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HomeMy WebLinkAboutSeabury Subdivision PP0 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD RFC:F-=,IVFn TMENT n E C `F(M,AR264 (^! l• F ( 4-4264 r WORKS 0 DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-103 REQUEST: PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY: WEST PINE DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway, W. of West Fourth Street TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C KEITH BIRD, C/C _ LENN BENTLEY, C/C NATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: :2 ' n 'fit ld e - UCt. j 1770 If CITY OF MERIDIAN 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 January 12, 1999, for the purpose of reviewing and considering the application of West Pine Development for preliminary plat approval of proposed Seabury Subdivision for approximately 1.48 acres of land which is generally located between W. Pine & W. Broadway, west of West Fourth Street. Further the applicant requests conditional use permit approval of the parcel of land above described for one single-family dwelling (existing), one tri-plex and four four- plex units for proposed Seabury Subdivision. A more particular 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 21st day of December, 1998. WILLIAM G. BEjRQ . XR-, PffTY/f,`LERK PUBLISH December 23rd, 1998 & January 6th, 1999. `X�1t�►'� Cf ` SEAL Uri ** TX CONFIRMAT� REPORT ** DATE TIME TO/FROM 03 12/21 13:55 208 888 1097 AS OF DEC 21 "x!13:56 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'33" 001 020 OK 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 January 12, 1999, for the purpose of reviewing and considering the application of West Pine Development for preliminary plat approval of proposed Seabury Subdivision for approximately 1.48 acres of land which is generally located between W. Pine & W. Broadway, west of West Fourth Street. Further the applicant requests conditional use permit approval of the parcel of land above described for one single-family dwelling (existing), one tri-plex and four four- plex units for proposed Seabury Subdivision. A more particular 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 21st day of December, 1998. WILLIAM G. BENOiT*CLERK PUBLISH December 23d, 1998 & January 61h, 1999. r _ SEAL = (' 9 N��r �� ��,o 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-103 REQUEST: PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY: WEST PINE DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway, W. of West Fourth Street TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z NARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: 0 HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT (208) 887-2211 GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-103 REQUEST: PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY: WEST PINE DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway, W. of West Fourth Street TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z NARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: REST FOR SUBDIVISION APPAJAL PRELIMINARY PLAT PLANNING AND ZONING COMMISSION FXc-v,'vED NOV 2 5 1998 Cr Y OF MEPJDL4N PLANNING & zONING 0 L L' TIME TABLE FOR SUBMISSION: PP -98-103 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, SEABURY SUBDIVISION 2. General Location, In betweeniV. Pine & W. Broadway east of Terra Subdivision 3. Owners of record, West Pine Development/Ron Walsh & Chet Pipkin Boise, Idaho Fax # 938-0421 Address 11321 W. Hickory Bark Dr. Zip 83713 Telephone893-2553 Pager 4. Applicant West Pine Development Address 11321 W. Hickory Bark Dr. Boise, Idaho 83713 5. Engineer, Dean Briggs Firm Briggs Engineering, Inc. Address, 1800 W. Overland Road, Boise ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings: Name West Pine Development Ron Walsh Address 11321 W. Hickory Bark Dr., Boise Idaho 83713 Telephone 893-2553 pgr PRELIMINARY PLAT CHECKLIST: Acres 1.4832 2. Number of lots 6 3. Lots per acre 4.05 4. Density per acre 13.48 Subdivision Features 5. Zoning Classification (s) R-15 980612\SUBAPPL-MER (1) 12. Other proposed amenities to the City Water Supply Fire Department Hydrants Other Central Sewer Explain Extension of W. Idaho Street 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other (1) Single Family Dwelling (1) Tri-Plex & (4) Four-Plex 15. Proposed Development features: a. Minimum square footage of lot(s), 2400 SF/Unit (7268 SF) b. Minimum square footage of structure(s), 3.712 SF (Four-Plex) 928 SF/Unit C. Are garages provided for, No square footage N/A d. Are other coverings provided for Designated Parking Spaces e. Landscaping has been provided for Yes , Describe Eleven feet of landscaping adjoining Pine Street & Idaho Street Three feet of landscaping next to parking area along boundary and landscaping around exterior of buildings. f. Trees will be provided for Yes trees will be maintained by each lot owner 980612\SUBAPPL-MER (2) 0 0 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain 10. Are there proposed dedications of common areas? No Explain For future parks? Explain 11. What school(s) service the area Meridian School District, do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City Water Supply Fire Department Hydrants Other Central Sewer Explain Extension of W. Idaho Street 13. Type of Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family, Duplexes, Multiplexes, other (1) Single Family Dwelling (1) Tri-Plex & (4) Four-Plex 15. Proposed Development features: a. Minimum square footage of lot(s), 2400 SF/Unit (7268 SF) b. Minimum square footage of structure(s), 3.712 SF (Four-Plex) 928 SF/Unit C. Are garages provided for, No square footage N/A d. Are other coverings provided for Designated Parking Spaces e. Landscaping has been provided for Yes , Describe Eleven feet of landscaping adjoining Pine Street & Idaho Street Three feet of landscaping next to parking area along boundary and landscaping around exterior of buildings. f. Trees will be provided for Yes trees will be maintained by each lot owner 980612\SUBAPPL-MER (2) g. Sprinkler systems are provided for by the developer for each building h. Are there multiple units Yes Type 1 Tri-Plex & Remarks (4) Four-Plexes i. Are there special set back requirements No Explain Has off street parking been provided for Yes Explain On-site parking areas with (2) spaces per unit k. Value range of property N/A Type of financing for development Conventional M. Protective covenants were submitted Yes , Date Sample Covenants 16. Does the proposal land lock other property No attached Does it create Enclaves No STATEMENTS OF COMPLIANCE: Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 980612\SUBAPPL-MER (3) 0 0 BRIGGS ENGINEERING, Inc. 1800 West Overland Road Boise, Idaho 83705 — 3142 E 1NEERS / PLANNERS / SURVEYORS voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@csi.com SEABURY SUBDIVISION STATEMENT OF COMPLIANCE No new streets are proposed in this development. The applicant will be required to extend W. Idaho Street for 132 feet. The applicant will construct the Idaho Street extension to Ada County Highway District standards and five (5') foot sidewalks as per City Ordinance. 2. The Comprehensive Plan designates this area as existing urban development. The proposed use of multi -family is consistent with zoning's designation of R-15 and with existing development in the Idaho Street area. 3. The proposed development will connect to City water and sewer services. 4 The proposed development complies with the density and square footage requirement of 2400 SF per dwelling unit. The design allocates (2) packing spaces per dwelling unit in compliance with the City Ordinance. The plan does not comply with the driveway width requirement of (25') feet. The driveway width had to be reduced to (24') feet in order to incorporate landscape separation between the parking area and the unrelated adjoining parcel. The 24 feet proposed complies with driveway width standards under the Uniform Fire Code. Considering the limited parking area and small number of parking spaces, a one -foot reduction will not cause a parking hazard. Twenty-four foot driveways are utilized in large apartment complexes and commercial developments within the Treasure Valley. 5. The preliminary plat reflects easements of record. 6. No new street names are required with this project. 7. Since the applicant is requesting a Conditional Use Permit for the four-plex dwellings, I am not sure if a variance for the driveway width reduction will be required. If staff determines a variance is necessary, we will submit the variance for Council review. 8. The subject property is 1.4832 acres and is zoned R-15. The applicant is proposing a multi- family development consisting of (1) existing single-family dwelling, (1) tri-plex and (4) four-plexes. The parcel is an infill area with adjoining development consisting of single family dwellings, four-plexes and apartments. The applicant intends to extend Idaho Street west through the subject property. Sewer and water services will be constructed within the new public right-of-way. Sewer and water mains are present in Pine Street and the proposed units will connect to the central facilities. 980612\Statement-compli 1] 0 The plan provides for off-street parking within each lot. The parking lots are arranged to accommodate 2 vehicles per dwelling unit. No vehicles will be backing into the public right- of-way. All parking areas allow for front ingress and egress. 9. The proposed development is not large enough to require a traffic study. 980612\Statement-com p I i -.� ------------- IF ...... ------ ...... ...... ...... ...... ....... I AMER., tg` C,� FkstAmerican Title CompanyC 311 Potomac • Drive, Boise, Idaho 83704 • (208) 375-0700 • Fax (208) 322-5597 O 211 West State Street • Boise, Idaho 83702 0 (208) 344-5888 • Fax (208) 344-1495 Pnepwfy Put& Prepared for: Prepared for you by: Record Owner: Property Address: Legal Description: Enclose copies attached: ©' Plat Map / O Last Deed of Record ❑ Deed of Trust and/or Mortgages ❑ Covenants, Conditions and Restrictions Your Success is our FIRST Concern Please designate First American's Professional Staff for all your Title Insurance and Escrow Needs. This title information is furnished without charge, in compliance with the guidelines set forth by the State of Idaho Insurance Commissioner, and without full ex- amination of record title to subject premises. No liability is assumed for any errors or inaccuracies in this or in the information obtained from various offices that is set forth herein or attached hereto. 0 CJ PFMR02PUB 98 N Parcel S121242797S E W M A Code Area S T E. R U P D A T E AMERICAN F 4/98 03 Name PIPKIN CHESTER & SUSAN M Value i-ype Qtyx/lVE AND 200 1.700 30000 r�CTIV� BEARD JAMES A & LISA M 410 Data From Buyer 39400 Master C/0 Bank Code Address 79 E AIKENS I�'r-eHaid EAGLEID L.I.D. 83616 0000 Bankrupt Sub.Code Last Change : 98/03/17 By : ASR2_ALLEN Annexation *NO Desc. PAR #7975 OF NW4SE4 Total 69400 Notes SEC 12 3N 1W #98014720 Exemption Grp 000 Typ 000 Ap M3N1WO127975 3N 1W 12 Hardship Property Address 00619 W PINE Zoning R-15 Flag Space Type 1 REAL Roll AVE MERIDIAN ID 83642-0000 D.D. F2=Select F3=Exit 1 PRIMARY Occ. 0 NON -OCC Action: F9=UR F10=Tax Alt -Z FOR HELP3 VT100 :3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC S1212427975 TAX COLLECTION SYSTEM (MASTER) 6/24/98 00000 PIPKIN CHESTER & SUSAN M AND Bank: lax Value: 13:42:17 $69,400 BEARD .TAMES A & LISA M Prepaid: H/O: 79 E AIKENS Bankrupt: HA: EAGLE ID 83616 Sub Code: CB Amt: Bill# 97110101554 Cd Area: 03 Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE * TOTAL DUE 97 1054.82 1 527.41 527.41- 2 527.41 527.41- 96 1065.44 1 532.72 532.72- 2 532.72 532.72- 95 1018.96 1 509.48 509.48- 2 509.48 509.48- 94 1089.38 1 586.63 586.63- 2 544.69 544.69- 93 904.86 1 452.43 452.43- 52.43- 4 i.43 452.43 452.43- + *ACTION 97 Interest as of 6/24/98 .000% CF02-SELECT CF03-EXI T C 05 --CAL(. Alt -Z FOR HELPS V'1'10() 3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON --LINE • 0 RESIDENTIAL COST' DISPLAY REAPPRAISAL YEAR= 96 6/24/98 PARCEL NUM S1212427975 YOC 1920 N.0.DW 1 BEDROOMS 02 EF AGF: 194`=3 00619 W PINE CLASS 3 MRK.GD 3 NO. BATHROOMS 1 DESIGN CON 123N1W BUILDING LEV SOFT VALUE "`__.-'"ADJUSTMENTS"_v.. REPLC COSI" 49,431 GROUND FLOOR 963 40,778 HEAT 731 L.C.M. X 1.00 UPPER LEVEL 0 AIR COND TREND FAC:. X 1.14 LOWER LEVEL BATHROOM(s) AREA MOD. X 1.00* UNFINISHED 0 ROOF MOD. REPLC 56,351 FINISHED 0 KITCHENS 1015 DEPRECIATION BASEMENT FIREPLACES PHY 25.0% 14,087 UNFINISHED 0 INTERCOM FUN 5% 2,817 FINISHED 0 CENTRAL VAC ECO % 0 ATTIC CAR STORAGE 3726 TOTAL 0 UNFINISHED 0 PATIO/PORCH 802 DEPR.REPLC 39,447 FINISHED 0 STORE SHED N.V.O.IMPRV 0 WALL CONST. 0 DECK TOTAL VALUE 39,447 TOT LIV AREA 963 FLATWORK LANDSCAPE 2379 BASE VALUE 40,778 COST/ SO FT POOL ADJUSTMENTS 8,653 SO FT LAWNSPRINK REPLACE COST 49,431 51.33 HOTTUB Alt. -L FOR HELP3 VT100 3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE S ♦ N For Value Received WARRANTY DEED Jerald D. Gould and Joyce F. Gould, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto Chester L. Pipkin and Susan M. Pipkin, husband and wife, and James A. Beard and Lisa M. Beard, husband and wife hereinafter referred to as Grantee, whose current address is 79 E. Aikens, Eagle,ID 83616 the following described premises, to -wit: See Attached Exhibit "A" Hereto 98014720 CC. RECORDER S. DAVID h AVARR0 BOISE ID "FIRST AMERICAN '98 FEB 19 PPI G FEE-,O!� B�DEP RECO,+KKKKKK. E) X11 THE P.E ST OF To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon the premises, and that Grantor will warrant and defend the same from all claims whatsoever. Dated: February 1p1`,,1998. Jerald D. Gould Jox ou d STATE OF IDAHO ) ss. COUNTY OF Ada ) On This _L�_ day of February, in the year 1998, before me, a Notary Public in and for said State, personally appeared Jerald D. Gould and Joyce F. Gould, known or identified to me to be the person(s) whose name(s) are subscribed to the within Instrument, and acknowledged to me that they executed the same. "'paasu.py " ,�d'1g8�« :;A•,4'L,� apt M� p V •. •6 Notary Public of Idaho _ SOT AR Y 's Residing at Meridian, ID �•' G * Commission expires: 2/10/03 . % PUByt �O TE OF 1..•!