. Note
also that the frontages are being reduced as little as possible --they are greater than the
allowed 40' frontages for Cul -de -Sac lots.
2. Approval of a variance from the requirement to pipe all irrigation ditches on the site: The
ditch along the south and west sides of the project straddles and/or meanders out of the bounds
of this project. Additionally, in order to pipe the ditch, the developer would have to provide
piping in excess of 48" in diameter along both sides of the property (our Engineers contacted
the irrigation district to determine the flows of the Stafford sub -lateral. In order to
appropriately address this issue, the easement around the ditch will be platted as a lot and
appropriate fencing will be constructed to protect the area. This will help preserve access
to the lateral and avert potential conflicts with a "multiple land owner" situation. The
maintenance of the area will be addressed in the Homeowner Covenants.
3. Formal approval of a variance from any block length requirements (maximum and minimum) --if not
appropriately addressed and allowed under Section 9-605-C. Due to the internal loop design
of the streets, some of the blocks may also be shorter than the minimum required block length.
As required by ordinance, the developer asks that you approve the block lengths as shown and
approved on the preliminary and/or final plat.
4. The special circumstances and conditions created as a result of the literal interpretation of
specific ordinances (i.e. excessive pipe sizes, non-linear streets, pedestrian movement/block
length) sometimes prohibit and/or deprive property owners the ability to enjoy the reasonable
development of their property. In this particular instance, the granting of these requests
does not confer any special or privileged treatment and/or they are not necessarily the result
94016-6-2
BRIGGS ENGINEERING, INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950
of the applicant's actions. The granting of these requests does not conflict with the Meridian
Comprehensive Plan. Approval simply allows for reasonable and efficient design/development
of the property.
As previously stated, this application is in compliance with the Meridian Comprehensive Plan and the suggested
densities and purpose statements of the R-4 tone further support this application. According to the
Comprehensive Plan, this area is identified for residential development of this nature. Development in the
surrounding area, with similar zoning and densities, has already been approved --this project is in "harmony"
with surrounding patterns of development in the area.
As requested by both AC® and the City staff, the project has been redesigned to provide multiple street stubs
to adjoining properties. The streets are designed for the safe and efficient movement of traffic (see attached
Traffic Engineering reports). We also discussed this application, and the access and stub locations, with the
Fire Department. The single access yet "split" entrance style was acceptable. In addition, they were please
to know that and three to four stub streets would be provided for future access. We also discussed the "loop"
design of this project as it relates to multiple access points and safety.
Shari, we appreciate all the assistance that we received from you and other City staff members during the
various stages of preparation for this development application! Please notify Briggs Engineering immediately
if you have any questions or if you require any additional information.
Sincerely,
BRIGGS ENGINEERING, Inc.
�Lv U
Van Bl.q
Planner
9016-6-2
For Value Received
•
WARRANTY DEED 9009568
JEAN L. BIDONDO and BARBARA BIDONDO, husband and wife
the grantors , do hereby grant, bargain, sell and convey unto
EUGENE QUENZER and ARDYCE L. QUENZER, husband and wife
the grantees, the following described premises, to -wit:
The NE4 of the SEh of Section 4, Township 3 North,
Range 1 West, Boise Meridian, Ada Count, State of
Idaho, except a strip of land 2.27 chains in width
off of the South side of the above described tract.
Together with all water and ditch rights appurtenant
thereto.
3'/'-rro A�
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees,
their heirs and assigns forever. And the said Grantors do hereby covenant to and
with the said Grantees , that t he y are the owner s in fee simple of said premises; that said
premises. are free from all incumbrances
and that e y will warrant and defend the same from all lawful claims whatsoever.
Dated: / 1973.
STATE OF IDAHO, COUNTY OF ADA
On this r day of June .19 73
Wore me, a no public
public in and for said State, personally
appeared
I Jean L. Bidondo and Barbara
i Bidondo,
Icnowri�° me to be the person S who Se name S a
wvbEyraied lVi!hS -11,141;instrument, and acknowledged to
executed the same.
Notary Public
• sidl;g,' . Me`Li ian Idaho
Comm. Expires '�J y Z+y.• 7
STATE OF IDAHO, COUNTY OF (�dC.�✓
I hereby certy
if hat th:s instrumen as filed for record at
the request of
at oA J •mins past �—O'cl*440-,
thi;a3 day of '�„�.!<-
19q,in my office, and duly recorded in Book
of eeeeeeds at page
JOHN 6ASTIDA
Azz-Offloin Recorder-
By—
Deputy.
ecorder•ByDeputy.
Fees
Mail to:
Capitol Title Company
BOISE, IDAHO
z
C
0
STATE OF IDAHO )
COUNTY OF ADA )
ss
AFFIDAVIT OF LEGAL INTEREST
1, Fggelve �u en1 Z. e R .3� �o /�. lack Ckt f�"aaj
Name Address
A) ,.ZcQ ani b , being first duly sworn upon
(city) (state) oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to
�rz % c3css Fes► &I -,Jeee.l N& ,lac- 1111 'Co. CP:9AP;7 S M 400, EWSE, I D.
(name) (address) 8370S
to submit the accompanying application pertaining to that property.
2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from
any claim or liability resulting from any dispute as to the statements contained herein
or as to the ownership of the property which is the subject of the application.
Dated this b day of1" 1 ASC , 19 '�'l
(Signature)
SUBSCRIBED AND SWORN to befor me the do and year first above written.
Notary c
g °TAR r • : Residing at 1;o t% LOA H'O
7.U
SLZG
••=�®m;: My Commission Expires: 2.
A.�..Y.OyL ..�.'.
••'ti TE OF 1
5
DESCRIPTION FOR
TURNBERRY SUBDIVISION
July 9, 1997
A parcel of land lying in the NE % of the SE % of Section 4, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described
as follows:
Commencing at the East % corner of Section 4, T. 3N., R. 1W., B.M. the REAL
POINT OF BEGINNING of this description;
Thence S 00°38'01" W 1,175.76 feet along the line common to Sections 3 and 4
to a point;
Thence N 89°19'23" W 1,323.40 feet to a point on the west line of the NE % of
the SE 1/4;
Thence N 00°41'48" E 1,174.79 feet to the northwest corner of said NE % of the
SE 1/4;
Thence S 89°21'55" E 1,322.11 feet to the REAL POINT OF BEGINNING of this
description;
Said parcel of land contains 35.69 acres, more or less.
Michael E. Marks, P.L.S. No. 4998
961016\legal-des
TLAhberry Subdivision
Vicinity Map/zo*llo6-
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S1203223510 0 51203233610 0 S1203325480
BRIGHTON CORPORATION BRIGHTON CORPORATION THE BOISE RESEARCH CENTER INC
12426 W EXPLORER DR STE 220 12426 W EXPLORER DR 12426 W EXPLORER DR STE 220
BOISE ID 83713-1560 BOISE ID 83713-1560 BOISE ID 83713-1560
S1203325430
CITY OF MERIDIAN
33 E IDAHO AVE
MERIDIAN ID 83642-2631
S1203325600
BOISE RESEARCH CENTER INC
12426 W EXPLORER DR STE 220
BOISE ID 83713-1560
R3195320220 R3195320210
GOLF VIEW ASSOCIATES L P GOLF VIEW ASSOCIATES L P
PO BOX 3510 PO BOX 3510
KETCHUM ID 83340-3510 KETCHUM ID 83340-3510
R3195320190 R3195320080
GOLF VIEW ASSOCIATES L P GOLF VIEW ASSOCIATES L P
PO BOX 3510 PO BOX 3510
KETCHUM ID 83340-3510 KETCHUM ID 83340-3510
R3195320070 51203336052
GOLF VIEW ASSOCIATES L P MILLIRON RICKY V & KATHY L
PO BOX 3510 4450 W CHERRY LN
KETCHUM ID 83340-3510 MERIDIAN ID 83642-5432
S1204141840 S1204315300
MCNEALY STELLA JANICEK MONTE S & LELA MAY
2435 N BLACK CAT RD 2256 N MCDERMOTT RD
MERIDIAN ID 83642-5327 MERIDIAN ID 83642-5308
S1204449350 S1204449400
CARSON PHILIP & WANDA CARSON PHILIP & WANDA
1947 N BLACK CAT RD 1947 N BLACK CAT RD
MERIDIAN ID 83642-5363 MERIDIAN ID 83642-5363
S1203325510
CITY OF MERIDIAN
33 E IDAHO AVE
MERIDIAN ID 83642-2631
83195320200
GOLF VIEW ASSOCIATES L P
PO BOX 3510
KETCHUM ID 83340-3510
R3195320090
GOLF VIEW ASSOCIATES L P
PO BOX 3510
KETCHUM ID 83340-3510
S1204110102
LANGLEY FARMS LTD PARTNERSHIP
2435 N BLACK CAT RD
MERIDIAN ID 83642-5327
S1204417460
QUENZER EUGENE & ARDYCE
3680 N BLACK CAT RD
MERIDIAN ID 83642-5330
S1204449450
WHITE ROBERT L JR & MARILYN K
1985 N BLACK CAT RD
MERIDIAN ID 83642-5363
S1204438600 S1204438650 S1204449500
THIBAULT THOMAS & EVELYN MARCUM C DELBERT & JANET W WHITE ROBERT L JR & MARILYN K
5321 W CHERRY LN 5200 W CHERRY LN 1985 N BLACK CAT RD
MERIDIAN ID 83642-5343 MERIDIAN ID 83642-5342 MERIDIAN ID 83642-5363
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ADA COUNTY EVALUATION SHEET
Proposed Development Name TURNBERRY SUB File No.
Date Reviewed 05/22/97 Preliminary Stage XXX - Final
Engineer/Developer Briggs Enar. / ????1???1?
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 Ada County Street Name Ordinance.
sThe following
There
.are not
was not
given.
proposed
a
street names are approved and may be used in this development
300 scalp map Rent so alignment directionals -1 street indicators ai1� $uoc� Ii1LIlatILUfS
."CHARLES"
."JAGGER"
"BONALLACK"
"O' CONNOR"
"MONTGOMERY"
"I 1-11rP%1 it,
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMMITTEE,
Ada County Engineer John Priester
Ada Planning Association Ann Hurley
City of ???????
Fire District ??
Representative
Representative
PESENTATIVES OR DESIGNEES
_ Date 5Z L Z/O;
Date Z Z.
Date
Date
NOTE: A copy of this evaluation sheet must be resented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed 1111
Subindex Street Indey-J222ZZ /2 Section
NUMBERING OF LOTS AND
TR\SUBS%COUNTY.FRM
ADA COUNTY EVALUATION SHEET
Proposed Development Name TURNBERRY SUB File No.
Date Reviewed 05/22/97 Preliminary Stage XXX Final
Engineer/Developer kgs Engr. / ???????
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 Ada County Street Name Ordinance.
PAGE
Nn w !
. "AI LSA"
."AYRSHIRE"
"TOURNAMENT"
"CLASSIC"
.MATCH
PLAY"
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES
Ada County Engineer John Priester Date
Ada Planning Association Ann Hurley
Date
City of Representative Date
Fire District Representative Date
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed lilI
Subindex Street Index Section
NUMBERING OF LOTS AND BLOCKS
TMUSS\COUNTY.FRM
ADA COUNTY EVALUATION SHEET
Proposed Development Name TURNBERRY SUB File No.
Date Reviewed 95/22/97 Preliminary Stage XXX Final
Engineer/Developer Briggs Enar. / ??????
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 Ada County Street Name Ordinance.
•
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The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES
Ada County Engineer John Priester
Ada Planning Association Ann Hurley
City of
Representative
Fire District Representative
Date
Date
Date
Date
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed 1111
Subindex Street Index Section
NUMBERING OF LOTS AND BLOCKS
TR\SUBS\COUNTY.FRM
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BENCHMARK LAND COMPANY -MERIDIAN (QUENZER), L.L.C.
17700 S.W. UPPER BOONES FERRY ROAD, SUITE 100, PORTLAND, OR 97224-7010
PHONE 503-670-9300 FAX 503-670-9400
June 4, 1998
Wayne G. Crookston, Esq.
City Attorney, City of Meridian, Idaho HAND DELIVERED
c/o AMBROSE, FITZGERALD & CROOKSTON
11 West Bower
Meridian, ID 83642
Re: Turnberry Subdivision, Meridian, Idaho: Development Agreement.
Dear Mr. Crookston:
Further to my communications to you of May 20, May 27 and May 29, 1 enclose with this
communication three (3) original copies of the above -referenced agreement which have been executed
and acknowledged on behalf of our firm and Mr. and Mrs. Quenzer. None of the enclosed documents
have been executed or acknowledged on behalf of the City and none have been dated on the top of the
first page. The text and substance of the within agreements conforms exactly with that which has been
subject of my several communications to you above-mentioned.
Since the within instruments will be delivered to you prior to June 11, 1998, 1 am advised by our
Mr. John Knight, that you will present the within agreements for acceptance and execution by and on
behalf of the City immediately. They are, therefore, being delivered to you for that purpose.
On the date each (all three) of the within instruments have been executed and acknowledged on
behalf of the City of Meridian, you are authorized to the insert the date of such execution and
acknowledgment in the spaces provided for that purpose in the first line on the first page of each
instrument. Thereafter, you are requested to forward two of the within instruments to the undersigned for
delivery to the respective "Applicants" or their counsel, at which time you are authorized to effect recording
of the third instrument in the official records of Ada County.
We acknowledge our firm's obligation for payment of the recording fees necessary to effect
recording of the within instrument with the Ada County Recorder's office (per paragraph 20 of the within
agreement). Accordingly, when you are authorized to do so as above -stated, you may either:
(a) effect recording and thereafter provide us with a copy of the Recorder's receipt for the
recording fees based upon which we will promptly remit the shown thereon to whomever you direct, or
(b) you may advise me by letter or facsimile of the amount of the Recorder's fee prior to recording,
and I will see that the funds are provided to you for that purpose before recording with authorization to
apply them to reimburse whomever may actually effect payment thereof upon delivery to me by mail or
facsimile of a full and complete copy of the Recorder's receipt.
Thank you for your continued assistance and cooperation.
Sincerely,
BENCHMAR4 LAND COMPANY—MERIDIAN (QUENZER), L.L.C.
Thomas A. Sherwood
Resident Legal Counsel
encl.
c.c. Jack C. Riddlemoser, Esq.
John Knight, Benchmark
MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 8
Rountree: Okay thank you, any questions?
Bird: I have none.
Anderson: I have none.
Rountree: Of staff?
Bentley: Gary, have they met all your requirements and no problems?
Smith: Yes they have, no problems.
Bentley: Thank you.
Rountree: Any discussion? I need a motion for a request either to approve or
deny the preliminary and final plat for the application.
Bentley: Mr. President, I move we approve the preliminary and final plat for 2.67
acres for Midtown Square No. 2.
Bird: Second.
Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to
approve the preliminary and final plat for subdivision Midtown Square No. 2.
All those in favor? Opposed?
MOTION CARRIED: All aye.
�T,EM #6: TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT:, -
Rountree: Do you have any questions of Council on that or staff?
Bentley: I have a question for the attorneys, if everything is in order on this?
Prior: I'm,going to be in a little bit of a disadvantage here, I don't have a copy of
that in my file that was provided, I don't know if you — oh, maybe it is, excuse me,
but I think its best that Wayne address this because he prepared the
development agreement.
Crookston: Yes, I'm Wayne Crookston, I'm City Attorney for Meridian. I have
gone over this development agreement probably three or four times, they've
made the changes that I requested and I think it's ready to be adopted.
Bentley: Thank you.
Rountree: Any other questions? I need a motion.
MERIDIAN CITY COUNCIL
JUNE 16, 1998
PAGE 9
Bird: Mr. President, I make a motion that we accept the development agreement
with the Turnberry Subdivision and that the Mayor to sign and the Clerk to attest.
Anderson: Second.
Rountwe: Mom made by CouncWmin Bird, seconded by GowWman
Anderson to approve the development agreement for Tumberry'6ubdivieion.
ROLL CALL VOTE: Councilman Bird — yea, Councilman Bentley — yea,
Councilman Anderson — yea.
MOTION CARRIED: All yea.
ITEM #7: SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT
AGREEMENT:
Rountree: Questions, council or staff?
Bentley: Mr. President, I would ask the same question of the City Attorney as to
whether this agreement has been done as in proper order.
Crookston: I'm Wayne Crookston, City Attorney for Meridian. I have reviewed
this Sherbrooke Hollows subdivision development agreement on two different
occasions and it is fine, it's ready to be adopted.
Rountree: Thank you Wayne.
Bentley: Mr. President, I move we approve the Sherbrooke Hollows Subdivision
development agreement, authorize the Mayor to sign and the Clerk to attest.
Bird: Second.
Rountree: Moved by Councilman Bentley, seconded by Councilman Bird to
approve the development agreement for Sherbrooke Hollows Subdivision.
ROLL CALL VOTE: Councilman Anderson — yea, Councilman Bentley — yea,
Councilman Bird — yea.
MOTION CARRIED: All yea.
ITEM #8: FINAL PLAT FOR SPARKLING SPRINGS SUBDIVISION BY
SPARKLING SPRINGS DEVELOPMENT CORPORATION — SOUTH OF
USTICK AND WEST OF N. MERIDIAN ROAD:
RECEIVED
JUL 11 2001
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DEVELOPMENT AGREEMENT
fk
THIS AGREEMENT, made and entered into this 10 — day of �� 1998,
by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereinafter
called the "CITY"; BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., an
Oregon Limited Liability Company, hereinafter called `BENCHIVIAR C', whose address is 17700 SW
Upper Boons Ferry Road, Suite 100, Portland, OR 97224-7010, and EUGENE QUENZER and
ARDYCE L. QUENZER, husband and wife, hereinafter called "QUENZER", whose address is 4020 N.
Black Cat Road, Meridian, Idaho 83642, both of whom are hereinafter referred to as "Applicant."
WITNESSETH:
WHEREAS, BENCHMARK is the owner, in law and/or equity, of a certain tract of land in the
County of Ada, State of Idaho, described at Exhibit "A", attached hereto and by this reference
incorporated herein as if fully set forth (herein called "Parcel A"), which it is intended will be developed
as the first phase of a single family residential subdivision to be known, described and officially platted as
"TURNBERRY SUBDIVISION"; and
WHEREAS, QUENZER is the owner, in law and/or equity, of a certain tract of land in the
County of Ada, State of Idaho, lying contiguous with Parcel A, which is described at Exhibit `B",
attached hereto and by this reference incorporated herein as if fully set forth in full (herein called "Parcel
B"); and
WHEREAS, BENCHMARK and QUENZER have heretofore entered into an agreement
whereby BENCHMARK has the right and option to acquire fee title to Parcel B from QUENZER for
purposes of owning and developing the same as the second phase of the TURNBERRY SUBDIVISION;
and
WHEREAS, in 1991, the State of Idaho legislature enacted §67-6511A of the Idaho Code
entitled "Development Agreements," which provides, among other things, that cities may enter into
development agreements with developers upon rezoning of land; and
WHEREAS, the CITY has heretofore adopted two development agreement ordinances, one of
which, Zoning and Development Ordinance 11-2-416 L, applies when land is rezoned, and the other,
Zoning and Development Ordinance 11-2-417 D, applies when land is annexed to the CITY and also
zoned; and
WHEREAS, BENCHMARK, with the consent and approval of QUENZER, previously
submitted an application for annexation of all the land comprising Parcels A and B requesting that the
same be accorded zoning designation "(R-4) Low Density Residential District." Concurrently,
BENCHMARK also submitted application for approval of a preliminary plat for subdivision thereof into
118 single family residential lots, to be developed in two phases as aforesaid; and
WHEREAS, in support of said applications, representatives of BENCHMARK made certain
representations at a public hearing, held August 12, 1997, before the Meridian Planning and Zoning
Commission as to how the Subdivision would be developed and what improvements would be made as
more particularly described in those certain FINDINGS OF FACT AND CONCLUSIONS OF LAW duly
adopted by the Meridian Planning and Zoning Commission captioned as follows:
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 9
[3/23/98a]
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BENCHMARK LAND COMPANY
APPLICATION FOR ANNEXATION AND ZONING
TURNBERRY SUBDIVISION
NE 1/4 OF THE SE 1/4, SECTION 4,
TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, ADA COUNTY IDAHO
and
WHEREAS, the representations made as above -stated have been, and are, reflected and
confirmed by the preliminary plat of the subdivision recommended for approval by the Meridian Planning
and Zoning Commission as aforesaid and by certain "Subdivision Improvement Plans" (defined below)
heretofore submitted with respect to development of Parcel A hereinafter described; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or
rezoning of property and has done so as set forth in the above-described FINDINGS OF FACT AND
CONCLUSIONS OF LAW recommending approval of the applications of BENCHMARK as aforesaid,
each and all of which conditions and restrictions (herein called "Conditions of Approval") being by this
reference incorporated herein as if fully set forth; and
WHEREAS, the Conditions of Approval require, as a condition of annexation and rezoning of
Parcels A and B as aforesaid, that, among other things, the "... Applicant or its successors in interest,
assigns, heirs or personal representatives enter into a development agreement ..." addressing, without
limitation, certain matters therein more particularly described in subparagraphs a. through o. of paragraph
12., of said Conditions of Approval and that, if annexed by the City, said Parcels A and B may be de -
annexed if said Conditions of Approval are not met; and
WHEREAS, the City Council of the CITY has heretofore annexed and rezoned said Parcels A
and B subject to de -annexation in the event the conditions and requirements set forth in and by the
Conditions of Approval are not met, including the requirement that BENCHMARK and QUENZER enter
into this Development Agreement; and
WHEREAS, BENCHMARK and QUENZER each deem it to be in their respective best
interests to voluntarily enter into this Development Agreement for the purpose of complying with the
requirement that they do so as a condition of the City's actions in effecting annexation and rezoning of
their land:
NOW, THEREFORE, in consideration of the foregoing recitals, each and all of which shall be
and are hereby declared contractual and binding; the CITY's annexation and rezoning of said Parcels A
and B as aforesaid, and the covenants and agreements of the parties hereinafter set forth and described, IT
IS HEREBY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
1. Upon and after recording of this Development Agreement in the official records of Ada County,
Idaho, each and all of the terms and provisions hereof shall run with the land, and encumber the real
property, described at said Exhibit "A" and said Exhibit `B". This Development Agreement shall be
binding upon, and inure to the benefit of, the City, and, for so long as they shall have or claim any right,
title or interest in any land subject of this Development Agreement, all other parties signatory hereto and
upon all other persons or parties now and at anytime hereafter having, acquiring, being vested with, or
claiming, any right, title or interest in said real property or any portion or parcel thereof whether
cognizable at law or in equity.
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 9
[3/23/98a]
2. Only one (1) single-family residential dwelling house having at least one thousand four hundred
(1,400) square feet of floor space, exclusive of garages and other appurtenant non-residential structures
and improvements otherwise permitted by an R-4 zoning classification, may be constructed upon any
single family residential lot created upon lawful subdivision of the lands herein called Parcel A and Parcel
B.
3. Each and every single family residential lot created upon subdivision of Parcel A and Parcel B shall
contain not less than eight thousand (8000) square feet of land. Unless lawfully ordained by action of the
CITY, no such lot shall be further subdivided or partitioned into more than one lot, tract or parcel
containing less than eight thousand (8000) square feet of land.
4. No multi -family residential structures, such as, without limitation: duplex units, townhouses or
patio homes, may be constructed on Parcel A or Parcel B, nor shall any part or portion of the land herein
called Parcel A or Parcel B be improved in any manner, or employed in any use or occupation, not
permitted by the CITY's current (R-4) Low Density Residential District zoning ordinance or by the
Conditions of Approval incorporated herein as aforesaid. Provided, however, nothing herein contained
shall be deemed or construed to prevent any person from employing any portion of said land for farming
or other agricultural purposes prior to development thereof in accordance with this Development
Agreement.
5. Neither BENCHMARK, nor QUENZER, nor any other person or persons now or hereafter having
or claiming any right, title or interest in the lands herein called Parcel A or Parcel B, shall commence the
construction or installation of any improvements upon said property or any portion thereof unless and
until such time as said party or other person shall have filed, or have caused the filing, with the CITY of
"Subdivision Improvement Plans" (hereinafter called "Plans"). The Plans pertaining to each phase and
Parcel respectively shall show all streets, utilities, pressurized irrigation facilities, sanitary sewer, water,
storm drainage, street and similar signage and barricades, and other improvements contemplated for
installation within the subdivision to be developed upon such Parcel (except dwelling units and related
improvements to be constructed following recording of the subdivision Plat of such Parcel). Such Plans,
and the improvements subject thereof, shall be approved for construction or installation by the City
Engineer.
6. All sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants,
curbs, gutters and sidewalks, pressurized irrigation systems, electrical transmission lines, natural gas
lines, telephone lines, cross drains, street surfacing, street signs, cable television, other utilities and
additional improvements shown or described by Plans approved by the City Engineer as aforesaid shall be
constructed and installed at the expense of Benchmark and/or Quenzer (but only if Quenzer remains in
title to Parcel B), or their respective successors in interest, or any other person which or who obtains such
approvals, causes such improvements to be made, and/or ultimately applies for acceptance and approval
of any final plat effecting subdivision of Parcel A or Parcel B, as the case may be.
7. The CITY has granted approval of a preliminary plat for subdivision of Parcel A and Parcel B in a
manner consistent with the requirements of this Development Agreement which plat is by this reference
incorporated in and made a part of this Development Agreement. Upon approval by the City Engineer of
the Plans for Parcel A and Parcel B respectively, said Plans shall each and all be deemed incorporated in
and made a part of this Development Agreement for all purposes.
8. Unless otherwise permitted or approved in writing by the City Engineer, all improvements depicted
by the approved preliminary plat and final plat which pertain to Parcels A and B respectively, and all
improvements subject of the approved Plans pertaining to each of said Parcels, shall be constructed and
installed in strict conformity with said preliminary plat and Plans.
9. Any party or persons who intend to engage in construction or installation of any improvements
subject of said preliminary plat and final plat, and/or any such approved Plans shall provide the City
Engineer with at least fifteen (15) days advance written notification of when and what portion or portions
of said improvements such party or persons intend to construct or install and the time schedule therefor.
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 9
[3/23/98a]
If the construction or installation of any such improvements will be accomplished in phases, the party or
persons constructing or installing the same will construct any temporary facilities or improvements the
City Engineer may deem reasonably necessary as a result of such phased construction or installation.
10. Following completion of the construction or installation of any improvements, or such portion(s) of
any improvements, as are required to complete development of Parcel A or Parcel B respectively in
accordance with this Development Agreement, the party or persons responsible for construction or
installation thereof shall notify the City Engineer that such improvements are complete and request his
inspection and acceptance thereof on behalf of the CITY. If, upon or following inspection of such
improvements, the same are accepted by the City Engineer, the party or persons obligated to construct or
install the same under this Development Agreement shall be deemed for all purposes to have fulfilled
such obligations. Otherwise, such obligations shall not be deemed satisfied.
11. Following completion of construction and installation of all improvements required with respect to
the subdivision of Parcel A and Parcel B, each and respectively, and acceptance thereof by the City
Engineer, the Applicant or other party or persons developing such Parcel shall cause "Corrected" (i.e. "as
built") versions of the Plans pertaining to such improvements to be prepared by a Registered Professional
Engineer and provide the same or a duplicate mylar copy thereof to the CITY. Said "Corrected" Plans
shall depict the actual constructed location (both horizontally and vertically) of all water and sewer lines,
all utility lines and conductors, all pressurized irrigation lines and individual building service lines (to the
extent the latter have been installed as part of the development of any individual lots), all street, sidewalk,
curb and gutter alignments and grades, etc. Said "Corrected" Plans shall include a "Certification'
thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans truly and
accurately depict the locations and characteristics of the various improvements subject thereof.
12. If, after construction or installation of an improvement necessary for the development and
subdivision of Parcel A or of Parcel B is begun, the City Council shall make a finding, duly entered in
the official minutes of the proceedings of the City Council: (i) that the party or persons obligated by this
Development Agreement to construct or install such improvement has failed to complete construction or
installation of a portion or all of such improvement without reasonable justification (lack of necessary
financial resources shall not constitute reasonable justification), and (ii) that said improvement must be
completed in the interests of the health, welfare and/or safety of the inhabitants of the CITY, then the
party or persons obligated to complete construction or installation of such improvement shall, upon
receipt of written notice of such finding, immediately undertake all measures reasonably necessary and
appropriate to commence and, within a reasonable time effect completion of, the construction or
installation of such improvement in accordance with this Development Agreement.
a. If the party or persons so obligated shall fail to complete such construction within a
reasonable time after written notification of such Council action, and the CITY thereafter
determines to complete, and completes, such construction or installation, then the party or persons
who were otherwise obligated to complete such improvement, together with the owner(s) of the
property served by such improvement, shall be obligated to reimburse the CITY its cost to complete
such improvement at such time(s); in such manner and upon such terms as the CITY shall order
after conferring, or making reasonable attempts to confer, with such party, persons and owner(s).
b. The City Council shall not make the findings set forth in paragraph 12., except at a regular or
special meeting of the City Council and unless the party or persons obligated to complete said
improvement, and the owner(s) of the property affected by such improvement, have been notified in
writing of the time and place of such meeting at least three (3) business days prior thereto and have
been given reasonable opportunity to be present in person or by counsel and be heard on the merits
of the proposed finding.
C. Except in the event of an emergency threatening immediate harm or damage to the persons or
property of the inhabitants of the CITY, the CITY shall not undertake to complete construction of
any such improvement unless and until it shall have afforded the Applicant or other party or person
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 4 of 9
[3/23/98a]
responsible for the completion thereof under this Development Agreement, and the property
owner(s) who may become obligated to the CITY as aforesaid, no less than ten (10) days written
notice that it intends to do so and such party, persons and/or owner(s) shall have failed to
commence completion of such construction at or before the time the City or its contractor(s) shall
have actually commenced work.
d. The obligation for reimbursement of the CITY's cost to complete construction or installation
of any improvement completed by, or at the expense of the CITY pursuant to and in accordance
with the foregoing terms and conditions of this paragraph 12., shall constitute a lien on all real
property benefited by such improvement. Said lien may be foreclosed in the manner provided by
law for the foreclosure of a mortgage on real property under the Idaho Code. Said lien shall attach
to and encumber said real property solely as a consequence of the terms of this Development
Agreement as of the date and time the notice(s) described in subparagraph c., immediately above
shall first be delivered to a party, person or owner entitled thereto.
13. a. Unless and until the party or persons obligated to do so by this Development Agreement shall
complete the construction and installation of all improvements to be constructed and installed in
connection with and/or for purposes of the development and subdivision of Parcel A, and said
improvements shall be approved and, where applicable, accepted by or on behalf of the CITY,
(and/or the CITY shall have accepted security for the completion of one or more of said
improvements as hereinafter described), the CITY shall not be obligated to accept or approve for
recording any final Plat of the first phase of the TURNBERRY SUBDIVISION to be constructed
within Parcel A as aforesaid.
b. Unless and until the party or persons obligated to do so by this Development Agreement shall
complete the construction and installation of all improvements to be constructed and installed in
connection with and/or for purposes of the development and subdivision of Parcel B, and said
improvements shall be approved and, where applicable, accepted by or on behalf of the CITY,
(and/or the CITY shall have accepted security for the completion of one or more of said
improvements as hereinafter described), the CITY shall not be obligated to accept or approve for
recording any final Plat of the second phase of the TURNBERRY SUBDIVISION to be
constructed within Parcel B as aforesaid.