�• First American Title Company of Idaho 0 0 Exhibit "A" The land referred to in this commitment is situated in the State of Idaho, County of Ada, and is described as follows: Be inning at Sit g g a point 32 rods East of a point marking the Northwest corner of the Southeast Quarter of Section 12, Township 3 North, Range 1 West; thence South 40 rods parallel to the Meridian line; thence l� East 6 rods parallel to Quarter section line; thence North 40 rods parallel to Meridian line; thence West B rods to POINT OF BEGINNING, in Ada County, Idaho. Except the following described parcels Beginning at a point 32 rods East, of a point marking the Northeast corner of the Southeast Quarter of Section 12, Township 3 North, Range 1 West; thence South 40 rods parallel to the Meridian line , to a point, the REAL POINT OF BEGINNING; thence East, 66 feet parallel to the Quarter Section line; thence North 120 feet to a point; thence West 66 feet to a point; thence South 120 feet to the REAL POINT OF BEGINNING, in Meridian, Ada county, Idaho. p,1 ♦Nl. q, DEED OF TRUST THIS DEED OF TRUST, Made this t 11h day of February, 1998 BETWEEN Chester L. Pipkin and Susan M. Pipkin, husband and wife, and James A. Beard and Lisa M. Beard, husband and wife herein called GRANTOR, whose address is '79 LAst �It. First American Title Company of Idaho, Inc., an Idaho corporation, herein called TRUSTEE, and Jerald D. Gould and Joyce F. Gould, husband and wife whose mailing address is rip t� �, _ o �. herein called BENEFICIARY; WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that properly in the County of Ada, State of Idaho, described as follows and containing not more than forty acres: See Attached Exhibit "A" Hereto TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to tolled and apply such rents, issues and profits, for the purpose of securing payment of the indebtedness evidenced by a promissory note, of even date herewith, executed by Grantor in the sum of SEVENTY SEVEN THOUSAND AND NO/100 Dollars (577,000.00), final payment due 2/13/21X1.5 and to secure payment of all such further sums as may hereafter be loaned or advanced by the Beneficiary herein to the Grantor herein, or any or either of them, while record owner of present interest, for any purpose, and of any notes, drafts or other instruments representing such further loans, advances or expenditures together with interest on all such sums at the rate therein provided. Provided, however, that the making of such further loans, advances or expenditures shall be optional with the Beneficiary, and provided, further, that it is the express intention of the parties to this Decd of Trust that it shall stand as continuing security until paid for all such advances together with interest (hereon. To protect the security of this Deed of Trust, Grantor agrees: By The execution of this Deed of Trust and the Note hereby secured that provisions 1 to G inclusive of Part A and provisions 1 to 9 inclusive of Part B of the Deed of Trust wherein John B. Bell And Velda R. Bell were Grantors and Title and Trust Company was Trustee, which was recorded March 22nd, 1957, as Instrument No. 408028, al page 189 of Volume 291, Ada County, Idaho Mortgage Records, shall he and they are hereby incorporated and made, an integral part hereof for all purposes as though set forth herein at length. Request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale hereunder be mailed to the Grantor at his address hereinbefore set forth. 98014721 -e ,�,, � � l: Chester L. Pipkin 1 Susan M. Pipkin y .,�l� � ;. 1ECCR0ER DAVID I; :VAPRD 9QISE ID �►ERICAN FIRST Al penes A. Beard , E _,9 Pf1 4A6 Lida M. Beard FEE 0_;, j RECOIZ; .70 :;T TiiL Rc' STATE OF IDAHO ) ss. COUNTY OF Ada ) On This ]a day of February, i e year 1998, before me, a Notary Public in and for said Slate, personally appeared Chester L add $VarYM)r. rpt and James A. and Lisa M. Beard, known or identified to me to be the person(s) whose nanxwe subscribed to the within Instrument, and acknowledged to me that they executed the same. �.r„u qyr �j Notary Public of Idaho Residing at Meridian,ID �OTgRr • Commission expires: 2/10/03 AUBLtG *� ryTF OF ID �.O'r,• First American Title Company of Idaho STATE OF IDAHO BS. COUNTY OF ADAC � On this la day of ,puuu• before me, a notary public, personally appeared c—s-k � L. ?•7K:n a • 1E PL g8 4 known to me to be the person whose name is ,41%y ..••• • .� subscribed to the within instrument as the attorney-in-fact of 5.,,.. rti. ? K,1\ and acknowledged to me that he sub- �� _ •�yOTARr :• scribed the name or C V -S• - L . ? .-K•9N �•� thereto as principal, and his own name as auorncy-in-fact. AUBV� !• '.-�. 20,.1 �'• �r •••••......•'�.j.�.r ...�?*.2tac . Residing at: Beim Idaho 9TF OP���A •`�� Comm. Expires. c,^ a -,o -c, t, 0 i Exhibit "A" The land referred to in this commitment is situated in the state of Idaho, County of Ada, and is described as follows: Beginning at a point 32 rods East of a point marking the Northwest corner of the southeast Quarter of section 12, Township 3 North, Range 1 West; thence South 40 rods parallel to the Meridian line; thence East a rods parallel to Quarter section line; thence North 40 rods parallel to Meridian line; thence West 6 rods to POINT OF BEGINNING, in Ada County, Idaho. Except the following described parcels Beginning at a point 32 rods East, of a point marking the Northeast corner of the southeast Quarter of section 12, Township 3 North, Range 1 West; thence South 40 rods parallel to the Meridian line , to a point, the REAL POINT OF BEGINNING; thence East, 66 feet parallel to the Quarter section line; thence North 120 feet to a point; thence West 66 feet to a point; thence South 120 feet to the REAL POINT OF BEGINNING, in Meridian, Ada county, Idaho. A • DESCRIPTION FOR PROPOSED SEABURY SUBDIVISION November 6, 1998 A parcel of land lying in the SE % of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of the SE'/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, thence N 89046'23" E 527.88 feet along the north line of said SE Y4 to a point; thence S 00000'00" E 30.00 feet to a point on the southerly right-of-way line of W. Pine Avenue, the REAL POINT OF BEGINNING of this description; Thence N 8904623" E 132.00 feet along the southerly right-of-way of W. Pine Avenue to a point; Thence S 00000'00" E 470.26 feet to a point; Thence S 90000'00" W 66.00 feet to a point; Thence S 00000'00" E 40.00 feet to a point; Thence S 89046'20" W 66.00 feet to a point; Thence N 00000'00" W 510.00 feet to the REAL POINT OF BEGINNING of this description. Said parcel of land contains 1.485 acres, more or less. Wayne K. Barber, P.L.S. No. 844,e 980612\SEABURY-DES. DOC PHONE: (208) 364-2277 FAX: (208) 364-2406 BUILDING September 14, 1998 ADA COUNTY 10 DEVELOPMENT SERVICES 650 MAIN STREET, BOISE, IDAHO 83702 • ENGINEERING 0 PLANNING Becky Bowcutt Briggs Engineering, Inc. 1111 S. Orchard, Suite 600 Boise, Idaho 83705 RE: Subdivision Name Reservation - SEABURY SUBDIVISION Dear Becky: • ZONING At your request I will reserve the name "SEABURY SUBDIVISION' for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John E. Priester, P.E.L.S. County Engineer JP/jp AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ss COUNTY OF ADA ) I, Chester L. Pipkin 11 -3j --,)r CA_w, Q -C (name) (address) R l') , lW I Idaho V 37v i being first duly sworn upon (city) (state) oath, depose and say: That I am the record owner and/or representative of the property described as seat ry Subdivision, and I grant my permission to Briggs Engineering, Inc. - 1800 W. Overland Rd, Boise, ID 83705 Telephone: 344-9700; FAX: 345-2950 to sign and submit necessary applications pertaining to that property. Dated this Zi�, T1, day of -4 19 5e �. &i (Signature) SUBSCRIBED AND SWORN to before m the day-�gpl year first above written. 'J�_ Notary Pu Residing at My Commission Expires: fA "Z� Z 0 BRIGGS ENGINEERING. Inc. ENGINEERS / PLANNERS / SURVEYORS October 13, 1998 Re: Seabury Subdivision (Ron Walsh) To Whom It May Concern: U 1800 West Overland Road Boise, Idaho 83705 — 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@csi.com On September 19, 1998 a test hole was dug at the location shown on the attached map for the purpose of locating the ground water depth. Moist sand and gravel were found at the 6 foot depth with ground water at the 6.5 feet depth. Sincerely, BRIGGS ENGINEERING, Inc. % A, Stan McHutchison, P. E. SLM:fc 980612\TestHole-ltr uK^rl I SCALEI DATE BKB 1" = 800' 11/06/98 SE 1/4 SECTION 12, T3N, R 1 W, B.M. MERIDIAN, ADA COUNTY, IDAHO s uK^rl I SCALEI DATE BKB 1" = 800' 11/06/98 LETTER OF BRIGGS ENGINEERING, Inc. 1111 So. Orchard St., Suite 600 Boise, Idaho 83705 PHONE: (208) 345-2881 FAX NO: (208) 345-2950 TO [3 WE ARE SENDING YOU ❑ WE ARE RETURNING COPIES I DATED IN /I emu TRAMSMITTAL DATE U1151 19 ID N0. OUL� Z JOB NAME CU V(S l &I, JOB ADDRESS CITY, STATE ❑ SHOP DRAW/NGS LSI ENCLOSED ❑ CHANGE ORDER ❑ COPY OF LETTER ❑ UNDER SEPARATE COVER VIA ❑ PLANS ❑ ORIGINALS ❑ FEDERAL EXPRESS ❑ FINAL PLAT ❑ SPEC/F/CA TONS p" COURIER ❑ COMPO TER DISK IYJ OTHER {' ;,ti ❑ �cic,lc.Q,t" DESCRIPTION of Vo4 1 THESE ARE TRANSMITTED AS CHECKED BELOW REMARKS -Fs ❑ FOR APPROVAL FOR Y�1R ❑ APPR0I�D AS S!/BM/TIED ❑ RESUBM/T CARES FiN APPROVAL El /NF�MAA0V AS RE(X/ESIED ❑ APRROVEED AS NOTED 11-WBM/T CWlf-S FOR D/SIR/BUA6V El FOR ❑ RETURNED FA4 q REC1I6YS ❑ RETURN CWRECU PR/NTS RENEW AND CaNMENT ❑ PR/CE El FOR 910 Off ❑ COPY T CITY OF 1JIMMIAN PRELIMINARY SUBDVISION PLAT CHECKLIST iNCOMPY.= AMJCATIONS WH.L NOT BE PROCESSED APPLICATIONS MUST BE SOM IITTED THIRTY (30) DAYS PRIOR TO NEXT REGULARLY SMEDLUM P&Z 1Vl1xZMG. .X Pie ==kation sabmitba meeting geld vt Thirty (30) copies of the completed and executed written application form Proof of current ownership of lite real property incletded in the pmeiiminary plat and consent of recorded owners Name and address of party to receive billingslcorrespondence l l 3 / p), #1 C_ r 0" 64*,K_ , 4 I .T F 0 IX79 Legal desawtion of subdivision prepared and stamped by Registered Land Surveyor ✓� Thirty (30) copies of the preliminary► plat with &mewdons of not I M' than 24' x 36', drawn to a scale suitable to insane clarity of aU lues, dimensions and other data. Prclimingry plats shall include: a. Proposed Subdivision Na= b. Drafting date C. Sectional location of plat - Cousty d. North arrow e. Scalt of plat (not smaller thea 1' =100') E Names, addresses and tcLTbone numbers of owner, subdivider or sutxfividers and engineer, surveyor or Plan Who pMWed the prdimimaq plat: g. Statemeuit of hftnded = of the proposed sabdivWon (i.e., residential familY, two-family and multiple housing, commercial, industrial, recreational or agric u mal) h. Sites proposed for patios, playgrounds, schools, clturdtes or ad= public uses i. stimu, stre d sautes, rights-of-way aad mdway widths, including adjoining streets or roadways, r'A C4 Arntuhc-*a Nedff f /Ne 00144%wr F31 13 AK- QK- PREUMMARY PLAT CAST 1 • Lot lines and blocks showing_ scaled dimensions and numbers of each; k. Legend of Symbols I. Mkdmum residential house size m. Contour tines. shown at 5' intmtvals where land slope is grater than 10% and. at 2' intervals where land slope is 10% or less, refcrewed to an established benchmark, including locrtioa and devotion; n. Any proposed or exisft utdkies, inchkIng. but not limited,to, umm and sankny sewers, . . . laterals. ditches, drainage, bridges, catverts, water mains, fire bcydrants, streelights, pressurized irrigation and their respective profiles o. Any dedicattvns to the public and/or easements together with a stawment of location, dineensions and pw pom of such Page: 2 of 3 COMNMTS/DATE 016 old eV-- P- M89tex street drainage plan kdnding mediad of disposal and approval from the affected drainage district D Iii q. Floodplain boundary as determined by FEMA or measures to amend this boundary r. Stub streets to provide access to adjacent undeveloped land or existing roadways (block lengths do not exceed 1,0001) S. Cul-de-sac lengths not is ©cows of 450' ZAStaff as to Whether or not a vadmIce win be requested with re qw to any provision of the Omer dwaftft the particular provision, the varianoe requested, and tate reason the doer A Statement of de:vdopm cnL featutns A map of the entire area w4wduW for developmcnt if the proposed subdivision is a pardon of a lama holding intended fix subsequent devek9 went alb OW Al -P Vim �2w /f"ot -4 t 4, PRELiMIIdARY PLAT CHEMIST 10. Thirty (30) copies of a viciuixy map slowing a minimum 112 -toile radius from exterior boundaries of plat, including land use and wstmg honing of goosed subdivision and ad*M land (scale ) Page 3 of 3 COMMNTS/DATE Thirty (30) copies of a 1"=300' scale map on 844" x 11' paper in&c ad ng all adjacent development aa&or lots of record within 300' of any bounds q of the psgxm!d development, With the lVout of the proposed development in bold outline.' eta went of traffic impact on existing adjacent roadways and intersections Four (4) sets of conceptual engineering plans, including respective profiles C,fr4. Fee Paid - $300.00 + Lots 0 $10.00/f.ot = 3Gd.pO �8 certified mailings 0 $4--�maift 1, &7 XII�Proposea restrictive covenants and/or deed rest<ictions A site repro for establishment of the highest seasonal groutadwaW elevation /. Other Infvrmstion as RequesUod by Administrator, City Engineer, gleaning & Zoning Commission, or City Council APPLICATION ACCEPTANCE DATE: 4W t�*a*-n ✓b �a53,�Z hl-aa"w A7%4 PCX / rrx c t4ty C C --, ** TOTAL PAGE. 03 '+°K CITY OF MERIDIAN Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 PRINTED IN U.S.A. SOYINK,_ .(�J�Vi/f 6LU . ti N ON N u ti LL o o Lam. Ym Q 0:; m a p to N ?uj W In Wm N W m ¢ LL U Z — a c'3 O o w g CO Om Z �Qv (:3 00a W U)U)N O v c9 0 0° � o m y t � Z zi�'_ y 00 o- r ;i .a w, 2 01 ali ■ O <I 01 Lo o ru 0 U. O a; ■ ?i MD09 uo siieled papni3ui samleal R1Pnoa$ m M g � J ri o c 0 00 z 0 fV In In ¢ I N M r W 0 [� « O W � w O Y Z « « W ¢ m r r W W N « ¢ Q N H rn r w �'- toTn O w « ZQ00 Irl N • _N = m0-+ 3 "a UW=In 0 Cr Oprn w r■ 111 -a00 W ur r w rf7 In m ¢ w .. 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Hgo-� w $-0 O �3m3Oigw (m omQ 0, CL NOG C m -w 3Vc.N. oQo am 00 w OwvC7i 3 Ow wmmd m vgv 0. �Ow D. m �N 3NCD g•?��$m m 3W3-' .c0 ooe.2m '. 7 4 w NC 7mC•�� 3� WItpw N 3 m �wn�23. ��.m�3= O —0 N 7mCC� 7 7 w j 7 X C m 0.c r2 N 7 7 Q C.SN NQ wall For Accountable Mail J J N " — O (O OD V 1 W Cn I Mon w l iv 1 1 /V y tb bd Cz1 p bd R° tb trbd td b7 bd ?