C. If the CITY declines to accept or approve for recording the final Plat of either phase of the
TURNBERRY SUBDIVISION by reason of the provisions of subparagraphs a., or b., of this
paragraph 13., or otherwise, the party or persons seeking such acceptance or approval shall have the
right to appear before the CITY's City Council at any regular meeting after any such acceptance or
approval shall have been withheld and shall have the right to be heard as to why such final Plat and
subdivision should be accepted and approved by the CITY. The City Council shall then decide
whether such final Plat and subdivision should be accepted and approved by the CITY, or may
impose such conditions upon acceptance and/or approval of such final Plat and subdivision as it
may determine in the lawful exercise of its authority. In any such cases, the decision of the City
Council shall be final, except that all rights of the parties or persons affected thereby shall be
preserved and may be enforced by any means available to them at law or in equity.
14. In lieu of complete performance on the part of any party or persons otherwise required by this
Development Agreement to perform any obligation prerequisite to acceptance and approval for recording
of the final Plat and subdivision of either phase of the TURNBERRY SUBDIVISION, the CITY, acting
by and through the City Engineer, may accept security for the completion of performance of any such
obligation on the part of the party or persons obligated to do so. Such security may be provided in the
form of surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as
allowed under section 11-9-606 C of the Revised and Compiled Ordinances of the CITY. If and when the
party or persons upon whose behalf any such security is required shall provide such security, the CITY
shall accept and approve such subdivision and final Plat for recording. Upon completion and approval or
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 5 of 9
[3/23/98a]
acceptance by the CITY of the improvements for which any such security has been given in accordance
with this Development Agreement, the CITY shall forthwith exonerate or release such security.
15. The CITY has requested that certain elements of the sanitary sewer which will be constructed and
installed by or for Benchmark in North Black Cat Road in connection with the development of Parcel A,
and certain elements of the sanitary sewer which will be constructed and installed by or for Benchmark in
North Black Cat Road in connection with the development of Parcel B, be designed, constructed and
installed in a manner intended to accommodate future service needs originating from properties not
owned by BENCHMARK or QUENZER which are located within the vicinity of the subject development
(herein called "Special Improvements"). The nature and potential off-site benefits of these Special
Improvements 1 is generally described at Exhibit "C" attached hereto and by this reference incorporated
herein as if fully set forth. The parties acknowledge that sound planning practices require construction of
said Special Improvements concurrently with development of Parcel A and Parcel B in order to
accommodate 'future expansion and development and that the CITY may enter into one or more
"latecomer agreements" for the purposes of assisting BENCHMARK, or its successors in interest, in
recovering some or all of the additional costs it will incur in constructing said Special Improvements.
a. In recognition of the cost savings which can be accomplished by construction of such Special
Improvements concurrently with the facilities to be constructed for purposes of development of
Parcel A, and Parcel B respectively and the impracticality or impossibility of constructing such
Special Improvements separately or at a later time, BENCHMARK has designed and is willing to
construct such facilities in consideration of the CITY's agreement to enter into one or more
latecomer agreements as aforesaid.
b. For purposes of any such latecomer agreements, BENCHMARK agrees to obtain three (3)
independent, bona fide, bids for the performance of the work which will incorporate such Special
Improvements from qualified and responsible contractors and shall deliver copies of such bids to
the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a
manner which allows clear and specific identification of that portion of the construction work for
which the CITY may agree to enter into a latecomer agreement as aforesaid.
c. The CITY's obligation under any such latecomer agreements shall be limited to payment of the
lowest of such bids irrespective of whether the lowest bidder is in fact selected to perform the work.
d. If the City fails to enter into latecomer agreements pertaining to any Special Improvements on
the terms above set forth, BENCHMARK shall not be required to construct any Special
Improvements for purposes of accommodating any future off site expansion and/or development.
16. The parties expressly agree that no Certificate of Occupancy will be issued for any dwelling
constructed in the first phase of TURNBERRY SUBDIVISION until all improvements required for
acceptance and',approval of the final Plat and subdivision of Parcel A are completed and accepted by the
City; or until the CITY and the and the party responsible to complete said improvements have entered
into an addendum agreement stating when the improvements will be completed, and/or such responsible
party shall have, delivered appropriate security for completion of such improvements as aforesaid.
17. The parties also expressly agree that no Certificate of Occupancy will be issued for any dwelling
constructed in the second phase of TURNBERRY SUBDIVISION until all improvements required for
acceptance and approval of the final Plat and subdivision of Parcel B are completed and accepted by the
City unless and until the CITY and the party responsible to complete said improvements have entered into
an addendum agreement stating when the improvements will be completed and/or such responsible party
shall have delivered appropriate security for completion of such improvements as aforesaid.
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 6 of 9
P/23/98a]
18. BENCHMARK and QUENZER agree, in recognition of the unique and peculiar circumstances
relative to this development, that the special conditions set forth in Exhibit "D" attached hereto and by
this reference incorporated herein as if set forth verbatim all be deemed for all purposes applicable to said
Parcel A and to said Parcel B. BENCHMARK further agrees to construct a perimeter fence around both
Parcels A and'B prior to any construction, except where roadways and streets for access are located and
except where the CITY has agreed that such fencing is not necessary.
19. Any notices required by this Development Agreement shall be in writing addressed to the party or
parties entitled, thereto as follows:
CITY: City Engineer BENCHMARK: Project Manager: Turnberry Subdivision
33 East Idaho Benchmark Land Company, Meridian
CITY OF MERIDIAN (Quenzer), L.L.C.
Meridian, ID 83642 11700 SW Upper Boones Ferry Rd., Suite 100
Portland, OR 97224-7010
QUENZER: Eugene and Ardyce Quenzer
4020 North Black Cat Road
Meridian, ID 83642
unless and until such time as any such party shall notify each of the other parties of any change of address
for such notices.
20. BENCHMARK agrees to pay all recording fees necessary to record this Development Agreement
with the Ada County Recorder's office.
21. For so long as they shall have or claim any right, title or interest in any land subject of this
Development Agreement, BENCHMARK and QUENZER agree to abide by all ordinances of the CITY
of Meridian pertaining to development or subdivision of the land in which they claim such rights not
inconsistent with the terms and provisions hereof. Said parties further acknowledge and agree that their
respective properties shall be subject to de -annexation if they or their respective heirs, successors in
interest or assiPns who shall have or claim any right, title or interest therein shall not meet the Conditions
of Approval applicable to the development, subdivision, construction of improvements upon, or uses of
said land or any portion(s) thereof; this Development Agreement, and any Ordinances of the CITY of
Meridian lawfully enacted in conformity therewith .
22. This Development Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk. Provided, however, any other terms or provisions of
this Agreements to contrary notwithstanding, it is hereby acknowledged, confirmed and agreed by and
between the patties that any and all personal liability and obligations of the said Eugene Quenzer and
Ardyce Quenzer arising under this Development Agreement shall be enforceable as to said parties only if,
and for so long as, they shall have or claim any right, title or interest in the lands subject of this
Development Agreement or some portion thereof.
IN WITNESS WHEREOF, the parties have caused this Development Agreement to be
the date, month and year first stated above.
CITY O li2IDIAN ("CITY") _ SUL
6tiJ4 B ,eG�tit,� �v'
By
JXrt D. Corrie, Mayor William 0. Berg, Jr., City' • '�P ��
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT
[3/23/98a]
BENCHMARK LAND COMPANY—MERIDIAN (QUENZER), L.L.C. ("BENCHMARK")
By Pacific Santa Fe Corporation, an Oregon
corporation, Member
By
Mark P. Rockwell, President
U Z/�)
EUGr QUENZER ("QUENZF$g
STATE OF IDAHO )
ss.
County of Ada )
By An 1�
Greg street, Member
MM111.4 W.Weia
I'1 • ►
ACKNOWLEDGEMENTS
On this'- day of , 1998, before me, the undersigned, a Notary Public in and
for said State, personally appearid RIYBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to
be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the
persons who executed the said instrument on behalf of said corporation, and acknowledged to me that
said City of Meridian executed the same.
and
�,oTAjR
J*
It -°itBI, .'
STATE OF
tEOF, I have hereunto
above written.
hand and
Residing at: L7VQ�
My Commission Expires:
official seal, the day
IF
ss.
County of Ada ))
On this �t day of 1998, before me, the undersigned, a Notary Public in and
for said State, personally a red EUGENE QUENZER and ARDYCE L. QUENZER, husband and
wife, known, or', proved to me, to be persons whose names are subscribed to the within instrument, and
acknowledged to me that they 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.
otary ublic or o
(SEAL] Residing at:
My Commission Expires:
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 8 of 9
[3/23/98a]
I
STATE OF OREGON, County of_ QS A] [0 � ''krL- -}ss.
The foregoing instrument was acknowledged before me on this Ye day of Lc/7 e
199, by GREG A. HEMSTREET who is a member of Benchmark Land Co any—Meridian
(Quenzer), L.L.C., a member -managed Oregon limited liability company duly licensed and authorized to
transact business or conduct affairs in the State of Idaho.
OFFICIAL SEAL �►�AwU
SUSAN BARRETT No ublic for Or gon
00TARY PUBLIC - OREGON 9-/9-o/ _ /� O,
COMMISSION NO. 304941 My commission expires:
MY MISSION EXPIRES SEPT. 18jM
STATE OF OREGON, County of W0k6b;,yhv% )ss.
The foregoing instrument was acknowledged before me on this S day of J4 H e ,
199 9,by MARK P. ROCKWELL, President of Pacific Santa Fe Corporation, which is a member of
Benchmark Land Company—Meridian (Quenzer), L.L.C., a member -managed Oregon limited liability
company duly licensed and authorized to transact business or conduct affairs in the State of Idaho.
OFFICIAL SEAL Notary Public for Oregon
KEVIN CAPUZZI My commission expires:
NOTARY PUBLIC - OREGON
COMMISSION NOL 303479
OW MMMISSION EXPIRES JULY 31, 2001
TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 9 of 9
[3/23/98a]
EXHIBIT"A"
DEVELOPMENTAGREEMENT
["Parcel A" Described]
DESCRIPTION FOR PROPOSED TURNBERRY SUBDIVISION NO.1
December 8, 1997
A parcel of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3 North, Range
1 West of the Boise Meridian, Ada County, Idaho, being more particularly described a's follows:
Beginning at the East 1/4 comer of Section 4, Township 3 North, Range 1 West, B.M., the REAL
POINT OF BEGINNING of this description;
Thence SO 0°38'01" W 650.48 feet along the easterly boundary line of said Section 4 to a point;
Thence N 89°21'59" W 215.00 feet to a point;
Thence N 00°38'01" E 15.00 feet to a point;
Thence N 89821'59" W 100.00 feet to a point;
Thence S 04030'24" W 71.92 feet to a point;
Thence S 19'15'28" W 65.34 feet to a point;
Thence S 35'40'56" W 64.90 feet to a point;
Thence S 51'48'00" W 65.00 feet to a point;
Thence S 68036'48" W 67.00 feet to a point;
Thence S 81°39'21" W 41.60 feet to a point;
Thence N 89°21'59" W 521.60 feet to a point;
Thence N 00038101" E 100.00 feet to a point
The: N 89"21'59"'W 1.57 feet to a point;
Thence N 00'38'01" E 444.72 feet to a point;
Thence S 89'21'59" E 1.57 feet to a point;'
Thence N 00°38'01" E 100.00 feet to a point;
Thence S 89°21'59"- G 240.00 feet to a. point;
Thence N 00°38'01" E 100.00 feet to a point;
Thence N 89'21159" W 8.38 feet to a point;
Thence N 00'38'01" E 149.95 feet to a point on the northerly boundary of the NE 1/4 of the SE 114
of said Section 4;
Thence S 89'21'55" E 821.81 feet along the northerly boundary of the NE 1/4 of the SE 1/4 of said
Section 4 to the REAL POINT OF BEGINNING of this description, containing 18.23 acres, more or
less.
Michael E. Marks, P.L.S. 4998
EXHIBIT "A" TURYBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page I of 1
- _ EXHIBIT "B"
DEVEL OPNENT A GREET WENT
["Parcel B" Described]
DESCRIPTION FOR PROPOSED
TURNBERRY SUBDIVISION NO.2
March 24, 1998
A parcel of land being a portion of the NE 1/4 of the SE 1/4 of Section 4, Township 3
North, Range 1 West of the Boise Meridian, Ada County, Idaho, being more particularly
described as follows:
Beginning at the East 1/4 comer of Section 4, Township 3 North, Range 1 West, B.M.,
Thence S 00'38'01" W 650.48 feet along the easterly boundary line of said Section 4 to
the REAL POINT OF BEGINNING of this description;
Thence N 89"21'59" W 215.00 feet to a point;
Thence N 00'38'01" E 15.00 feet to a point;
Thence N 89°21'59" W 100.00 feet to a point;
Thence S 04'30'24" W 71.92 feet to a point;
Thence S 19'1528" W 65.34 feet to a point;
Thence S 35'40'56" W 64.90 feet to a point;
Thence S 51"48100" W 65.00 feet to a point;
Thence S 68°3648" W 67.00 feet to a point;
Thence S 81 "39'21" W 41.60 feet to a point;
Thence N 89'21159" W 521.60 feet to a poird;
1 Thence N 00°38'01" E 100.00 feet to a point;
Thence N 89'21159" W 1.57 feet to a point;
Thence N 00°38'01" E 444.72 feet to a point;
Thence S 89°21'59" E 1.57 feet to a point;
Thence N 00°38'01" E 100.00 feet to a point;
Thence S 89°21'59" E 240.00 feet to a point;
Thence N 00°38'01" E 100.00 feet to a point;
Thence N 89°21'59" W 8,38 feet to a point;
Thence N 00°38101" E 149.95 feet to a point on the northerly boundary of the NE 1/4 of
the SE 1/4 of said Section 4;
Thence N 89°21'55" W 500.30 feet to the northwest comer of the NE % of the SE Y4;
Thence S 00°41'48' W 1,174.79 feet to a point on the west line of the NE % of the SE'/.;
Thence S 89°19'23" E 1,323.40 feet to a point on the line common to Sections 3 and 4;
Thence N 00°38'11" E 525.28 feet along said line to the REAL POINT OF BEGINNING of
this description, containing 17.46 acres, more or less.
Michael E. Marks, P.LS. 4998
EXHIBIT "B" TURNBERRY SUBDIVISION DEVELOPMENT AGREEINIEN'T Page 1 of 1
EXHIBIT "C"
to
DEVELOPMENT AGREEMENT
for
TURNBERRY SUBDIVISION
Meridian, Idaho
"Special Improvements"
Parcel A
Sanitary Sewer: The sanitary sewer main line to be located in the western portion of North Black Cat Road is
to be increased in size from eight inch (8") to twelve inch (12") and extended from Station 10+00.00 (as fixed
and identified by'the approved Sewer and Water Plan for Turnberry Subdivision No. 1, prepared by Briggs
Engineering, Inc.,; Dwgs. "Sl" and "OSI") southerly along North Black Cat Road a distance of approximately
135 feet (to Station 8+65.00), and from Station 10+00.00 northerly along North Black Cat Road a distance of
approximately 2422.34 feet to connect with an existing manhole at Station 34+22.34. The southerly extension
of said sewer does not, in any way serve or benefit Turnberry Subdivision. However, and in addition to serving
improvements situated on Parcel A and Parcel B, the northerly extension of said sewer main will be over sized
and available to service land and developments connected thereto on the west side of North Black Cat Road,
north of Turnberry Subdivision to the point of connection thereof with the existing manhole mentioned above.
At such time as Moth of the sanitary sewer main extensions required in connection with the development of
Parcel B described below is constructed, the Special Improvements described herein will further provide service
to, and benefit, lands and developments lying to the south of Turnberry Subdivision which may be benefited by
connection to these Special Improvements by means of the sewer main extension constructed in connection with
Parcel B.
Parcel B
Sanitary Sewer: The twelve inch (12") sanitary sewer main line to be constructed and extended north in the
western portion of, North Black Cat Road in connection with the development of Parcel A as described above, is
to be extended south from said Station 8+65.00 a distance of approximately 530 feet to a temporary tee type
clean out (or similar device) installed at a point in North Black Cat Road located on the south boundary of said
Parcel B extendeO eastward across North Black Cat Road. Said extension will not in any way serve or benefit
Turnberry Subdivision or either Parcel A or Parcel B thereof. However, said sewer will be sized and available
to service land and developments connected thereto on the east and west sides of North Black Cat Road, south
of said Station 8+65.00 to the Special Improvements in sanitary sewer main lines to be installed in connection
with the development of Parcel A as aforesaid as well any and all lands and developments lying to the south of
said Parcel B, regardless of where situated, which may be afforded access to sanitary sewer service by reason of
the construction and installation of such extension and its connection with the Special Improvements to be
constructed in connection with the development of Parcel A as above -stated.
EXMIT "C" TURNBERRY SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1
to
DEVELOPMENT AGREEMENT
for
TURNBERRY SUBDIVISION
Meridian, Idaho
This subdivision is for 118 single-family lots with an overall density of 3.3 dwelling units per acre. The
Applicant, or such other party or persons as shall be responsible to do so under the Development
Agreement above -referenced, shall:
1. Construct a non-combustible perimeter fence prior to obtaining building permits and construct
temporary construction fencing to contain debris along all subdivision boundaries in the case of phased
construction unless the City has specifically agreed, in writing, that such fencing is not necessary.
2. Construct a landscape strip within the Subject Property along the full length of the Subject
Property adjacent to the west right-of-way line of North Black Cat Road (Black Cat Road Landscaping),
except for they entryway access of Charles Street and a ten -foot -wide gravel access road at the northerly
property boundary for Nampa -Meridian Irrigation District. The North Black Cat Road Landscaping shall
be a minimum of twenty feet (20') in width beyond required ACHD right-of-way. The Black Cat Road
Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be
submitted by Applicant Benchmark that is approved by the CITY. A letter of credit, cash, or appropriate
bonding for the Black Cat Landscaping is required prior to signature on the final plat; no fencing shall
encroach on this 20' planting strip, located beyond required right-of-way of 45' from centerline.
Landscaping shall be completed prior to obtaining certificates of occupancy.
3. Tile all ditches, canals and waterways, including those that are property boundaries or only
partially located on the property, unless downstream water users and the irrigation district determine they
can be abandoned or a variance is granted by the City; the Applicant was granted such a variance for the
Safford Lateral.
4. Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines, as well as extending and constructing water and sewer line extensions
through the property (see Development Agreement, paragraph 15).
Construct curbs, gutters, sidewalks and streets to and within the property.
6. Pay any development, latecomer, impact or transfer fees adopted by the CITY.
7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet
the Ordinances) of the CITY.
8. Construct and install pressurized irrigation to all lots within this subdivision prior to obtaining
building permits.
9. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
10. Meet all representations made by the applicant during the public hearing process.
11. Comply with the requirements of all City departments, Ada County Highway District, and
Central District: Health Department.
12. Timely prepare, submit, and obtain the required approval by the CITY of final plats of the project
in accordance with development time requirements contained in City Ordinances.
13. Perpetually maintain all improvements in a neat, aesthetically pleasing and workmanlike manner.
EXHIBIT "D'! TUIINBERRY SUBDIVISION DEVELOPMENT AGREE.VIENT Page 1 of 1
.0
i
/ PLANNERS /SURVEYORS
October 7, 1997
Mr. Bruce Freckleton
City of Meridian Building Department
33 E. Idaho Avenue
Meridian, Idaho 3642
Re: Turnberr* Subdivision
Dear Bruce,
11
recelllR d_ 16-7—q7
1111 South Orchard Avenue, Suite 600
Boise, Idaho 83705 —1923
Voice (208) 344-9700
Fax (208) 345-2950
E-mail BEldaho@Compuserve.com
I have reviewed he Safford Lateral where it passes through Turnberry Subdivision and have
determined that it would take a 54 -inch concrete pipe or 66 -inch CMP pipe to tile the Safford
Lateral from where it crosses Black Cat Road to the northwest corner of the property. We have
performed our calculations based on concrete and CMP.
Enclosed are the'I calculations showing that a 54 -inch minimum diameter pipe is required to
maintain the heajdloss at its present condition.
In relation to they NMID letter, there are smaller short culvert upstream, however they headloss
experienced inese pipe is insignificant over the 60 -foot run in relation to the one-half mile run
around this property. I am sure the Irrigation District is basing their submittal on the installed
culvert crossing$ and not on the analysis presented herewith.
Please call me if you have any questions.
Sincerely,
BRIGGS ENGINEERING, Inc.
Dean Briggs, P
DB:fc
Enclosure: Calculations
cc: Van Elg
PLM — John Knight
Stan Mckutchison
961016\mercity-ltr
1/2
10/07/97
BRIGGS ENGINErRING, Inc. — 1111 S. Orchard Ave., #600, Boise, Idaho 83705 — (208) 344-9700 / Fax 345-2950
TURNBERRY SUBDIVISION
Safford Lateral Calculations
• Safford Lateral Flow = 3,000 inches (60 cfs)
• n = 0.013,
• Flow Length= 2260 [outlet at Black Cat Road to weir, approximately 210' S. NW corner]
• High-water a� Black Cat = 2544.91 [West end culvert]
• High-water Weir = 2542.43.40 [Approximately 210' South of the NW corner of Subd.]
• Elevation Difference = 2.51 feet
• Slope = 0.00 1
• Manning's
• Full -flow Analysis [submerged condition]
• Circular
SUMMARY
• 54" Concret Pipe Required
• 66" CMP Pipe Required
961016\mercity-Itr 2/2 10/07/97
•
Curve
Plotted Curves for Circular Channel
Project Description
Project File
dAfiowma-1ltmbry1.fm2
Worksheet
Tumberry Subd. - Safford Lateral
Flow Element
Circular Channel
Method
Manning's Formula
Solve For
Full Flow Diameter
5.1!
4.4
4.2 L-
0.012
Constant Data
Channel Slope 0.001100 ftift
Data
Minimum Maximum Increment
Mannings Coefficient 0.013 0.024 0.011
Oct 7, 1997
18:15:44
Full Flow Diameter vs Mannings Coefficient
0.014 0.016 0.018 0.02 0.022
Mannings Coefficient
None
IHaestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203)755-166C)
FlowMaster v4.1 c
Page 1 of 1
•
Table
Rating Table for Circular Channel
Project Description
Project File dAfiowma-1\tmbry1.fm2
Worksheet Tumberry Subd. - Safford Lateral
Flow Element Circular Channel
Method Manning's Formula
Solve For Full Flow Diameter
Constant Data _
Channel Slope 0.001100 Rift
Discharge 60.00 ft3/s
Input Data
Minimum Maximum Increment
Mannings Coefficient 0.013 0.024 0.011
Rating Table
Mannings Depth Diameter
Coefficient (ft) (ft)
0.013 4.36 4.36
0.024 5.49 5.49
CJ
Oct 7, 1997 None FlowMaster v4.1c
18:15:15 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1
r !
Turnberry - Safford Lateral
Worksheet for Circular Channel
Project Description
4.36
Project File
d:\flowma-1\tmbry1.fm2
Worksheet
Tumbeny Subd. - Safford Lateral
Flow Element
Circular Channel
Method
Manning's Formula
Solve For
Full Flow Diameter
Input Data
Mannings Coefficient 0.013
Channel Slope 0.001100 ft/ft
Discharge 60.00 ft'/s
Results
Depth
4.36
ft
Diameter
4.36
ft
Flow Area
14.94
ft,
Wetted Perimeter
13.70
ft
Top Width
0.00
ft
Critical Depth
2.27
ft
Percent Full
100.00
%
Critical Slope
0.003830 ft/ft
Velocity
4.02
ft/s
Velocity Head
0.25
ft
Specific Energy
FULL
ft
Froude Number
FULL
Maximum Discharge
64.54
ft3/s
Full Flow Capacity
60.00
ft3/s
Full Flow Slope
0.001100 ft/ft
Oct 7, 1997 None FlowMaster v4.1c
18:13:45 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1
Turnberry - Safford Lateral
Worksheet for Circular Channel
Project Description
Project File d:\flowma-1ltmbry1.fm2
Worksheet Tumberry Subd. - Safford Lateral
Flow Element Circular Channel
Method Manning's Formula
Solve For Full Flow Diameter
Input Data
Mannings Coefficient 0.024
Channel Slope 0.001100 ft/ft
Discharge 60.00 ft'/s
Results
Depth
5.49
ft
Diameter
5.49
ft
Flow Area
23.66
ftz
Wetted Perimeter
17.24
ft
Top Width
0.00
ft
Critical Depth
2.12
ft
Percent Full
100.00
%
Critical Slope
0.011048 ft/ft
Velocity
2.54
ft/s
Velocity Head
0.10
ft
Specific Energy
FULL
ft
Froude Number
FULL
Maximum Discharge
64.54
fv/s
Full Flow Capacity
60.00
ft3/s
Full Flow Slope
0.001100 ft/ft
Oct 7, 1997 None FlowMester v4.1c
18:14:41 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1
0 0
MERIDIAN CITY COUNCIL MEETING: OCTOBER 21.1997
APPLICANT: BENCHMARK LAND CO. ITEM NUMBER: 11
REQUEST: PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
6-1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN
REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE
NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 3 NORTH,
RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council and the Mayor of the City of
Meridian, Idaho, have concluded that it is in the best interest of
said City to annex to the said City real property which is
described in Section 1 below:
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of Meridian, Ada County, Idaho:
Section 1. That the real property described as:
A parcel of land lying in the Northeast 1/4 of the
Southeast 1/4 of Section 4, T. 3N., R. 1W.0, B.M., Ada
County, Idaho and more particularly described as follows:
Commencing at the East 1/4 corner of Section 4, T. 3N.,
R. 1W., B.M. the REAL POINT OF BEGINNING;
Thence S 00038101" W 1,175.76 feet along the line common to
Sections 3 and 4 to a point;
Thence N 890191231, W 1,323.40 feet to a point on the west line
of the NE 1/4 of the SE 1/4;
Thence N 00°41148" E 1,174.79 feet to the northwest corner of
said NE 1/4 of the SE 1/4;
Thence S 89°21155" E 1,322.11 feet to the REAL POINT OF
BEGINNING of this description;
Said parcel of land containing 35.69 acres, more or less,
is hereby annexed to the City of Meridian, and is zoned R-4
Residential; that the reason for the R-4 zoning is to allow
development for a single family residential subdivision id9h6laO
as Turnberry Subdivision; that the annexation and zo ing i su_iect
ANNEXATION ORDINANCE TURNBERRY SUBDIVISION\
BENCHMARK LAND CO. - PAGE 1
97 0 aEE-
Pel
%E' ST OF
0
STATE OF IDAHO,)
: ss.
County of Ada, )
On this o?/61� day of October, 1997, before me, the
undersigned, a Notary Public in and for said State, personally
appeared WILLIAM G. BERG, JR., known to me to be the person whose
name is subscribed to the within and foregoing instrument, and
acknowledged that he 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.
.•`��G E L' G �'•.
SEAL
�W^
of list,W%
O�
ublic for 3"daho
at Meridian, Idaho
ssion expires:
ANNEXATION ORDINANCE - TURNBERRY SUBDIVI;iION\
BENCHMARK LAND CO. - PAGE 5
?L'SLI'1 'M'004
N
v
4 zL 3
Z
l
i
w�
?L'SLI'1 'M'004
N
v
4 zL 3
Z
Meridian City Council
October 7, 1997
Page 26
Bentley: Mr. Mayor, seeing as how the applicant isn't here my feelings would be that
we continue the public hearing and notify the applicant. If the don't show up the next
scheduled appointment that we drop the application.
Morrow. Second
Corrie: Motion made and seconded that continue the public hearing with the notification
to the applicant if they don't show up the 21st that their application will be dropped from
the agenda, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF
35.69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO.
— BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE:
Corrie: At this time I will open the public hearing and invite the representative of the
annexation and zoning to step forward please.
Ken Ross, 16325 SW Bens Ferry Road, Lake Oswego, OR, was sworn by the City
Attorney.
Ross: I am the senior project manager over the Washington and Idaho projects. The
project manager that is assigned to this particular project was playing with his kid on
Sunday and hurt his back so he is not here tonight. So because of that a lot of the
issues regarding planning, design engineering and so forth I am going to defer to Van
Elg who is sitting back there and Dean Briggs with Briggs Engineering. I would like to
just take a moment to introduce our firm who we are, do as much as I am capable of
doing in regards to this particular project before I turn it over to them. We are Pacific
Land Management is a tri-state development firm. We started in the Portland, Oregon
tri -county area and have in the last four or five years expanded to Washington and now
Idaho. This is our first project in the State of Idaho and we are very excited about this
project. As has been mentioned before it is a 35 acre parcel it is across the street from
Ashford Greens. It is a new development an upper scale development. It has been our
heart from the beginning to try to put together a development that is complimentary not
necessarily competitive to it but complimentary to it. So we have looked at producing a
product that would not directly compete with it but would compliment that existing
product. We have looked at a minimum of 8,000 square foot lots for this site and there is
I think 118 of them. They go from the smallest lot of 8,000 up to a little over 16,000
square foot lot. Our intent for this particular project was to do something unique. One of
the things that we are faced with in developments in Washington and Oregon is usually
some significant topography issues. We found that is really not the case in Meridian
there is not that much topography around here. So what we looked toward for this
particular development was design. lb try to do something unique something that would
enhance livability. So the design you are going to see tonight I hope reflects that. One
,Meridian City Council
October 7, 1997
Page 27
of the concerns that we has a company have is that we not only generate lots or
generate a subdivision but we generate a community. Something that someone really
wants to live in. So we consider things like open spaces, greenway strips, pedestrian
kind of activity, street kind activity, what kind of traffic and how it is distributed through a
site. What it is like to actually live there. Given this particular site and the configuration
of this site we have attempted to try and maximize all of those things. As you are going
to see in a moment with the site plan we have a very short collector so that traffic is not
directed right through the middle of a project but it comes into the project and then is
distributed as equitably as possible through the project so as to minimize the traffic in all
of the areas throughout the subdivision. We have kind of a central pocket area and then
some corner pocket areas. We have what we hope we tried to achieve is reasonable
traffic, reasonable pedestrian connectivity and pathways and so forth. Reasonable
livability, basically what I would consider life in a culdesac. To me that is the ideal life is
in the end of a culdesac and yet with minimal culdesacs there are only two in the whole
project. So we have attempted to put together a subdivision that is responsible that way
as well as the size of lots that would produce a nice product there. It is our hope and
attempt that when it is all done it is all built out that the city of Meridian will be proud of
it. Something that would be a good addition to this community. So with that I will turn it
over to Van who is going to discuss the design and so forth.
Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: If I can I am going to shift over to the other microphone where I can reference my
drawing. We started this project with these clients back in November of 1996 1 believe it
was with the City of Meridian. We have gone through painstaking process of refinement
and trying to make this project into something that the City of Meridian could be proud of
and that these developers as their first project here in this area could be proud of and so
that they can gain your trust and confidence in them. As I said we spent a great deal of
time, we discussed it with your staff on numerous occasions with Shari and Gary, Fire
Department, various agencies. We are in the process of negotiating still or discussing
with Brian Jorgenson with parks, to discuss the landscape issues, Tree Commission.