� �7�,►d�',o �Z�J,ti�R° 170 �yy p CO � OCOR°O -CO�OtriO - v� R° p zt7�i SEABURY SUBDIVISION PROPERTY OWNED WITHIN 300' YOUNG BRADLEY W AYNE & YOUNG SHERRY LYNN 539 W CRITERION ST MERIDIAN ID 83642-2165 GIESLER JOHN C 677 W CRITERION ST MERIDIAN ID 83642-2163 JONES RICHARD A 669 W CRITERION ST MERIDIAN ID 83642-2163 IVERSON MONTE 657 W CRITERION ST MERIDIAN ID 83642-2163 STODDART BRENDA G 647 W CRITERION ST MERIDIAN ID 83642 REGENT BUSINESS COMPANY PO BOX 1181 MERIDIAN ID 83680 631 W CRITERION ST EVANS RUTH J 506 W PINE AVE MERIDIAN ID 83642-2135 LEFEVRE MARC E 603 W CRITERION ST MERIDIAN ID 83642-2163 SALSTROM RICHARD A & SALSTROM SANDRA R 5701 CONVERSE HOWE CIR GARDEN GROVE CA 92845-2621 579 W CRITERION ST SMITH LARRY R & MARIANNE 720 W PINE AVE MERIDIAN ID 83642-2139 LUKE DANIEL WILLIAM 3290 E AMITY MERIDIAN ID 83642 712 W PINE AVE SKIVER WAYNE D & KATHLEEN F 644 W PINE AVE MERIDIAN ID 83642-2137 W PINE AVE 644 W PINE AVE GASS LOWELL H ET UX 632 W PINE AVE MERIDIAN ID 83642-2137 BEACH DEVIN K & SHERRI L 626 W PINE ST MERIDIAN ID 83642 GEWILLIAM & DOROTHY JEAN SELLE ESELL & CHARLES GESELLE DAWN 526 W PINE AVE MERIDIAN ID 83642-2137 616 W PINE AVE ZIEGLER FREDERICK W 616 W PINE AVE MERIDIAN ID 83642-2137 W PINE AVE CLEMENS RUBY D 602 W PINE AVE MERIDIAN ID 83642-2137 GESELLE CHARLES & DAWN 526 W PINE AVE MERIDIAN ID 83642-2135 ESTEP NINA L 520 W PINE AVE MERIDIAN ID 83642-2135 HERSEY AND HERS CLIFFORD & JANET L 1450 STITZEL RD ELKO NV 89801-4892 830 W 07TH ST 0 BRINCKEN EMIL W & ESTHER L 711 W PINE AVE MERIDIAN ID 83642-2138 PACK LOVA JUNE & RAY O 524 W CARLTON AVE MERIDIAN ID 83642-2125 645 W PINE AVE MIGNEAULT LESLIE D & DAMITA K 1680 BEARDEN CT MERIDIAN ID 83642-1301 631 W PINE AVE PIPKIN CHESTER & SUSAN M AND BEARD JAMES A & LISA M 79 E AIKENS EAGLE ID 83616 619 W PINE AVE MADSEN DWAYNE L & LUCY ANN 603 W PINE AVE MERIDIAN ID 83642-2136 WILLIAMS PAUL D & LORI R 535 W PINE AVE MERIDIAN ID 83642 WAGEMAN DIRK & KERRY 519 W PINE AVE MERIDIAN ID 83642-2134 PEACHEY GALEN L & JANET L 9094 W BROOKVIEW CT BOISE ID 83709-0501 511 W PINE AVE JENKINS LYNDON A 802 W 07TH ST MERIDIAN ID 83642 MCRAE DENIS R & MARTHA L 2622 SAN MARCO WAY NAMPA ID 83686-7921 535 W PINE AVE 0 RADER LOREN C & RADER ROSILYN J P.O. BOX 713 BOISE ID 83701 642 W IDAHO AVE 622 W IDAHO AVE SLAATHAUG JOYCE C 592 W IDAHO AVE MERIDIAN ID 83642-2542 582 W IDAHO AVE INDIVERI HARRIET ELLEN PO BOX 13 APTOS CA 95001-0013 519 W PINE AVE GODBOUT NORMAN L & CAROL R RIVERS POINT HC 76 BOX 1096 BANKS ID 83602-9600 512 E IDAHO AVE WESTBERG PAUL L & MARY C PO BOX 280 STAR ID 83669-0280 682 W IDAHO AVE 662 W IDAHO AVE CONNER CLARENCE ET UX 3517 S ASHBURY WAY BOISE ID 83706-6414 604 W BROADWAY AVE THORNE TORY L & WILEY- STACI 7732 LONG DR BOISE ID 83704-4439 529 W IDAHO AVE BAIRD SCOTT C & APRIL M 730 W 07TH ST MERIDIAN ID 83642 MURRELL ERIC J & NELDA A 7224 COLT DR BOISE ID 83709 661 W IDAHO AVE • WARING KELLIE JO & BRADLEY T PO BOX 16686 BOISE ID 83715 645 W IDAHO AVE ACCENT HOMES L L C 812 E MARTINIQUE DR MERIDIAN ID 83642-7417 623 W IDAHO AVE 625 W IDAHO AVE HOBSON DAVID G & CINDY L AND HOBSON JEFFRY M & SANDRA 4111 OVERLAND RD BOISE ID 83705-2972 702 W 07TH ST HANEY ROY T & ARIEL L 502 W BROADWAY AVE MERIDIAN ID 83642-2531 WANG LOUIS F 1507 YUKON DR SUNNYVALE CA 94087-4453 650 W BROADWAY AVE SLANSKY JOE V & LELA M 644 W BROADWAY AVE MERIDIAN ID 83642-2405 PACK ALAN R & DEANN K 636 W BROADWAY AVE MERIDIAN ID 83642-2405 HENNING ROGER M & IRIS N 528 W BROADWAY AVE MERIDIAN ID 83642-2531 FREEBERG JOHN & BONNIE TRUSTEE WOODEN KAY R PO BOX 542 NAMPA ID 83653-0542 660 W BROADWAY AVE JARRETT WILLIAM E JR & VIDA M 624 W BROADWAY AVE MERIDIAN ID 83642-2405 FOLEY J C & MARTHA C 522 W BROADWAY AVE MERIDIAN ID 83642-2531 IDAHO CONGREGATION OF JEHOVAHS WITNESSES INC 3733 S MCGUIRE PL MERIDIAN ID 83642-6989 721 W BROADWAY AVE ROBERTS EDWARD & MARY 5641 CASCADE RD EMMETT ID 83617-9720 685 W BROADWAY AVE HADLEY DOUGLAS G AND SONJA K 11938 W SILVERKING DR BOISE ID 83709 647 W BROADWAY AVE LEIGHTON TRACY WILLIAM & WENDY L 631 W BROADWAY AVE MERIDIAN ID 83642-2404 TIMSON GARY C & PEGGY L 621 W BROADWAY AVE MERIDIAN ID 83642-2404 HOPKINS RAYMOND W 607 W BROADWAY AVE MERIDIAN ID 83642-2404 TREAT LOLA MAY 521 W BROADWAY AVE MERIDIAN ID 83642-2530 DEUBER THOMAS SCOTT & SHEILA R 511 W BROADWAY AVE MERIDIAN ID 83642 BUCK VELMA R LIFE ESTATE AND BUCK LUANA 503 W BROADWAY AVE MERIDIAN ID 83642-2530 BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN IN THE MATTER OF THE REQUEST ) FOR PRELIMINARY PLAT FOR ) SEABURY SUBDIVISION BY WEST PINE) DEVELOPMENT ) (PP -98-103) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on the 16th day of February, 1999, and appearing at the hearing on behalf of the applicant was Becky Bowcutt of Briggs Engineering, Inc., and appearing and testifying were Les McNolt and Dwayne Madson, neighboring property owners, and the City Council having received a report from Shari Stiles, the Planning and Zoning Administrator, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the latest Preliminary Plat Drawing dated: 11/24/98, Project Drawing No. 980612 by Briggs Engineering, Inc. for Seabury Subdivision, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Section 11-9-604, Municipal Code of the City of Meridian. Therefore the City Council makes the following findings: FINDINGS OF FACT AND CONCLUSIONS OF LAW - 1 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and, the property is presently zoned R-15, Medium High Density Residential District, and requires connection to the Municipal Water and Sewer System. [see Section 11-2- 408Bb(7), Municipal Code of the City of Meridian.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the ACHD and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, FINDINGS OF FACT AND CONCLUSIONS OF LAW - 2 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "11/24/98 Project Drawing No. 980612 by Briggs Engineering, Inc. for Seabury Subdivision". DECISION AND ORDER Pursuant to the City Council's authority as provided in Section 11-9-604E of the Municipal Code of the City of Meridian and based upon the above and foregoing Findings of Fact which are herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by 11/24/98 Project Drawing No. 980612 by Briggs Engineering, Inc. for Seabury Subdivision, is hereby conditionally approved; and 2. The conditions of approval are as follows to -wit: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No plan shall interfere or obstruct the delivery of water to any down stream water users that have a legal right to the same. No variances have been FINDINGS OF FACT AND CONCLUSIONS OF LAW - 3 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 0 0 requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 2.4 Submit copy of proposed restrictive covenants and/or deed restrictions for review by the Meridian City Council. 2.5 Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 2.6 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2.7 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 2.8 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 2.9 Sanitary sewer service to this site will be via an extension of the existing main adjacent to the west of the 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. 2.10 Water service to this site will be via an extension of the existing main adjacent to the west of the proposed development. Applicant will be responsible to construct the water mains to and through this proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW - 4 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT • 0 development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 2.11 Indicate any existing irrigation/drainage ditch easements on the preliminary plat map. 2.12 One -hundred -fifty -watt, high-pressure sodium streetlights will be required at locations designed by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 2.13 A pressurized irrigation system shall be required within the proposed development. Applicant shall indicate whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa SL Meridian Irrigation District. If the system is to be private, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O SL M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. As an alternative to this requirement, if possible the applicant may obtain adequate irrigation water from shallow well up to 18' in depth and/or pay a well development fee. 2.14 Six -foot -high, permanent perimeter fencing is required to be in place prior to obtaining building permits unless specifically waived in writing by the City P SL Z Administrator. 2.15 Applicant is proposing that the driveways for the development serve as the turnaround on this dead-end section of Idaho Street. Coordinate with the Meridian Fire Department and Ada County Highway District and provide letters of approval for this configuration. FINDINGS OF FACT AND CONCLUSIONS OF LAW - 5 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 0 Ll 2.16 Wheel blocks will need to be provided where parking spaces meet (center parking lots). 2.17 The driveway widths may not be less than 23' widths. 2.18 City Ordinance states that uses in the R-15 zone should have direct access to an arterial or collector and be located adjacent to a park or open space corridor. A portion of this development has direct access to Pine Street, and a small area is available for open space within the development. 2.19 Provide detailed landscaping plans for approval prior to obtaining building permit. 2.20 Screened trash enclosures are to be provided within this development. Coordinate placement with Meridian Sanitary Services, Inc. 2.21 Existing and proposed utilities are not shown on the conditional use permit site plan. 2.22 Applicant shall provide documentation on one-time split to ensure out - parcel is a legal lot; otherwise, include the out -parcel as part of the preliminary plat. 2.23 The Meridian City Fire Department requires that all fire codes be met. 2.24 Nampa SL Meridian Irrigation District requires all laterals and drains within the subject property are private and must be protected. 2.25 All storm drainage must be retained on site. 2.26 ACRD: The two existing curb cut driveways on Pine Avenue which are located: • 10 -feet east of the west property line. • Abutting the east property line. are approved with this application. Reconstruct the driveways as 16 to FINDINGS OF FACT AND CONCLUSIONS OF LAW - 6 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT 0 0 20 -foot wide curb return driveways with 15 -foot curb radii. 2.27 Provide a recorded cross access easement for the parcel to the east to use this parcel for access to the public streets prior to final plat approval. 2.28 Constructed driveways on the future extension of Idaho Avenue as 16 to 20 -foot wide curb cut driveways, located a minimum of 5 -feet from the property lines. Coordinate the location of the driveways on Idaho Avenue with District staff. 2.29 Extend Idaho Avenue as a 37 -foot Street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 2.30 Provide a paved temporary turnaround at the end of Idaho Avenue with a temporary easement provided to the District. Coordinate the turnaround with District staff. 2.31 Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement widening to one half of a 37 -foot street section on Broadway Avenue abutting the parcel (approximately 60 -feet) prior to District approval of a final plat. 2.32 Pave all the driveways their full width and at least 20 -feet beyond the edge of pavement of Pine Avenue and Idaho Avenue. 2.33 No driveways are proposed on Broadway Avenue and none are approved with this application. 2.34 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 2.35 Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2.36 The following existing street names shall appear on the plat: "W. Pine FINDINGS OF FACT AND CONCLUSIONS OF LAW - 7 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT Avenue:, "W. Broadway Avenue", and "W. Idaho Avenue". 2.37 If the property to the east of the subject development has the same owner, it is recommended that the water main be tied in to the exiting main on the east side of the field, thereby eliminating any dead end water lines. 2.38 The applicant obtain written approval for the central sewage and central water prior to the approval of the Conditional Use Permit. 2.39 The applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.40 Run-off is not to create a mosquito breeding problem 2.41 Stormwater shall be retreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water. 2.42 The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system to prevent groundwater and surfacewater degradation. By action of the City Council at its regular meeting held on the day of v a , 1999. :RT D. CORRIE r, City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT • Copy served upon Applicant, the Planning and Zoning Department and the Public Works De artment. By: d --Dated: City Clerk msg/DA\MyFiles\Meridian City File\SEABURY SUBDIVISION PP\PP.FF.wpd y` Of i Bull ,A��IJf1J1J1119t11����, FINDINGS OF FACT AND CONCLUSIONS OF LAW - 9 AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT REcEwED E E B 1 6 1999 CITY OF MRIDIAN • HUB OF TREASURE VALLEY • Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD CERTIFICATE OF SERVICE LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 I, the undersigned, do hereby certify that a true and correct copy of FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT was mailed to: WEST PINE DEVELOPMENT 11321 W. HICKORY BARK DRIVE BOISE, IDAHO 83713 properly enclosed in an envelope, with postage prepaid, on this 30th day of March, 1999. Depu City Clerk Copy: Shari Stiles, Planning and Zoning Gary Smith, Public Works 0 0 WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW William G. Berg, Jr.''.. City Cleric CITE OF 33 East Idaho Street 1�"T Meridian, Idaho 83642 Re: SEABURY SUBDIVISION PRELIMINARY PLAN REQUEST Dear Will: Regarding the above referenced matter, please find enclosed a copy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAN for approval and signature by the Mayor and Council. Please serve a copy of the FINDINGS, along with the Notice of Final Action, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning. If you have any questions, please give me a call. Very truly yours, WmGigray, III msg/D:\MyFiles\Meridian City File\SEABURY SUBDIVISION PP\Clerk.wpd 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE JUSTIN P. AYLSWORTH POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH JULIE KLEIN FISCHER MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 WM. E GIGRAY, III TEL (208) 288-2499 NAMPA, IDAHO 83653.0247 D. SAMUEL JOHNSON FAX (208) 288.2501 TEL (208) 466.9272 WILLIAM A. MORROW FAX (208) 466.4405 CHRISTOPHER S. NYE Email via Internet @ wfg@wppmg.cOm PHILIP A. PETERSON PLEASE REPLY TO MERIDIAN OFFICE STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN March 1, 1999 R. STEPHEN RUTHERFORD TERRENCE R. WHITE y William G. Berg, Jr.''.. City Cleric CITE OF 33 East Idaho Street 1�"T Meridian, Idaho 83642 Re: SEABURY SUBDIVISION PRELIMINARY PLAN REQUEST Dear Will: Regarding the above referenced matter, please find enclosed a copy of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAN for approval and signature by the Mayor and Council. Please serve a copy of the FINDINGS, along with the Notice of Final Action, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning. If you have any questions, please give me a call. Very truly yours, WmGigray, III msg/D:\MyFiles\Meridian City File\SEABURY SUBDIVISION PP\Clerk.wpd • 0 MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 19 8. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT — BETWEEN W. PINE ST & W. BROADWAY AVE, EAST OF W. FOURTH ST: Corrie: I will open the public hearing at this time and invite Ms. Stiles to comment. Stiles: Mr. Mayor and Council I would just ask that our comments dated December 21, 1998 be incorporated as conditions of approval. Corrie: All right. Okay anyone else from the public who would like to issue testimony in this case? You can come up here. Ask your questions and then we'll answer them for you if we can. LES MIGNEAULT Migneault: My name is Les Migneault. I own the property immediately adjacent to the property being developed at 631 W. Pine, and I was just interested in that ditch that crosses the property that I've had access to irrigation for many years now. I was interested to see if that was a ditch that was maintained by the irrigation district and whether it would be tiled and I would maybe have access to the irrigation water since I've been paying the taxes on it and using it. It pretty dead heads right there at my property now since the development closed the ditch leading off to the other direction, but I was mainly interested in access to the irrigation and whether it was a maintained ditch by the irrigation district. Rountree: Mr. Mayor, if I might ask a question. Do you have a reasonable amount of water through that ditch? Migneault: A reason amount. I tried to irrigate the backyard and there's a garden spot in the back that I access that water pretty regularly. It beats using city water on your lawn. Rountree: Do you pay more than your assessed fee to your property? In other words, do you pay for that water? Migneault: Yes, I do. It's irrigation tax. Rountree: How many inches of water do you pay for? Migneault: You know to be honest with that water has run down that ditch for so many years that we all just tapped off of it, and I never I mean the ditch was running and I went out there and made my damn and took the water that I wanted then opened the damn — • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 20 Rountree: So you're not paying for the water then? Migneault: Well I was to be honest with you I thought it was part of the irrigation tax in the district. Rountree: Probably not the case, but at least you have water to use. You're probably using somebody else's water. Migneault: I had access to it until they developed the apartments directly behind my house now and that ditch ran rather freely before until they got backed up from the apartment development and now it's being threatened even further and I feel that I've been paying taxes on the irrigation for many years on that property and had access to the water and if it is a maintained ditch or that the ditch is part of the irrigation district, then I feel I should keep access to the irrigation water or if the alternative is to not have access, then it's quite an expensive — I understand around $100 to get a person taken off of the tax list to where you don't pay tax if you don't have access to the irrigation. I would prefer to have access to the water if possible. Thank you. (Inaudible) Bowcutt: Mr. Mayor just to put our response on the record we have identified the ditch. It is shown on our preliminary plat our to-po. We do show piping that irrigation ditch across. It looks like he comes off of a spur from this ditch so I'm glad that he showed up this evening so that we can go ahead and run it down here and make sure that it outlets to him. Corrie: You might stick around Becky. We have one more person who would like to testify. DWAYNE MADSEN 603 W. PINE Madsen: My name is Dwayne Madsen. I live at 603 W. Pine. This same water incident is what and we do have low pressure water that comes across there and at the point where he mentioned that he said that the ditch ends, it doesn't end. It goes into an underground over by the apartments right across the end of Broadway where the edge of the development is now and it's used by quite a few people and we're down on the end of it and we do pay a ditch tax and it our responsibility and not the ditch companies to take care of the ditch. So I've been helping take care of it over the years, but we do have low pressure water down through there and it does continue on and go into a drain ditch over by the apartments near Idaho and I think about 7t". But it is underground from about his place all the way over where it goes into the drain ditch except for about • 0 MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 21 100 feet on the very end down near the apartments and the single dwellings down there. Corrie: Okay are you on the east or the west of this gentleman? Madsen: I would be just to the east of where he mentioned. Corrie: East. Okay is that Becky part of your property? Madsen: I'm the piece of property that's between these two developments. Corrie: You own between the two. Okay, make sure we got everybody cover here now. (Inaudible) Bentley: Mr. Mayor could you have the record reflect that Becky Bowcutt's testimony from item number seven is to be included in item number eight, the preliminary plat. Corrie: So be it. Anyone else would like to enter testimony on item number eight on the preliminary plat? Any other comments from staff? Any further comments from Council? Bird: I have none. Rountree: None. Corrie: I'll entertain a motion to close the public hearing. Rountree: Mr. Mayor I move we close the public hearing. Bentley: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bentley to close the public hearing on item number 8. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Any further comments or discussion by Council? Bentley: I have none. Corrie: Then I will entertain a motion for accept, rejection or (inaudible) for approval of the preliminary plat. 9 9 MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 22 Bentley: Mr. Mayor, I move we approve the preliminary plat subject to staff conditions. Corrie: Do I hear a second? Anderson: Second. Corrie: Motion made by Mr. Bentley second by Mr. Anderson to accept the preliminary plat for Seabury Subdivision by West Pine Development subject to conditions of staff comments. Any further discussion? Rountree: Mr. Mayor I would request if Councilman Bentley would consider a condition on that approval that the developer investigate and/or resolve the irrigation issue both downstream and through this parcel and they assist in identifying what problems may be upstream to get the irrigation water to this property. What I don't think we want nor do I think they want is another Don Bryant situation where on a wet year your 4-plexes are in a foot of water that nobody knows where it came from or where it's going to go to and I think it's really important that we pay attention to this irrigation issue. Bentley: I would agree to that. Corrie: Okay. Does the second agree to it? Anderson: Second agrees to it. Corrie: Mr. Gigray. Gigray: Mr. Mayor I would understand as we would prepare an order of conditional approval of the preliminary plat that the same conditions that were enunciated in the previous action in item seven we would make sure that this order was consistent with those because there are a lot of the same conditions apply in both instances with your permission. Bentley: Yes, that was my intent. Corrie: Amended motion by Mr. Bentley and second approval by Mr. Anderson. Any further discussion? Hearing none, all those in favor of the amended motion say aye. MOTION CARRIED: ALL AYES. 9. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 21.54 ACRES FOR PROPOSED THOUSAND SPRINGS VILLAGE BY MARTIN :7 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16 1999 f� APPLICANT: WEST PINE DEVELOPMENT ITEM NUMBER: 8 REQUEST: PRELIMINARY PLAT FOR SEABURY SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER 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: COMMENTS SEE ATTACHED MINUTES FROM P & Z 1/12/99 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION FROM P&Z REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS , 9 ,,,vp, n U" INTERMOUNTAIN GAS: v(i BUREAU OF RECLAMATION: ( I �,(I i OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. MERIDIAN PLANNING AND ZONING MEETING: JANUARY 12, 1999 APPLICANT: WEST PINE DEVELOPMENT ITEM NUMBER: 4 REQUEST: PRELIMINARY PLAT FOR SEABURY SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. PLANNING ANDIPNING COMMISSION JANUARY 12, 19 PAGE 37 Stiles: No, I don't have anything further, I just ask that our comments be included in your recommendation and that we receive the information that we requested. Rossman: I would also add to please input on the ACHD comments as well in your motion. MacCoy: Okay commissioners. Smith: Mr. Chairman, I would like to make a motion that we recommend to the City Council approval of this request for conditional use permit with the inclusion of staff comments, ACHD report, and that the applicant provide evidence of availability of providing pressurized irrigation for this project. Nelson: Second. Borup: Second MacCoy: We have a motion and second. Any discussion? None, all in favor? MOTION CARRIED: All ayes. ITEM NOA: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY WEST PINE DEVELO9PMENT —BETWEEN W. PINE ST. & W. BROADWAYAVE. EAST OF W. FOURTH ST: MacCoy: At this moment since we have already heard from the staff, unless they want to make a comment at this moment. I guess not. Would the applicant step forward please? We are going to open the public hearing now for this one. BECKY BOWCUTT, BRIGGS ENGINEERING, 1800 W. OVERLAND, BOISE, ID. Bowcutt: Please incorporate my previous statements and testimony into the record on the preliminary plat application also. MacCoy: Any comments for Becky before she sits down? De Weerd: No. MacCoy: I'll ask the question, we have an open public hearing now, so is anybody here that wants to speak in favor of this portion of the same project? Seeing none. Is there anybody here who would like to have a protest on this project? Seeing none. I will give it back to the commissioners. De Weerd: Mr. Chairman, I move that we close the public hearing. PLANNING AND#NTNG COMMISSION JANUARY 12, 19 PAGE 38 Smith: Second. MacCoy: Okay, all in favor? MOTION CARRIED: All ayes. MacCoy: Do I hear a motion as to the condition? Smith: Mr. Chairman I would like to make a motion that we recommend approval for this request for a preliminary plat with the inclusion of staff comments, ACHD report, and that the applicant provide evidence of availability of pressurized irrigation to this site. De Weerd: Second. Borup: Second. MacCoy: We've got two seconds all right. Any discussion? De Weerd: No. MacCoy: Seeing none, all in favor? MOTION CARRIED: All ayes. (BREAK) ITEM NO.5 &6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING & PRELIMINARY PLAT FOR THOUSAND SPRINGS VILLAGE BY MARTIN DEVELOPMENT INC. —NORTH OF E. VICTORY ROAD, WEST OF S. EAGLE ROAD: MacCoy: Staff, what do you have to say about this one? Rossman: Mr. Chairman, you can if it would be easier, if you thought it would be easier for the commission to consolidate 5 & 6 since they are the same applicant if you like or you can keep them separate. MacCoy: Are you going to allow us to do that? Rossman: I will allow you to do that if you would like. MacCoy: Our past attorney has took me to task for that. Okay we are allowed to do it, I'll take your word for it. So we will take testimony on both of them and we will decide separately on each issue. Staff on 5 & 6? PLANNING ANDONING COMMISSION JANUARY 12, 1� PAGE 32 MacCoy: Any discussion? Mr. Borup do you have anything that you want to discuss before we move on? Borup: I've probably said it all. MacCoy: Call for a vote. All in favor for the motion that was given? Smith: Aye. De Weerd: Aye. Nelson: Aye. De Weerd: Ask for those opposed though. I don't think Mr. Borup (Inaudible). MacCoy: Here again I'm going to call for, which I have the option to do, a roll call vote. ROLL CALL: Borup — nay, De Weerd — aye, Smith --- Smith: What are we voting on? MacCoy: What the motion was. Smith: The last motion? De Weerd: To deny the Comprehensive Plan Amendment. ROLL CALL: Smith — aye, Nelson — aye. MacCoy: All right, three ayes, and one nay to be recorded. Thank you very much. , ITEM NO. 3:\PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING, 1 TRI-PLEX, AND 4 FOUR-PLEX UNITS FOR PROPOSED SEABURY SUBDIVISION BY WEST PINE DEVELOPMENT — BETWEEN W. PINE ST. & W. BROADWAY AVE., EAST OF W. FOURTH ST: MacCoy: Are you ready Shari? Stiles: Chairman MacCoy, commissioners this is basically an infill project. It's located south of Pine and it's surrounded mostly by development of some apartments. There are some parcels that have been split off. We don't have the history of when those were split off, so we know if they are valid lot splits or not, PLANNING ANDNING COMMISSION JANUARY 12, 19 PAGE 33 but have asked for that information. The main issue of the public works department was the pressurized irrigation. Apparently there are water rights there, but the ditches that were existing have been abandoned. So that needs to be resolved. (Inaudible) MacCoy: Can you hold that for a little bit we've got a chance to come back to that. Stiles: The indication to staff has been that they have been abandoned. They are located in a zone that allows this type of development. They are meeting the minimum requirements as far as the zoning ordinance for parking and lot sizes for the structures, although they don't have direct access to Pine Avenue they did locate a direct access to Pine, it would significantly detract from the ability to develop this site and it would probably be a long time before it ever was developed. I don't think it would be cost effective to develop the site. They would need to be concerned with buffering of the adjacent larger parcels that exist around them. I think these infill projects you do have to be a little more lenient in order that we get some of this developed. There is—you don't have before you yet, but there is another development coming from the other side that would be very similar to this development and the only piece left for the connection through of Idaho would be—actually there are two parcels that are immediately to the east of this proposed development that no proposal has come in on that parcel yet. If you have any questions. MacCoy: Now that we've heard from our staff I'll open the public hearing and Becky come forward. BECKY BOWCUTT, BRIGGS ENGINEERING, 1800 W OVERLAND, BOISE, ID. Bowcutt: I'm representing the applicant in this matter. I have two applications here, one a conditional use, the other a preliminary plat so I'll just combine my statements into one presentation and ask that those statements be allocated to the other application. As Shari indicated this is an infill parcel, it's located off Pine and Idaho and then Broadway Street is located on our south boundary. There is one existing single family dwelling on the parcel the rest of this is currently undeveloped. It's currently zoned R-15, this whole corridor between Pine and Broadway is a whole swath of R-15. In looking at that area, it's kind of a mixed use area. We see some apartments, there are some 4-plexes, tri-plexes and there is also single family dwellings. Most of the multi -family is located off these Idaho Street and as Shari indicated, that Idaho Street there is a gap between it. You can't drive on Idaho and go straight through. You have to go around and then come back. By developing this property, we'll be extending Idaho Street and building that two public street standards with five foot sidewalks both sides, it's across, I think 130 feet. Sewer and water does exist in Idaho PLANNING ANNING COMMISSION' JANUARY 12,1979 PAGE 34 Street here, it's also out there in Pine. The depth of the sewer, it is quite shallow. We did submit some profiles to your staff for their evaluation of sewer ability, service ability and they indicated barely, marginal. So we don't have a lot of play in this. One of the problems we have with these parcels is that they are narrow. My intent in this design was to create a situation where we did not have any backing movements onto Pine or Idaho, primarily Pine since it is an arterial, we wanted to make sure that all cars—we have to have an approach, but we want them to be going out frontways. So we created these parking enclaves. The parking spaces are 9 X 19, which is in compliance with the ordinance. In order to get our four foot landscape buffering on our perimeter adjoining unrelated parcels we did decrease our aisle width from 25 to 23 feet. I discussed this with staff, we kind of looked at some—talked about what our options were and both kind of came to the determination that there were no other alternatives. In that parking aisle width, the minimum under the Uniform Fire Code is I believe 20. In apartment complexes throughout the Valley you will find them between 20 and 24 feet wide, the aisle ways. We believe that 23 is adequate, we are not compromising our landscaping, nor are we compromising our parking. Providing two parking spaces per unit. We've got four 4-plexes and one 3-plex and one single family dwelling. So the preliminary plat consists of six lots and the conditional use application is for a total of 20 units, one of those being the existing single family dwelling. We reviewed staff's comments. We were in agreement—there was comment on the irrigation. I did confirm with Nampa/Meridian Irrigation District that there are water rights on this parcel, so it has not been excluded. What made me believe that there may be some problems in this area is another surveyor in the valley called me and they are working on the parcels to the east. She asked me what we are doing for pressurized irrigation, I said you don't have a choice it's mandatory. She says that the property owner that I'm working with indicates that the ditches out here have been abandoned. So in my response to staff is that there was mention from a property owner that they've been abandoned. My client who visited the site said this summer there was water in some of the ditches. Not a lot, but there was some. So my statement to staff is that additional research will have to be done to verify is there an adequate supply of water, surface water to pressure— you know, for a pressurized system. Obviously the ordinance mandates it, I asked staff in the event that you don't have a sufficient supply what can you do? They indicated it has only happened one time and we would have to work that out with the City Council. Whether we use a domestic source or ask for a variance or something along that line. So research is going to have to be done on how much volumes coming down these ditches. Is it constant? Some of these older areas throughout the area, infill especially we have lots of problems with, property owners—little coverts get kind of crushed if they have driveways over them. People don't clean out their ditches so we don't have as good as irrigation sources as we have out in the more rural areas as the bigger developments start moving north and south. We feel this is compatible and consistent with what is in this area, like I said, it's zoned R-15. Our density that we are proposing is 13.48 dwellings per acre. The site itself is 1.48 PLANNING ANDONING COMMISSION JANUARY 12,1979 PAGE 35 approximately. We feel that it would be a good compliment to the neighborhood. The developer intends to—each lot will be landscaped. All the buildings will be the same, so we are not—it's not going to sell these off to independent builders so that each unit, you know we don't have any character that's consistent throughout the project, that's not the case. In this case, he is selling it to one particular builder who is going to build this unit right here. Of all the four plexes that have been brought to me, this one with the deviations in the roof lines offset facades looks the best. Honestly, the elevations here are some of the best that I've seen in four-plex design. One of the problems typically with the four-plexes is that they appear to be so boxy, they don't have a lot of deviation in the roof lines, and they are just not attractive. That is you can see the different elevations of this, it's a two story unit with the offset facades, the different roof lines, you are getting a real nice look. So these aren't your basic box structures that you have seen in the past. Do you have any questions that I can answer? Borup: Just minor, you said the sewer is quite shallow? Bowcutt: Yes sir. Borup: Is it running to the east presently? Is that the direction that the sewer line will— Bowcutt: You mean which way does the sewer flow? Borup: Yes, maybe I should have asked Bruce that. Bowcutt: It's flowing this direction, isn't it Bruce? Borup: It is flowing to the west? Bowcutt: Yes. Borup: (Inaudible) properties to the east, so it's even going to be more shallow on those? Or is there another sewer line coming in from another direction. I guess that doesn't really matter, I'm thinking ahead here. I'm sorry. As long as this parcels served, that's all that counts. Thank you. Oh, I do have one other question that I'm a little bit confused on. ACHD made reference to Broadway on their site specific comments. This property doesn't go to Broadway does it? Bowcutt: This portion of the property abutted Broadway. In staffs condition they've asked for evidence that it's eligible for what they call a one time division. I gave the key dates to the applicant who did some research and his research indicated that the property was eligible for one division. Borup: There is no structure on that property at this time? PLANNING PNING COMMISSION 0 JANUARY 12, 19 PAGE 36 Bowcutt: That's correct, to answer your question, I'm kind of going in an indirect route, sorry. To answer you question, Ada County Highway District's rule is if you take a one time split of a parcel and that has taken place within one year of your application being submitted, then you are required to make those improvements on your frontage. What was happening in the past is they would split off say an existing home on a parcel and then they would not be required to install sidewalk in front of that home. So you end up with a bunch of sidewalk, no sidewalk, sidewalk, no sidewalk and their only chance of getting continuous sidewalk in areas with existing streets that lack sidewalk was to impose this requirement. Borup: So that parcel is not a part of this plat. (Inaudible) Bowcutt: However, it was part of the parcel originally. So they have the ability to impose that. Just for the 60 feet, 66 feet. Borup: I was confused about that. Thank you. MacCoy: Anything else? Commissioner De Weerd? De Weerd: I have nothing. Smith: Nothing. Nelson: Nothing. MacCoy: All right, thank you Becky. Anyone here want to stand up in support of what you've just heard for a project? All right, I'll turn it around the other way. Is there anybody here who would like to step up and oppose this project? Staff do you have anything you want to add at this moment? No, all right. Smith: Mr. Chairman, I would like to make a motion that we close this public hearing. De Weerd: Second. MacCoy: Any discussion? Doesn't appear to be, all in favor? MOTION CARRIED: All ayes. MacCoy: Do I hear a motion? What do you want to do with this? De Weerd: I would like to hear anything else from the staff last chance for comment. Shari? MacCoy: They turned us down. PLANNING ANDiNING COMMISSION JANUARY 12, 19 PAGE 37 Stiles: No, I don't have anything further, I just ask that our comments be included in your recommendation and that we receive the information that we requested. Rossman: I would also add to please input on the ACHD comments as well in your motion. MacCoy: Okay commissioners. Smith: Mr. Chairman, I would like to make a motion that we recommend to the City Council approval of this request for conditional use permit with the inclusion of staff comments, ACHD report, and that the applicant provide evidence of availability of providing pressurized irrigation for this project. Nelson: Second. Borup: Second MacCoy: We have a motion and second. Any discussion? None, all in favor? MOTION CARRIED: All ayes. ITEM NO.4: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY WEST PINE DEVEL09PMENT —BETWEEN W. PINE ST. & W. BROADWAY AVE. EAST OF W. FOURTH ST: MacCoy: At this moment since we have already heard from the staff, unless they want to make a comment at this moment. I guess not. Would the applicant step forward please? We are going to open the public hearing now for this one. BECKY BOWCUTT, BRIGGS ENGINEERING, 1800 W. OVERLAND, BOISE, ID. Bowcutt: Please incorporate my previous statements and testimony into the record on the preliminary plat application also. MacCoy: Any comments for Becky before she sits down? De Weerd: No. MacCoy: I'll ask the question, we have an open public hearing now, so is anybody here that wants to speak in favor of this portion of the same project? Seeing none. Is there anybody here who would like to have a protest on this project? Seeing none. I will give it back to the commissioners. De Weerd: Mr. Chairman, I move that we close the public hearing Mayor ROBERT D. CORRIE C'ol!n l � CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: -r HUB OF TREASURE VALLEY 4ft A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 To: Planning & Zoning Commission/Mayor and City Council From: Bruce Freckleton, Assistant to City En ineer Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 December 21, 1998 Re: Request for Preliminary Plat in an R-15 Zone with Conditional Use Permit for Seabury Subdivision by West Pine Development — 20 Units on 1.4832 Acres We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1 • Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for review by the Meridian City Attorney. 5. Provide 5' wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 6. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. Seabury Sub.CUP-PP.doc Mayor, Council and P&Z December 21, 1998 • Page 2 7• Coordinate fire hydrant placement with the City o f Meridian's Water Works Superintendent. 8• Indicate on the final plat ma and detail plans for reducing or any liminat g Flood bo Plains affecting the area being platted, boundary 9 Respond in writing, to the each of the comments contained in this P-111 Friday, January 8, 1999. Submit ten copies of the revised Preliminary by 5:00 the City Clerk's Office a minimum of one week prior to the hearing b the Plat Map to Council. Y Meridian City SITE SPECIFIC COMMENTS 1 Sanitary sewer service to this site will be via an extension of the exist' the west of the proposed development. A mg main adjacent to sewer mains to and through this Proposed Applicant will n responsible to construct the coordinate main sizingP Posed development. Subdivision designer to 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 an extension of the existing rn west of the proposed development. Applicant will be responsible to onstruain jct the to the mains to and through this proposed development. Subdivision designer to co water main sizing and routing with the Public Works Department. ordinate 3. Indicate any existing irrigation/drainage ditch easements on the relim' 4• one -hundred -fifty -watt, high-pressure sodium stre P mart' Plat map. designated by the Public Works Department. ethghts will be required at locations subdivider's expense. Typical locations are at street intersll ections and/or fibre installed at 5• A pressurized irrigation system shall be required wit hydrants. Please indicated whether the pressurized irrigation system within this development Proposed development. be owned and maintained by the homeowners association or the Nampa & Me is to Irrigation District. If the system is to be private a Meridian reviewed by the Public Works Department as Pis and specifications shall be of the developm Process. A draft copy of the pressurized irrigation sstem O&M ent plan review submitted prior to plan approval. The City of Meridian requires thatuaust be irrigation systems be supplied by a year round source of water. If a creek or w is not available, a single point connection to the culinary Pressurized ce ell source If a single point connection is utilized, the developer shall be responsible forshalbe the required. of assessments for the common areas prior to signature on the final plat b the payment City Engineer. Y Meridian 6. Six -foot -high, permanent perimeter fencing is required to be in lacer' building permits unless specifically waived in writing by the City P&Z Ad oho obtaining strator. Seabury Sub.CUP-PPA c Mayor, Council and P&Z • December 21, 1998 Page 3 0 7. Applicant is proposing that the driveways for the development serve as the turnaround on this dead-end section of Idaho Street. Coordinate with the Meridian Fire Department and Ada County Highway District and provide letters of approval for this configuration. 8• Wheel blocks will need to be provided where parking spaces meet (center parking lots). 9• The driveway widths shown are less than the 25' width required by Ordinance; however, staff felt it more desirable that the four -foot -wide planting strips be provided at the property lines. If driveways are left as shown, they appear to conflict with the location of the parking stalls. 