We will get into the trees on this project in a minute. You probably haven't seen a
project with quite as many trees as this one has for quite some time. As Ken mentioned
the project is roughly 36 acres in size and the requests involved are an annexation and
rezone to R-4 from RT rural transition zoning. The density that we are requesting is 3
dwelling units per acre which is similar to the R-3 zoning allowance. As Ken mentioned
the lot sizes vary from 8,000 square feet to about 16,000 square feet in size so there is
a great deal of variety in this project. There are 16 common or landscape lots within the
project with a large amount of buffering along Black Cat Road. We have also created
some sort of boulevard for an entrance where no houses front onto this. Part of the
reason for this boulevard the way that this is designed is number one to accommodate
the fire department's requirements for multiple access lanes. This provides a
convenient access in two approaches to a site if one of them happens to be blocked. In
addition we have provided four stub locations with the fire department was pleased with
as was ACRD. The other thing about this project is you will notice the curvilinear design
Meridian City Council
October 7, 1997
Page 28
to it, it is kind of a modified block layout. But the curvilinear design provides for some
very efficient traffic flows. As a result of this design we have been able to keep all of
these streets residential to minimize the amount of street construction and build
collectors at this location here to bring the traffic in to funnel it in and then provide tum
lanes out onto Black Cat Road. We have also been required to provide deceleration
lanes and left turn lanes here on Black Cat Road for traffic, to facilitate traffic moving on
Black Cat. ACHD is requiring some crossings at these locations here. The applicant
has to provide for money to the trust in the event that property develops. Interesting to
note that we have had a traffic engineer review this with ACHD also to verify the
soundness of the design and to ascertain whether this project could handle the
densities that might occur as the project develops further or as land develops further to
the west or along the north or south. They have accepted the findings of Gary
Funkhouser of Earthtek the traffic engineer who performed those studies and found that
the traffic movements are quite fluent in this area here. You will note also some of the
open space areas are designed to accommodate pathways and neighborhood
connections. As required by City ordinances there is a block length requirement. Well
these block lengths in order to this traffic flow we has to shorten the block length here
so that is one of the variances that we are talking about tonight. If you don't mind I will
just incorporate all of my testimony for all three of them tonight too, it is easier. So we
shortened these block lengths here but these block lengths on the perimeter some of
them became a little bit lengthy because of the curvilinear design. So we have
incorporated these pathways to break up that block length and these also served as
open areas, green area for pedestrian movement, for visual appearance and also for
drainage. So they serve multiple purposes. In this location they provide a pathway
connection out to Black Cat as well as utility connections. You will note the open space
area back here which serves dual purpose, call it is a blue green area it is green when it
is not raining and blue when it is. It is a drainage area for us. It will serve as a tot lot
amenity back here. The developers have I believe $10,000 or $15,000 targeted for that
lot there and for equipment for the children. The other thing you will note is that we
have tried to accommodate the Nampa Meridian Irrigation district with the design here.
We have the Safford Lateral which is another element of the variance request. I should
just as well give you that before I forget. We have the calculations for the Safford lateral
(inaudible). You have a letter from the Nampa Meridian Irrigation District that indicates
there was some 3000 minor inches of water travelling down that Safford lateral. There
are a number of things or factors that have influenced the sizing of that pipe for that
Safford lateral. The amount of water that is there, the slope, the head on it and the
length of pipe certainly affect the size of that pipe. Dean Briggs has put together a very
complete letter there that indicates the minimum pipe size requirement for this project to
pipe roughly a half mile of irrigation line I believe is a 54 inch concrete pipe, hence the
variance request for that. A corrugated metal pipe is even larger than that, I believe it is
64 or 66 inches in diameter. So you can see there is quite a bit of water there. Part of it I
has to do with the flatness of the site. There is just not much movement of that water
and it takes a larger pipe to get it through. Anyway with respect to the irrigation on this
site we pulled the lots back and away from the irrigation facilities. One of the concerns
that they had is that when they come in the ditch riders come in and bum the ditch and
Meridian City Council
October 7, 1997
Page 29
the weeds along the ditch they bum the fences or they cause problems with those
property owners there. So we have pulled that back and the road, this is all a separate
lot that will be maintained by the homeowners association. The fencing will be along
this property line instead of this one allowing free access and movement for the
irrigation company. It also will help eliminate a problem that they express to us and that
people tend to take their grass clippings and branches and weeds and whatever they
can find in their yard and dump it over a fence. If there is an irrigation ditch that is a
great way to get rid of it real fast. We have pulled that back so that can't accomplish
that, they would have to physically go out and (inaudible). But in any event, this lot is
identified as the irrigation easement is completely contained within that lot there. As far
as landscaping for this project as I mentioned we have a corridor which will provide a
very pleasant approach into the project, no lots will front on it. Landscape island in the
middle here, and then you will see the vast amounts of trees that we are providing.
Many of these street trees that are being proposed here within this development will
reach about a 30 foot height (inaudible) Lindens and many of these trees will reach a 30
or 40 foot height with of 30 or 40 foot spread so you will have a real pleasant street
scape on this project once that landscape matures. With that in mind, I guess one other
thing, there is a proposed sign for a monument for this project and the land group Dave
Koga's group has put together this monument sign showing how the monument will look
as you enter into the project. I think as you can tell it is going to be a very pleasant and
upbeat subdivision. With that in mind I will open myself up for any questions that you
might have if you have any specific engineering related. things Dean Briggs is here to
answer those also.
Morrow. Van, with respect to the outside perimeter the greenscape that is going to be
owned by the property owners associations is that correct?
Elg: Yes
Morrow. And it is also going to serve as an access for Nampa Meridian to service their
ditch?
Elg: That is correct.
Morrow. And then Nampa Meridian has the understanding that it is simply an easement
for them to service their ditch and the property owners have maintenance and right to
use in terms of jogging path or whatever it is they wish to?
Elg: Well they know that they have the easement there.
Morrow. You are not proposing an exclusive easement is my question. So I guess
where I am coming from (inaudible) my interest is to make sure (inaudible) through use
of that property (inaudible)>
Meridian City Council
October 7, 1997
Page 30
Elg: I did make a proposal once that we dedicate the lots to the City of Meridian but that
didn't go over so well
Corrie: Any further questions from Council? Thank you, anyone else from the public that
would like to issue testimony in this public hearing? Counsel?
Crookston: I have one question, you did intend to have all your applications heard at
this onetime? Thank you
Bentley: I would like to ask Shari and Gary if they have reviewed all of this and what
responses are?
Stiles: Mr. Mayor and Council, I think they put a lot of thought into this project and have,
we have had numerous meetings before they even submitted the application. I think it
is a good project and I think they have answered all my questions I had.
Smith: Mr. Mayor and Council, I just received Dean's calculations on the Safford lateral
tonight. I have looked through them in a very preliminary manner and I can't address
specifically the size of the pipe that they have determined. But it appears that they are
using a computer program for us analysis. That is about all I can say at this point.
Corrie: At this time I will close the public hearing.
Morrow: Mr. Mayor, it would appear to me that there has not been any substantial
testimony that is in disagreement or such from the findings of fact and conclusions of
law as prepared (inaudible) I move that we adopt the findings from P & Z for the request
for annexation and zoning of 35.69 acres to R4 for Turnbeny Subdivision by
Benchmark Land Co.
Bentley: Second
Corrie: Motion made and seconded that we adopt the findings of fact and conclusions of
law as sent forth by the Planning and Zoning any further discussion? Roll call vote.
Crookston: I don't believe that we have findings of fact on the variance at this time
because the variance is only heard by the City Council.
Bentley: This is for the annexation and zoning.
Crookston: I Know but Van said he wanted to hear all of the applications in that one
session. That is why I mention that.
Corrie: 1 think he wanted to enter his testimony at that time, we still have to have a
public hearing on the variance yet, is that correct?
• Meridian City Council* •
October 7, 1997
Page 31
ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Yea, Tolsma — Absent
MOTION CARRIED: All Yea
Corrie: Entertain a motion for the decision and recommendation.
Morrow. Mr. Mayor, the City Council of the City of Meridian approves for annexation and
zoning under the conditions set forth in these findings of fact and conclusions of law.
(inaudible) assigns, heirs, executors or personal representatives (inaudible) that if the
applicant is not agreeable with these .findings of fact and conclusions of law and is not
agreeable with entering into a development agreement the property should not be
annexed.
Rountree: Second
Corrie: Motion made and seconded on the decision and recommendation as read, any
further discussion. Hearing none all those in favor of the decision and recommendation?
Opposed?
MOTION CARRIED: All Yea
ITEM #13: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR
TURNBERRY SUBDIVISION, 134 LOTS BY BENCHMARK LAND CO. — BLACK CAT
ROAD BETWEEN USTICK AND CHERRY LANE:
Corrie: I will open the public hearing and I will accept the testimony that you gave during
the annexation and zoning.
Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: I would like to incorporate my testimony from the previous hearing into this
hearing.
Corrie: Anybody else from the public that would like to enter testimony for the
preliminary plat? Hearing none, Council any questions or discussion. We will by the
way have to go back and do an ordinance for the annexation and zoning. Council any
questions?
Morrow. My only question would be to Shari and Gary, everything on the preliminary
plat as proposed to you is acceptable technically?
Stiles: Yes it is to me.
Morrow. Gary your response is yes?
Meridian City Council
October 7, 1997
Page 31
0
ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Yea, Tolsma — Absent
MOTION CARRIED: All Yea
Corrie: Entertain a motion for the decision and recommendation.
Morrow. Mr. Mayor, the City Council of the City of Meridian approves for annexation and
zoning under the conditions set forth in these findings of fact and conclusions of law.
(inaudible) assigns, heirs, executors or personal representatives (inaudible) that if the
applicant is not agreeable with these findings of fact and conclusions of law and is not
agreeable with entering into a development agreement the property should not be
annexed.
Rountree: Second
Corrie: Motion made and seconded on the flavor of the decision andecision and ae'commendation?
on as read, any
further discussion. Hearing none all those m
Opposed?
MOTION CARRIED: All Yea
ITEM #13: PUBLIC HEARING: REQUEST LANDPRELIMINARY COBLACK CAT
PLAT FOR
TURNBERRY SUBDIVISION, 134 LOTS BY BENCHMARK
ROAD BETWEEN USTICK AND CHERRY LANE:
Corrie: I will open the public hearing and I will accept the testimony that you gave during
the annexation and zoning.
Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: I would like to incorporate my testimony from the previous hearing into this
hearing.
Corrie: Anybody else from the public that would
tdiscussionStestimony
We willfor
by the
preliminary plat? Hearing none, Council any qu questions or
way have to go back and do an ordinance for the annexation and zoning. Council any
questions?
Morrow. My only question would be to Shari and Gary, everything on the preliminary
plat as proposed to you is acceptable technically?
Stiles: Yes it is to me.
Morrow. Gary your response is yes?
Meridian City Council
October 7, 1997
Page 32
Smith: Yes
Corrie: I will close the public hearing for the preliminary plat, as you realize Mr. Morrow
(inaudible)
Morrow. I would like to step back and instruct the City Attorney to prepare an
annexation ordinance for the annexation and zoning of the 35.69 acres (inaudible).
Rountree: Second
Corrie: Motion made and seconded that we have the attorney draw up the annexation
and zoning ordinance, any further discussion? All those in favor? Opposed/
MOTION CARRIED: All Yea
Morrow: Mr. Mayor then moving forward to the request for preliminary plat, the
preliminary plat cannot move forward until the annexation ordinance has been adopted
and approved so then I would request that we table the preliminary plat until our
meeting of October 21 st.
Rountree: Second
Corrie: Motion has been made and seconded that we continue the public hearing on the
preliminary plat until October 21st, any further discussion? All those in favor?
Morrow. The motion was to table the preliminary plat, we finished the public hearing.
Corrie: I am sorry so we just need to table to October 21 st (inaudible). Any further
discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR TURNBERRY
SUBDIVISION BY BENCHMARK LAND CO., BLACK CAT ROAD, BETWEEN USTICK
AND CHERRY LANE:
Corrie: I will open the public hearing for the variance and you can state again or just
(inaudible).
Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: I would ask that you incorporate my testimony into this hearing also, my previous
testimony. If you have nny questions I would be glad to answer those.
0 0
MERIDIAN CITY COUNCIL MEETING: OCTOBER 7.1997
APPLICANT: BENCHMARK LAND CO. ITEM NUMBER: 12 A 13
REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION/ZONING/PRELIMINARY PLAT FOR
TURNBERRY SUBDIVISION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
COMMENTS
P A Z MINUTES FOR 8-12-97
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning & Zon4t Commission •
August 12, 1997
Page 23
Fishes: May I say this please, I don't know a bit more about than you guys do. All I know
is (inaudible) we haven't developed that piece of property yet. I say we because
undoubtedly I can't do it without you. To comply with everything that we need to do
there are going to be some variances, somebody is going to have to give sooner or later
on something because Ada County and just think my business is going to be down for a
year.
Johnson: My point is philosophizing about that at this body is kind of a waste of time.
Okay, anybody else that would like to come forward? Any comments from staff? If not I
will close the public hearing at this time. This is a conditional use permit request, it
would require findings of fact and conclusions of law.
MacCoy: Mr. Chairman, I would like to move this forward for findings of fact and
conclusions of law the item #8.
Borup: Second
Johnson: It is moved and seconded that we have the City Attorney prepare findings of
fact and conclusions of law on item #8 the request by Centennial motors, all those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 35.69
ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. —
BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE:
Johnson: I will open the public hearing and ask that the applicant or the applicant's
representative address the Commission at this time.
John Knight, 16325 Boons Ferry, Lake Oswego, OR, was sworn by the City Attorney.
Knight: Thank you for your patience, I appreciate the opportunity to speak before you
tonight. The request we have before you tonight is for annexation from County to the
City of Meridian and zoning from County zoning to city zoning of R-4. We are also
requesting a preliminary and we sent out some new copies which you should have
received in your packet, requesting 118 lots. The minimum lot size is 8,000 square foot
and all of the lots meet that lot size. Quite a few of the lots are over that, there are
several 8,000 lots but there are also quite a few 9,000 and a few 10,000 square foot
lots. We tried to develop a sense of community and we have had an opportunity to meet
with staff and listen to some of the comments that Shari Stiles had. I met with Shari
Stiles personally and also your engineer Bruce Freckleton address some of the
concerns that they have. One of the concerns that was raised by Shari was the fact that
very few of the subdivisions in town have provided street trees and we have a
landscaping plan which our consultant has brought tonight also. We have required and
Meridian Planning & Zoo Commission
August 12, 1997
Page 24
we will be requiring in the CC&R's and in our purchase agreement that all new homes
have two street trees along the street frontage to try and create a sense of real
community and we will have those placed of course up near the curb. Now our
opportunity to speak with Brian Jorganson who is on your Shade Tree Committee and I
believe I have met some of the things that the Shade Tree Committee is trying to
accomplish and I am going to meet with him again and talk a little bit about trying to
assist the committee in trying to develop some sort of shade tree ordinance. So I am
hoping we can use this as a good example of what we would be accomplishing and
what you can accomplish with a shade tree ordinance. There was also a comment that
Shari raised regarding the swales or the detention/retention basins the retention areas.
What we have done is we have provided the retention areas within the subdivision but
we have also provided some landscaping in those areas. In phase 2 of the subdivision
we have made an effort to provide a small tot lot type of facility. The target area that we
are looking at for the tot lot facility is like a two year old to a five year old type age. So
there would be something for the smaller children to do during the day time while the
holder children are at school. We appreciate all the support that we have had from the
staff the City staff and also the county staff. We have met with the Ada County Highway
department, met with them today and have talked with them several times over the
phone and I believe we have met all of their concerns and we are tentatively scheduled
for hearing on August 27 with their board. We have already passed the technical review
committee. I would like the opportunity to respond to any comments or questions that
come up during the process and hopefully I can do that later in the hearing if any issues
do come up. At this time I would like to pass it on to unless there .are any questions I
would like to pass it onto our consultant with Briggs Engineering and that gentleman's
name is Van Elg. I just say I look forward to building this community in Meridian and I
would be happy to answer any questions if there are any at this time.
Johnson: Okay, we will find out, any questions from the Commissioners? Thank you
Van Eig, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: If I could take a second I will this easel up here. I have a copy of the preliminary
plat over here also so some of you can reference each of them whichever is easiest for
you. You have before you as John mentioned a copy of Tumberry Subdivision, it is 118
buildable lots, 134 total lots within the development. As you can tell there are a number
of open space landscape lots that are provided for this. As John mentioned you can
see the design facilitates a very pleasant look when it comes to the layout for these
street trees that he has talked about. A great deal of effort and a great deal of time has
gone into the planning of this project. John has met and his cohorts have met with many
of the agencies here multiple times and as many of you know as consultants we
probably have met with them many more times trying to resolve various issues. There
haven't been a great number of issues with this project at this point. We have come in
with what we felt was a very good design, well thought out. We have addressed the
issues with the Ada County Highway District regarding right of way, future accesses,
stub streets, collectors, arterials, dedication of right of way. All of these issues have
Meridian Planning & Zoro Commission
August 12, 1997
Page 25
been discussed at great length and with great detail. Traffic engineering reports have
been provided to support the design of this project for future connections to other
projects or other land within the area to ensure that we are not land locking anyone or to
ensure that we provide them with appropriate access for the future. We have gone over
the staff comments and I believe that we have addressed each of them through the
comment letter that we sent back. I might point out that there is roughly 2.77 acres of
open space at this point within this project. As you can see in those two lots right there
we have provided some common area for pathway connection. It will also serve for
drainage areas and it will also serve for as a means of breaking up along block lengths
which is an important element of the Meridian Comprehensive plan or of the Meridian
zoning ordinance. So we tried to address all of those issues, total density of the project
is roughly three dwelling units per acre in an R-4 zone which allows four. So we have
come in with approximately 8% open space, three dwelling units per acre in an area
where we could have developed much higher. The zoning is compatible with typical
patterns within the development within the area and adjacent developments across the
street. I might also point out that as we discussed, you can see the large green areas
along the south and west boundaries of the project there is an irrigation ditch that runs
along those areas, the Safford sublateral. We have after discussing it with Shari we
have decided to identify those as separate lots. I also discussed this with the Nampa
Meridian Irrigation District. These lots will then serve as a means of buffering or
removing the residence from potential conflicts with the irrigation district uses on those
sites. The irrigation district access roads lie within that area and they are approximately
I believe 20 to 30 feet wide if I recall. One of the concerns that the irrigation district had
or some of the neighbors I guess is that some of the people might want to dump grass
clippings and so forth over the fence which would eventually clog the irrigation ditch or
cause problems. With this design they won't be able to reach it, they can't reach that
irrigation ditch to do it. They can't just dump over the fence, it would have to be a real
effort to do it, to go out of their way to do it. I talked to the client about fencing
requirements, Nampa Meridian Irrigation District as you are aware doesn't want to have
wood fencing along there but we have discussed some possible options or perhaps
putting a note on the face of the plat. The reason being is they use a combination of
methods to eliminate the weeds out there, burning and spraying. When they bum the
wood fence is history often and then they end up fighting attorneys trying to get to
resolve the fence issue and who is going to be rebuilding it. We discuss it in the
covenants but that still gets into a bad situation. So what we thought of is if we had a
note on the face of the plat that clearly identifies that the fencing would be the
responsibility of the homeowners association if burnt. It would be a very clear statement
on the face of the plat. Nampa Meridian Irrigation District didn't give us a clear head nod
but they said that is a good thought that is something to think about. So we will see
where we go with that. But, in any event, they would like to eliminate if possible a chain
link fence back there. It is certainly not the most attractive for a development of this
nature. But we will try to address that with staff and with the irrigation district if possible.
As you can see there are a number of crossings, there are three crossings in particular
that we have discussed with ACHD and with your staff. The one to the south and the
two to the west. What is going to happen there is the Ada County Highway District will
Meridian Planning & Zolh Commission 40
August 12, 1997
Page 26
require that we trust fund for the extension of those roads across the irrigation ditches
so that we can't eliminate the connection if the connection ever comes the funds will be
available for that connection. We also have to trust fund for the crossings of those
irrigation ditches in those locations. ACHD's I believe they have a draft copy of their
staff report as John mentioned we met with them again today to finalize some of the
issues involved with our staff report and I think everybody is singing from the same
page at this point. Pressure irrigation will be provided to the project at this point there is
an existing domestic well but I don't think it is going to provide adequate supplemental
irrigation is not large enough. Irrigation will be taken from the Safford lateral at the
southeast corner of the site. We are also looking at some other options, plan on meeting
with the developers of Ashford Greens and seeing if there is a possibility of tying into
their pressure irrigation system there and joining those two systems together. I am not
sure what type of supplemental irrigation they have. I believe Ashford Greens is on city
water if I am not, Gary is that correct for supplemental is Ashford Greens on City?
Smith: I am not sure right off hand if it is City, I know they have got a well on site that
they were planning on using to supplement their ditch water.
Elg: In any even we are trying to work out some options with that and link those
systems together as much as possible. Gravity irrigation, the existing ditch as
mentioned in the staff report we have a variance for the tiling of those ditches due to the
volume and slope and the required head to keep that water moving our engineers
believe the pipe will be greater than 48 inches in size and therefore we are submitting a
variance request. We have also discussed this with Nampa Meridian Irrigation District
and they said that they will concur with the engineering estimates. One thing that we
might point out is the internal road, you can see that we put a buffer on this main access
road that comes into the project. Buffers on each side, there is a tum lane, turning
lanes for ingress and egress from the site. The road is designed as a collector all the
way into the internal, that full length of the road that road is a collector road. That was
designed with specific purpose in mind to help the traffic that is flowing from other sites
from surrounding properties as it flows in and concentrates that becomes a collector as
it goes out onto Black Cat Road. The buffering is there to help minimize any impacts
with that, improve the looks of the project and no lots will front on that street. With that I
think I will open myself up for any questions that you might have and reserve time at the
end if there are additional if some of the other public might want to talk.
Johnson: Any questions of Mr. Elg? Anyone else that would like to address the
Commission on this application?
MacCoy: Well, in the first place you are an old hand at this and I do appreciate the way
you present because you work the same direction we work. You mentioned the fact
that you have read and digested the staff report and you have come with answers for
everything so that helps us out a lot when you say that because there are a lot of
questions that come out of what we do that are now null and void as far as we have to
ask the questions. I also complement you on the, in fact your very last item for your
Meridian Planning & Zoa Commission
August 12, 1997
Page 27
collector. I thought that was a good approach you came up with there. Also I like the
fact that you are talking about your being able to dump the grass clippings over the top
that is one of the things we hear all of the time how that really screws things up for
everybody. When some individual doesn't think or they think and they are getting away
with something we will try that and at least you have done the homework which we
appreciate. Checking your lot size and home size, you have some in at baseline and
gone up from there. I think you will have a very nice living area over there because of
that. I had a question on your chords, you have got 40 feet fronts on your chords and of
course that is what you have to do considering the way you have designed that. I am
just curious in one sense here at this moment is how you came up with that, using the
chord idea.
Elg: Stroke of genius (inaudible) one thing I might point out about those chords, the
landscape plan does not show any trees around there but we will probably end up
putting trees on there too they have discussed that.
MacCoy: Where is this tot playground? Right in there, it.says common lot (inaudible).
Elg: That is the only common play area other than the sidewalks or pathways that lead
between the two streets on the north and south sides of the project. There will be some
grassy area in there.
Borup: The plat shows a landscape easement between Lot 7, 1 was just curious what
the purpose of that was. It doesn't show it on your landscape plan it shows it on Lot 7
right where you were pointing to there. It is right here.
Elg: That was my not so creative stroke of genius, we had initially planned on putting a
landscape lot here right at the end of this collector that would as a visual screening
there but since this time I think the developer has decided that is, it makes the lot more
awkward those two lots for access so we will probably end up removing that lot there.
There is one other common lot in question as part of the staff report and we may want
to just discuss that.
Borup: The sewer one, up there on the north end.
Elg: Correct, the NE comer of the site there out to Black Cat.
Borup: Has that been discussed with the City Engineer is there an alternative on
running the sewer or you don't know at this point?
Elg: I think we are going to end up probably doing it with the common lot if possible. The
reason being our engineers have gone back and looked over it. We have even talked to
ACHD about dedicating it as right of way and calling it alley or something and blocking it
off but they wouldn't go for it. The, one of the problems with bringing that, those utilities
back down around is I think we end up installing another 700 or 800 feet of line and by
Meridian Planning & ZoA Commission
August 12, 1997
Page 28
doing that Dean Briggs estimated it would probably end up having we would lose
another 4 feet in depth and we would end up having to fill the back site with 3 to 4 feet
of fill to make that work and it will be very expensive to do that.
Borup: It looks like, you are really relocating the Safford Lateral on the south?
Elg; No that will stay
Borup: The plat made a reference of constructing the gravity irrigation so I didn't know
Elg: The plat that you have actually got may refer to a gravity irrigation line that goes
along the Safford lateral there, it is not. That line is there as per Meridian Ordinance but
we requested the variance to leave the ditch open because of its size.
Borup: The mention the trees is going to be in the covenants or the species and size in
the covenants as well (inaudible)
Elg: They will be
Borup: How is that handled on the
Elg: The trees that we have got here I believe these are all, let's see these are the
flowering pears, they will be about 25 to 35 feet high with a spread of about 25 to 30
feet I guess for the spread of this flowering pear. They run the length of this road here,
we have Lindens in the back here which will be a taller tree, more foliage probably,
more vertical I believe. Then there is a maple which will be on the inner development
here or the inner neighborhood. They will probably have about a similar height to the
flowering pear.
Borup: So the trees are specified then on which
Elg: And they will be built, I will let John answer that, he has been talking with the land
group, many of you have met with them before Dave Koga designed the landscape plan
for us and has been in discussions with John Knight about that.
(End of Tape)
Knight: (Inaudible) try and set this off in some fashion and one of the concepts I
discussed with David Koga our landscape architect is to develop a street tree theme
that would create a hierarchy so that you would have the ability in the spring time we
were looking at the Santa Clara pears and in the spring time they will have a nice
consistent flowering treatment. So eventually you will be able to drive from the property
through here and you will have that nice tree lined effect with the flowering pears. And
then in the internal streets we were looking for a nice large shade tree so you will have
a nice consistent theme as you go around the loop here with the Santa Clara pear. We
Meridian Planning & Zore Commission
August 12, 1997
Page 29
may actually change that tree there. The way we will deal with that is we will put it in the
CC&R's and we will specifically identify the street and we are going to try to choose
common trees so that if the do die they have the ability to go down and get them from a
local nursery if they need to.
Borup: So as each house is built the trees go in at that point?
Knight: We haven't figured out exactly how we are
Borup: That is what I was wondering or I have seen some where the developer has
provided the trees and then had an additional charge on top of the lot price.
Knight: There are different ways to do that the best way to do it from the tree standpoint
is to try and get a big group of them all at once. The way to do that is you contract with a
local nursery for the trees and then you send your home builders down to get the tree at
the time they finish maybe a group of lots and put them in all at once at the right time.
The other way to do it and many cities do this is you. simply require them at time of
occupancy of the house so you can go out there and look at it and the tree is in place.
We haven't figured out the logistics exactly how we will do that. Ideally we will contract
with a local nursery and just send the home builder down to go get his two trees and put
them in the ground.
Borup: That has the potential of being a beautiful project when that grows out.
Johnson: Thank you both, anyone else, last chance to testify on this application.
Seeing no one then I will close the public hearing at this time. This will require findings
of fact and conclusions of law.
Borup: Mr. Chairman, I move the City Attorney prepare findings of fact and conclusions
of law on this application.
MacCoy: Second
Johnson: We have a motion and a second to have the City Attorney prepare findings of
fact and conclusions of law all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR
TURNBERRY SUBDIVISION, 134 LOTS BY BENCHMARK LAND COMPANY —
BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE:
Johnson: I will now open this public hearing and invite the applicant to request us to
incorporate his prior remarks into this public hearing so he doesn't have to repeat
himself if he would like to do so.
Meridian Planning & Zore Commission
August 12, 1997
Page 30
John Knight, 16325 Boonsfery Rd, Lake Oswego, OR, was sworn by the City Attorney.
Knight: I would like to simply incorporate my remarks from the previous hearing and
again will be available to answer any questions. Thank you
Borup: The new plat that you submitted Block 2 changed to Block 3.
Knight: Yes there is a repetition of block we will get that straightened out.
Johnson: Thank you Mr. Knight, Mr. Elg would you like to do the same?
Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: I would ask that you incorporate my testimony from, the previous hearing for the
annexation and rezone into the preliminary plat hearing tonight, and that of Mr. Knight.
Johnson: We did that already, anybody else? I will close the public hearing at this time.
This would traditionally require tabling since we haven't acted on the annexation and
zoning.
MacCoy: Mr. Chairman, I propose that we table this one until the findings of fact can be
completed on the first section, September 9.
Borup: Second
Johnson: We have a motion and a second to table item #10 to a date certain of
September 9, 1997 our next scheduled meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
FIVE MINUTE BREAK
ITEM #11: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO R-40 BY
LEE CENTERS — WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING
ALLEY:
Johnson: At this time I will open the public hearing and if there is a representative for
the applicant please. come forward at this time.
David Bailey, 870 N. Linder, Suite B, Meridian, was sworn by the City Attorney.
Bailey: Good Evening Mr. Chairman, we had a little scare there for a minute, we
thought that crowd was here for us they seem to have decided that vire were alright and
left. As I said I am representing Lee Centers this hearing is for the rezone from R-15 to
Re: Annexation and Zoning to R-4 with a Preliminary Plat for Turnberry Subdivision, 118
Single-family Building Lots on 35.69 Acres by Pacific Land Management
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council.-
GENERAL
ouncil:
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. A variance for tiling has been
submitted for the Safford Lateral.
2. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-
domestic
ondomestic purposes such as landscape irrigation.
3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil
conditions as prepared by a soil scientist with street development plans.
4. Provide five-foot- wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
5. Water service to this development is contingent upon positive results from a hydraulic analysis
by our computer model.
6. Submit a revised letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
7. Coordinate fire hydrant placement with the Meridian Public Works Department.
TURMERRYSUB.PP.DOC
OFFICIALS
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
WILLIAM G. BERG, JR., City Clerk
A Good Place to Live
WALT W. MORROW, President
RONALD R. TOLSMA
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
CITY OF MERIDIAN
ARLES
C GLENN M ROUNTYEE
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
MERIDIAN, IDAHO 83642
P & Z COMMISSION
PATTY A. WOLFKIEL, DMV Supervisor
Phone (208) 888-4433 • FAX (208) 887-4813
JIM JOHNSON, Chairman
KENNETH W. BOWERS, Fire Chief
Public Works/Building Department (208) 887-2211
GREG OSLUND
W.L. 'BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
Motor Vehicle/Drivers License (208) 888-4443
MALCOLM MACCOY
KEITH BORUP
ROBERT D. CORRIE
RON MANNING
Mayor
MEMORANDUM:
August 4, 1997
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer
Shari Stiles, P&Z Administrator
Re: Annexation and Zoning to R-4 with a Preliminary Plat for Turnberry Subdivision, 118
Single-family Building Lots on 35.69 Acres by Pacific Land Management
We have reviewed this submittal and offer the following comments, as conditions of the
application. These conditions shall be considered in full, unless expressly modified or deleted by
motion of the Meridian City Council.-
GENERAL
ouncil:
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. A variance for tiling has been
submitted for the Safford Lateral.
2. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-
domestic
ondomestic purposes such as landscape irrigation.
3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil
conditions as prepared by a soil scientist with street development plans.
4. Provide five-foot- wide sidewalks in accordance with City Ordinance Section 11-9-606.B.
5. Water service to this development is contingent upon positive results from a hydraulic analysis
by our computer model.
6. Submit a revised letter from the Ada County Street Name Committee, approving the
subdivision and street names. Make any corrections necessary to conform.
7. Coordinate fire hydrant placement with the Meridian Public Works Department.
TURMERRYSUB.PP.DOC
0
Mayor, Council and P&Z
August 4, 1997
Page 2
•
Respond, in writing, to each of the comments contained in this memorandum by 12:00 P.M.,
August 8, 1997. 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
Sanitary sewer service to this site will be via an extension of a trunk line system to be built
to the lift station in Ashford Greens Subdivision. Approval of this application needs to be
contingent upon our ability to accept the additional sanitary sewage generated by this
proposed development. Applicant will be responsible to construct the sewer mains to and
through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Sewer manholes are to be provided to keep the
sewer lines on the south and west sides of centerline.
2. Water service to this site will be via extensions of existing mains installed in adjacent
developments. Applicant will be responsible to construct the water mains to and through this
proposed development. Subdivision designer to coordinate main sizing and routing with the
Public Works Department.
3. The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the
front of house only on lots that have a side(s) that don't meet the minimum frontage required
by the particular zone, or when there is concern with aesthetics. Provide lot dimensions of
all lot lines so it can be determined if arrow symbols need to be added. Corner lot frontages
are determined by the line segment length plus one-half of the chamfer or curve length. For
example, Lotl, Block 5; Lot 15, Block 1; Lots 13 and 14, Block 3; Lots 1 and 3, Block 9;
Lot 2, Block 4; Lot 1, Block 4; Lot 14, Block 2; and Lots 13 and 14, Block 6, would need
arrow symbols added in the current configuration. A variance application has been submitted
for lots on curves that do not meet minimum frontage requirements.
4. Lot 9, Block 2, does not meet the minimum chord length of 40 feet.
5. Identify the source of the pressurized irrigation system. Any proposal for a supplementary
connection from the City's water system will need to reviewed closely due to the size of the
area to be watered. The developer shall be responsible for the payment of assessment and
meter fees associated with said supplementary connection.
6. 250- and 100 -watt high pressure sodium street lights will be required at locations designated
by the Public Works Department. All streetlights shall be installed at subdivider's expense.
Typical locations are at street intersections and/or fire hydrants.
TURNBERRYSUBYP.DOC
' a �J'�.� �,R
r i ,� �, f
k�
Mayor, Council and P&Z
August 4, 1997
Page 3
7. Please identify the locations where open detention ponds are proposed to be utilized. The
City has been experiencing problems with groundwater in drainage areas, particularly those
without an outflow to an existing drainage system.
8. A detailed landscape plan for the common areas shall be submitted for review and approval
prior to the submittal of the final plat map. A letter of credit or cash surety will be required
for the improvements prior to signature on the final plat.
9. Construct six -foot -high, permanent, non-combustible perimeter fencing except where the City
has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place
prior to applying for building permits.
10. A development agreement is required for this project, as a condition of annexation of the
property.
11. Correct spelling of the Safford Lateral on the plat.
12. Crossings will need to be built at the west ends of Tournament and Classic Drives, as well as
the south end of O'Conner Way. The Ada County Highway District will require that deposits
be made for future construction of these crossings, with construction taking place when the
property to the west is developed. Fencing should be continued across these stub streets.
Sewer and water shall also be stubbed to the subdivision boundary at these locations.
13. Can the sewer and water be designed so that there isn't a need to exit the development
through a common lot?
14. The preliminary plat map is required to carry the stamp, signature and date of the professional
engineer that has done the -preliminary design.
TURNBERRYSUB.PP.PW
11::NPACIFIC'
6, LAND MA NAG E ME NT
A DIVISION OF PACIFIC. SANTA FE CORPORATION
Shari Stiles
City of Meridian
33 E. Idaho Street
Meridian, Idaho
83642
February 11, 1998
Dear Shari:
0
R,EcEvED
FEB 13 1998
CITY OF MERIDIAN
PLANNING & ZONING
Attached you will find the latest draft of the CC & Rs for Turnberry Subdivision (dated
February 11, 1998). I have made the following changes:
3.3 Building Size: I have increased the minimum two story square footage from 1,600
sq. ft. to 1,700 sq. ft.
3.9 Animals: I have added a new section (3.9 e.) which requires compliance with
applicable City ordinances relating to animals.
6.3 Payments and Collection of Assessments: I have increased the initial assessment
from 25% to 100% based on the recommendation of our property management
company.
Please call me at 503-670-5437 if you have any questions or need additional information.
Sincere
Knight
Project Manager
Attachment: CC & Rs
17700 SW Upper Boones Ferry Road, Suite 100 Portland, Oregon 97224-7010
503-670.9300 Facsimile: 503-670-9400
0
•
F�
CE'D
DECLARATION OF COVENANTS, CONDITIONS AND REST TIONS
FOR TURNBERRY SUBDIVISION NO. 1 FEB 13 1998
UPDATED: February 11, 1998 CITY OF MERIDIAN
PLANNING & ZONING
THIS DECLARATION is made this day of 1998, by BENCHMARK LAND
COMPANY — MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company ("Declarant').
WHEREAS, Declarant is the record owner of that certain real property in the County of Ada, and State of
Idaho (the "Property"), more particularly described at "Exhibit A" annexed hereto and by this reference
incorporated herein. The Property is or will be lawfully subdivided into a total of sixty-one (61) individual,
buildable lots and seven individual, non -buildable lots, together with certain other easements, rights-of-way,
streets and other improvements more particularly described and defined by the recorded plat to be called
"Turnberry Subdivision No. 1" and
WHEREAS, the land comprising the Property is part of a larger parcel of land which it is the intention of
the Declarant to develop in the future in one or more phases as a residential community or neighborhood which
will be commonly known as "Turnberry Subdivision"; and
WHEREAS, it is the purpose of this Declaration to subject the Property and all portions thereof, and
those portions dedicated to the public by virtue of recording of the Plat or otherwise, to the conditions, covenants,
restrictions, reservations and easements herein set forth or described for the purpose of enhancing and
protecting the value, livability and aesthetic quality of the residential development which will be constructed and
occupied on the Property and the land which may be eventually included in future phases of the Turnberry
Subdivision community above-mentioned; and
WHEREAS, this Declaration and the conditions, covenants, restrictions, reservations and easements
herein set forth and/or described shall, and do hereby, constitute covenants to run with the land comprising the
Property and shall be and remain binding upon and inure to the benefit of all present and future owners of the
Property and each individual lot, parcel and tract created by subdivision thereof as aforesaid,
NOW THEREFORE, BENCHMARK LAND COMPANY — MERIDIAN (QUENZER), L.L.C., does hereby
declare the Property subject to the following:
COVENANTS, CONDITIONS AND RESTRICTIONS
ARTICLE I. Definitions
As used in this Declaration the following words or terms shall have the following meanings:
1.1 "Association" means and refers to the Turnberry Subdivision Owners Association formed and
administered as, and for the purposes, described in Article V of this Declaration.
1.2 "Building Site" means and refers to a Lot, or to any tract or parcel within the boundaries of the Property
in private ownership which consists of a portion of a Lot, or contiguous portions of two or more Lots, when and if
a building is constructed thereon.
1.3 "Committee" means and refers to the Architectural Review & Control Committee formed and
administered as and for the purposes described in Article IV of this Declaration.
1.4 "Common Property" means and refers to:
a. Any real property or interest in real property within the Property which is owned or leased by the
Association or owned as tenants in common by the Owners, or designated in this Declaration for transfer to, or
acquisition by, the Association;
b. Seven (7) non -buildable lots indicated as Lot 1, Block 1; Lot 1, Block 2; Lot 1, Block 3; Lots 5
and 11, Block 5; Lots 2 and 9, Block 6, Turnberry Subdivision No. 1, Ada County, Idaho.
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS, AND RESTRICTIONS
Page - 1
C. All lands lying within any public right of way within or contiguous with the boundaries of the
Property, which it is now, or at any time hereafter becomes, the responsibility of the Association to manage, care
for or maintain for the benefit of the public or members of the Association, or both; and
d. All lands lying within or outside the boundaries of the Property or of any Lot or Lots now existing
or hereafter created within the Property which, by virtue of the terms and provisions of this Declaration or
otherwise, the Association is, or may become, responsible to manage, care for or maintain. The lands subject of
the foregoing sentence shall include, but are not limited to, any parcel or parcels of land and facilities situated
within or outside the boundaries of the Property committed to use for treatment, retention, infiltration or
conveyance of storm or surface water accumulated or originating on the Property or any portions thereof which it
is or becomes the obligation of the Association to manage, care for and/or maintain.
e. "Common Property" also means personal property, tangible and intangible, of any description
including, without limitation, funds, contract rights, stocks, bonds, investment receipts, securities, security
interests, collateral, claims, causes of action or suit, and generally any and all interests in property other than
real property, whether cognizable at law or in equity, now owned or at anytime hereafter acquired by or vested in
the Association or in the Owners collectively or as tenants in common.
1.5 "Declarant" means the Declarant named above and its successors and assigns if such successors or
assigns acquire all of Declarants rights under this Declaration pursuant to a recorded instrument executed by
Declarant.
1.6 "Declaration" means this Declaration Of Covenants, Conditions And Restrictions For Turnberry
Subdivision and each and all of the terms and provisions herein contained as of the date the same is duly
recorded in the official records of Ada County, Idaho, as the same may be modified, amended, supplemented or
otherwise revised in accordance with the terms and provisions hereof and/or by recordation of any declaration by
which additional lands or premises may be annexed to the Property subject hereof as contemplated and
provided for at Article II below set forth.
1.7 "Dwelling Unit" means and refers to any building or structure located on a Building Site constructed,
used, or adaptable for use, for occupancy as a residential dwelling under applicable zoning and building laws
and restrictions, including, without limitation, any structure or building commonly referred to as a "single family
detached" residence or home.
1.8 "General Actions of the Association" means and refers to any action on the part of the Association, duly
effected by vote of no less than the Owners of two-thirds of all Lots now or hereafter subject of this Declaration,
which allows, authorizes or conditions, and/or restricts, limits or prohibits, any use, condition or activity affecting
or within the Property and which applies to all Lots then subject of this Declaration.
1.9 "Lot" means and refers to any individually platted tract of land shown by any recorded subdivision plat or
map of the Property and to any portion of the Property in private (as distinguished from public) ownership
consisting of a portion of one or more Lots and/or contiguous portions of two or more Lots, upon which a single
Dwelling Unit has been constructed or exists.
1.10 "Plat" mean the final plat entitled "Turnberry Subdivision No. 1" LOCATED IN THE NORTHEAST % OF THE
SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO"
recorded in the official records of Ada, State of Idaho, as shown by Book of Plats at Pages
and records of Ada County, Idaho.
1.11 "Purchaser" means the person(s) or party(ies) to whom a Lot is first conveyed by the Declarant.
1.12 "Owner" means the person(s) or party(ies), including Declarant and any Purchaser, owning beneficial
title to any Lot (including the holder(s) of a vendee's interest under a land sale contract), but does not include a
tenant or the holder of a leasehold interest or any party holding only a security interest in a Lot (including the
holder of a vendor's interest under a land sale contract). The rights, entitlements and obligations granted to or
imposed upon an Owner by virtue of the terms and provisions of this Declaration commence to exist upon
acquisition of record title to any Lot by any means, voluntary or involuntary, and terminate upon transfer or
conveyance of such record title by any means, voluntary or involuntary. Transfer or conveyance of title or any
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 2
beneficial interest in a Lot shall not operate to discharge or release the transferor(s) from any obligation incurred
as an Owner prior to record transfer or conveyance of such title or beneficial interest.
1.13 Other Definitions Other or additional words or terms which are initially capitalized and enclosed in
quotation marks the first time they appear in the text of this Declaration shall have the meaning ascribed thereto
by the terms or context in which they first appear.
ARTICLE II. Annexation Of Additional Property
2.1 Annexation: Declarant may, from time to time, and at its sole discretion, annex to the Property subject of
this Declaration any adjacent property and/or future phases of the development now or hereafter owned or
acquired by it, and may also from time to time, and in its sole discretion, permit other owners of land adjacent to,
contiguous with, or in the vicinity of, the Property to annex some or all of such land owned by them to the
Property subject of this Declaration.
2.2 Procedures: Annexation of such land shall be accomplished by recording a declaration executed by, or
bearing evidence of the approval of, Declarant, which shall: (i) describe the property to be annexed, (ii) establish
any additional or different limitations, restrictions, covenants and conditions intended to pertain exclusively to all
or any portion the land annexed thereby, and (iii) declare that such property is held and will be held, conveyed,
hypothecated, encumbered, used, occupied and improved subject to the terms and provisions of this Declaration
as modified, amended or supplemented by any such additional or different limitations, restrictions, covenants and
conditions.
2.3 Activation. Upon recording of such declaration(s), the lands therein described shall become a part of the
Property for purposes of the terms and provisions of this Declaration.
ARTICLE III. Conditions and Restrictions on Uses
3.1 Buildings Permitted: No building or structure shall be created, constructed, maintained or permitted
upon the Property except upon a Building Site, and no building or structure shall be erected, constructed,
maintained or permitted on a Building Site other than a single family detached Dwelling Unit, except that
appurtenances to any Dwelling Unit, such as private garages, garden houses or similar structures, architecturally
in harmony therewith, and of permanent construction, may be erected within the building limits hereinafter set
forth. No "Manufactured dwelling" or "Manufactured home", shall be installed or allowed to remain on any
Building Site except as a temporary shelter or office facility for use by persons engaged in construction of one or
more Dwelling Units on the property during the course of actual construction thereof, or as a temporary sales
office for use of Purchasers, or real estate licensees representing Purchasers, engaged in marketing of new and
unused Dwelling Units constructed or under construction elsewhere on the Property.
3.2 Completion of Construction: The construction of any Dwelling Unit, including painting and all exterior
finish, shall be completed within nine calendar months from the beginning of construction so as to present a
finished appearance when viewed from any angle. In the event of undue hardship due to extraordinary weather
conditions, the Committee shall extend the time for completion of construction stated immediately above for a
reasonable period of time upon written request of the party or parties otherwise responsible for, or engaged in,
completing such construction. Building Sites and streets shall be kept reasonably clean and in workmanlike
order during construction of Dwelling Units and related improvements thereon and the Owner of each Lot shall
be responsible for any and all damages to curbs, streets and utilities occasioned by activities associated with
construction of any Dwelling Unit or other improvements on such Owner's Lot(s). No less than sixteen feet of
clear width for vehicular travel on all abutting streets must be maintained to provide access for emergency
service vehicles at all times during construction or installation of any improvements on any Lot.
3.3 Building Size: No single story Dwelling Unit may be erected on a Building Site unless it contains a
minimum of 1,400 square feet of enclosed heated floor area intended for residential occupancy and use,
exclusive of unfinished attic spaces and crawl spaces, open porches, garages, garden houses and other free
standing appurtenant structures. In the case of a Dwelling Unit having more than one living level, the combined
square footage of enclosed heated floor area on all living levels combined shall not be less than 1,700 square
feet unless approved by the Committee.
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 3
3.4 Exterior Siding & Trim Materials: Exterior siding and trim materials utilized on Dwelling Units shall be of
cedar, redwood, cementitious lap siding sized, shaped and textured to resemble natural wood, stucco, synthetic
stucco or plaster (Drivit® or equal), masonry, masonry veneer and combinations of such materials as may be
approved by the Committee as provided for in Article IV below. Other siding materials will be permitted only if
specifically authorized in writing by, and in the sole discretion of, the Committee. However, vertical grooved (7-
1 type) and other forms of panelized siding materials are not permitted.
3.5 Roofs: Roofing material must be of wood shake, wood shingle, concrete tile, ceramic tile, or a minimum
thirty year architectural -grade composition shingle. Except for roofs of wood shake or wood shingle, the
dominant roofing color shall be black or dark gray unless otherwise approved by the Committee. All flashing
must be painted. The roof shall have a minimum of a six/twelve (6/12) slope.
3.6 Garages: Each Dwelling Unit shall incorporate an integral or attached garage designed to enclose a
minimum of two, and a maximum of three, automobiles, unless otherwise approved by the Committee. Carports
are not permitted
3.7 Exterior Colors: All colors and color schemes which will be applied to the exterior of any Dwelling Unit
or other improvements constructed on a Building Site must be approved in advance by the Committee. No
combination of exterior siding and trim coloration of a Dwelling Unit may be repeated on any other Dwelling Unit
within the Property without advance written approval of the Committee. In granting or denying such approval, the
Committee's determinations with respect to both the aesthetic desirability of the proposed color scheme and the
proximity of other Dwelling Units which exhibit color schemes the same or substantially similar to the color
scheme proposed for approval shall be final and conclusive for all purposes.
3.8 Fencing and Hedges: As used herein, "fencing" or "fences" means any barrier or wall constructed or
located anywhere on the Property consisting primarily of materials other than living plants.
a. Subdivision Perimeter Fences. Declarant shall construct a perimeter fence exterior of this
subdivision property in such locations as required by the conditions of approval of the City of Meridian (except for
entrance or exit or where omitting such fencing is permitted by the local governmental agencies). After Grantor
has transferred title to any lot which contains a portion of this perimeter fence it shall be the responsibility of the
owner of the lot to maintain, repair and/or replace the fence as needed; repairs and/or replacement shall be
performed so as to keep the perimeter fencing uniform, attractive and harmonious.
b. Other Owner Fences. Sight obscuring plantings such as hedges, and fences, shall not exceed
three feet in height in the front yard areas between any location less than six feet behind the front wall plane of
the Dwelling Unit furthest from the street and the street; or less than five feet from the property line in side yards
facing a street on any corner Lot. Unless greater height is expressly approved by the Committee, the maximum
height of site obscuring plantings and/or fences located elsewhere on any Lot is six feet and must otherwise
comply with any applicable ordinances. Trellises located on or immediately adjacent to, and parallel with, the
exterior walls of a building are not subject to these limitations.
C. Fence Material. Unless otherwise approved in writing by the Committee, fences shall be
constructed of brick, natural stone and/or wood constructed in "good neighbor" style with wood cap. Wooden
components of fences must be sealed with a clear wood finish or stain in harmony with Dwelling Units located
nearby and shall not be permitted to "weather" excessively. Entry monumentation and fencing installed by or for
the Declarant is not subject to the requirements of this section.
3.9 Animals: No insects, mammals, reptiles, amphibians, fish or birds of any kind shall be raised, bred or
kept on any part of the Property, except a reasonable number of common household pets may be kept or
boarded on any Lot so long as such pet(s) are reasonably controlled so as not to constitute any nuisance or
inconvenience to Owners and other residents of the Property. Provided, however:
a. No pet may be kept, boarded, bred or maintained on any Lot or elsewhere on the Property for
commercial purposes nor may any pet of a kind which is customarily kept, housed, caged or penned outdoors be
kept or boarded on any Lot (e.g., horses, ponies, pigeons, chickens, ducks, geese, swine, etc.).
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 4
b. No pet shall allowed by the owner or custodian thereof run at large on the Property or to enter
upon any Lot not owned by such owner, or occupied by such custodian, without the express permission of the
Owner or resident(s) of such Lot. Whenever any pet is on the Property outside of the boundaries of the Lot
which its owner or custodian resides upon or regularly occupies, such pet shall be caged, leashed, tethered or
otherwise physically restrained under the direct and immediate control of its owner or custodian at all times.
C. All and any damage, inconvenience or unpleasantness occasioned by the keeping or behavior
of any pet shall be the responsibility of owner(s) and/or custodian(s) thereof. The owner or custodian of a pet is,
at all times, responsible to immediately remove and properly dispose of wastes eliminated by such pet anywhere
on the Property where the same may be objectionable to other Owners and residents thereof.
d. The Association may levy fines in the event of violation of any of the foregoing provisions of this
section and any losses, damages or expenses suffered or incurred by any person due to the keeping or behavior
of any pet on the Property, shall be recoverable by such person from the Owner(s) of any Lot upon which such
pet is present or kept with the knowledge or consent of such Owner(s) or usual residents of such Lot.
e. Owners or resident(s) shall comply with all applicable City of Meridian ordinances relating to
animals, including but not limited to the maximum number of dogs and cats allowed on the Property.
3.10 Unlawful and Offensive Activities Prohibited.
a. No unlawful or offensive activities shall be permitted or carried upon any Lot or elsewhere on the
Property by any Purchaser or Owner of any Lot, or by any resident or other person(s) present on the Property at
the invitation or sufferance of any such Purchaser or Owner.
b. Nothing shall be done or placed on any Lot or elsewhere on the Property by the Purchaser or
Owner of any Lot, or by any resident or other person(s) present on the Property at the invitation or sufferance of
such Purchaser or Owner, which constitutes a nuisance or which otherwise unreasonably interferes with or
jeopardizes the use or enjoyment of any other Lot or any portion thereof, or which is a source of persistent
annoyance to other Owners or residents of the Property.
C. No noxious or offensive odors shall be permitted to emanate from a Lot to other Lots and no
noises or sounds which are unreasonably offensive or bothersome due to the nature or volume thereof and/or
the time(s) they occur may be permitted to emanate from any Lot.
d. Any losses, damages or expenses suffered or incurred by any person due to violation of any of
the foregoing provisions of this section shall be recoverable by such person from the Owner(s) of the Lot who
committed such violation(s) or by whom the person(s) who committed such violation(s) were invited, or suffered,
to reside upon or be present on the Property at the time such violation(s) shall have occurred. The Association
may levy fines on such Owner(s) for violation of such provisions.
3.11 Business and Commercial Uses Limited. Except in conformity with General Actions of the Association,
and subject always to all applicable governmental ordinances, agreements and land use approvals applicable to
the Property, no trade, craft, business, profession, commercial or similar activity of any kind shall be conducted
on any Lot (including, without limitation, operation of a day care facility), nor shall any goods, equipment,
business or commercial vehicles obviously identifiable as such, or materials or supplies used in connection with
any trade, service or business be kept or stored on any Lot. However, this section does not restrict or prohibit
any of the following described actions or activities:
a. Activities relating to the sale of Lots or the rental or sale of Dwelling Units.
b. Construction, reconstruction, repair or maintenance of Dwelling Units or other improvements on
any Lot or the storage or use construction materials and equipment on such Lots in the normal course of such
activities otherwise conforming with the other provisions of this Declaration.
C. Keeping and maintaining any business-related or professional personal library; keeping and
maintaining personal, business or professional records or accounts; engaging in personal, business or
professional telephone calls or other correspondence; communicating or conducting financial, professional,
business or commercial transactions by computer, facsimile or other electronic devices not requiring outdoor
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 5
antennas or receiving or transmission devices, and/or meeting and conferring with business or professional
associates, clients or customers, provided such activities are conducted entirely within the confines of a Dwelling
Unit located on such Lot and such activities do not impair access to other Lots or use of on -street parking space
abutting any other Lot.
d. Parking or storage of a business or commercial vehicle obviously identifiable as such entirely
within an enclosed garage located on such Lot.
3.12 Parkinq and Storage of Certain Motor Vehicles Prohibited. No motor vehicle in an obvious state of
disrepair shall be placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway
or sidewalk within or abutting the Property. Owners and residents of Lots shall refrain from utilizing street
parking areas for purposes of parking their vehicles, regardless of condition, whenever possible - street parking
areas are provided primarily for purposes of providing space for parking by guests and invitees of Property
residents.
a. A motor vehicle shall be deemed to be in an obvious state of disrepair if and when the
Committee reasonably determines that its appearance or condition is offensive to the Owner(s) or the occupants
of Lots in the immediate vicinity thereof or otherwise detrimental to the aesthetic appeal or physical appearance
of the neighborhood or vicinity in which it is located.
b. Should the registered owner of any such vehicle, or the Owner(s) of the Lot upon which such a
vehicle is located, fail to remove, or cause removal of, the same within five (5) days following the date notice to
remove it is mailed to such owner or Owner(s) by or on behalf of the Committee, the Committee may have such
vehicle removed from the Property and charge the expense of such removal and any resulting storage of such
vehicle, to such registered owner and/or the Owner(s) of such Lot.
3.13 Boats and Boat Trailers. Subject to the exceptions contained in subparagraphs a., and b., immediately
below, and except in conformity with General Actions of the Association, no boat or other watercraft, or trailer or
other separate conveyance designed or used for purposes of transportation of any boat or watercraft, shall be
placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within
the Property.
a. One boat or other watercraft may be temporarily placed or parked out of doors on a Lot as far as
practicable from adjoining streets for a period not in excess of forty eight hours for the purposes of enabling the
Owner or a permanent resident of said Lot to load or unload, or to maintain, repair, clean and/or otherwise
prepare such boat or watercraft for use or storage following the end of such period.
b. One or more boats or other watercraft, or one or more such trailers or other conveyances
whether or not loaded, may be parked or stored on any Lot for more than 48 -hours if located in an enclosed
conventional and attached garage or screened behind a six foot privacy fence which completely screens such
boat or other watercraft from any public street.
3.14 Campers Recreational Vehicles and Travel Trailers. Subject to the exceptions contained in
subparagraphs a., and b., immediately below, and except in conformity with General Actions of the Association,
no motor vehicle accessories in the nature of camper tops, camper shells or truck bed units, no self-propelled
recreational vehicles or "motor homes", and no "fifth wheel' or other types of camping or travel trailers shall be
placed, parked or permitted to remain on any Lot, public or private street or roadway, driveway or sidewalk within
the Property.
a. One such camper accessory, recreational vehicle or motor home, fifth wheel, camping or travel
trailer may be temporarily located or parked on a Lot as far as practicable from adjoining streets for a period not
in excess of 48 -hours for purposes of enabling the Owner or a permanent resident of said Lot to load or unload,
or to maintain, repair, clean and/or otherwise prepare such camper or vehicle for use or storage away from the
Property following the end of such period. Except as provided below, no such camper or vehicle shall be used
for living accommodations while parked on the Property.
b. One such camper accessory, recreational vehicle or motor home, fifth wheel, camping or travel
trailer may be located or parked on a Lot for more than forty eight hours if located in an enclosed conventional
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 6
and attached garage or located behind a six foot high privacy fence which screens such camper or vehicle from
any public street.
C. One recreational vehicle or motor home, fifth wheel, camping or travel trailer may be parked in
the driveway of any Lot as far as practicable from adjoining streets and sidewalks for a period not in excess of
three consecutive days for purposes of providing living accommodations for guests of the Owner(s) or residents
of the Dwelling Unit located thereon. However, no such use shall reoccur sooner than thirty days after the end of
the last period during which such use occurred.
3.15 Freight Trailers, Etc. No freight trailer or other wheeled vehicle designed for towing by any motor vehicle
and for the purpose of transporting cargo, freight, equipment, or commodities of any kind, or for displaying signs,
or other advertising, shall be placed, parked or permitted to remain outside of an enclosed conventional attached
garage or other permitted permanent structure located on any Lot, on any public or private street or roadway,
driveway, or sidewalk within the Property. However, such a freight trailer or other vehicle may be placed or
parked anywhere on the Property (except in such a manner as to interfere with, impede or otherwise endanger
the safety of vehicular or pedestrian traffic over public rights of way or other areas provided for purposes of
vehicular or pedestrian traffic) for the sole and exclusive purpose of being loaded or discharged in connection
with, or for purposes of, delivering to or removing from any Dwelling Unit or Lot any furniture, furnishings, goods,
merchandise, construction materials or other property for the use or benefit, or at the request, of any Owner or
occupant thereof, or for the purposes of the construction, repair or maintenance of improvements to such
Dwelling Unit or Lot, but only for so long as may reasonably be required for the purpose of such loading,
unloading, construction, repair or maintenance.
3.16 Antennas and Similar Devices. Except in conformity with General Actions of the Association, no
antenna, aerial, satellite dish or other device or structure designed for, or used in connection with the
transmission or reception of radio, television or other electromagnetic signals, telecommunications or data of any
description shall be permitted on the roof of any Dwelling Unit or elsewhere on any Lot in plain view from any
public street or sidewalk within the Property. Any such device or structure installed in conformity with the
provisions of the foregoing sentence which is otherwise unsightly or unreasonably offensive when viewed from
any adjoining Lot(s) shall be screened from view from such adjoining Lot(s) in a manner or by such means as
may be reasonably determined by the Committee.
3.17 Underground Distribution of Services Required. All utilities and services shall be provided to Dwelling
Units and other structures by means of underground pipes, conduits or conductors. No outdoor, overhead wire
or service drop for the distribution of electricity or for telecommunication purposes, nor any pole, tower, or any
other supporting structure(s) associated therewith, shall be erected or maintained on any Lot.
3.18 Recreational Equipment, Facilities and Structures. Except in conformity with General Actions of the
Association, no playground, athletic or recreational equipment, facilities or structures, including without limitation,
basketball backboards, hoops and related supporting structures, shall permitted, installed or utilized on any Lot
in plain view from any public street or sidewalk within the Property.
3.19 Maintenance of Lots and Adjacent Improvements. The Owner of each Lot shall maintain all
improvements located on said Lot in a clean and attractive condition, in good condition and repair and in such
fashion as not to create a fire or other unreasonable risks of damage, loss or hazard. Such maintenance shall
include, without limitation, painting, repair, replacement and care for roofs, gutters, downspouts, exterior building
surfaces, driveways, walks and other exterior improvements (including landscaping of yards and planter strips
along streets abutting such Lot) and glass surfaces.
a. Damages suffered by Lots and/or improvements located thereon caused by fire, flood, storm,
earthquake, riot, vandalism, or any other cause shall be the responsibility of the Owner to repair or restore to
undamaged condition within the time reasonably and objectively necessary in order to effect such repairs or
restoration following damage.
b. Each Owner shall likewise be responsible to repair damage from, and to maintain such Owner's
Lot and all sidewalks, aprons, parkways and street landscaping located upon or immediately adjacent thereto
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 7
free of unsightly, unreasonably excessive, or unsafe accumulations of refuse, debris, water, ice, snow and the
like.
C. Purchasers and/or Owners shall plant, replace, prune and maintain street trees and landscaping
as required by the Declarant, applicable General Actions of the Association and/or Committee policies or
guidelines. When planted, the proposed street trees shall be a minimum of 2" in caliper and planted in
accordance with the Turnberry Subdivision Landscape Plan included in Exhibit "B". The street trees shall be
installed and in a healthy condition within 30 (thirty) days of the sale or transfer of a dwelling unit by the
Purchasers to subsequent owners.
3.20 Temporary Structures. No structure of a temporary character, trailer, excavation, tent, shack, garage,
barn or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently.
Persons engaged in the construction, reconstruction, repair or remodeling of improvements on a Lot may place
or erect temporary or portable sheds or other temporary structures on a Lot to serve as a field office or shop
facility, and/or to store or house tools, equipment or building materials in connection with such activities on such
Lot and/or other Lots in the immediate vicinity. Such sheds and/or structures shall be maintained in good order,
condition and appearance and must removed no later than the date the work undertaken by such persons on
such Lot is completed or is discontinued or interrupted for a period in excess of fourteen days.
3.21 Setback, Maximum Height and Minimum Yard Requirements. Each Lot shall be subject to: (i) all
setback, maximum height and minimum yard requirements shown on the Plat and/or established by any public
authority or agency having jurisdiction thereof and (ii) any land use review procedures established by any public
authority or agency having or acquiring the power to establish, review or grant variances from any such
requirements.
3.22 Landscaping and Decks.
a. Unless weather or other conditions will unreasonably interfere with, prevent, or imperil the
results of such efforts, landscaping and planting of all areas of all Lots in plain view of adjacent streets, sidewalks
and other Lots shall be completed to the reasonable satisfaction of the Committee or in accordance with
applicable General Actions of the Association, if any, within nine calendar months following the date on which
construction of any Dwelling Unit on such Lots is substantially completed.
b. Asphalt and artificial turf is not permitted for the purpose of surfacing driveways, sidewalks or
other walkways, or as ground cover, on any Lot. Professionally installed, enclosed, "sport courts." tennis courts
and similar improvements otherwise conforming to this Declaration are not subject to this prohibition.
C. Retaining walls constructed with, or which include, railroad ties are prohibited unless the railroad
ties are fully and permanently concealed from view from any angle.
d. Yard or landscape ornaments such as concrete, fiberglass or plastic animals or birds, fountains,
bird baths, sculptures or figurines which are visible from adjacent streets or sidewalks are not permitted.
However, architectural elements or details such as fountains or sculpture incorporated in the structure of a
Dwelling Unit, permanent landscape rockery or retaining walls the design and appearance of which has been
approved by the Committee including such elements are permitted.
e. Use of rock, gravel or bark for purposes of ground cover in yard areas visible from adjacent
streets or sidewalks is prohibited except in beds planted with evergreen shrubs. Plastic, fabric and other
materials in the nature of silt fencing installed on the surface of the ground in landscaped areas or elsewhere on
any Lot shall be concealed from view at all times by rock, gravel or bark ground cover installed and maintained in
conformity with the foregoing sentence.
f. Silt fences, hay bales and other materials commonly utilized for, or which function for purposes
of temporary control of erosion and/or stabilization of soils shall be removed, or replaced by permanent
improvements approved by the Committee as soon as practicable and in no event later than the time
landscaping is required to be completed in accordance with subparagraph a., of this section 3.22.
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 8
g. Upon request of the Committee, unsightly or dying plants, trees, shrubs and/or lawns must be
removed and replaced by the Owner of the Lot on which they are located unless measures are undertaken and
completed to restore their appearance or restore them to a healthy and attractive condition.
h. Noxious or poisonous plants of any description are prohibited everywhere on the Property
unless continuously confined to the interior of a Dwelling Unit.
i. Ponds, pools and/or other areas which contain or accumulate standing water which result in the
presence of mosquitoes and/or other undesirable pests, or which may constitute an attractive nuisance, are
prohibited.
j. Excessive infestations by weeds in landscaped areas and/or lawns of any Lot in plain view of
public streets or pedestrian walkways, or from less than 6 -feet above ground level on any adjoining Lots, must
be removed by or at the expense of the Owner or occupant(s) of such Lot.
k. Unless the same has been determined to be diseased beyond cure, dead or dying by a licensed
arborist or such removal is required by this Declaration or governmental regulation, order or ordinance, no tree
with a trunk diameter of six inches or more at the base may be removed from any Lot without the prior written
approval of the Committee. Such approval may be conditioned on replacement of such tree with a tree of such
type and size, and within such time frame, as the Committee may reasonably determine.
I. Hedges, shrubs, bushes, trees and other landscaping elements, fences, walls or other barriers
which in any way interfere with the ability of motorists, cyclists or pedestrians using streets or sidewalks abutting
or in the immediate vicinity of any Lot to readily observe and safely respond or react to the presence of traffic
controls, other vehicles, bicycles or pedestrians on or entering the street or sidewalks from intersecting streets,
driveways or other locations, are prohibited and shall be removed or altered to eliminate such interference(s) by
or at the expense of the Purchaser or Owner of the Lot on which they are situated.
M. Hedges, shrubs, bushes, trees and other landscaping elements present on any Lot which
hereafter develop or grow to an extent which the Committee determines unreasonably impairs or eliminates an
objectively significant and desirable view or outlook otherwise available from or in the immediate vicinity of any
Dwelling Unit situated on any other Lot, shall be trimmed or pruned, or if necessary removed, by or at the
expense of the Owner of the Lot upon which such hedges, bushes, trees or other landscaping elements are
present to the extent necessary to restore and preserve such view or outlook.
n. Landscaping plans submitted for approval by the Committee shall describe or depict adequate
drainage of areas to be landscaped in accordance with such plans. Surface and storm water must be directed
away from buildings located on a Lot and may not be allowed to pond on such Lot. Water may flow from an
uphill Lot to a downhill Lot provided no diversion or channeling results in increase or concentration of surface
water flow on downhill properties. Every Purchaser and Owner shall be and remain responsible for providing
and maintaining surface water flows from their Lot in accordance with the drainage patterns which existed prior
to construction of any Dwelling Unit and/or other improvements on, above and below the finished grade and
contours of such Lot.
o. Exterior foundation surfaces, piers and exterior supporting structures for decks or similar
structures extending more than twelve inches above finish grade must be sacked, sided or otherwise covered or
screened from view and painted or stained to be compatible with adjacent exterior surfaces.
3.23 Signs. No signs of any kind shall be displayed to public view on any Lot unless approved by the
Committee. The Committee shall develop one or more guidelines pertaining to signs advertising the availability
of Lots and Dwelling Units constructed, or to be constructed on Lots for purchase, and in the case of Dwelling
Units, for rent or for lease. Such guidelines may be amended from time -to -time at the sole discretion of the
Committee.
3.24 Leasing and Rental of Dwelling Units. No Owner may lease or rent a Dwelling Unit or any portion
thereof for a period of less than thirty days.
a. All leases or rentals of Dwelling Units shall be made subject of a written lease or tenancy
agreement. Such leases or tenancy agreements shall provide that the terms thereof are subject in all respects to
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 9
the provisions of this Declaration, the Bylaws of the Association and all rules and regulations duly adopted
thereunder and complete copies of this Declaration, any such Bylaws, rules and regulations shall be provided by
the Owner(s) of any Dwelling Units so leased or rented to the tenants or lessees upon commencement of their
tenancy. Such leases or tenancy agreements shall further provide that any failure by the lessee or tenant to
comply with the terms of this Declaration, said Bylaws and said rules and regulations may constitute cause for
premature termination of the tenancy created thereby.
b. If the Board of Directors of the Association or the Committee determines that a lessee or tenant has
violated any provisions of this Declaration, the Bylaws or any one or more of the rules and regulations mentioned
above, then, after having provided the Owner of the Dwelling Unit occupied by such lessee or tenant no less
than ten days' advance notice of its intention to do so, the Board or Committee may either (1) require the Owner
to terminate such lease or rental agreement in compliance with applicable laws or ordinances governing
residential tenancies, or (ii) require the Owner to provide reasonable financial assurance that such Owner has
taken measures to prevent further violation by such lessee or tenant which the Board of Directors or Committee,
in its discretion, finds adequate to insure that such violations will not recur.
3.25 Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved
on Lots as shown on the Plat. Within these easements, no structures, plantings or other materials shall be
placed or permitted to remain which may damage or interfere with utilities located therein or the flow of water
through drainage channels in the easements. Those portions of any Lot which are subject to any such easement
and all improvements therein shall be maintained continuously by the Owner of the Lot except for those
improvements for which the Association, a public authority, utility company, maintenance committee or other
party is, or becomes responsible. Owners shall be responsible for removal of any fencing or vegetation in, or
which impairs access to any portion(s) of their Lots in the event a utility company, public agency or official, or the
Association requests that they do so.
3.26 Mailboxes. All mailboxes and stands will be consistent design, material and coloration as specified by
the Architectural Committee, and to assure uniformity, shall be located at places designated by the Architectural
Committee and or /the Postal Service.
3.27 Water, Water Rights. Each party accepting and recording a deed to any property in this Subdivision or
occupying any property in this Subdivision acknowledges, understands and agrees to the following: (a) that
such property is in an irrigation District, including but limited to Nampa -Meridian Irrigation District; (b) that the
water in said district has not been transferred from this property; (c) that each Owner of any Lot is subject to all
assessments levied by any such irrigation District; (d) that each Lot Owner shall be responsible to pay any
levies of irrigation district attributable to that Lot; (e) that these assessments are a lien upon the Lot. Each
Owner or occupant of any Lot in Turnberry Subdivision No. 1 specifically releases and waives any and all claims
of any kind against Declarant, its agents, employees, officers and Directors relating to water rights of irrigation
affecting such lot.
3.28 Irrigation: Maintenance of Irrigation Pipe or Ditch. Irrigation water, when available, will be supplied
through Nampa -Meridian Irrigation District via a pressurized water system. Each lot shall be subject to any
License Agreements with Nampa -Meridian Irrigation Districts affecting the property. In the event of any conflict
between the terms of these CC&R's and any License Agreement with Nampa -Meridian Irrigation District, the
License Agreement shall control. Each Owner shall pay Nampa -Meridian Irrigation District water assessments
as assessed against any lots owned by said owners. Each lot shall be subject to said assessments. In the
event that the irrigation water system is not maintained by the Nampa -Meridian Irrigation District, then any ditch,
irrigation system, or irrigation pipe which lies within any Owner's property shall be maintained by the Owner of
the property, but such maintenance shall be limited to the pipe or ditch inside the Owner's property.
ARTICLE IV. ARCHITECTURAL REVIEW AND CONTROL
4.1 Improvements Defined. For purposes of this Article and Declaration, the words "improvement' and
"improvements" mean and refer all and any improvements to, or alterations of, land of any description, including
but not limited to the following:
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
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a. Landscaping except irrigation systems and shrubbery, groundcover, trees and other plantings
located, installed, cared for, cultivated and maintained in accordance with the terms and provisions of this
Declaration and any applicable General Actions of the Association;
b. Dwelling Units, outbuildings or shelters of any description;
c. Fences, walls, hedges or other physical or visual barriers;
d. Driveways, walkways, sidewalks, pathways or trails visible from any public street, road or sidewalk on
or adjoining the Property;
d. Outdoor recreational, sports or playground facilities or structures on any Lot which are visible from
any public street, road or sidewalk on or adjoining the Property and/or from any other Lot or Dwelling Unit; and
e. Generally all and any other products or results of construction efforts or activities conducted on or
with respect to the Property and any portion thereof which are intended, or reasonably likely, to remain in place
on a Lot for a period of time in excess of one-year and which (i) are, or result in, any significant alteration of the
landscape of a Lot, or (ii) affects or discernibly changes the appearance of any building, Dwelling Unit or other
thing physically constructed or installed on a Lot which is visible from any public street or sidewalk or from any
other Lot or Lots or any Dwelling Unit(s) constructed on such other Lot or Lots.
4.2 Committee Approval Required. No improvement may be erected, placed, installed or altered on the
Property, or on any Lot, until its exterior design and configuration; exposed elements and/or exterior surface
materials (including siding, trim, masonry, fencing, roofing materials, any skylights, vents or similar features);
exterior paint or finish colors and color scheme, and its location and orientation on the Lot have been approved in
writing by the Committee.
4.3 Procedure. Before applying for any building or other governmental permit which may be required for an
improvement to be made and, in any event, before commencing any physical alteration on a Lot associated with
the construction, installation, removal or alteration of any improvements not requiring such permit(s), the affected
Purchaser, Owner or other party shall prepare and submit such materials and information pertaining to the
matters mentioned in section 4.2 immediately above as the Committee may reasonably require or request
accompanied by a written request for approval thereof and full payment of any fee or charge payable to the
Committee in accordance with its published rules, regulations or guidelines.
a. Within ten business days following its receipt of all such materials and payment of any such fee
or charge, the Committee shall use its best efforts to review the materials for conformity with the provisions of
this Declaration, applicable Bylaws or General Actions of the Association, applicable rules, regulations and
guidelines of the Committee, and any applicable standards of quality of workmanship and/or materials
established by the Declarant. The Committee shall assess the materials presented for harmony of exterior
appearance and/or design with existing structures and improvements; for location, compatibility with topography,
finished grade elevations and contours; for potential unreasonable or undesirable obstruction of views or
outlooks from other Lots, and for conformity with proper grading and drainage standards and policies. On
conclusion of its efforts, the Committee shall render its written approval, decision or other response to the party
who requested such review.
b. In the event the Committee fails to render its approval or some other response within twenty
business days after all such materials have been delivered to it for review and any such fee or charge has been
fully paid, the improvements therein described may be considered approved.
4.4 Committee Created: Membership; Appointment and Removal. An Architectural Review & Control
Committee (the "Committee" herein) shall be created by recording of this Declaration and shall consist of as
many persons as the Declarant may from time to time appoint.
a. The Declarant may remove any member of the Committee at any time and may appoint new or
additional members at any time and shall keep on file at its principle office a list of names and addresses of the
members of the Committee.
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 11
b. Unless its existence shall have been previously extended by resolution duly adopted by the
Board of Directors of the Association, the Committee shall cease to exist one year after substantial completion of
all Dwelling Units on Lots which may now and hereafter become subject of this Declaration and the powers,
discretion and duties of the Committee shall be exercised and performed by the Board of Directors.
C. If the existence of the Committee is extended in accordance with the provisions of subsection
4.4 c., immediately above, the members thereof shall be appointed by, and serve at the pleasure of, the Board of
Directors of the Association; shall consist of persons who are Owners of Lots, and shall not include any
directors, members, officers or employees of the Declarant or any member thereof or any corporation,
partnership or other form of business or commercial enterprise affiliated with or owning an interest in the
Declarant unless such person is also an Owner of a Lot.
4.5 Liability.
a. Neither the Declarant nor its members nor their agents, representatives nor employees; nor the
Committee nor its members, nor the Association nor any director, officer or agent thereof, shall be liable to any
Purchaser, Owner, resident, occupant, tenant, lessee or other person who may suffer or claim any loss, damage,
cost, expense, (including, but not limited to, attorneys' fees), liability or prejudice on account of, or attributable
wholly or in part to, any act or failure to act on the part of the Declarant or any member, representative, agent or
employee thereof, or the Committee or any member thereof, or the Board of Directors or any member or agent
thereof having or exercising the powers, discretion and duties of the Committee, so long as such entities or
persons acted or failed to act in good faith without actual cause to believe that their acts or omissions were
grossly negligent or unlawful under all the facts and circumstances actually known and understood by them at
the time such acts or omissions occurred.
b. Under no circumstances whatsoever shall any action on the part of the Declarant, its members
or their agents, representatives or employees: the Committee or its members, the Association, or any director,
officer or agent thereof, be deemed, construed or relied upon by any party or person interested in, or affected
thereby, to constitute any review, analysis or approval of structural, geophysical, engineering or other technical,
scientific or similar conditions or matters.
C. Consent or approval on the part of the Declarant, its members or their agents, representatives or
employees: the Committee or its members, or the Association or any director, officer or agent thereof, shall
never, under any circumstances whatsoever, be construed as any form of representation, warranty or assurance
on the part of Declarant, the Committee, the Association or any such persons respecting compliance with the
requirements or provisions of any legislative enactments, ordinances, rules or regulations adopted or enforced
by or on behalf of any governmental unit or agency and all such requirements and provisions shall be complied
with by all Purchasers, Owners, residents and occupants of the Property regardless of any such consent or
approval.
4.6 Actions of the Committee. Actions on the part of the Committee shall be effected by vote or consent of
a majority of its members without the necessity of a meeting provided all the members thereof shall have been
afforded a reasonable opportunity and are available for purposes of participating in the action. The Committee
shall render its decisions in writing setting forth the decisions made and/or the action(s) taken which identifies by
name the members who supported such decisions or action.
4.7 Committee Discretion. The Committee may, at its sole discretion, withhold or condition consent to or
approval of any proposed improvement if a majority of the members of the Committee reasonably determines
that the proposed improvement or any element(s) thereof would be inconsistent with the provisions or the intent
and purposes of this Declaration; or inappropriate for the particular Lot(s) involved, or incompatible with any
rules, regulations, policies, standards or design guidelines from time -to -time adopted by the Committee.
Consideration of siting, location, shape, size, color, design, height, solar access, impairment of the view from
other Lots, general appearance and compatibility with neighboring Improvements, effect on uses and enjoyment
of other Lots, disturbance of existing terrain and vegetation, and any other factors which the Committee
reasonably believes to be relevant, may, but shall not be required to be taken into account by the Committee in
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 12
determining whether or not to approve or consent to, or condition its approval of or consent to, any proposed
improvement.
4.8 Non -waiver. Unless the Committee shall, in the exercise of its discretion, otherwise specifically agrees
or determines, consent or approval on the part of the Committee with respect to any matter proposed to it or
within its jurisdiction shall never, under any circumstances whatsoever, be deemed to constitute a precedent or
waiver impairing its right to withhold, modify, condition or qualify approval as to the same or any similar matter
thereafter proposed or submitted to it for consent or approval.
4.9 Effective Period of Approval or Consent. Unless a lesser period is prescribed by the Committee in a
particular case, Committee consent to, or approval of, any proposed improvement shall expire twelve months
after such consent or approval is issued in writing as aforesaid unless: (i) construction of the work in compliance
with such approval or consent has in fact been commenced prior to expiration of such period and completed in
its entirety within ninety days following expiration of such period, or (II) the affected Purchaser or Owner has
applied for and received an extension of such consent or approval from the Committee evidenced in writing.
4.10 Applicability to Declarant. The provisions of this Article IV shall not apply to any improvements
constructed by or for the benefit of Declarant on the Property.
ARTICLE V. TURNBERRY SUBDIVISION OWNERS ASSOCIATION
5.1 Organization of Turnberry Subdivision Owners Association. Prior to execution and recording of this
Declaration, Declarant has caused the organization and creation of a non-profit corporation called Turnberry
Subdivision Owners Association, Inc., (the "Association" herein). The affairs of the Association shall be
managed by a Board of Directors in accordance with the provisions of this Declaration, and the Articles of
Incorporation and Bylaws of the Association.
5.2 Successor Association. In the event the Association is at any time dissolved, whether inadvertently or
deliberately, it shall automatically be succeeded by an unincorporated association called Turnberry Subdivision
Owners Association (also the "Association"). All of the property, powers and obligations of the incorporated
Association existing immediately prior to its dissolution shall thereupon automatically vest in the successor
unincorporated association. Such vesting shall thereafter be confirmed and evidenced by appropriate
conveyances and assignments by the incorporated Association. To the greatest extent possible, any successor
unincorporated association shall be governed by the Articles of Incorporation and Bylaws of the Association (as
the same may be amended from time to time) as if they had been drafted to constitute the governing documents
of the unincorporated association.
5.3 Powers Duties and Obligations of Association Generally. The Association shall be responsible, and
have the powers and duties necessary, for management and administration of the affairs of the Association
generally, including, without limitation, all affairs, matters, issues affecting the Property as a whole and all
matters relating to all Common Property.
5.4 Specific Powers, Duties and Obligations. Without limiting the generality of the provisions of section 5.3
immediately above, the Association shall have, exercise and perform all of the following powers, duties and
obligations:
a. The powers, duties and obligations granted to the Association by this Declaration, its Articles of
Incorporation and its Bylaws as the same are now constituted or hereafter amended, modified or restated.
b. The powers and obligations of a non-profit corporation pursuant to the general non-profit
corporation laws of Idaho.
C. The power and obligation to care for, maintain, construct, reconstruct and otherwise manage
and control all Common Property at the expense and for the use and benefit of the Association and its members.
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 13
d. Any and all additional or different powers, duties and obligations necessary or desirable for the
purposes of carrying out the functions of the Association pursuant to this Declaration and otherwise promoting
the general welfare and interests of the Owners.
5.5 Membership. Upon and after closing of the sale of the first Lot to a Purchaser, the Owner(s) of each and
every Lot then or thereafter made subject of this Declaration shall, during the entire period of such Owner's
ownership of any Lot(s), be a member of the Association. Such membership shall commence, exist and
continue simply by virtue of such ownership; shall expire automatically upon termination of such ownership, and
need not be confirmed or evidenced by any certificate or acceptance of membership. When more than one
person or entity holds an interest as Owner in any Lot, all such persons shall be members of the Association.
5.6 Transfer of Membership. Membership in the Association shall be an incident of ownership of any Lot
now or hereafter made subject of this Declaration, and any assignment, transfer, pledge, hypothecation,
conveyance or alienation of such membership made or attempted in any way except by way of transfer of title to
said Lot (and then only to the transferee of title to such Lot), shall be utterly null and void. Delivery or recording
of any instrument effective to transfer beneficial title to a Lot under the laws of Idaho shall operate automatically
to transfer the membership in the Association incident to ownership thereof to the transferee.
5.7 Voting
a. The Declarant shall retain control of the Association until Turnover occurs as provided by
section 5.11 of this Declaration and the Bylaws of the Association. At and following Turnover, each Lot shall be
allocated one (1) vote in the affairs of the Association. If an Owner owns more than one Lot, such Owner shall
have one vote for each Lot owned. Declarant shall be entitled to vote as the Owner of any Lot(s) owned by
Declarant and the Association shall be entitled to vote as the Owner of Lot(s) then or thereafter owned by the
Association. The Association shall not be entitled to vote as the Owner of any such Lot(s) in any election of
directors.
b. No lessee, tenant, resident or other occupant of any Dwelling Unit or Lot who is not an Owner
shall have any voting rights in the Association.
5.8 Board of Directors. At and following Turnover, the Board of Directors of the Association shall be
comprised of no less than three directors. Directors shall be elected by vote of the members of the Association
in accordance with the terms and provisions of the Bylaws of the Association and in the event of a vacancy
occurring on the Board, the position of such director(s) shall be filled in accordance with the terms and provisions
of said Bylaws.
5.9 Liability. Neither the Declarant, its members nor any directors, officers, representatives nor agents
thereof; nor the Association, any person serving as an officer of the Association, any person serving as a director
of the Association, nor any person serving as a member, or exercising the rights, powers or authority of a
member, of the Committee, shall be liable to any Purchaser, Owner, resident or occupant of the Property for any
damage, loss, expense or prejudice suffered or claimed on account of any action or omission by or on the part of
the Declarant, the Association, any such officer(s), any such director(s), or such Committee member(s), provided
only that such action or omission was undertaken in good faith and in accordance with actual knowledge
possessed by the entity or person.
5.10 Interim Board. Concurrently with, or immediately following, filing of the Articles of Incorporation of the
Association, Declarant shall appoint an interim Board of Directors of the Association consisting of three (3)
directors. The members of the interim Board of Directors of the Association shall serve until replaced by
Declarant or until their successors have been elected by the Owners at or after Turnover as described in
Subsection 5.11 immediately below.
5.11 "Turnover".
a. Not later than one hundred twenty days after the date upon which seventy five percent (75%) of
all Lots which are now and at anytime made subject of this Declaration shall be conveyed to the Purchasers
thereof, but in no event sooner than 12 -months following the date this Declaration is recorded, Declarant shall
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 14
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turn over administrative responsibility of the Property then subject to this Declaration and control of the affairs of
the Association to the Owners.
b. Turnover shall be initiated by mailing to the street address of each Lot then subject of this
Declaration a written notice of Declarant's intent to do so effective as of a date not less than forty-five days
following the date of such notice.
C. Turnover shall be deemed for all purposes effective on the date specified in such notice whether
or not the members of the Association at that time shall have elected a Board of Directors and such Board of
Directors shall have acknowledged in writing delivered to Declarant, assumption of the powers, authority and
obligations vested in the Board and the Association by virtue of this Declaration and the Articles of Incorporation
and Bylaws of the Association.
d. If Declarant fails to provide notice of intent to turn over administrative responsibility for the
Property and control of the Association prior to expiration of the period above-described, any Owner may give
the notice as required by this section.
e. On the effective date of any notice of the nature described in subparagraphs b., or d., of this
section 5.11, all members of the Interim Board of Directors shall be deemed for all purposes to have resigned
their positions as such and their successors shall be elected by the membership of the Association as provided
in its Bylaws. At Turnover, Declarant shall deliver to the Association those items in Declarant's possession
relating to ownership of Common Property and administration of the Association as set forth in the Bylaws.
Turnover shall take place notwithstanding the presence or absence of a quorum of members the Association at
any meeting or assembly of Owners convened for purposes of assuming control of the Association or any lack
or participation by such members in any other process or procedure initiated or conducted by any Owner(s) or
the Declarant for such purposes.
f. If and when Declarant has complied with the foregoing requirements of this section 5.11, unless
Declarant otherwise has sufficient voting rights as an Owner to control the Association, Declarant shall be
relieved of any further responsibility for the administration of the Association except as Owner of one or more
Lots.
g. Failure, neglect or refusal of the Association, its Board of Directors, any Committee or members
of the Association, including, without limitation, the Declarant, to administer the affairs of the Association; or to
exercise its powers, rights or prerogatives; or to otherwise perform the duties and obligations of the Association,
or to see to or cause their performance in accordance with this Declaration, its Articles of Incorporation or Bylaws
shall in no way affect or diminish the effectiveness of the terms and provisions of this Declaration, such Articles
or said Bylaws or their binding effect on the Owners and Lots now or hereafter subject thereof.
5.12 Rules and Regulations.
a. The Board of Directors on behalf of the Association may, from time to time, adopt, modify, or
revoke such rules and regulations governing the conduct of persons and use of Lots and Common Property as it
may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of the
Property and/or conformity of such use with the terms and provisions of this Declaration, any other declarations
annexing additional lands to the Property as above -stated, and any General Actions of the Association.
b. A copy of all rules and regulations adopted on behalf of the Association and a copy of each
amendment, modification or revocation thereof, shall, upon adoption, be promptly mailed or otherwise delivered
by or on behalf of the Board of Directors to each Owner at his, her or its address appearing in the records of the
Association.
C. All such rules and regulations, and any such amendments or modifications thereof, shall be
binding upon each Owner and occupants of all Lots to which they pertain on the date a copy of the same is
mailed or otherwise delivered as herein stated. Adoption of rules and regulations on behalf of the Association
shall be effected in accordance with the Bylaws of the Association.
ARTICLE VI. ASSESSMENTS AND LIENS OF ASSESSMENTS
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 15
6.1 Assessment of Owners and Lots.
a. Subject to the provisions of subparagraphs 6.4(a) and 6.4(b) below, all Owners, other than
Declarant, shall be obliged to contribute to the payment by or on behalf of the Association of all expenses and
costs incurred or which are required to be incurred by the Association which are reasonably necessary in order
for the Association: (i) to perform effectively, or cause to be performed effectively the functions and obligations
on its part to be performed under this Declaration, (ii) to care for, maintain, repair, construct, reconstruct and
preserve all Common Property; (iii) to otherwise protect and preserve the Property and Common Property in
keeping with the purposes of this Declaration set forth in the Recitals set forth above, and (iv) to enforce and
otherwise promote or encourage compliance with the terms and provisions of this Declaration, its Articles of
Incorporation, its Bylaws and all rules and regulations duly adopted consistent with the provisions of each and all
of said instruments, all as reasonably fixed, determined and budgeted in accordance with this Declaration and
said Bylaws. For purposes of this Article VI, all expenses and costs of the nature described in this subparagraph
are called "Association Expenses".
b. The mechanism and method for recovery of all such contributions and amounts shall be
assessment thereof to the Owner(s) and upon the Lot(s) responsible for payment thereof.
6.2 Assessment of Declarant. Prior to Turnover, Declarant shall have no obligation for payment of any
amounts assessed against and payable by an Owner pursuant to the provisions of this Article VI. However,
following Turnover, Declarant shall be assessed as the Owner of any Lot which it then owns, but such
assessment shall be prorated to the date of sale of such Lot.
6.3 Payment and Collection of Assessments.
a. When a Lot is transferred to a Purchaser, and each time a Lot is transferred to a new Owner(s),
the transferee shall pay to the Association (through escrow whenever applicable) a "Transfer Assessment" in an
amount equal to one-fourth (100%) of the total annual General Assessment (as determined in accordance with
subparagraph a., of section 6.4, immediately below), payable with respect to such Lot during or for the
Association fiscal year during which such transfer shall occur. The Transfer Assessment constitutes an initial
contribution to the working capital of the Association on the part of such Purchaser(s) or new Owner(s) and shall
be used by the Association only to pay Association Expenses. Transfer Assessments on a Lot are payable in
addition to the amount of the General Assessment otherwise payable with respect to such Lot during and for any
fiscal year.
b. Assessments may not be waived or abated due to lack of or limited access to, or unavailability
for use of, any Common Property. The Association shall take prompt action to collect from any Owner(s) any
assessments which remain unpaid by such Owner(s) for more than forty-five days from the date payment thereof
becomes due. All and any costs and expenses reasonably incurred by the Association for purposes of collection
of unpaid assessments shall be recoverable by the Association from the party or parties responsible for payment
thereof all by way of Individual Lot Assessment as provided for at subsection 6.4.b below and, where applicable,
section 7.5 of this Declaration.
6.4 Basis for Assessments.
a. The total amount of all budgeted Association Expenses, including, without limitation, amounts to
be contributed toward separately budgeted funds and reserves established for the common benefit of all
members of the Association in accordance with General Actions of the Association or in accordance with the
Bylaws during or for each fiscal year of the Association, less the amount of any common profits, Transfer
Assessments and surpluses of the Association, if any, available for payment of Association Expenses, shall be
divided by the total number of Lots subject of this Declaration on the last day of the prior fiscal year and the
result obtained shall constitute the amount of the "General Assessment" payable with respect to each Lot subject
of this Declaration during and for such fiscal year. Prior to Turnover, the amount of General Assessments which
would, but for the provisions of section 6.2 above, be payable by the Declarant, shall be allocated among and
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 16
assessed against all Lots not owned by the Declarant as of the last day of the next prior fiscal year of the
Association in such manner and amounts as the Declarant shall determine in the exercise of its sole discretion.
b. Notwithstanding the other provisions of this Article VI, the Association may assess any individual
Lot or Lot(s) an "Individual Lot Assessment" to recover all or any portion of any costs, expenses, losses,
damages or other charges incurred or suffered by the Association, or by the Owner(s) of any other Lot or Lots,
attributable to the negligence or misconduct of the Owner of such Lot, any resident thereof, or the family
members or invitees of any such Owner or resident, and for the recovery of any unpaid fines, fees, assessments
or charges payable by the Owner(s) thereof to or for the benefit of the Association by reason of the terms and
provisions of this Declaration, the Bylaws of the Association and/or any rules and regulations adopted in
accordance therewith or pursuant thereto.
6.5 Notice of Assessments. The Association shall, not less than annually, provide written notice to the
Owner(s) of each Lot setting forth the amount of the General Assessment and any Individual Lot Assessment(s)
payable with respect to such Lot calculated and/or assessed in accordance with section 6.4 of this Declaration.