10. City Ordinance states that uses in the R-15 zone should have direct access to an arterial or collector and be located adjacent to a park or open space corridor. A portion of this development has direct access to Pine Street, and a small area is available for open space within the development. 11. Provide detailed landscaping plans for approval prior to obtaining building permit. 12. Screened trash enclosures are to be provided within this development. Coordinate placement with Meridian Sanitary Services, Inc. 13. Existing and proposed utilities are not shown on the conditional use permit site plan. 14. Applicant is to provide documentation on one-time split to ensure out -parcel is a legal lot; otherwise, include the out -parcel as part of the preliminary plat. Seabury Sub.CUP-PP.doc BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR) PRELIMINARY PLAT FOR SEABURY ) SUBDIVISION BY WEST PINE ) DEVELOPMENT - BETWEEN W. PINE ST.) & W. BROADWAY AVE. EAST OF W. ) FOURTH ST. ) INTRODUCTION RECEIVED FEG 1 1 1999 ('itv Of Meridian City Clark Office RECOMMENDATION TO CITY COUNCIL I. The property is approximately 1.4832 acres in size. The property is generally located between West Pine Street and West Broadway Avenue, east of West Fourth Street. 2. The owner of record of the subject property is Chet Pipkin of 915 North Cole Road, Boise, Idaho. 3. The Applicant is Briggs Engineering, Inc. of 1800 West Overland Road, Boise, Idaho. 4. The subject property is currently zoned (R-15), Medium High Density Residential and contains one existing single-family dwelling. 5. The proposed site is surrounded by a park and residential development. The site is north of Broadway Ave., and south of West Pine Ave. RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT - WEST PINE DEVELOPMENT SEABURY SUBDIVISION 6. The subject property is within the city limits of the City of Meridian. 7. 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. 8. The Applicant proposes to develop the subject property in the following manner: Subdivide the proposed site into six (6) lots with a multi -family development consisting of one (1) existing single-family dwelling, one (1) tri-plex, and four (4) four-plexes, for a total of twenty (20) dwelling units. 9. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT - WEST PINE DEVELOPMENT SEABURY SUBDIVISION 0 0 Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-5 17. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. 1.4 Submit copy of proposed restrictive covenants and/or deed restrictions for review by the Meridian City Attorney. 1.5 Provide 5' wide sidewalks in accordance with City Ordinance Section 1 1-9-606.B. 1.6 Submit letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 1.7 Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 1.8 Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 1.9 Sanitary sewer service to this site will be via an extension of the existing main adjacent to the west of the 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 RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT - WEST PINE DEVELOPMENT SEABURY SUBDIVISION • 0 centerline. 1.10 Water service to this site will be via an extension of the existing main adjacent to the west of the proposed development. 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. 1.11 Indicate any existing irrigation/drainage ditch easements on the preliminary plat map. 1.12 One -hundred -fifty -watt, high-pressure sodium streetlights 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. 1.13 A pressurized irrigation system shall be required within the proposed development. Applicant shall indicate whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa &_ Meridian Irrigation District. If the system is to be private, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year round source of water. If a creek or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 1.14 Six -foot -high, permanent perimeter fencing is required to be in place prior to obtaining building permits unless specifically waived in writing by the City P&Z Administrator. RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT - WEST PINE DEVELOPMENT SEABURY SUBDIVISION 0 0 1. 15 Applicant is proposing that the driveways for the development serve as the turnaround on this dead-end section of Idaho Street. Coordinate with the Meridian Fire Department and Ada County Highway District and provide letters of approval for this configuration. 1.16 Wheel blocks will need to be provided where parking spaces meet (center parking lots). 1.17 The driveway widths shown are less than the 25' width required by Ordinance; however, staff felt it more desirable that the four -foot -wide planting strips be provided at the property lines. If driveways are left as shown, they appear to conflict with the location of the parking stalls. 1.18 City Ordinance states that uses in the R- 15 zone should have direct access to an arterial or collector and be located adjacent to a park, or open space corridor. A portion of this development has direct access to Pine Street, and a small area is available for open space within the development. 1.19 Provide detailed landscaping plans for approval prior to obtaining building permit. 1.20 Screened trash enclosures are to be provided within this development. Coordinate placement with Meridian Sanitary Services, Inc. 1.21 Existing and proposed utilities are not shown on the conditional use permit site plan. 1.22 Applicant shall provide documentation on one-time split to ensure out - parcel is a legal lot; otherwise, include the out -parcel as part of the preliminary plat. Adopt the Meridian City Fire Department's Recommendation as follows: 1.23 The Meridian City Fire Department requires that all fire codes be met. RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT - WEST PINE DEVELOPMENT SEABURY SUBDIVISION • 0 Adopt the Nampa & Meridian Irrigation District's Recommendations as follows: 1.24 All laterals and drains within the subject property are private and must be protected. 1.25 All storm drainage must be retained on site. Adopt the Ada County Highway District's Recommendations as follows: 1.26 The two existing curb cut driveways on Pine Avenue which are located: • 10 -feet east of the west property line. • Abutting the east property line. are approved with this application. Reconstruct the driveways as 16 to 20 -foot wide curb return driveways with 15 -foot curb radii. 1.27 Provide a recorded cross access easement for the parcel to the east to use this parcel for access to the public streets prior to final plat approval. 1.28 Constructed driveways on the future extension of Idaho Avenue as 16 to 20 -foot wide curb cut driveways, located a minimum of 5 -feet from the property lines. Coordinate the location of the driveways on Idaho Avenue with District staff. 1.29 Extend Idaho Avenue as a 37 -foot Street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 1.30 Provide a paved temporary turnaround at the end of Idaho Avenue with a temporary easement provided to the District. Coordinate the turnaround with District Staff. 1.31 Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement widening to one half of a 37 -foot street section on Broadway Avenue abutting the parcel (approximately 60 -feet) prior to District approval of a final plat. RECOMMENDATION TO CITY COUNCIL - 6 PRELIMINARY PLAT - WEST PINE DEVELOPMENT SEABURY SUBDIVISION • • 1.32 Pave all the driveways their full width and at least 20 -feet beyond the edge of pavement of Pine Avenue and Idaho Avenue. 1.33 No driveways are proposed on Broadway Avenue and none are approved with this application. 1.34 As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 1.35 Other than the access points specifically approved with this application, direct lot or parcel access to Pine Avenue is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 1.36 The following existing street names shall appear on the plat: "W. Pine Avenue", "W. Broadway Avenue", and "W. Idaho Avenue". Adopt the Meridian Water Department's recommendations as follows: 1.37 If the property to the east of the subject development has the same owner, it is recommended that the water main be tied in to the existing main on the east side of the field, thereby eliminating any dead end water lines. Adopt the Central District Health Department's recommendations as follows: 1.38 The Applicant obtain written approval for the central sewage and central water prior to the approval of the Conditional Use Permit. 1.39 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.40 Run-off is not to create a mosquito breeding problem. RECOMMENDATION TO CITY COUNCIL - 7 PRELIMINARY PLAT - WEST PINE DEVELOPMENT SEABURY SUBDIVISION 1.41 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water. 1.42 The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system to prevent groundwater and surfacewater degradation. The Planning and Zoning Commission further advises: 1.43 The Applicant submit evidence of availability of providing pressurized irrigation. Z.\Work\M\Meridian 15360M\Seabury Subdivision\PP.mc RECOMMENDATION TO CITY COUNCIL - 8 PRELIMINARY PLAT - WEST PINE DEVELOPMENT SEABURY SUBDIVISION LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-103 REQUEST: PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY: WEST PINE DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway, W. of West Fourth Street TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT YPOLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES 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) IDAHO TRANSPORT AT N PARTMENT ADA COUNTY (AN 10 2 ^ YOUR CONCISE REMARKS: 0 0 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 836�CE ,� RON ANDERSON Phone (208) 888-4433 - Fax (208) 8 KEITH BIRD DEC 03 19g8 City of Meridian City Clerk Office LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-103 REQUEST: PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY: WEST PINE DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway, W. of West Fourth Street TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT YPOLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES 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) IDAHO TRANSPORT AT N PARTMENT ADA COUNTY (AN 10 2 ^ YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY 0 Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 T� ! + (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887 4613FJvE iJIIIANNING AND ZONING J DEPARTMENT KEITH BIRD DEC 0 9 1998 (208) 884-5533 City of Meridian City Clerk Office 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: January 5, 1999 TRANSMITTAL DATE: December 2, 1998 HEARING DATE: January 12, 1999 FILE NUMBER: PP -98-103 REQUEST: PRELIMINARY PLAT FOR SEABURY SUBDIVISION BY: WEST PINE DEVELOPMENT LOCATION OF PROPERTY OR PROJECT: Between W. Pine & W. Broadway, W. of West Fourth Street TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C ROUNTREE, C/C CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) _CHARLIE _KEITH BIRD, C/C _GLENN BENTLEY, C/C DEPARTMENT U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) _WATER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _SEWER BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) FIRE DEPARTMENT DEPARTMENT YOUR CONCISE REMARKS: / O _POLICE _CITY ATTORNEY ENGINEER _CITY _CITY PLANNER CITY FILES 1 E No ml MINE ...,■..,..,■ NINE ■■1!. L SUPERINTENDENT Christine H. Donnell December 7, 1998 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: • REcEly D CITY OF MERIDIAN Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Seabury Subdivision Elementary School: Meridian Elementary Middle School: Meridian Middle School High School: Meridian High School Comments and/or Recommendations: Meridian Elementary School is over capacity. Eagle Middle School is over capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is over capacity. BOARD OF TRUSTEES Rex Harrison • Wally Hedrick • Holly Houfburg • David Wynkoop • Steve Mann ]RECHWED JAN 0 61996 efff O NO PLANIMING jo- SUSAN S. EASTLAKE, President l f p1q GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary December 31, 1998 REcErvED ' JAN 12 1,999 TO: West Pine Development City of Meridian 11321 W. Hickory Bark Drive City Clerk Office Boise, ID 83713 FROM: Karen Gallagher, Development Coordinator 7t Planning & Development Division SUBJECT: Preliminary Plat-Seabury/MCUP98-101 W. Pine/W. Broadway/ W. of West 4th On December 30, 1998, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are 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, together with payment of plan review fee. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 * FAX (208) 345-7650 • E-mail: tellus@achd.ada.id.us ADAOUNTY HIGHWAY DPRICT Planning and Development Division Development Application Report Preliminary Plat - Seabury Subdivision/MCUP-98-101 Pine Ave/Broadway Ave Seabury is a 6 -lot residential subdivision on 1.4 -acres. The applicant is also requesting a conditional use approval for one triplex and four 4-plex units. The site is located on the south side of Pine Avenue, approximately 800 -feet west of 4th Street in Meridian. This development is estimated to generate 150 additional (160 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Pine Avenue Broadway Avenue ACHD Commission Date - December 30, 1998 - 12:00 p.m. I E r r F- Ih).Fz IDAH E—��� 320-AD-1aA: �-i— R.0 o � �2 o M L; LU Z� :FSAUKLIN� KIN I •�... �.�.wr. w -.� no. .w w/.du ia, tmluxat "R'e 'aiH 'tact tt trort� rn e NOISL iaans xxnam p IS .f • ISI ee • 0 s;a�e}izi Lgem •�y�L L W • 4S t.�R It;�p. B a ��; •lio.^. — '/.7 11Z.C'1 i do .3•, -r- .._.._.._.._.._.._.._.._.._.