Payment of such assessments shall be due and payable on or before a date or dates, or in installments, as set
forth in the notice which shall be not less than thirty days after the date the notice is mailed or at such later time
or times as the Association may specify in the notice in accordance with this Declaration or the Bylaws. The
Association or its managing agents shall promptly provide any Owner who makes a request in writing with a
written statement setting forth the amount and nature of any and all assessments levied and unpaid with respect
to any Lot(s) owned by such Owner. However, neither the Association nor its managing agents shall be obliged
to provide any such written statement more frequently than once every sixty days.
6.6 Creation of Lien and Personal Obligation of Assessments. Whether or not stated or otherwise
expressed any instrument conveying ownership of any Lot, by acquiring ownership of such Lot, each Owner
shall be deemed for all purposes whatsoever to have unconditionally promised, covenanted and agreed to pay to
the Association all assessments or other charges as may be fixed, established and collected from time to time in
the manner provided in this Declaration or the Bylaws of the Association. Such assessments, charges, and
other costs together with any interest, expense or attorneys' fees imposed pursuant to Article VII of this
Declaration shall be a charge on the land and Lot so acquired and constitute a continuing lien upon such Lot until
fully paid and satisfied. In addition, all such assessments, charges and other costs shall be the personal
obligation of the Owner(s) of such Lot at the time the assessment or charge became due and payable. Such
liens and personal obligations shall be enforced in the manner set forth in said Article VII.
ARTICLE VII. REMEDIES
7.1 Non -conforming Improvements; Violation of General Protective Covenants. In the event any Owner, or
other person(s) for whose actions or omissions such Owner is responsible hereunder, shall violate or suffer
violation of any provision of this Declaration; the Bylaws of the Association; any rules or regulations adopted on
behalf of the Association, or any standards, actions or decisions of the Committee herein provided for, then the
Association shall have each and all the following rights, remedies and prerogatives, which shall be cumulative:
a To notify the Owner in writing that the violations exist; that such Owner is responsible for them,
and that unless such violation(s) are corrected or abated within such time following the date of such notice as is
stated therein, the Association may take any action with respect to the correction or abatement thereof as may
be provided for in this Declaration or otherwise under the Bylaws and/or such rules or regulations;
b. To suspend such Owner's voting rights and rights of use or the benefits of Common Property for
the period that the violations remain unabated, not to exceed sixty (60) days, for any infraction of its rules and
regulations;
C. To impose reasonable fines upon such Owner, in a manner and amount the Board of Directors
of the Association shall deem appropriate in relation to the violation and to make any such fines the subject of an
Individual Lot Assessment.
d. Provided notice of the nature described in subparagraph a., of this subsection shall have be
given as therein stated and the Owner(s) of any offending Lot shall be afforded reasonable advance notice of the
time such entry will take place, the Association may enter any offending Lot (which entry shall not subject the
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 17
0 •
Association, the directors or officers of the Association or the Committee, or any agent or representative thereof
to liability for trespass, conversion or any other claim for damages) and remove the cause of such violation, or
alter, repair or replace any non -conforming Improvement in such a manner as to make it conform the
requirements or standards which pertain thereto. In any such case, the Association may assess the Owner of
the offending Lot for the entire cost of the work done, which amount, if not paid by such Owner, shall be made
subject of a an Individual Lot Assessment levied with respect to such Lot. Provided, however, nothing contained
in this Declaration shall be construed to permit entry of any regularly occupied Dwelling Unit located on the
Property without (i) the express consent or ratification on the part of the Owner of the Lot upon which such
Dwelling Unit is situated or, in the alternative, (ii) the informed consent of an adult person regularly residing in
such Dwelling Unit at the time such entry is effected.
e. Resort to a court of competent jurisdiction in those instances where injunctive relief may be
appropriate and/or avail itself of any other or further remedies available at law or in equity.
Provided, however, nothing in this section 7.1 shall be construed to afford to the Association or any person or
persons acting, or purporting to act on behalf of the Association, any right to deprive any Owner of use of, and
access to and from, such Owner's Lot.
7.2 Failure to Pay Assessments: Lien: Enforcement of Lien. If any assessment or other sum
charged, levied or payable pursuant to this Declaration is not paid within thirty days after it becomes due, such
assessment or charge shall become delinquent and shall bear interest from the due date until paid at the rate of
twelve percent (12%) per annum. In addition, the Association may exercise any or all of the following remedies
simultaneously or consecutively:
a. The Association may suspend such Owner's voting rights and right of use or the benefits of
Common Property until such assessments and/or other amounts payable under this Declaration or the Bylaws of
the Association, are paid in full and declare all remaining periodic installments of any annual assessments or any
other amounts owed by such Owner to the Association immediately due and payable. In no event, however, shall
the Association deprive any Owner of access to and from such Owner's Lot from any public street or sidewalk
abutting such Lot.
b. Enforce the lien arising under section 6.6 above for any assessments, including, without
limitation, any Individual Lot Assessment(s) levied against such Lot under this Declaration or the Bylaws against
the Owner of the Lot anytime after the date on which the assessment becomes due and payable to the
Association. If any assessment or other amount due or to become due under this Declaration or the Bylaws is
payable in installments, the full amount of such assessment or other amount is a lien from the date the first
installment payment on account thereof becomes due.
C. In any suit to foreclose any lien arising under this Declaration, in addition to the sums secured by
such lien, the Association may seek and recover from the Owner(s) of the Lot(s) subject of such lien reasonable
rental for the use of such Lot(s) during the pendency of the suit and shall be entitled to the appointment of a
receiver to collect such rental. The Association shall have the power to purchase any such Lot(s) at the
foreclosure sale and to thereby acquire all right, title and interest of the Owner(s) thereof and to hold, lease,
mortgage, vote the votes appurtenant to, convey, and otherwise deal with such Lot(s) and all improvements
thereon as Common Property of the Association.
d. Liens for assessments or charges provided for in this Declaration shall be subordinate to liens
for taxes and assessments payable to any governmental entity and to the lien of any mortgage or deed of trust
on the subject Lot made in good faith and for value recorded prior to the recordation of the notice of any lien(s)
provided for in this Declaration.
e. Sale or transfer of any Lot shall not affect any lien arising under this Declaration. Provided,
however, where any person or entity obtains title to a Lot directly as a result of foreclosure of a mortgage, deed
of trust or land sale contract having priority over the lien arising under this Declaration as a matter of law, or by
deed in lieu of foreclosure of any such mortgage, deed of trust of land sale contract, the lien of the Association
for payment of any assessments or charges which became due and payable prior to the acquisition of title by
such person or entity shall be discharged and of no further effect. Provided, however, in the case of a
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 18
•
conveyance in lieu of foreclosure, the lien of the Association shall be discharged as aforesaid only if (i) written
notice has been delivered to the Association, addressed to the person or party authorized to accept service of
process on behalf of the Association, informing the Association of the mortgagee's intent to accept a conveyance
in lieu of foreclosure and stating that the lien of the Association may be extinguished in the circumstances
specified in this paragraph, and (ii) any such conveyance in lieu of foreclosure is made of record no less than
thirty (30) days after the date said notice is delivered to the Association. No such foreclosure sale or conveyance
in lieu of foreclosure however effected shall discharge the Lot for liability for any assessments or charges
thereafter becoming due or from the lien of such subsequent assessments or charges.
f. The Association may bring an action to recover a money judgment for unpaid assessments,
fines and charges under this Declaration or the Bylaws without foreclosing or waiving the lien described
Subsection 6.6. Recovery on any such action, however, shall operate to satisfy the lien, or the portion thereof,
for which recovery is made.
g. The Association shall have any other remedies available to it at law or in equity for recovery of
any assessments, charges or other sums due or recoverable by it pursuant to the provisions of this Declaration
or the Bylaws.
7.3 Other Remedies. Nothing contained in this Article VII or elsewhere in this Declaration, save and except
limitations on liability expressly stated, shall be deemed or construed to limit, impair or prohibit any Owner from
seeking any remedy which such Owner may have or acquire by virtue of violation of any or the terms or
provisions hereof on the part of any other Owner, resident, occupant or other person or party who may commit
an actionable wrong with respect to such Owner including, without limitation, the right to enjoin violation, or to
compel performance or enforcement, of any terms or provisions herein contained and the right to recover on any
claim or cause or action or suit arising in favor of such Owner by virtue of the express terms of this Declaration.
7.4 Notification of Lien Holders. The Association may, and if requested in writing by the Owner to do so,
shall, notify the holder of, or beneficiary named in, any mortgage, trust deed or vendor's interest under any land
sale contract covering individual Lot of any default in performance of the terms of this Declaration by the Owner
thereof which is not cured within sixty days. However, failure, neglect or refusal on the part of the Association to
provide any such notice shall not result in liability of any kind on the part of the Association to any party or parties
requesting any such notification, such Owner, or any other person or party who may otherwise be injured or
damaged by reason of such failure, neglect or refusal on the part of the Association.
7.5 Attorneys' Fees and Costs. If any action, suit or other judicial or quasi-judicial proceeding is initiated by
any person or party interested in or subject to the terms and provisions of this Declaration for the purposes of
recovery or relief on or under any claim, cause or action or suit or remedy provided for or described hereunder,
or otherwise for the purposes of enforcement or interpretation of any such terms or provisions, the substantially
prevailing party or parties in such action, suit or other proceeding shall be entitled to recover in addition to all
other relief afforded such party or parties, from the other party or parties in such action, suit or other
proceedings, such prevailing party's or parties' reasonable attorneys' fees, charges and expenses; statutory
costs, and the reasonable costs of necessary discovery and fees of expert witnesses or consultants engaged by
such party or parties in connection with the prosecution or defense of such proceedings as fixed by the court(s)
or tribunal(s) by which such action, suit or other proceedings, including appellate proceedings, shall be tried,
heard and finally decided.
ARTICLE VIII. MISCELLANEOUS COVENANTS
8.1 Invalidity; Gender; Captions. The invalidity or lack of enforceability of any terms or provisions of this
Declaration shall not impair or affect in any manner the validity, enforceability, or effect of the remaining terms
and provisions of this Declaration and the same shall be construed and enforced in such a manner as to effect
the evident intent and purpose of this instrument. As used herein, the singular shall include the plural and the
plural the singular. The masculine, the feminine and neuter shall each include the other as the context requires.
All captions used herein are intended solely for convenience of reference and shall in no way define, limit or
impair the effectiveness of each and all of terms and provisions of this Declaration.
8.2 Amendment.
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 19
• 0
a. This Declaration, and any individual terms or provisions hereof from time to time in effect with
respect to all or any part of the Property, may be amended or repealed by Declarant alone at any time until
Turnover or, after Turnover, by vote or written consent of not less than seventy-five percent (75%) of all Owners.
Provided, however, (i) no such amendment or repeal affecting the rights and obligations of the Declarant
hereunder may be effected without the express written consent of the Declarant and (ii) no such amendment or
repeal affecting the rights or obligations of less than all Owners affected by this Declaration may be effected
without the express written consent of at least two thirds of the Owners to be affected thereby.
b. Any action effecting any such amendment or repeal shall become effective only upon
recordation in the deed records of Ada County, Idaho, of a certificate of Declarant prior to Turnover, and
thereafter by a certificate of the president or secretary of the Association, setting forth in full the amendment,
amendments or repeal so approved and certifying that said amendment, amendments or repeal have been
approved in the manner required by this Declaration.
8.3 Regulatory Amendments. Notwithstanding the provisions of section 8.2 immediately above, until the
conveyance of the last Lot owned by Declarant to a third party, Declarant shall have the unqualified right to
amend this Declaration in order to comply with the requirements relating to the development of single-family
residential improvements within the Property contained or required by the provisions of applicable statutes,
ordinances, regulations or guidelines of the Federal Housing Administration, the Veterans Administration, the
Farmers Home Administration of the United States, the Federal National Mortgage Association, the Government
National Mortgage Association, the Federal Home Loan Mortgage Corporation, any department, bureau, board,
commission or agency of the United States, the State of Idaho, Ada County, or of any corporation or other entity
wholly owned, directly or indirectly, by the United States, the State of Idaho, or Ada County which insures,
guarantees or provides financing for single-family residential developments or lots in single-family residential
developments.
8.4 Duration. This Declaration shall run with the lands subject hereof and shall be and remain in full force
and effect at all times with respect to all property included within the Property and the Owners thereof until
terminated. Following Turnover, this Declaration may be terminated only upon approval by the vote or written
consent of the Owners of ninety percent of the number of Lots then subject of this Declaration. Any such
termination shall become effective only if a certificate executed by president and secretary of the Association,
certifying that termination shall become, or became, effective as of a date certain and that such termination was
effected by consent or vote of all Owners of property subject of this Declaration in the manner herein prescribed,
shall be duly acknowledged and recorded in the deed records of AdaO County, Idaho.
8.5 Joint Owners. In any case in which two or more persons share the ownership of any Lot, regardless of
the form of ownership, the responsibility and liability of such persons under this Declaration shall be a joint and
several and the act or consent of any one or more of such persons shall constitute the act or consent of the
entire ownership interest. In the event any joint Owners shall disagree among themselves as to the manner in
which any vote or right of consent held by them shall be exercised with respect to any pending matter, any such
Owner may deliver written notice of such disagreement to the Board of Directors of the Association and the vote
or right of consent involved shall then be disregarded completely in determining the proportion of votes or
consents given or withheld with respect to such matter. Whenever, for purposes of this Declaration, the consent,
vote or approval of a certain number, percentage or fraction of Owners is specified, all Owners of a single lot
shall be considered as one Owner.
8.6 Lessees and Other Invitees. Lessees, invitees, contractors, family members and other persons entering
the Property under rights derived from an Owner shall comply with all of the provisions of this Declaration
restricting or regulating the Owner's use, improvements to or enjoyment of such Owner's Lot and other areas
within the Property. All Owner(s) shall be responsible for obtaining such compliance and shall be liable for any
failure of compliance by such persons in the same manner and to the same extent as if the failure had been
committed by the Owner.
8.7 Nonwaiver. Failure by Declarant, the Association, the Committee, or any Owner to enforce any term,
provision, covenant or restriction contained in this Declaration shall in no event be deemed a waiver of the right
to do so thereafter.
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 20
•
8.8 Notice of Sale, Mortgage, Rental, or Lease. Immediately upon the sale, mortgage, rental, or lease of any
Lot, the Owner thereof shall promptly inform the secretary or the Association, or its managing agent(s), if any, of
the name and address of the vendee, mortgagee, lessee, or tenant.
8.9 Notices and Other Documents. All notices and other communications under this Declaration shall be in
writing and shall be deemed to have been given on the date of delivery when delivered by personal service, or
three (3) business days after the date the same are deposited in the United States mail, first class postage
prepaid, addressed to the person(s) or party to whom such notice is directed at its address determined as
provided section 8.10 below.
8.10 Addresses. All notices and other communications under this or her Declaration shall be given to the
persons and parties affected by this Declaration at the following addresses:
a. If to an Owner, then to the last address for such Owner shown in the Association's records;
b. If to the Declarant, then to: BENCHMARK LAND COMPANY — MERIDIAN (QUENZER), L.L.C.,
c/o Pacific Santa Fe Corporation
17700 SW Upper Boones Ferry Rd, Suite 100
Portland, OR 97224
8.11 Change of Address. Any person or party affected by this Declaration or who has or claims an interest in
the Property or any portion thereof may change the address to which notices shall be directed to such person or
party by giving thirty (30) days' written notice of such change of address delivered as provided herein.
IN WITNESS WHEREOF, the Declarant has executed this Declaration on this _ day of '1998.
BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company
By
Greg A. Hemstreet, Member
By Pacific Santa Fe Corporation, Member
By
Mark P. Rockwell, President
ACKNOWLEDGEMENT
STATE OF OREGON,
County of )S.S.
The foregoing instrument was acknowledged before me on February , 1998, by Greg A.
Hemstreet and Mark P. Rockwell as President of Pacific Santa Fe Corporation who are the sole members
of BENCHMARK LAND COMPANY - MERIDIAN (QUENZER), L.L.C., an Oregon limited liability company.
Notary Public for Oregon
My commission expires:
TURNBERRY SUBDIVISION COVENANTS, CONDITIONS AND RESTRICTIONS
Page 21
•
•
EXHIBIT A
Legal Description for Turnberry Subdivision No. 1
A parcel of land being a portion of the NE % of the SE % of Section 4, Township 3 North,
Range 1 West of the Boise Meridian, Ada County, Idaho being more particularly
described as follows:
Sixty-one (61) buildable lots indicated as Lot 2, Block 1; Lots 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12 and 13, Block 3; Lot 1, Block 4; Lots 1, 2, 3, 4, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17,
18 and 19, Block 5; Lots 1, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 13, Block 6; Lots 1, 2, 3, 4, 5, 6
and 7, Block 7; Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 8; Lots 1, 2, 3, and 4, Block 9,
Turnberry Subdivision No. 1, Ada County, Idaho.
Seven (7) non -buildable lots indicated as Lot 1 Block 1; Lot 1 Block 2; Lot 1 Block 3; Lots
5 and 11 Block 5; Lots 2 and 9 Block 6, Turnberry Subdivision No. 1, Ada County, Idaho.
EXHIBIT B
Landscape Plan for Turnberry Subdivision No. 1
Meridian City Council
November 5, 1997
Page 13
blocks from which the variance is requested to Shari Stiles, Planning and Zoning
Administrator and Gary Smith the City Engineer for approval. It is further decided that
the variance for.the piping of the Safford Lateral in Turnbeny Subdivision is approved.
Rountree: Second
Corrie: Motion made and seconded on the decision as read, any further discussion? All
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: TABLED OCTOBER 21, 1997: PRELIMINARY PLAT FOR TURNBERRY
SUBDIVISION BY BENCHMARK LAND CO.
Corrie: At this time I would like to have the representative from Turnberry Subdivision
(End of Tape)
Elg: (Inaudible) the preliminary plat was tabled or the hearing was closed on October
7 t as mentioned and the findings of fact were prepared and presented on October 21.
Are there any specific questions that you have about that preliminary plat that we still
need to address. I can answer any questions to that.
Corrie: Council, your pleasure?
Morrow. Mr. Mayor, I would move that we approve the preliminary plat for Tumbeny
Subdivision by Benchmark Land Co.
Tolsma: Second
Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the preliminary
plat for Turnbery Subdivision, any further discussion? All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: TABLED OCTOBER 21,1997: ORDINANCE #779 —TREE ORDINANCE:
Corrie: We still have some work to do on that one, so I would entertain a motion that be
tabled.
Morrow. So moved
Rountree: Second
Corrie: Motion made and seconded that we table item #8 the Tree Ordinance #779 until
our next meeting, any further discussion? All those in favor? Opposed?
0 •
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5 1997
APPLICANT: BENCHMARK LAND CO. ITEM NUMBER: 7
REQUEST: PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION* TABLED OCTOBER 21.1997
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE: `
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian City Council
October 21, 1997
Page 8
the Council I would move that we table until November
letter from
Morrow. If it agreeable wrath ending the arrival of
the the variance request for Benchmark Land Co. p
Nampa Meridian.
Tolsma: Second
ma o.,
b Mr. Morrow, second by Mr. Tolsma to table item #9 by
Corrie: Motion m Y
Benchmark Land Co., any further discussion? for Nampa Meridian to
Rountree: I guess my question is how long do we hold this up
respond?
Morrow. Only to the 5th.
Rountree: So if we don't receive anything by the 5th it is not pending (inaudible)
have uno firtheS�I°nOt hold the
rform. At
Morrow. That is correct. The intent
take act on. If they don't perform that point in time the Council
private sector up anymore.
e: An further discussion? Hearing none, all those in favor? Opposed?
Corrie:
MOTION CARRIED: All Yea
10: ORDINANCE #777 —TURN BERRY SUBDIVISION ANNEXATION:
ITEM#`10:
Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN ANNRECXIN OAND NOF
CERTAIN REAL PROPERTY WHICH IS T E 4RT.3N, R. W, BOISE MERIDIAN, ADA
IN THE NE '/4 OF THE SE /4 OF SEC
COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE in is anti retDATE. is y?re anyone
from the audience that would like to have Ordinance with the suspension
Morrow. Mr. Mayor, I would move that we approve Ordinance #777
of rules.
Tolsma: Second
Corrie: Motion
made .and seconded that we approve Ordinance #777 with the
suspension of rules, roll call vote.
LL VOTE: Morrow Yea, Bentley — Yea, Rountree Yea, Tolsma —Yea
ROLL CALL
MOTION CARRIED: All Yea
0
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby add7opts and approves
these Findings of Fact
and Conclusions of Law on this l day of 4 7 G , 199X 7
COUNCILMAN MORROW
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN TOLSMA
MAYOR CORRIE (TIE BREAKER)
(INITIAL)
APPROVED
DISAPPROVED.
VOTED kaek
VOTED
VOTED
VOTED iJ
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - A'� 2�
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
BENCHMARK LAND CO.
APPLICATION FOR ANNEXATION AND ZONING
TURNBERRY SUBDIVISION
NE 1/4 OF THE SE 1/4, SECTION 4,
TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
WEST SIDE OF BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for public hearing on August 12, 1997, at the hour of 7:00
o'clock p.m., the Applicant appearing through its representatives,
John Knight and Van Elg of Briggs Engineering, the Planning and
Zoning Commission of the City of Meridian having duly considered
the evidence and the matter makes the following Findings of Fact
and Conclusions of Law:
FINDINGS OF FACT
1. The notice of public hearing on the application for
annexation and zoning was published for two (2) consecutive weeks
prior to said public hearing scheduled for August 12, 1997, the
first publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the August 12,
1997, hearing; that the public was given full opportunity to
express comments and submit evidence; and that copies of all
notices were available to newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
BENCHMARK LAND CO.
r
2. The property included in the application for annexation
and zoning is described in the application, and by this reference
is incorporated herein as if set forth in full. The property is
approximately 35.69 acres in size.
3. The Applicant is not the record owner of the property;
however, the record owners have consented to this application.
4. The property is presently zoned by Ada County as RT,
Rural Transitional, and is used for a residence and agricultural
purposes. The Applicant requests the property be zoned (R-4), Low
Density Residential District. The Applicant has requested the
annexation and this zoning, and the application is not at the
request of the City of Meridian.
5. The Applicant intends to develop a single-family
residential subdivision known as Turnberry Subdivision. More
specifically, a residential. development consisting of 118 single
family residential lots.
6. The property is located on the west side of Black Cat
Road between Ustick and Cherry Lane. The property adjoins the city
limits of the City of Meridian.
7. Pursuant to the application, the property will be
developed in two phases. The proposed zoning provides for a
maximum density of four dwelling units per acre. The Applicant
maintains that the proposed development meets a need in the area by
offering larger lot sizes. In this regard, the density of the
proposed subdivision is similar to the R-3 zoning which provides
for three dwelling units per acre. City services will be provided
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
BENCHMARK LAND CO.
for the lots within this development. Each component of this
development will comply with applicable requirements and
ordinances.
8. The Applicant's representative, John Knight, testified
substantially as follows. The Applicant seeks the annexation and
zoning of property to be developed as a. residential subdivision
consisting of 118 lots. The minimum lot size is 8,000 square feet,
and all lots meet the minimum lot size requirements. Quite a few
of the lots exceed 8,000 square feet. The development plans for
the property incorporate a sense of community. He has met with
Shari Stiles and Bruce Freckleton to address the concerns they have
expressed. One of the concerns expressed by Ms. Stiles is that few
of the subdivisions in the City of Meridian provide street trees,
which the landscaping plan for the proposed subdivision offers.
Pursuant to the proposed covenants, conditions and restrictions for
the subdivision, each house in the subdivision will be required to
have two trees located along the street frontage. The purpose of
this is to create a sense of real community. He believes that the
Applicant has met the objectives which the Shade Tree Committee is
attempting to achieve. He hopes the proposed subdivision sets an
example for what could be accomplished with a shade tree ordinance.
Another comment of Ms. Stiles pertained to the swales or the
detention/retention basins of the subdivision. The Applicant has
provided for the retention areas within the subdivision with some
landscaping in such areas. In phase two of the subdivision, the
Applicant has made an effort to provide a small tot lot type of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
BENCHMARK LAND CO.
facility, for children between the age of two and five years. The
Applicant has met with the Ada County Highway District, and he
believes that the Applicant has addressed and resolved its
expressed concerns. The proposed subdivision has passed Ada County
Highway District's technical review committee.
9. The Applicant's representative, Van Elg, testified
substantially as follows. The proposed subdivision has a total of
134 lots, 118 of which are buildable. There exist a number of open
space landscape lots as provided in the proposed subdivision plat.
A great deal of effort and time has been expended in planning this
project. The Applicant has addressed the issues raised by the Ada
County Highway District regarding right-of-way, future accesses,
stub streets, collectors, arterials and dedication of right-of-
ways. All of these issues have been discussed at great length and
detail. Traffic engineering reports have been ,provided which
support the proposed design of the subdivision for future
connections to other developments or land within the area, which
insures that the proposed development will not land lock anyone and
access is available in the future. The Applicant has reviewed the
City staff's comments, and believes it has addressed each one
through the comment letter submitted to the City of Meridian.
10. The Applicant's representative, Van Elg, further
testified substantially as follows. There is approximately 2.77
acres of open space presently proposed in the project. There are
two lots which provide some common area for pathway connection.
These areas will also provide drainage areas and serve as breaks to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
BENCHMARK LAND CO.
block lengths. The Applicant has attempted to address each comment
of City staff. The total density of the project is approximately
three dwelling units per acre for the proposed R-4 zoning, which
permits four units per acre. Consequently, there exists
approximately 8% open space with three dwelling units per acre.
The proposed zoning is compatible with typical patterns within the
area and adjacent developments across Black Cat Road. The Nampa &
Meridian Irrigation District's access road lies within the area to
be used for buffering. One of the concerns of the Nampa & Meridian
Irrigation District and some of the neighbors is the dumping of
lawn clippings, which would clog the irrigation ditch. The
Applicant proposes the construction of a fence in the area, which
would essentially alleviate such concern. With regard to the
fencing, the Nampa & Meridian Irrigation District does not permit
wood or other combustible fencing. Consequently, the Applicant is
exploring different options for the fencing material or placing a
note on the plat concerning destruction of the fence and,
notwithstanding the destruction of the fence due to ditch cleaning,
the homeowners are responsible to replace the fence. The Nampa &
Meridian Irrigation District has not given the Applicant approval
of the idea of placing such a note on the plat. The Applicant will
continue to explore options to such issue. There exist a number of
crossing within the proposed subdivision. With regard to the
crossing to the south and the west, the Ada County Highway District
requires that the Applicant deposit into the trust fund money for
extension of the roads across the irrigation ditches. Accordingly,
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BENCHMARK LAND CO.
the Applicant will not have to build the connection, but money is
available for such connections in the future. Pressure irrigation
will be provided to the proposed subdivision. Irrigation water
will be diverted from the Safford Lateral at the southeast corner
of the property. The Applicant plans to meet with the developer of
Ashford Greens to consider the possibility of tying the pressure
irrigation systems together. The Applicant is seeking a variance
on the tiling of the existing irrigation ditch due to the volume
and slope of the ditch. With regard to the internal road, the
Applicant has established a buffer on the main access road. There
are buffers on each side with turning lanes into and out of the
property. The road is designed as a collector its full length.
This design has the specific purpose to assist traffic flow from
surrounding properties onto Black Cat Road. The buffering exists
to help minimize any impacts and improve the appearance of the
proposed subdivision. No lots will front on that entrance street.
11. In response to questions of Commissioner Borup, Mr. Elg
testified substantially as follows. The size and species of the
trees to be planted in the subdivision will be specified in the
covenants, conditions and restrictions of the subdivision. The
proposed trees are flowering pears, which will grow to a height of
25 to 35 feet and located 25 to 30 feet apart. The trees will run
the length of one of the roads of the subdivision. There are also
lindens to be planted which are taller with more foliage. Maple
trees are to be planted on the inner development of the proposed
subdivision.
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12. In response to questions of Commissioner Borup, Mr.
Knight testified substantially as follows. David Koga, the
Applicant's landscape architect is to develop a street tree theme
which would create a hierarch. Eventually, one would be able to
drive through the proposed subdivision and observe a tree lined
effect of flowering pears. In the internal part of the proposed
subdivision, the Applicant is considering large shade trees. The
issue of the trees will be addressed in the subdivision's
covenants, conditions and restrictions. The Applicant has not yet
determined the manner in which the trees will be acquired and
planted.
13. The Assistant to the City Engineer, Bruce Freckleton, and
the Planning and Zoning Administrator, Shari Stiles, submitted
general comments and site specific comments. Their general
comments and site specific comments are incorporated herein as if
set forth in full. Their general comments included the following:
a. 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 Pubic
Works Department. A variance for tiling has been
submitted for the Safford Lateral;
b. Any existing domestic wells and/or septic systems
within this project will have to be removed from their
domestic service per City Ordinance Section 5-7-517.
Wells may be used for non-domestic purposes such as
landscape irrigation;
C. The Applicant is to 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;
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Lot 14, Block 2; and Lots 13 and 14, Block 6, would need
arrow symbols added in the current configuration. A
variance application has been submitted for lots on
curves that do not meet minimum frontage requirements;
d. Lot 9, Block 2, does not meet the minimum chord
length of 40 feet;
e. The Applicant is to identify the source of the
pressurized irrigation system. Any proposal for a
supplementary connection from the City's water system
will need to be reviewed closely due to the size of the
area to be watered. The Applicant shall be responsible
for the payment of assessment and meter fees associated
with said supplementary connection;
f. 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 the Applicant's expense. Typical locations are at
street intersections and/or fire hydrants;
g. The Applicant is to identify the locations where
open detention ponds are proposed to be utilized. The
City has been experiencing problems with groundwater in
drainage areas, particularly those without an outflow to
an existing drainage system;
h. A detailed landscape plan for the common areas shall
be submitted for review and approval prior to the
submittal of the final plat map. A letter of credit or
cash surety will be required for the improvements prior
to signature on the final plat;
i. The Applicant is to construct six foot high,
permanent, non-combustible perimeter fencing except where
the City has expressly agreed, in writing, that such
fencing is not necessary. Fencing is to be in place
prior to applying for building permits.
j. A development agreement is required for this
project, as a condition of annexation of the property;
k. The Applicant is to correct the spelling of the
Safford Lateral on the plat;
1. Crossings will need to be built at the west ends of
Tournament and Classic Drives, as well as the south end
of O'Conner Way. The Ada County Highway District will
require that deposits be made for future construction of
these crossings, with construction taking place when the
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BENCHMARK LAND CO.
property to the west is developed. Fencing should be
continued across these stub streets. Sewer and water
shall also be stubbed to the subdivision boundary at
these locations;
M. Can the sewer and water be designed so that there is
not a need to exit the development through a common lot?;
and
n. The preliminary plat map is required to carry the
stamp, signature and date of the professional engineer
that has done the preliminary design.
14. The Applicant's representative, Dean Briggs of Briggs
Engineering, responded in writing to the general and site specific
comments of the Assistant to the City Engineer and the Planning and
Zoning Administrator through a letter dated August 8, 1997. This
responsive letter is incorporated herein.as if set forth in full.
Mr. Briggs' responses to the general comments, one through eight,
included the following:
a. Item 1. is understood. As indicated, a variance for
the tiling of the large irrigation/drainage ditches has
been submitted - this request will be heard by the
Meridian City Council for consideration;
b. Item 2. is understood. An existing well and septic
system exist in the southeast portion of the site
(serving the old dwelling). These facilities will be
appropriately removed and/or used for supplemental
landscape irrigation;
C. Item 3. is understood. A determination of seasonal
high ground water and specific subsurface soils
conditions will be submitted with the final street plans.
A soils report for this area was submitted with this
application. Please note that as discussed in the report
prepared by Kleinfelder, groundwater and/or soil
conditions are not expected to limit the scope of this
development;
d. Item 4. is understood. Five foot sidewalks will be
provided in accordance with City Code (as shown on the
preliminary plat);
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e. Item 5. is understood. Water service connections
will be made to City of Meridian main lines in Black Cat
Road. Briggs Engineering, Inc. will coordinate this
connection with the Department of Public Works;
f. Item 6. is understood. Letters from the Ada County
Street Naming Committee and the Ada County Engineer were
already submitted with this application. Revised letters
will be provided to support the specific names used and
the identified street locations. Any corrections will be
noted. Another copy of the preliminary plat (updated)
and a vicinity map will be submitted to the Ada County
Engineer and the Ada County Street Naming Committee for
additional review - as requested;
g. Item 7. is understood. Fire hydrant locations will
be coordinated with the Department of Public Works as
part of the plan review process. General locations of
hydrants are shown on the preliminary plat; and
h. Item 8. is understood. Although not required, we
felt we could make the minor revisions/adjustments to
this preliminary plat and submit it in time for
Commission review - rather than submit the revisions only
to Council. A great deal of time and effort has been
devoted to the preparation of this preliminary plat - we
hope the extra effort will assist you in making a
comfortable and informed decision for approval.
Mr. Briggs' responses to the site specific comments included the
following:
a. Item 1. is understood. Briggs Engineering, Inc.
will continue working closely with the Department of
Public Works to verify adequate sewer capacity and to
ensure appropriate design;
b. Item 2. is understood. Water connection and stubs
will be designed and provided as required;
C. Item 3. is understood. Lot dimensions and front
orientation arrows (where appropriate) will be shown.
Some of the corner lots will have reversed frontages -
with the longer sides serving as the front yard;
d. Item 4. is understood. Lot 9, Block 2 has been
adjusted to meet the applicable frontage requirements;
e. Item 5. is understood. As noted by staff, due to
the size of the open space/landscape areas that will
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require irrigation, and in compliance with Meridian Code,
pressurized irrigation will be provided. At this time,
the proposed source for the pressurized irrigation system
will be from the Safford Lateral (see proposed pump
location at the southeast corner of the site). The
existing domestic well may also serve as a potential
source for supplemental irrigation of landscaped areas.
The appropriate Land Use Change applications will be
submitted to the Nampa -Meridian Irrigation District for
review and approval;
f. Item 6. is understood. Street lights will be
installed at the developer's expense. Street light
locations, as shown on the preliminary plat, will be
adjusted where necessary to conform to City requirements;
g. Item 7. is understood. Drainage areas/facilities
are identified on the preliminary plat. These facilities
will be combined with the open space areas (see the
preliminary plat and the landscape plan for further
detail);
h. Item 8. is understood. Although not required prior
to the submittal of the final plat, we again felt that it
would be helpful to present the proposed landscape plan
for this project to both the Commission and the City
Council. As suggested by staff, we have tried to
eliminate any potential conflicts with the irrigation
ditches on the site with the creation of separate lots
for these facilities. In addition to this land being set
aside and excluded from any useable area for these
facilities, please note the buffering, open areas,
landscaping, and walks that have been incorporated into
this project. These facilities help beautify and protect
the project, they provide linkage between blocks, and
eliminate concerns about long block lengths;
i. Item 9. is understood. A six-foot high non-
combustible fence will be installed where required;
j. Item 10. is understood. A development agreement
will be submitted upon request from the City. The
appropriate timing for this submittal will be discussed
with staff;
k. Item 11. is understood. The spelling had been
corrected and noted on the plat;
1. Item 12. is understood. The three crossings will
eventually be constructed as noted — appropriate funding
will be provided as required by ACHD. Fencing, sewer,
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BENCHMARK LAND CO.
and water will also be constructed and stubbed at the
appropriate locations;
M. Item 13. is understood. Briggs Engineering, Inc. is
reviewing this item. We will continue to discuss the
design and/or any changes with Public Works staff. The
lot and line will certainly be eliminated if warranted
and if other reasonable options exist; and
n. Item 14. is understood. An engineer's stamp has
been placed on the preliminary plat.
15. The Meridian Police Department and the Meridian Sewer
Department submitted comments, which respective comments are
incorporated herein as if set forth in full.
16. The Meridian Fire Department submitted comments, which
comments are incorporated herein as if set forth in full. Its
comments included that all common lots will need to be kept clear
of trash and weeds, and that street name signs will need to be
installed before building is started.
17. The Nampa & Meridian Irrigation District submitted
comments, which comments are incorporated herein as if set forth in
full. Its comments included the following:
a. The Nampa & Meridian Irrigation District's Safford
Lateral courses along the south and west boundary of the
project. The right-of-way of the Safford Lateral is 45
feet; 30 feet to the right and 15 feet to the left facing
downstream. See Idaho Code Section 42-1208-- RIGHTS-OF-
WAY NOT SUBJECT TO ADVERSE POSSESSION. The Applicant
must contact the Nampa & Meridian Irrigation District for
approval before any encroachment or change of right-of-
way occurs.
b. The Nampa & Meridian Irrigation District requires a
Land Use Change/Site Development application be filed for.
review prior to final platting. All laterals and waste
ways must be protected;
C. All municipal surface drainage must be retained on
site. If any surface drainage leaves the site, the Nampa
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& Meridian Irrigation District must review drainage
plans;
d. The Applicant must comply with Idaho Code Section
31-3805; and
e. It is recommended that irrigation water be made
available to all developments within the Nampa & Meridian
Irrigation District.
18. Idaho Power submitted comments, which comments are
incorporated herein as if set forth in full. Its comments included
that it requires a permanent 10 foot wide public utilities easement
along all lots adjacent to a road right-of-way dedicated to public
or private use.
19. The Central District Health. Department submitted
comments. Its comments are incorporated herein as if set forth in
full. Its submitted comments included the following. After
written approval from the appropriate entities are submitted, it
can approve this proposal for central sewage and .central water.
Plans for central sewage and central water must be submitted to and
approved by the Idaho Department of. Health & Welfare, Division of
Environmental Quality. Street runoff is not to create a mosquito
breeding problem. Stormwater management systems should be water
quality sensitive to prevent contamination.
20. The Ada County Highway District submitted comments, which
comments are incorporated herein as if set forth in full. Its
comments included, but are not limited to, the following:
a. The Applicant is to dedicate 45 feet of right-of-way
from the centerline of Black Cat Road abutting the parcel
by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a
building permit (or other required permits), whichever
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occurs first. The owner will be compensated for this
additional right-of-way from available impact fee
revenues in this benefit zone. If the owner wishes to be
paid for the additional right-of-way, the owner must
submit a letter of application to the impact fee
administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance #188;
b. The Applicant is to construct an Ada County Highway
District approved turnaround at the terminus of both
Ayrshire Court and Ailsa Court. The Applicant is to
submit a design of the turnarounds for review and
approval by District staff;
C. Stub O'Conner Way to the south ( between Lot 1, Block
5, and Lot 15, Block 1), approximately 630 -feet west of
the east property line;
d. Stub O'Conner Way to the north ( between Lot 1, Block
4, and Lot 14, Block 2), approximately 630 -feet west of
the east property line;
e. The main project entrance off Black Cat Road shall
be designed with 21 feet of pavement on either side of a
center median and located approximately 470 feet south of
the north property line (from Black Cat Road to
Professionals Way). The median shall be constructed a
minimum of 4 feet wide to total a 100 square foot area
and located outside the new right-of-way of Black Cat
Road. The applicant will be required to dedicate 58 feet
of right-of-way plus the additional width of the median
(from Black Cat Road to Professional Way). The median
shall be a designated lot owned and maintained by a
homeowners association;
f. The Applicant is to construct a center turn lane and
a deceleration lane on Black Cat Road for the Charles
Street/Black Cat Road intersection. The applicant shall
construct the southbound deceleration lane beginning at
a point 90 feet north of Charles Street tapering to a
width of 9 feet wide. The northbound turn lane shall be
constructed to provide a minimum of 100 feet of storage
with shadow tapers for both the approach and departure
for the center turn lane. The Applicant is to coordinate
the design of the turn lane with District staff;
g. Charles Street, from Black Cat Road to Professionals
Way, shall be designated as a residential collector with
no front on housing. Notes of this restriction shall be
noted on the final plat;
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h. Charles Street, from Professionals Way to Jagger
Avenue, shall also be designated as a residential
collector with no front housing. Notes of this
restriction shall be noted on the final plat;
i. Unless otherwise stated, all internal roads shall be
constructed as 37 -foot street sections with curb, gutter
and 5 feet wide concrete sidewalk within 50 feet of
right-of-way;
j. As required by District policy, restrictions on the
width, number and locations of driveways, shall be placed
on future development of this parcel; and
k. Other than the access point specifically approved
with this application, direct lot or parcel access to
Black Cat Road is prohibited. Lot access restrictions,
as required with this application, shall be stated on the
final plat.
21. There were no other comments by the public regarding this
application.
22. The property is adjacent and abutting the present city
limits of the City of Meridian.
23. The property which is the subject of this application is
within the Area of Impact of the City of Meridian.
24. The entire parcel of the property is included within the
Meridian Urban Service Planning Area as the Urban Service Planning
Area is defined in the Meridian Comprehensive Plan.
25. The property is in an area designated on the Generalized
Use Map of the Meridian Comprehensive Plan as a single family
residential area. In the Comprehensive Plan property inside the
Urban Service Planning Area may be developed at greater densities
than one dwelling unit per acre.
26. In the Meridian Comprehensive Plan under LAND USE, Rural
Areas, Section 6.3 provides that land in agricultural activity
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BENCHMARK LAND CO.
should so remain in agricultural activity until urban services can
be provided. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29.
27. The City of Meridian has, and is, experiencing a
population increase, and as a result there exist pressures to
develop land, previously used for agricultural uses, into
residential subdivision lots.
28. The property can be physically serviced with City of
Meridian water and sewer if the Applicant extends the lines, and
constructs and installs the necessary equipment and facilities.
29. The R-4, Low Density Residential District is described in
the Zoning and Development Ordinance, 11-2-408 B. 3 as follows:
(R-4) Low Density Residential District: Only single-
family dwellings shall be permitted and no conditional
uses shall be permitted except for Planned Residential
Development and public schools. The purpose of the (r-4)
District is to permit the establishment of low density
single-family dwellings, and to delineate those areas
where predominately residential development has, or is
likely to occur in accord with the Comprehensive Plan of
the. City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-4) District allows for a
maximum of four (4) dwelling units per acre and requires
connection to the Municipal Water and Sewer System of the
City of Meridian.
30. Pursuant to the Zoning and Development Ordinance, 11-2-
411 D 1., all new single-family detached housing in the (R-4) Low
Density Residential District shall be constructed to contain at
least 1,400 square feet of living space of which the garage is not
included in determining the square footage of living space.
31. The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, 112. RESIDENTIAL POLICIES 2.1U
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Support a variety of residential categories (urban, rural, single-
family, multi -family, townhouses, duplexes, apartments,
condominiums etc.) for the purpose of providing the City with a
range of affordable housing opportunities." COMPREHENSIVE PLAN
CITY OF MERIDIAN at page 23.
32. The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.:
Within the Urban Service Planning Area development may
occur in densities as low as3 dwellings units per acre
if physical connection is made to existing City of
Meridian water and sewer service and the property is
platted and subdivided in accordance with Ada County
Zoning and Subdivision Ordinances Policy. Development
density below three dwelling units. per acre may be
allowed by conditional use permit. if a cost/benefit
analysis indicates positive impacts to the City of
Meridian.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29.
33. The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4 c.:
Residential development is allowed in the rural areas
provided that said development.does not exceed the Rural
Residential Agricultural density, unless it is inside the
Urban Service Planning Area and City sewer and water is
provided, when Low, Medium and High density residential
may be considered. All residential development must also
comply with the other appropriate sections of this plan.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 30.
34. The following pertinent statements are made in the
Meridian Comprehensive Plan under HOUSING, Housing Policies:
1.1 The City of Meridian intends to provide for a wide
diversity of housing types (single-family, modular,
mobile homes and multi -family arrangements) and choices
between ownership and rental dwelling units for all
income groups in a variety of locations suitable for
residential development.
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1.3 An open housing market for all persons, regardless
of race, sex, age, religion or ethnic background, shall
be encouraged.
1.4 The development of housing for all income groups
close to employment and shopping centers should be
encouraged.
COMPREHENSIVE PLAN CITY OF MERIDIAN at page 67.
35. The City of Meridian has experienced an influx in its
population which influx is reasonably anticipated to continue. The
property borders upon City limits of the City of Meridian, and
economic conditions are making the continuation of farming in the
area difficult.
36. With regard to this application, Planning and Zoning
Administrator, Shari Stiles, and Assistant to the City Engineer,
Bruce Freckleton, made the specific comment that the annexation of
the property should be conditioned upon a development agreement.
37. In 1992, the Idaho State Legislature passed amendments to
the Local Planning Act, which included amending Idaho Code Section
67-6513. Section 67-6513 provides in part:
Each such ordinance may provide for mitigation of the
effects of subdivision development on the ability of
political subdivisions of the state, including school
districts, to deliver services without compromising
quality of service, delivery to current residents or
imposing substantial additional costs upon current
residents to accommodate the proposed subdivision.
38. The City of Meridian is concerned with the increase in
its population, and the impact such increase has upon its ability
to provide fire, police, emergency health care, water, sewer, parks
and recreation services to its current residents and to those
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
BENCHMARK LAND CO.
moving into the City of Meridian. The City of Meridian is further
concerned about the impact and burden placed upon the schools of
Meridian School District No. 2 resulting from the influx of its
population. The City of Meridian knows the increase in population
does not sufficiently increase the tax base to offset the costs of
providing fire, police, emergency health care, water, sewer, and
parks and recreation services. The City of Meridian further knows
the increase in population does not provide sufficient tax base to
provide for school services to current and future students.
39. Pursuant to the instruction, guidance and direction of
the Idaho State Legislature, the City of Meridian may impose either
a development fee or a transfer fee on residential property, which,
if possible, would be retroactive to apply to all residential lots
in the City because of the imperilment to the health, welfare and
safety of its citizens.
40., Section 11-9-605 C of the Zoning and Development
Ordinance provides, "Right-of-way for pedestrian walkways in the
middle of the long blocks may be required where necessary to obtain
convenient pedestrian circulation to schools, parks or shopping
areas; the pedestrian easement shall be at least ten feet (101)
wide."
41. Section 11-9-605 G of the Zoning and Development
Ordinance provides in part:
Planting strips . . . shall conform to the following:
I. Planting Strips - Planting strips shall be required
to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses
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to screen the view from residential properties.
Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal
street right of way or utility easement; . . .
42. Section 11-9-605 H of the Zoning and Development
Ordinance provides in part:
Public sites and open spaces shall conform to the
following:
1. Natural Features - Existing natural features which
add value to residential development and enhance
the attractiveness of the community (such as trees,
watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the
design of the subdivision;
43. Section 11-9-605 K of the Zoning and Development
Ordinance provides:
The extent and location of lands designed for linear open
space corridors should be determined largely by natural
features and, to a lesser extent, by man-made features
such as utility easements, transportation rights of way
or water rights of way. Landscaping, screening or lineal
open space corridors may be required for the protection
of residential properties from adjacent arterial streets,
waterways, railroad rights of way or other features. As
improved areas (landscaped), semi -improved areas (a
landscaped pathway only), or unimproved areas (left in a
natural state), linear open space corridors serve:
1. To preserve openness;
2. To interconnect park and open space systems within
rights of way for trails, walkways, bicycle ways;
3. To play a major role in conserving area scenic and
natural values, especially waterways, drainageways
and natural habitat;
4. To buffer more intensive adjacent urban land uses;
5. To enhance local identification within the area due
to the internal linkages; and
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6. To link residential neighborhoods, park areas and
recreation facilities.
Subdivision plats or development plans shall show the
location of any lineal open space corridors.
44. Section 11-9-605 L of the Zoning and Development
Ordinance provides:
Bicycle and pedestrian pathways shall be encouraged
within new developments as part of the public right of
way or as separate easements so that an alternate
transportation system (which is distinct and separate
from the automobiles) can be provided throughout the City
Urban Service Planning Area. The Commission and Council
shall consider the Bicycle -Pedestrian Design Manual for
Ada County (as prepared by Ada county [sic] Highway
District) when reviewing bicycle and pedestrian pathway
provisions within developments.
45. Section 11-9-605 M of the Zoning and Development
Ordinance provides in part:
All irrigation ditches, laterals or canals, exclusive of
natural waterways, intersecting, crossing or lying
adjacent and contiguous, or which canals, ditches or
laterals touch either or both sides of the area being
subdivided, shall be covered and enclosed with tiling or
other covering equivalent in ability to detour access to
said ditch, lateral or canal.
46. Proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met;
including the mailing of notice to owners of property within 300
feet of the external boundaries of the property.
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BENCHMARK LAND CO.
2. The City of Meridian has authority to annex land pursuant
to Idaho Code Section 50-222 and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian. The exercise of
the City's annexation authority is a legislative function.
3. The Planning and Zoning commission. has judged this
annexation and zoning application under Idaho Code Section 50-222,
Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it may take judicial notice.
4. There has been compliance with all notice and hearing
requirements set forth in Title 67, Chapter, 65, Idaho Code, and the
Ordinances of the City of Meridian.
5. The Commission may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. The land within the proposed annexation is contiguous to
the present city limits of the City of Meridian, and the annexation
would not be a shoestring annexation.
7. The annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
8. As the annexation and zoning of land is a legislative
function, the City has authority to place conditions upon the
annexation of land. See Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P2d 1075 (1983).
9. The development of the annexed land, if annexed, shall
meet and comply with the Ordinances of the City of Meridian
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
BENCHMARK LAND CO.
0 0
including, but not limited to: Section 11-9-616 which pertains to
development time schedules and requirements; Section 11-9-605 M,
which pertains to the piping of ditches; and Section 11-9-606 B
14., which pertains to pressurized irrigation systems.
10. The development of the property shall.be subject.to and
controlled by the Zoning and Development Ordinance of the City of
Meridian.
11. Section 11-2-417 D of the Zoning and Development
Ordinance provides in part as follows:
If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property.. If a commitment is
required or permitted, it shall be recorded in the office
of the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the
property, or prior if agreed to by the owner of the
parcel.
It is concluded, however, that it is more appropriate to enter into
a development agreement for the development of the property, and
therefore as a condition of annexation, a development agreement
must be entered into prior to development of the property or
issuance of final plat approval.
12. As a condition of annexation and the zoning of (R-4) Low
Density Residential District, the Applicant shall enter into a
development agreement as authorized by 11-2-416 L and 11-2-417 D.
The development agreement shall address, but not limited to, the
following matters:
a. Inclusion into the development the requirements of
11-9-605;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
BENCHMARK LAND CO.
b. Payment by the Applicant, or if required, any
successors in interest, assigns, heirs, executors
or personal representatives, of any impact,
development, or transfer fee, adopted by the City;
C. Addressing the property access linkage, screening,
buffering, transitional land uses and traffic
study;
d. An impact fee, or fees for fire, police, emergency
health care, water, sewer, and parks and recreation
services as determined by the City;
e. Appropriate berming and landscaping;
f. Submission and approval of any required plats;
g. Submission and approval of individual building,
drainage, lighting, parking, and other
developmental plans of the property;
h. Harmonizing and integrating the site improvements
with the surrounding residential development and
other development;
i. Addressing and complying with the present general
and site specific comments of and the comments
hereafter made by the Planning and Zoning
Administrator;
j. Addressing and complying with the present general
and site specific comments of and the comments
hereafter made by. the City Engineer and the
Assistant to the City Engineer;
k. Addressing and complying with the comments and
requirements of the Ada County Highway District;
1. Addressing and complying with the comments and
requirements of other governmental agencies
submitting comments;
M. The sewer and water requirements;
n. Traffic plans and access into and out of any
development; and
o. Any other items or matters deemed necessary by the
City Staff, including design review of all
development, and conditional use processing.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
BENCHMARK LAND CO.
13. As the property is in an area marked as a single family
residential area, the annexation and zoning application is in
conformance with the Rural Area policies.
14. The development of the property as an (R-4) Low Density
Residential District, as requested by the Applicant, would be
compatible to the development in the surrounding area.
15. It is therefore concluded that the annexing and zoning of
the property is in the best interest of the City of Meridian, and
it is concluded that the annexation shall be conditioned upon
meeting the requirements of these Findings of Fact and Conclusions
of Law and if they are not met the land may be de -annexed.
16. The requirements of the Meridian City Engineer, Meridian
Planning and Zoning Administrator, Meridian Fire Department, Idaho
Power, Ada County Highway District, Central District Health
Department, the Nampa & Meridian Irrigation District and other
governmental agencies shall be met and addressed in a development
agreement.
17. Unless a variance is granted by the City of Meridian, all
ditches, canals, and waterways shall be tiled as a condition of
annexation and if not so tiled, the property shall be subject to
de -annexation.
18. Pressurized irrigation shall be installed and
constructed, and if not so done the property shall be subject to
de -annexation.
19. The Applicant shall be required to connect the property
to the City of Meridian's water and sewer systems, extend the water
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26.
BENCHMARK LAND CO.
and sewer lines to serve the property, and resolve how the water
and sewer mains will serve the property, all of which shall be at
the Applicant's, or its successor's, or successors' cost and
expense. Said water and sewer requirements shall be performed on
or before the time that the Applicant or its successor, or
successors desire to use the property or place a user on the
property.
20. These conditions shall run with the land and bind the
Applicant and its successors in interest, assigns, heirs, executors
or personal representatives.
21. With compliance of the conditions and requirements
contained herein, the annexation and zoning of the property as (R-
4) Low Density Residential District would be in the best interest
of the City of Meridian.
22. If these conditions of approval are not met, the property
shall not be annexed or if already annexed, it shall be de -annexed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27.
BENCHMARK LAND CO.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER MACCOY
COMMISSIONER SMITH
"-1s C11—
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED L tA--
VOTED ter
VOTED'
VOTED
DECISION AND RECOMMENDATION
The Planning and Zoning Commission hereby recommends that the
property set forth in the application be approved by the City
Council for annexation and zoning under the conditions set forth in
these Findings of Fact and Conclusions of Law, including that the
Applicant or its successors in interest, assigns, heirs, executors
or personal representatives enter .into a development agreement;
that if the Applicant is not agreeable with these Findings of Fact
and Conclusions of Law and/or is not agreeable with entering into
a development agreement, the property should not be annexed.
MOTION:
APPROVED r DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28.
BENCHMARK LAND CO.
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
meow .
HUB OF TREASURE VALLEY M
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M.ROUNTREE
GLENN R. BENTLEY
P &Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
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: August 5. 1997
TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97
REQUEST: Annexation/Zoning/Preliminary Plat for Turnberry Subdivision
BY: Benchmark Land Co.
LOCATION OF PROPERTY OR PROJECT: Black Cat Road (west side) between Ustick and
Cherry Lane
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
RON MANNING, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. & FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (P LIM. &FINAL PLAT)
BUREAU OF RECL T N (PRELIM. & FINAL PLAT)
CITY FILES
OTHER: '140 _9j)
YOUR CONCISE REMARKS:
J U L 2 1 195'
Cff Y OF. ERI1. PI
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
40FP= f
N HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
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: August 5, 1997
TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97
REQUEST: Annexation/Zoning/Preliminary Plat for Turnberry Subdivision
BY: Benchmark Land Co.
LOCATION OF PROPERTY OR PROJECT: Black Cat Road (west side) between Ustick and
Cherry Lane
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 F.NCTRgF.F.R
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION CE:I
CENTRAL DISTRICT HEALTH �[�
NAMPA MERIDIAN IRRIGATION DISTRICT J U L 2 1
SETTLERS IRRIGATION DISTRICT 1997
IDAHO POWER CO. (PRELIM. & FINAL PLAT)OF MERIDIQ'
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
M wx o •t✓ & a.
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SUPERINTENDENT
Dr. Bob L. Haley
July 22, 1997
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Re: Turnberry Subdivision
Dear Councilmen:
REG'E'vED
AUI) 1 1 1997
CITY OF MERIDIAN
I have reviewed the plat for Turnberry Subdivision and find that it includes approximately 118 homes
assuming a median value of $115,000. We also find that this development is located in census tract
103.10 and in the attendance zone for Chaparral Elementary School, Meridian Middle School and
Eagle High School.
Using the above information we can predict that these homes, when completed, will house 33
elementary aged children, 27 middle school aged children, and 34 senior high aged students. This
development will cause additional overcrowding in all three schools. The cost per student for
newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000
per elementary student and $10,000 per middle or high school student.
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
•
VC,
SUSAN S. EASTLAKE, President
GARY E. RICHARDSON, Vice President
SHERRY R. HUBER, Secretary
August 28, 1997
TO: Benchmark Land co.
c/o Pacific Land Management
16325 SW Boones Ferry Suite 203
Lake Oswego OR 970J5
FROM: Karen Gallagher, o matt -A
Planning & Development Services Division
SUBJECT: Preliminary Plat-Turnberry/MPP-01-97
West side of Black Cat between Ustick Road & Cherry Lane
On August 27, 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:
1. Drainage plans shall be submitted and subject to review and approval by the
District.
2. If public street improvements are required: 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, tt gether 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.
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
0
August 28, 1997
Page 2
3. Furnish copy of Final Plat showing street names as approved by the Local
Government Agency having such authority together with payment of fee charged
for the manufacturing and installation of all street signs, as required.
4. If Public Rights -of -Way Trust Find deposit is required, make deposit to the
District in the form of cash or cashier's check for the amount specified by the
District.
5. Furnish easements, agreements, and all other datum or documents as required by
the District.
6. Furnish Final Plat drawings for District acceptance, certifications, and
endorsement. The final plat must contain the signed endorsement. The final plat
must contain the signed endorsement of the Owner's and Land Surveyor's
certification.
7. Approval of the plat is valid for one year. An extension of one year will be
considered by the Commission if requested within 15 -days prior to the expiration
date.
Please contact me at 345-7680, should you have any questions.
101
cc: Plan & Dev Svcs/Chron
John Edney
Chuck Rinaldi
City of Meridian
Van Elg, Briggs, Eng.
• 0
ADA COUNTY HIGHWAY DISTRICT
Planning and Development Division
Development Application Report
Preliminary Plat - Turnberry Black Cat Rd n/o Cherry Ln
Turnberry is a 118 -lot residential subdivision on 35.69 -acres. The site is located on the west
side of Black Cat Road, approximately 1/4 mile north of Cherry Lane. This development is
estimated to generate 1,136 total additional vehicle trips per day based on the Institute of
Transportation Engineers Trip Generation manual.
Roads impacted by this development: Black Cat Road
ACHD Commission Date - August 27, 1997 - 7:00 p.m.
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Facts and Findings:
A. General Information
Owner - Eugene Quenzer
Applicant - Benchmark Land Company
RT - Existing zoning
R-4 - Requested zoning
35.69 -Acres
118 - Proposed building lots
7,000 - Total lineal feet of proposed public streets
259 - Traffic Analysis Zone (TAZ)
West Ada - Impact Fee Benefit Zone
Western Cities - Impact Fee Assessment District
Black Cat Road
Minor arterial with bike route designation
Traffic count 1,511 on 5/7/97(north of Franklin Road)
1160 -feet of frontage
50 -feet existing right-of-way (25 -feet from centerline)
90 -feet required right-of-way (45 -feet from centerline)
Black Cat Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk. The
District is planning to overlay/reconstruct Black Cat Road in 1998. The existing utilities
(sewer) is not proposed to be extended south of the subject site. The subject applicant will
not be responsible for the cost associated with the reconstruction/overlay of Black Cat Road.
B. Utility street cuts in new pavement less than five years old are 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 stub O'Conner Way to the south (between Lot 1, Block 5, and
Lot 15, Block 1), approximately 630 -feet west of the east property line. District Staff
supports the location of the stub street. There is an irrigation ditch bordering the site to the
south that will need to be piped. The applicant should be required to provide a $2500
deposit to the Public Right -of -Way Trust fund for one-half the cost of piping the canal.
D. The applicant is proposing to stub O'Conner Way to the north (between Lot 1, Block 4, and
Lot 14, Block 2), approximately 630 -feet west of the east property line. District Staff
supports the location of the stub street.
E. The applicant is proposing to stub Tournament Drive to the west (between Lot 7, Block 5,
and Lot 11, Block 4), approximately 130 -feet north of the south property line. District Staff
TURNBERY.COM
Page 2
supports the location of the stub street. There is an irrigation ditch bordering the site to the
west that will need to be piped. The applicant should be required to provide a $2500 deposit
to the Public Right -of -Way Trust fund for one-half the cost of piping the canal.
F. The applicant is proposing to stub Classic Drive to the west (between Lot 2, Block 4, and
Lot 7, Block 4), approximately 100 -feet south of the north property line. District Staff
supports the location of the stub street.
G. The applicant is proposing two turnarounds within the subdivision, one turnaround at the
terminus of Ayrshire Court, and the second at the terminus of Ailsa Court. In accordance
with District policy the turnaround should have a minimum radius of 50 -feet. The site's
proposed turnarounds meet District policy and should be approved with this application.
H. The main project entrance off Black Cat Road (Charles Street) should be designed with 21 -
feet of pavement on either side of a center median and located approximately 470 -feet south
of the north property line (from Black Cat Road to Professionals Way). The median should
be constructed a minimum of 4 -feet wide to total a minimum 100 -square foot area and
located outside the new right-of-way of Black Cat Road. The applicant will be required to
dedicate 58 -feet of right-of-way plus the additional width of the median (from Black Cat
Road to Professionals Way). The median should be a designated lot owned and maintained
by a homeowners association.
According to the traffic study, the applicant should be required to construct a center turn lane
and a deceleration lane on Black Cat Road for the Charles Street/Black Cat Road
intersection. The applicant should construct the southbound deceleration lane beginning at a
point 90 -feet north of Charles Street tapering to a width of 9 -feet wide. The northbound
center turn lane should be constructed to provide a minimum of 100 -feet of storage with
shadow tapers for both the approach and departure for the center turn lane. Coordinate the
design of the turn lane with District staff.
The applicant has requested that construction of the center turn lane be deferred until 61 -lots
have been developed, on the basis that the left turns to serve this amount of development is
negligible. Staff concurs with this opinion and recommends that the request be granted.
Based upon the estimated traffic on Charles Street, from Black Cat Road to Jagger Avenue,
District staff recommends that the applicant not be allowed to front housing on this segment
of Charles Street because the traffic volumes are estimated to exceed 1,000 VTD. Notes of
this restriction should be required on the final plat.
K. Unless otherwise stated, all internal roads should be constructed as 37 -foot street sections
with curb, gutter and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way.
L. The existing transportation system will be adequate to accommodate the additional traffic
generated by this proposed development with the requirements outlined within this report.
TURNBERY.COM
Page 3
The following requirements are provided as conditions for approval:
Site Specific Requirements:
Dedicate 45 -feet of right-of-way from the section line of Black Cat Road abutting the parcel
by means of recordation of a final subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required permits), whichever occurs first. The owner
will be compensated for this additional right-of-way from available impact fee revenues in
this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner
must submit a letter of application to the impact fee administrator prior to breaking ground,
in accordance with Section 15 of ACHD Ordinance #188.
2. Construct an ACHD approved turnaround at the terminus of both Ayrshire Court and Ailsa
Court. Submit a design of the turnarounds for review and approval by District staff.
3. Stub O'Conner Way to the south (between Lot 1, Block 5, and Lot 15, Block 1),
approximately 630 -feet west of the east property line. Provide $2500 a deposit to the Public
Right -of -Way Trust fund for one-half the cost of piping the canal.
4. Stub O'Conner Way to the north (between Lot 1, Block 4, and Lot 14, Block 2),
approximately 630 -feet west of the east property line.
5. Stub Tournament Drive to the west (between Lot 7, Block 5, and Lot 11, Block 4),
approximately 130 -feet north of the south property line. Provide a $2500 deposit to the
Public Right -of -Way Trust fund for one-half the cost of piping the canal.
6. Stub Classic Drive to the west (between Lot 2, Block 4, and Lot 7, Block 4), approximately
100 -feet south of the north property line.
7. The main project entrance (Charles Street) off Black Cat Road shall be designed with 21 -feet
of pavement on either side of a center median and located approximately 470 -feet south of
the north property line (from Black Cat Road to Professionals Way). The median shall be
constructed a minimum of 4 -feet wide to total a 100 -square foot area and located outside the
new right-of-way of Black Cat Road. Dedicate 58 -feet of right-of-way plus the additional
width of the median (from Black Cat Road to Professionals Way). The median shall be a
designated lot owned and maintained by a homeowners association.
8. Prior to issuance of the 62nd building permit, the developer is required to construct a center
turn lane and a deceleration lane on Black Cat Road for the Charles Street/Black Cat Road
intersection. Construct the southbound deceleration lane beginning at a point 90 -feet north of
Charles Street tapering to a width of 9 -feet wide. Construct the northbound turn lane to
provide a minimum of 100 -feet of storage with shadow tapers for both the approach and
departure for the center turn lane. Coordinate the design of the turn lane with District staff.
TURNBERY.COM
Page 4
9. Charles Street, from Black Cat Road to Jagger Avenue Way, shall be designated as a
residential collector with no front -on housing. Notes of this restriction shall be placed on the
final plat.
10. Unless otherwise stated, all internal roads shall be constructed as 37 -foot street sections with
curb, gutter and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way.
11. As required by District policy, restrictions on the width, number and locations of driveways,
shall be placed on future development of this parcel.
12. Other than the access point specifically approved with this application, direct lot or parcel
access to Black Cat Road is prohibited. 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
specifically identify each requirement to be reconsidered and include a written explanation of
why such a requirement would result in a substantial hardship or ineguity. The written
request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for
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.
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 shall
specifically 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.
TURNBERY.COM
Page 5
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 a waiver/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.
Submitted by:
Development Services Staff
August 27. 1997
TURNBERY.COM
Page 6
• •
ADA COUNTY HIGHWAY DI I
Planning and Development ivis
Development Applicatio eport
Preliminary Plat - Turnberry
Turnberry is a 118 -lot residential subdivision on 35.
side of Black Cat Road, approximately 1/4 mile norl
estimated to generate 1,136 total additional vehic.
Transportation Engineers Trip Generation manual.
Roads impacted by this development:
Cat
Ln
site is located on the west
e. This development is
Md on the Institute of
- August 6, 1997 - 7:00 p.m.
TL?nberry Subd'ivis?on
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Facts and Findings:
A. General Information
Owner - Eugene Quenzer
Applicant - Benchmark Land Company
RT
- Existing zoning
R-4
- Requested zoning
35.69
- Acres
118
- Proposed building lots
7,000
- Total lineal feet of proposWipi
259
- Traffic Analysis Zone (9,Z)
West Ada - Impac _ e Berie t%%iae
Western Cities - Irn c ee Ass Me t District
Black Cat Road
Minor arteri, ith no bike designation
Traffic count 1,511 on 5/7J 7' Orth of Franklin Road)
1160 -feet , 4frontage
50 -feet existing right-of=way (25 -feet from centerline)
90 -feet req" J' gl - f -way (45 -feet from centerline)
-1111"
Black Cat Road is improved with 24 -feet of pavement with no curb, gutter or sidewalk.
B. Utility street cuts in new pavement less than five years old are 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 stub O'Conner Way to the south (between Lot 1, Block 5, and
Lot 15, Block 1), approximately 630 -feet west of the east property line. District Staff
supports the location of the stub street.
D. The applicant is proposing to stub O'Conner Way to the north (between Lot 1, Block 4, and
Lot 14, Block 2), approximately 630 -feet west of the east property line. District Staff
supports the location of the stub street.
E. The applicant is proposing to stub Tournament Drive to the west (between Lot 7, Block 5,
and Lot 11, Block 4), approximately 130 -feet north of the south property line. District Staff
supports the location of the stub street. The applicant should provide a paved temporary
turnaround at the end of the stub with a temporary easement provided to the District.
Coordinate the turnaround with District Staff.
TURNBERYMM
Page 2
F. The applicant is proposing to stub Classic Drive to the westspe.Lot 2, B ck 4, and
Lot 7, Block 4), approximately 100 -feet south of tWnorth p - 0- a District Staff
supports the location of the stub street. The applicant should provtde,�pa, temporary
turnaround at the end of the stub with a temporary easement providedarto`the District.
Coordinate the turnaround with District Staff. jiw
G. The applicant is proposing two turnarounds withu%the su i'On, one turnaround at the
terminus of Ayrshire Court, and the secondt a teZnainus of Ailsa Court. In accordance
with District policy the turnaround shouldhav radius of 50 -feet. The site's
proposed turnarounds meet District pp icy and shoud b approved with this application.
Submit a design of the turnaroundz evev and approval by District staff.
H. The main project,eutrance offBlack Cataad4(Charles Street) should be designed with 21-
feet of pavemeridn ether s pfacenteir median and located approximately 470 -feet south
of the north property�lIn v(from8� ck at Road to Professionals Way). The median should
be constructed a mi=6 40 feet. lde to total a minimum 100 -square foot area and
located outside the.heV way of Black Cat Road. The applicant will be required to
dedicate 58-fe�e6f right of, ,ay plus the additional width of the median (from Black Cat
Road to Professionals Way.". e median should be a designated lot owned and maintained
by a homeowners association.
I. According to the rtratffic study, the applicant should be required to construct a center turn lane
and a deceleratio' lane on Black Cat Road for the Charles Street/Black Cat Road
intersection. The applicant should construct the southbound deceleration lane beginning at a
point 90 -feet north of Charles Street tapering to a width of 9 -feet wide. The northbound
center turn lane should be constructed to provide a minimum of 100 -feet of storage with
shadow tapers for both the approach and departure for the center turn lane. Coordinate the
design of the turn lane with District staff.
J. According to the submitted traffic study, Charles Street, from Black Cat Road to
Professionals Way should be designated as a residential collector with no front on housing.
Notes of the restriction should be noted on the final plat.
K. Based upon the estimated traffic on Charles Street, from Professional Way to Jagger Avenue,
District staff recommends that the applicant not be allowed to front housing on this segment
of Charles Street. Notes of this restriction should be noted on the final plat.
L. Unless otherwise stated, all internal roads should be constructed as 37 -foot street sections
with curb, gutter and 5 -foot wide concrete sidewalk within 50 -feet of right-of-way.
M. 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:
TURNBERY.COM
Page 3
•
Site Specific Requirements:
1. Dedicate 45 -feet of right-of-way from the cente:
2.
•
Cat 1kd@MWmg the parcel by
means of recordation of a final subdivision plat o 'on of a warra�'fy deed prior to
issuance of a building permit (or other required pe rmi chever occurs first. The owner
will be compensated for this additional right -of- ay fro ble impact fee revenues in
this benefit zone. If the owner wishes to be or thea 1 right-of-way, the owner
must submit a letter of application to the J. s for prior to breaking ground,
in accordance with Section 15 of ACH Ord' c
Construct an ACHD approved tuound a the terninus of both Ayrshire Court, and Ailsa
Court. Submit a design of the turnaroun o oview and approval by District staff.
3. Stub O'Conne �a b the
approximately 630 e e
4.
5.
6.
Stub O'Conner
Stub T
Coordinate
Drive tai the west
the stub
1, Block 5, and Lot 15, Block 1),
v line.
Lot 1, Block 4, and Lot 14, Block 2),
east property line.
Stub Classic Drive to the west (bet
100 -feet south of the north property 1v
of the stub with a temporary easement
with District Staff.
,twee�ii Lot 7, Block 5, and Lot 11, Block 4),
property line. Provide a paved temporary
a emperary_ easementprovided to, he District.
;t Staff. �iws'� �—�d (�fPl Crams/:�Jc
, Block 4, and Lot 7, Block 4), approximately
vide a paved temporary turnaround at the end
to the District. Coor�lm the turnaround
7. The main project entrance off Black Cat Road shall be designed with 21 -feet of pavement on
either side of a center median and located approximately 470 -feet south of the north property
line (from Black Cat Road to Professionals Way). The median shall be constructed a
minimum of 4 -feet wide to total a 100 -square foot area and located outside the new right-of-
way of Black Cat Road. The applicant will be required to dedicate 58 -feet of right-of-way
plus the additional width of the median (from Black Cat Road to Professionals Way). The
median shall be a designated lot owned and maintained by a homeowners association.
8. Construct a center turn lane and a deceleration lane on Black Cat Road for the Charles
Street/Black Cat Road intersection. The applicant shall construct the southbound
deceleration lane beginning at a point 90 -feet north of Charles Street tapering to a width of 9 -
feet wide. The northbound turn lane shall be constructed to provide a minimum of 100 -feet
of storage with shadow tapers for both the approach and departure for the center turn lane.
Coordinate the design of the turn lane with District staff.
TURNBERY.COM
Page 4
01
10
11.
12.
13
•
•
Charles Street, from Black Cat Road to ProfessionabWay, `sly designated,as a
residential collector with no front on housing. Notes of this. = s tx sha11 be noted on the
final plat. AL
Charles Street, from Professional Way to Jagger
residential collector with no front housing. Note
final plat. AM
Unless otherwise stated, all internal
curb, gutter and 5 -foot wide concrel
As required by District policy
shall be placed op*&ture dey
Other than the acre
access to Black Cat
application, shall UE
Standard
also be designated as a
:tion shall be noted on the
as 37 -foot street sections with
of right-of-way.
number and locations of driveways,
approved with this application, direct lot or parcel
Lot access restrictions, as required with this
plat.
A request fors odification, variance or waiver of any requirement or policy outlined herein
shall beg to the ACHD Development Services Supervisor. The request shall
why such a requirement would result in a substantial hardship or inenuity. The written
request shall be submitted to the District no later than 9.00 a.m. on the day scheduled for
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.
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 shall
specifically 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.
TURNBERY.COM
Page 5
8. Any change bythe app°nt in the planned use of the property which is the subject of this
application shallme t
0�.re the applicant to comply with all rules, regulations, ordinances,
plans, or otlie egulatory 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 a waiver/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.
Submitted by:
Development Services Staff
TURNBERY.COM
Page 6
0 •
SUBDIVISION EVALUATION SHEET
Proposed Development Name TURNBERRY SUBDIVISION City Meridian
Date Reviewed 07/24/97 Preliminary Stage XXX Final
Engineer/Developer Briggs Engr. / Benchmark Land Co.
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 name shall appear on the plat:
"N. BLACK CAT ROAD"
VU . VY1 ATA- td- Pc_A y Sr+AC-L_ 13 E " W . G t+A,tCz, s s C 2,6t -'T "
"W. RAVENSCROFT STREET" is over ten letters but is approved by Ada County
Highway District and shall appear on the plat:
.' Al PLAC6� A'
AYRSHIRE G tff" is aprJroved and shall appear on the plat:
PAGE ONE OF TWO
The above street name comments have been read and approved by the following agency
representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures
must be secured by the representative or his designee in order for the street names to be
officially approved.
ADA COUNTY STREET NAME COMM
Ada County Engineer John Pries
Ada Planning Assoc. An(lurle)
OR DESIGNEES
City of Meridian Representative Date �y� 9' 7
Fire District Meridian Representative Date
NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the
time of signing the "final plat", otherwise the plat will not be signed M!
Sub Index Street Index 3N 1W 4 Section
NUMBERING OF LOTS AND BLOCKS of D 7/t rig I
TR\SUBS\SM CITY.FRM fl
Z No L,o ' �3�c� rc ��.�m l��i�'s o► -r i s (A,
Ct
CENTRAL CEI�AL DISTRICT HEALTH DEPAMENT
DISTRICT Environment• I Health Division
to
HEALTHECEIv�d ❑ Boise
DEPARTMENT � ❑ �e
� 4 +o�
[:1 Garden city
Rezone # CWV 0; MEN) AN Meridian
'Use # ❑ Kuna
Preliminary Final / Short Plat �y�"���Y /�/�S/o�J ❑ ACZ
-r
❑ 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.
❑ S. 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:
❑V- 8. After written approval from appropriate entities are submitted, we can approve this proposal for.
P9 central sewage ❑ community sewage system ❑ community water well
❑ interim sewage 59 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 El central water
10. Street Runoff is not to create a mosquito breeding problem.
❑
11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules.
❑ Groundwater Protection
❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑ 14. We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas ❑ child care center
❑ beverage establishment ❑ grocery store
® I S. S�O✓z/vl w�2 �4r��+-G� ��NT f S �m�S Date: 1 1 %
7'0 4 P2 Vim% Reviewed By:
Review S eet
CIAO 10/11 rA W. Ifs
July23, 1997
Wig Berg, City Clerk
CVy of Meridian
33 East Idaho
Meridian, ID 83642
RECEIVED
Alt L 2 81997
CITM MERID101
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
OFFICE: Nampa
466-7861
Boise
343-1884
SHOP: Nampa
466-0663
Boise
345-2431
iI i,f i• '41
Dear Commis ones.'
The Nampa & Meridian Irrigation Districts Safford Lateral courses along the south and west
boundaryoftheprojc-ct. Therrght-of-wayofthe Safford Lateral is 45feet,• 30 feet to the fight
and 15 feet to the lest facing do wnstream . See Idaho Code 42-1208--RIGHTS-OF- WA YNOT
SUBJECT TO AD VERSE POSSESSION. The developer m ust contact John 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 Irrigation District requires a Land Use Change/Site Development
application be file' for reviewprior to final platting All laterals and waste ways m ust be
protected, All municipal surface drainage must be retained on site If any surface drainage
leaves the site, the Nampa & Meridian Irrigation District must review drainage plans Contact
Donna Moore at 343-1884 or 466-7861 for further informatio4.
The developermustcomplywithIdaho Code 31-3805 It1S* fecommended thatirrlgatjon water
be made available to all deTelopments with. w the Nampa & Mardian Irr�ation District
4Vgr-THledo-n-,
Sinccerel,Water Sup=tendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
cc; File - Shop
File - Office
Water Supenn&-ndmt
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
w
24 July 1997
i
Van Elg
Briggs Engineering, Inc.
1111 South Orchard, Suite 600
Boise, ID 83705
•
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-888-6201
Phones: Area Code 208
OFFICE: Nampa
466-7861
Boise
343-1884
SHOP: Nampa
466-0663
Boise
345-2431
RE: Land Use Change Application for Turnberry Subdivision
Dear Van:
Enclosed please find a Land Use Change Application for your use to
file with the Irrigation District for its review on the al,ove-
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,
. -)Ob-
Donna N. Moore,
Assistant Secretary/Treasurer
r omit
cc: File
Water Superintendent
Eugene Quenzer
Benchmark Land Company
City of Meridian
enc.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI L. STILES, P & Z Administrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
. HUB OF TREASURE VALLEY 0
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
ROBERT D. CORRIE
Mayor
COUNCIL MEMBER
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
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: August 5. 1997
TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97
REQUEST: Annexation/Zoning/Preliminary Plat for Turnberry Subdivision
BY: Benchmark Land Co.
LOCATION OF PROPERTY OR PROJECT: Black Cat Road (west side) between Ustick and
Cherry Lane
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
t SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. & FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
e.
J U ( 2 21997
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 & ZAdministrator
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS. Fire Chief
W.L. -BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR.. Attorney
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 5,1997
TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97
REQUEST: Annexation/Zoning/Preliminary Plat for Turnberry Subdivision
BY: Benchmark Land Co.
LOCATION OF PROPERTY OR PROJECT: Black Cat Road (west side) between Ustick and
Cherry Lane
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 DF.PARTMFNIT
t n • 1•- Ir 0;
Post -R° Fax Note 7671
10 001
opHUB •
To Cl-rY OF !lIF411>14N
OF TREASURE VALLEY
COUNCIL MEMBERS
A Good Place to Live
WALT W. MORROW, President
T
CITY OF MERIDIAN
RONALD R. TOLSMA
C M.
Fax 3%%, Io9Zq
GARLES
LENN R. BENTLEYEE
33 EAST IDAHO
MERIDIAN, IDAHO 83642
P 8 Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813
JIM JOHNSON, Chairman
Public Works/Building Department (208) 887-2211
MALCOLM MACCOY
Motor Vehicle/Drivers License (208) 888-4443
KEITH BORUP
RON MANNING
ROBERT D. CORRIE
13YRON SMITH
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: August 5,1997
TRANSMITTAL DATE: 7/17/97 HEARING DATE: 8/12/97
REQUEST: Annexation/Zoning/Preliminary Plat for Turnberry Subdivision
BY: Benchmark Land Co.
LOCATION OF PROPERTY OR PROJECT: Black Cat Road (west side) between Ustick and
Cherry Lane
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 DF.PARTMFNIT
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Post -R° Fax Note 7671
Date
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To Cl-rY OF !lIF411>14N
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CoJDept. pu Lr G 1004KS
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Co. IDA," 1000 Erg two.
Phone# 8$- 4433
Phone# 322• Zot(7-1
Fax# $$7- 4813
Fax 3%%, Io9Zq
BUREAU OF RECLAMATION (PRELIM, & FINAL PLAT)
CITY FILES
OTHER:
YnT TR r nmrTCF7 RT;MA PYR—
RECF-IvED
AUG 0 4 1997
We require a permanent 10 -foot wide public utilities CITY OF MERIDIAN
easement along all lots adjacent to a road right-of-way
dedicated to public or private use.
Tim Adams TW A -b* %s
Idaho Power
322-2047
AUG 01 '97 16:36 PAGE.01
•
BRIGGS ENGINEERING, Inc.
ENGINEERS / PLANIMS /SURVEYORS
August 8, 1997
City of Meridian
c/o Shari Stiles, Planning Administrator
33 Idaho Street
Meridian, ID 83642
•
1111 South Orchard Avenue, Suite 600
Boise, Idaho 83705 –1923
Voice (208) 344-9700
Fax (208) 345-2950
E-mail BEI-Idaho@MSN.com
RE: TURNBERRY SUBDIVISION—Required Response to Staff Report Questions
Dear Shari,
Thank you for sending us a copy of your staff report for Turnberry Subdivision. We have reviewed the
comments and offer the following information for clarification:
GENERAL COMMENTS:
1. UNDERSTOOD. As indicated, a variance for the tiling of the large irrigation/drainage ditches has
been submitted—this request will be heard by the Meridian City Council for consideration.
2. UNDERSTOOD. An existing well and septic system exist in the southeast portion of the site (serving
the old dwelling). These facilities will be appropriately removed and/or used for supplemental
landscape irrigation.
3. UNDERSTOOD. A determination of seasonal high ground water and specific subsurface soils
conditions will be submitted with the final street plans. A soils report for this area was submitted with
this application. Please note that as discussed in the report prepared by Kleinfelder, groundwater
and/or soil conditions are not expected to limit the scope of this development.
4. UNDERSTOOD. Five foot sidewalks will be provided in accordance with City Code (as shown on
the preliminary plat).
5. UNDERSTOOD. Water service connections will be made to City of Meridian main lines in Black
Cat Road. Briggs Engineering, Inc. will coordinate this connection with the Department of Public
Works.
6. UNDERSTOOD. Letters from the Ada Count Street Naming Committee and the Ada County
Engineer were already submitted with this application. Revised letters will be provided to support the
specific names used and the identified street locations. Any corrections will be noted. Another copy
of the preliminary plat (updated) and a vicinity map will be submitted to the Ada County Engineer and
the Ada County Street Naming Committee for additional review—as requested.
7. UNDERSTOOD. Fire hydrant locations will be coordinated with the Department of Public Works as
part of the plan review process. General locations of hydrants are shown on the preliminary plat.
8. UNDERSTOOD. Although not required, we felt we could make the minor revisions/adjustments to
this preliminary plat and submit it in time for Commission review—rather than submit the revisions
only to Council. A great deal of time and effort has been devoted to the preparation of this
preliminary plat—we hope the extra effort will assist you in making a comfortable and informed
decision for approval.
SITE SPECIFIC COMMENTS:
1. UNDERSTOOD. Briggs Engineering, Inc. will continue working closely with the Department of
Public Works to verify adequate sewer capacity and to ensure appropriate design.
�. UNDERSTOOD. Water connection and stubs will be designed and provided as required.
3. UNDERSTOOD. Lot dimensions and front orientation arrows (where appropriate) will be shown.
Some of the corner lots will have reversed frontages—with the longer sides serving as the front yard.
40
BRIGGS ENGI1PRING, Inc. – 1111 S. Orchard Avenue, Suite 600, Boise, Idaho – (208) 344-9700
4. UNDERSTOOD. Lot 9, Block 2 has been adjusted to meet the applicable frontage requirements.
5. UNDERSTOOD. As noted by staff, due to the size of the open space/landscape areas that will require
irrigation, and in compliance with Meridian Code, pressurized irrigation will be provided. At this
time, the proposed source for the pressurized irrigation system will be from the Safford Lateral (see
proposed pump location at the southeast corner of the site). The existing domestic well may also serve
as a potential source for supplemental irrigation of landscaped areas. The appropriate Land Use
Change applications will be submitted to the Nampa -Meridian Irrigation District for review and
approval.
6. UNDERSTOOD. Street lights will be installed at the developer's expense. Street light locations, as
shown on the preliminary plat, will be adjusted where necessary to conform to City requirements.
7. UNDERSTOOD. Drainage areas/facilities are identified on the preliminary plat. These facilities will
be combined with the open space areas (see the preliminary plat and the landscape plan for further
detail).
8. UNDERSTOOD. Although not required prior to the submittal of the final plat, we again felt that it
would be helpful to present the proposed landscape plan for this project to both the Commission and
the City Council. As suggested by staff, we have tried to eliminate any potential conflicts with the
irrigation ditches on the site with the creation of separate lots for these facilities. In addition to this
land being set aside and excluded from any useable area for these facilities, please note the buffering,
open areas, landscaping, and walks that have been incorporated into this project. These facilities help
beautify and protect the project, they provide linkage between blocks, and eliminate concerns about
long block lengths.
9. UNDERSTOOD. A six-foot high non-combustible fence will be installed where required.
10. UNDERSTOOD. A development agreement will be submitted upon request from the City. The
appropriate timing for this submittal will be discussed with staff.
11. UNDERSTOOD. The spelling has been corrected and noted on the plat.
12. UNDERSTOOD. The three crossings will eventually be constructed as noted—appropriate funding
will be provided as required by the ACRD. Fencing, sewer, and water will also be constructed and
stubbed at the appropriate locations.
13. UNDERSTOOD. Briggs Engineering, Inc. is reviewing this item. We will continue to discuss the
design and/or any changes with Public Works staff. The lot and line will certainly be eliminated if
warranted and if other reasonable options exist.
14. UNDERSTOOD. An engineer's stamp has been placed on the preliminary plat.
Shari, if I can be of further assistance in helping you address any other questions, please call me
immediately at 322-4599. Thank you for your assistance with this application.
Sincerely,
S ENGINEERING Inc.
Dean Briggs, PE, LS
President
cc: Van Elg
John Knight
961016-6-2
2
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Meridian Planning & *g Commission
September 9, 1997
Page 5
Smith: Second
Johnson: Motion by Commissioner MacCoy, second by Commissioner Smith, roll call
vote.
ROLL CALL VOTE: Borup — Yea, MacCoy — Yea, Smith — Yea, Nelson — Yea
MOTION CARRIED: All Yea
Johnson: Mr. Chairman, the Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that it approve the conditional use permit
requested by the applicant for the property described in the application with conditions
set forth in the findings of fact and conclusions of law or similar conditions as found
justified and appropriate by the City Council. And that the property be required to meet
the water and sewer requirements, the fire and life safety codes. Uniform Fire Code,
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.
Smith: Second
Johnson: Motion and a second for the stated decision recommendation to the City
Council, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION
AND ZONING OF 35.69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY
BENCHMARK LAND CO. — BLACK CAT ROAD BETWEEN USTICK AND CHERRY
LANE:
Johnson: Does anyone have anything they would like to add to these findings of fact
and conclusions of law?
MacCoy: Mr. Chairman, the Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these findings of fact and conclusions of law.
Borup: Second
Johnson: Motion and a second to approve the findings of fact and conclusions of law,
roll cal vote.
ROLL CALL VOTE: Borup — Yea, MacCoy — Yea, Smith — Yea, Nelson — Yea
MOTION CARRIED: All Yea
Meridian Planning & Z&g Commission
September 9, 1997
Page 6
MacCoy: Mr. Chairman, the Planning and Zoning Commission here recommends that
the property set forth in the application be approved by the City Council for annexation
and zoning under the conditions set forth in these findings of fact and conclusions of
law. Including that the applicant or its successors, assigns, heirs, executors or personal
representatives enter into a development agreement. That if the applicant is not
agreeable with these findings of fact and conclusions of law and or is not agreeable with
entering into a development agreement the property should not be annexed.
Borup: Motion and a second for the recommendation as read by Commissioner
MacCoy, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: TABLED AUGUST 12, 1997: PRELIMINARY PLAT FOR TURNBERRY
SUBDIVISION, 134 LOTS BY BENCHMARK LAND CO. — BLACK CAT ROAD
BETWEEN USTICK AND CHERRY LANE.
Johnson: This is the preliminary plat, this is an item we would recommend approval on
without findings of fact and conclusions.
Borup: Mr. Chairman, I move that we recommend approval of the preliminary plat and
send it on to the City Council.
MacCoy: Second
Johnson: We have a motion and a second to approve the preliminary plat for Turnber y
Subdivision, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM
R-15 TO R-40 BY LEE CENTERS, WEST SIDE OF MERIDIAN ROAD ACROSS FROM
THE BOWLING ALLEY:
Johnson: Any discussion regarding the findings of fact and conclusions of law that have
been prepared? Is there a motion?
MacCoy: Mr. Chairman, the Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these findings of fact and conclusions of law.
Borup: Second
Johnson: Motion and a second for approval, roll call vote.
ROLL CALL VOTE: Borup — Yea, MacCoy Yea, Smith —Yea, Nelson — Yea
Meridian Planning & Z&g Commission !
September 9, 1997
Page 6
MacCoy: Mr. Chairman, the Planning and Zoning Commission here recommends that
the property set forth in the application be approved by the City Council for annexation
and zoning under the conditions set forth in these findings of fact and conclusions of
law. Including that the applicant or its successors, assigns, heirs, executors or personal
representatives enter into a development agreement. That if the applicant is not
agreeable with these findings of fact and conclusions of law and or is not agreeable with
entering into a development agreement the property should not be annexed.
Borup: Motion and a second for the recommendation as read by Commissioner
MacCoy, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: TABLED AUGUST 12, 1997: PRELIMINARY PLAT FOR TURNBERRY
SUBDIVISION, 134 LOTS BY BENCHMARK LAND CO. — BLACK CAT ROAD
BETWEEN USTICK AND CHERRY LANE.
Johnson: This is the preliminary plat, this is an item we would recommend approval on
without findings of fact and conclusions.
Borup: Mr. Chairman, I move that we recommend approval of the preliminary plat and
send it on to the City Council.
MacCoy: Second
Johnson: We have a motion and a second to approve the preliminary plat for Turnberry
Subdivision, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM
R-15 TO R-40 BY LEE CENTERS, WEST SIDE OF MERIDIAN ROAD ACROSS FROM
THE BOWLING ALLEY:
Johnson: Any discussion regarding the findings of fact and conclusions of law that have
been prepared? Is there a motion?
MacCoy: Mr. Chairman, the Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these findings of fact and conclusions of law.
Borup: Second
Johnson: Motion and a second for approval, roll call vote.
ROLL CALL VOTE: Borup — Yea, MacCoy —Yea, Smith —Yea, Nelson — Yea
11
MERIDIAN PLANNING & ZONING COMMISSION MEETING: September 9.1997
APPLICANT: BENCHMARK LAND CO. AGENDA ITEM NUMBER: 5 & 6
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION20NING TO R4 AND
A PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
V I q P f V Vflk-
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All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN PLANNING & ZONING COMMISSION MEETING: August 12,1997
APPLICANT: BENCHMARK LAND CO. AGENDA ITEM NUMBER: 9 & 10
REQUEST: PUBLIC HEARING: REQUEST FOR ANNEXATION/ZONING/PRELIMINARY PLAT FOR
TURNBERRY SUBDIVISION
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS o ,
"REVIEWED"
SEE ATTACHED COMMENTS
134 �_�i af_T93:1 =1 1119DOEt,14 1 M&I
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
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All Materials presented at public meetings shall become property of the City of Meridian.
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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 October 7, 1997, for the purpose of reviewing and considering
the Application of Benchmark Land Co., for annexation and zoning of approximately
35.69 acres of land located in the NE % of the SE % of Section 4, R.3N, R.1 W, Boise
Meridian, Ada County, Idaho, and which property is generally located on the west side
of Black Cat Road between Ustick Road and Cherry Lane. The Application requests a
zone of R-4 residential.
Further, applicant requests Preliminary Plat approval of the parcel of land above
described for 134 of single family dwelling lots for Turnberry 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 19th day of September, 1997.
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AN4 K. DOTY, DEP CITY CLERK
PUBLISH September 19 and October 3, 1997.
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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 7:00 p.m., on August 12, 1997, for the purpose
of reviewing and considering the Application of Benchmark Land Co., for annexation
and zoning of approximately 35.69 acres of land located in the NE % of the SE % of
Section 4, R.3N, RAW, Boise Meridian, Ada County, Idaho, and which property is
generally located on the west side of Black Cat Road between Ustick Road and Cherry
Lane. The Application requests a zone of R-4 residential.
Further, applicant requests Preliminary Plat approval of the parcel of land above
described for 134 of single family dwelling lots for Turnberry 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 25th day of July, 1997.
WILLIAM G. BERG, JR., I CLERK
PUBLISH July 25 and August 8, 1997.