• 14 NLYl10/ 'M /O 7M1 M/tl 9 ew 111 i p[ue� I------------- , I 1 ----- ----- , I I .y Y e tl • • < 1e Iti �, •J�i. y ..I I �I �•�•• 1 ' -- ql .a of I W a i 0 I 1 I Facts and Findings: A. General Information Owner - West Pine Development/Ron Walsh and Chet Pipkin Applicant - Dean Briggs/Becky Bowcutt R-15 - Existing zoning 1.4 - Acres 6 - Proposed building lots 20 - Proposed dwelling units n/a - Square feet of existing building 130 - Total lineal feet of proposed public streets (Idaho Avenue extension) 271 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Pine Avenue Collector with bike lane designation Traffic count 6,748 on 5-14-96 135 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) No additional right-of-way required Pine Avenue is improved with a 47 -foot street section with curb, gutter and sidewalk. Idaho Avenue Local street with no pathway designation No traffic count available 60 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) 50 -feet of right-of-way required for its extension Idaho Avenue has not been extended to the site. The applicant is proposing to extend Idaho Avenue into the site. To the west of the site, Idaho Avenue is improved as a 37 -foot street section with curb, gutter, and 5 -foot wide concrete sidewalk. Broadway Avenue Local street with no pathway designation No traffic count available 60 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) No additional right-of-way required Broadway Avenue is improved with 22 -feet of pavement with no curb gutter or sidewalk. SEABRY.CM Page 2 tilit street cuts in new pavement less than five years old are n280aallowed (with file numbers) forapproved unless in B. U Y writing by the District. Contact Construction Services at 387 6 details. two existing curb cut driveways on Pine Avenue which are located: C. The applicant has • 10 -feet east of the west property line. • Abutting the east property line. drive There is approximately 75 -feet of separation between the s two 'driveways. existing g drivewayseand eways on the south side of the road that are within 50 feet of thisting driveways on the north side of the road that are with dwellingf on the site.the site's xDistric policyys The eastern driveway serves the existing single family requires that driveways on Pine Avenue be locaThetsite's p nroposed driveways do not meet or offset 125 -feet from existing/proposed driveways on Pine Avenue. District policy. Staff recommends a variance for the location of both of the existing driveways if the applicant ways with 15_fOot curb reconstructs the driveways as 16 to 20 -foot wide curb return drive driveways and utilize oneadii. Normally staff would recommend that the applicant combine ets a combined driveway on Pine driveway on Pine Avenue, but the existing garage Pof Avenue, also due to insufficient frontage and the amount findpolicy.eq nThe existing driveway driveways, the site coot locate a driveway in compliance with Di could be shared with the parcel to the east when it redevelops. D. District policy states that direct access to arterials and collectors is normith ally strict restricted policy the at the the developer shall try to use combined access a recorded points. Inacc i ss accordance sement for the parcel to the applicant should be required to provide ermit (or east to use this parcel for access to the public streets i e prior similar agre agreto issuance of a ementof dthe owner of the other required permits). The District intends to q 16 parcel to the east if they are the subject of a future development application. on the future extension of Idaho Avenue should be con ch nets C000rdinate°the wide E. Driveways curb cut driveways and located a minimum of 5 -feet from the property location of the driveways on Idaho Avenue with District staff. stern boundary. Staff recommends that the F. The applicant is proposing to extend Idaho Avenue e into the site. Idaho Avenue has been constructed as a 37 -foot street section to the sites applicant be required to extend Idaho Avenue ri ht -of --way. The applicant should provide a et ofa 37 -foot street section with curb, gutter, and 5 -foot wide concrete sidewalks within 50 fe g easement provided to paved temporary turnaround at the end of Idaho Avenue with a temporary the District. Coordinate the turnaround with District Staff. walk G. District policy requires the applicant to construct curb, gutter and 5 -foot wide concrete side and pavement widening to one half of a 37 -foot street royal of a final platy Avenue abutting section on a p prior to District app the parcel (approximately 60 -feet) p SEABRY.CM Page 3 0 • H. The applicant is not proposing any driveways on Broadway Avenue. I Graveled driveways abutting public streets create maintenance problems due to gravel bein tracked onto the roadway. In accordance with past action by the District the a Lica g be required to pave all the driveways their full width and at least 20 -feet beyond the edge ofd pavement of Pine Avenue and Idaho Avenue. 1 As required by District policy, restrictions on the width, number and locations of drivewa s, may be placed on future development of this parcel. y K. 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 Site Specific Requirements and Standard Requirements must be met or rovided for prior to ACHD approval of the final plat: p Site Specific Requirements: The two existing curb cut driveways on Pine Avenue which are located: • 10 -feet east of the west property line. • Abutting the east property line. are approved with this application. Reconstruct the driveways as 16 to 20 -foot wide curb return driveways with 15 -foot curb radii. 2• Provide a recorded cross access easement for the parcel to the east to use this parcel for access to the public streets prior to final plat approval. Constructed driveways on the future extension of Idaho Avenue as 16 to 20 -foot wide curb cut driveways, located a minimum of 5 -feet from the property lines. Coordinate the location of the driveways on Idaho Avenue with District staff. 4. Extend Idaho Avenue as a 37 -foot street section with curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 5. Provide a paved temporary turnaround at the end of Idaho Avenue with a temporary easement provided to the District. Coordinate the turnaround with District Staff. 6. Construct curb, gutter and 5 -foot wide concrete sidewalk and pavement widening to one of a 37 -foot street section on Broadway Avenue abutting the parcel (approximately 60 -feet) prior to District approval of a final plat. SEABRY.CM Page 4 7• Pave all the driveways their full width and at least 20 -feet beyond the edge of pavement of Pine Avenue and Idaho Avenue. As required by District policy, 8• No driveways are proposed on Broadway Avenue and none are approved with this application. 9 restrictions on the width n shall be placed on future development of this parcel. umber and locations of driveways, 10. Other than the access points specifically a pproved with this application, direct lot or parcelq access to Pine Avenue is prohibited. Lot access restrictions, as re uired with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or shall be made in writing to the ACHD Plannin shaall snecifi ally idenr;f�. policy outlined herein F L -uiremP„t t„ gd Development Supervisor. ThP ACNDC'ommi� dQ Those items shall be rescheduled for disc Commission on the next available meeting agenda. ussion with the Requests submitted to the District after 9:00 a.m. on the day schedule do not provide sufficient time for District staff to remove the item fro report to the Commission regarding the requested d for Commission action items will be acted on by the Commission unless modifiication, variance or waiver. Thom the co sent se and removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration shall be made in writing to the Planning and Development Supervisor e action and shall include a minimum fee of $110. is the Commission's action within two weeks of the specifically identify � 00. Th�reaue�_for reconc;�P,- , aCh rPn�,-A , data that ,,— . On.g1dPrarl A , for reconsideration will b heard by the District Commission at the gillal derision, next Commission. If the Commission agrees to reconsider the The request of the date and time of the Commission meetingat v, action, the applicant will be notifiedng of which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to build ing constru accordance with Ordinance #188, also known as Ada County Highway D Scion itrin Fee Ordinance. Road Impact 4. All design and construction shall be in accordance with the Ada C Policy Manual, ISPWC Standards and approved supplements, Constru t on Ser i District procedures and all applicable ACHD Ordinances unless specifically waived herein.ces e °f 5• The applicant shall submit revised plans for staff approval, prior to i (or other required permits), which incorporates any required design changes. building permit SEABRY.CM Page 5 R 7 0 • 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. No change in the terms and conditions of this approval shall be valid and an authorized ting and signed by the applicant or the applicants authorized representative 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. 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 forceintent t the change he planned uselicant rits of the subject in interest advises the Highway District of its in 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 d pedestrian transportation system within the vicinity undue burden on the existing vehicular an impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. SEABRY.CM Page 6 0 200 E. Carlton St., Suite 100 Meridian, Idaho 83642 Phone: (208) 887-2211 Fax: (208) 887-1297 Fax To: Becky Bowcutt — Engineering From: Bruce Freckleton Fan: 345-2950 Dates January 4, 1999 Phone: 344-9700 Pages: Four w/ Cover Re: SEABURY SUBDIVISION CC: File ❑ Urgent ❑ For Review ❑ Please Comment X Please Reply ❑ As Requested *Comments: Attached you will find staffs comments for the above mentioned project. Thanks From the desk of. Bruce A. Freckleton Assistant to the City Engineer Meridian Public Works Department 200 E. Carlton St., Suite 100 Meridian, Idaho 83642-2600 (208) 887-2211 Fax: (208) 887-1297 SUAIVISION EVALUATION MEET RECEIVED DEC 14 1998 City Meridianr;t�.��ridian Proposed Development Name SEA" 11v City Clerk Office Date Reviewed 12/10/98 Preliminary Stage = Final Engineer/Developer. . Brig s En 3r. / West Pine Develo ment The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction o the Ada NamOrdinance. County Engineer) regarding this development in accordance with the Boise City Street The followin existin street names shall appear on the lat. "W. PINE AVENUE" "W. BROADWAY AVENUE" "W. IDAHO AVENUE" There are no new ro osed street names on this lat. The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET desi designee order for the stAeet LL of signatures the o be offic ally be secured by the representative or h 9 approved. ADA COUNTY STREET NAME DESIGNEES Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley 4 Representative Representative TATIVES OR Date Id Date ' /G 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 ndexe the 3N plat '112 of be signedSection Subindex / NUMBERING OF LOTS AND BLOCKS TR\SUBS\SM_CITY.FRM /1 we •Z // Q/� it CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT C= cq:w DISTRICT Environmental Health Division Return to: o Boise DEPARTMENT ❑ Eagle Garden City Rezone # © Meridian Conditional Use # s��a�`� ❑ Kuna ❑ ACZ Preliminary Final / Short Plat OF 1. We have No Objections to this Proposal.. C 1 2. We recommend Denial of this Proposal. CITY OF WRIDW 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 ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ® g, After written approval from appropriate entities are submitted, we can approve this proposal for: Z central sewage E] community sewage communi system E] community water well g y ❑ interim sewage t5' 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: s stem ❑community water Ig central sewage Elcommuni �' sewage �S y ❑ sewage dry lines AK central water 10. Run-off is not to create a mosquito breeding problem. I I . This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas C]child care center ❑ beverage establishment ❑ grocery store 14. 4 T2619,01-512e`idl 17-49#S Date: Reviewed By: 011--e-LEW CA o�� Review Sheet CDHO 10191 rrb, rev. 7197 '—RZ-ACENTRAL 06 DISTRICT HEALTHMAIN OFFICE - 707 N. ARMSTRONG PL. • BOISE. ID 83704-0825 , (208) 375.5211 • FAX 321-8500 DEPARTMENT To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. MANAGEMENT RECOMMENDATIONS We recommend that stormwater be pretreated through a grassy s alfa ele rwateior � discharge to the subsurface to prevent impact to groundwatehe r and design of this project quality. The engineers and architects involvedwith fortstormwater disposal and____, should obtain current best management practices design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1 State Of Idaho Catalog Of Stormwater Best Management Practices or Idaho Cities And Counties. Prepared by � the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Stormwater 3/98:dly Ado / Boise County Office 707 N. Armsrcng Pl. Boise, ID 83704 Enwro. Health: 327-7499 Family Plcnning: 327-7400 immunizations: 327-7450 Serio Nlutntien: 327-7460 PAC327.7488 FAX 327-85CO Serving Valley, Elmore, Boise, and Ada Counties Elmore County Office Ado -WIC Satellite Office 520 E. 8th Street N. 1606 Roberts Mountain Home, 10 83647 Boise, ID 83705 Enviro. Heclth: 587-9225 Ph. 334-3355 Fomily Heolth: 587-4407 FAX: 334-33552P WIC: 587-4409 - ® FAX 587-3521 volley County Office 703 N. 1st Street P.O. Box 1448 tvlcCcll, ID. 83638 Ph. 634-7194 FAX: 634-2174 December 1998 Will Berg, City Clerk City of Meridian Meridixi 83642 E 1 V' 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: preL'minary Plat for Seabury Subdivision - West Pine Development Dear Commissioners: All laterals and drains within this project are private and must be protected. All storm drainage must be retained on site. If you have further questions in regard to this project, please feel free to contact me. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES. RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 sA�r� �✓Er✓�rs DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PALM ESTATES SUBDIVISION THIS DECLARATION, made on the date hereinafter set forth by IMBS - MONTEE AN IDAHO GENERAL PARTNERSHIP., hereinafter referred to as "Declarant". WITNESSETH:1 WHEREAS, Declarant is the owner of certain property in the City of Nampa, County of Canyon, State of Idaho, which is more particularly described in EXHIBIT "A" attached hereto. SUBJECT TO: All easements and road rights-of-way of record on the above described parcel of land. NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which v value and desirability of, and are for the purpose of protecting the which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to g the benefit of each owner thereof. ARTICLE I DEFINITIONS Whenever used in this declaration, the following terms shall have the following meanings: coctiD 1. "Association" shall mean THE PALM ESTATES HOMEOWNERS corporation organized under the laws of ASSOCIATION, INC., a nonprofit the State of Idaho, its successors and assigns. o�t;on 2. "Said Property" or the "Property" or the "Project" a.refer to that certain real property hereinbefore shall mean and described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. caLti n 3. "Common Area" shall mean all real property, and or hereafter owned by the Association for the appurtenances thereto, now he Members of the Association. The Common common use and enjoyment of t ation upon its incorporation is described Area to be owned by the Associ as follows: Lot 1 of Palm Estates Subdivision 11 Section 4 "Limited Common Area" means that portion of the particular Lots as those terms are herein defined and as set forth in Article III, Section 3. Section 5. "Lot" shall mean and refer to every legal subdivision lot of Juniper Subdivision (according to the official plat thereof) with the exception of the Common Area. Section 6. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 7. "Owner" shall mean and refer to the record owner of a fee simple title to any such Lot (including contract sellers), whether one or more persons or entities, excluding those having such interest merely as security for the performance of any obligation. Section 8. "Building Site" shall mean and refer to a Lot, exclusive of Setbacks and utility easements. Section 9. "Setback" means the minimum distance between the dwelling unit or other structures referred to and a given street, road or lot line, all of which shall be in accordance with the applicable zoning regulation of the City of Boise. Section 10. "Mortgage" shall mean and refer to any mortgage or deed of trust, and "Mortgagee" shall refer to the mortgagee or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor or grantor of a deed of trust. ARTICLE II Section 1. Every Owner of a Lot which is subject to assessment shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: M ass A. The Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B members shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes in Class B membership, or (b) on December 31, 1996 ARTICLE III The Palm Estates, Conditions and Restrictions Pg•2 PROPERTY RIGHTS Section 1. Common Property Ownership. Subject to the rights of individual Owners regarding Limited Common Area, the Common Area shall be owned by the Association. Section 2. Member's Easements of Enjoyment to Common Area Every Member of the Association shall have a right and easement of enjoyment in and to the Common Areas, and such easement shall be appurtenant to and shall pass with the title to every assessed Lot, subject to the following provisions: (a) The right of the Association to limit the number of Members permitted to use a particular part of the Common Areas at any one time. (b) The right of the Association to suspend any Member's voting rights and/or right to use any of the recreational facilities owned by the Association, for any period during which any assessments against said Member's property remains unpaid, and for a period not to exceed thirty (30) days for each infraction of its published rules and regulations. (c) The right of the Association to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such condition or transfer shall be effective unless an instrument signed by Members entitled to cast two- thirds (2/3) of the votes of the membership has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed actions is sent to every Member not less than thirty (30) days nor more ninety (90) days prior to such dedication or transfer. (d) The right of the Directors of the Association to promulgate reasonable rules and regulations governing such rights to of use, from time to time, in the interest of securing maximum safe usage of such Common Areas by the Members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of Said Property, including, without being limited thereto, rules restricting persons under or over designated ages from using certain portions of Said Property during certain times, and reasonable regulations and restrictions regarding parking. Section 3. Limited coMMon _Areas. There are hereby created Limited Common Areas which are reserved for the exclusive use of the Owners of Lots to which they relate and are assigned, and in connection therewith there is hereby granted and reserved for the use and benefit of the Owners of the Lots to which said Limited Common Areas related an exclusive easement for the use and benefit of said Limited Common Areas. The Limited Common Areas are an 8' x 12' patio area on lots at the rear of units where required; to be determined by the board of directors. Section 4. Delegation of Use. Any Member may delegate, in accordance with the rules and regulations adopted from time to time by the directors, his right or enjoyment to the Common Areas and facilities to the members of his family, his tenants or contract purchasers, providing they reside on the Property. The Palm Estates, Conditions and Restrictions Pg.3 Section --'i Reciprocal Easement.- Each and every Owner purchasing a Lot with the subdivision is purchasing it with the full understanding that each Lot is subject to certain reciprocal easements which are appurtenant thereto. Each Owner by purchase of a Lot within the subdivision agrees that they shall be subject to the following reciprocal easements: (a) An easement for drainage is hereby declared to exist on each Lot for the benefit of the adjoining Lot(s); provided, that the Owner installing any drainage pipe, conduit or other facility shall pay for any and all such improvements and cause the Property upon which the improvements are located to be restored to their original state at the sole cost of the Owner employing the use of the reciprocal easement. ing (b) Each Lot shall ]ect to the Said the Property munderldthe Setback requirements as applicable to ordinances of the City of Nampa. (c) All Lots within the subject Property, including but not limited to, the Lots in the Common Area, shall be subject to a general utility and sanitary sewer easement, which shall include, but not be limited to, access for ingress and egress for maintenance or repair by the utility provider. (d) All Lots shall be subject to a permanent public utility, irrigation, drainage and access easement which shall be for ingress and egress for installation, maintenance and repair for any public utility, irrigation district, drainage district, or any other utility providing utilities and/or having an easement in, to and through the said subdivision, except within the area of foundation for residences. Such easements shall have a minimum width of ten feet. Within these easements no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the public utilities, irrigation or drainage. ARTICLE IV Section 1. Creation of the Lien and Personal Obligation Asse3sment_o_ The Declarant and the Association hereby covenant for all of Said Property; and each owner of any lot by acceptance of a deed or contract or purchase therefor, whether or not it shall be expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association: (a) regular annual assessments or charges, and (b) special assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the Property against which such assessment is made. Each such assessment, together with such interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Property at the time such assessment was levied. The obligation shall remain a lien on the Property until paid or foreclosed, but shall not be a personal obligation of successors in title unless expressly assumed by them. The Palm Estates, Conditions and Restrictions Pg.4 Section Purpose of Assessments, The assessments levied by the Association shall not be used for any purpose other than promoting the economic interest, recreation, health, safety and welfare of the residents in Said Property and, in particular, for the improvement and maintenance of Said Property, any Common Area or Limited Common Area, all improvements constructed thereon, fencing along the exterior and within the interior of the Project, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area or Limited Common Area, and including without being limited thereto, the payment of taxes (on Common Area only), and the provision of insurance on all or any part of Said Property, including insurance on individual Lots and Improvements, including fire and general casualty, liability and directors and officer insurance, and for exterior maintenance of all structures built on the Lots. The Association shall also establish and maintain a reserve account as provided in Section 11 of this Article, and any Assessment may include a sum for such reserve. Subject to the above provision, the Association shall determine the use of assessment proceeds. Section 3. Initial_ Annual Assessment: Subsequent Limitations- The initial annual assessment shall be established by the board of directors of the Association, based upon the budget of the Association adopted by the board. The initial budget shall be for the calendar 1993. (a) From and after January 1, 1995, the annual assessment may be increased each year by not more than twenty percent (20%) above the annual assessment for the previous year without a vote of the membership, at a meeting called for such purpose. (b) The board of directors may levy, in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including extraordinary expenses incurred by the Association; provided that, in the event special assessments exceed in the aggregate five percent (5%) of the budgeted.gross expenses of the Association for the fiscal year, the vote or written consent of a majority of the voting power of the Association residing in Members shall be required to approve such assessments at a meeting called for such purpose. Special assessments shall be levied on the same basis as regular assessments. Section 4. Uniform Rate of Assessment_ Both regular assessments and any special assessments must be fixed at a uniform rate for all Lots, and may be collected on an annual, quarterly, or monthly basis in the discretion of the board of directors of the Association; except, that assessments may be levied applicable to some Lots only, with prior consent by the Owners of such Lots, if such procedure is considered equitable in the discretion of the board in order to construct facilities to be available only to the Members desiring to pay for the cost thereof. In establishing that all assessments shall be equal, it is acknowledged that all assessments shall be equal, it is acknowledged that the dwelling units may be of different sizes and that the actual cost of exterior maintenance may vary. However, such assessments shall be equal for all Lots unless this declaration be amended to provide otherwise. Notwithstanding the foregoing provisions, no assessment shall be payable by or assessed against any Lot upon which a dwelling structure has not been constructed. Section b_ Quorum for Any Action Authorized nd r Section 3. At any meeting called, as provided in Section 3 hereof, the presence at the The Palm Estates, Conditions and Restrictions Pg.S meeting of Members or of proxies to cast fifty-one percent (51%) of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Section 3 and the required quorum at such subsequent meeting. No such subsequent meeting shall be held more than sixty (60) days following the date of the meeting at which no quorum was forthcoming. Section 6. Date of Commencement of Annual Assessments; Due Da Except as provided in Section 9 of this Article IV, all Lots upon which buildings have been constructed shall be subject to the annual or monthly assessments provided for herein on the first day of the month following the issuance of a certificate of occupancy permit by the City of Boise for the particular unit on the Lot. No assessment shall be levied against or payable by any Lot on which no dwelling has been constructed. The board of directors shall fix the amount of the regular assessment at least thirty (30)' days in advance of each assessment period (provided that the assessment for calendar year 1995 may be fixed, and notice thereof given, at a later day, effective for the full calendar year). Written notice of the assessment dates shall be established by the board of directors. The Association shall, upon demand at any reasonable time, furnish a certificate in writing signed by an officer of the Association setting forth whether the assessments on a particular Lot have been paid. A reasonable charge may be made by the board for the issuance of these certificates. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 7. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent (12%) per annum. The secretary of the said Association shall file in the office of the County Recorder for Canyon County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any lot on Said Property, and upon payment in full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amount of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement thereof, shall constitute a lien on the whole Lot (including any improvement located thereon), with respect to which it is fixed from the date the lien is filed in the office of said County Recorder for Canyon County, Idaho, until the same has been paid or released as herein provided. Such lien may be enforced by said Association in the manner provided by law with respect to liens upon real property. The Owner of Said Property at the time said assessment is levied shall be personally liable for the expenses, costs and disbursements, including attorney's fees of the Declarant or of the Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expenses, costs, disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and attorney's fees on appeal, and such Owner, at the time such assessment is levied, shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Areas or abandonment of his dwelling unit. Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be inferior, junior and The Palm Estates, Conditions and Restrictions Pg.6 9 subordinate to the lien of all Mortgages now or hereafter placed upon Said Property or any part thereof. The sale or transfer of any Lot or any other part of Said Property shall not affect the assessment lien. However, the sale or transfer of any Lot which is subject to any Mortgage, pursuant to a judgment or decree of foreclosure thereof, shall extinguish the lien of such assessments as to amounts thereof which became due prior to such sale or transfer; and such lien shall attach to the net proceeds of sale, if any, remaining after such Mortgages and other prior liens and charges have been satisfied. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or form the lien thereof. Section 9. Exempt ro ertyThe following Property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties expressly dedicated to and accepted by a local public authority; and (b) any Common Areas. Section 10. Notice to Mortgagees. The Association shall give to the Mortgagee of any recorded Mortgage, which has furnished to the Association its name and current address, written notification of any default by the Mortgagor of performance with respect to such Mortgagor's obligations under this Declaration, By -Laws of the Association or any duly -adopted rules or regulations of the Association, at least twenty (20) days prior to the filing of suit by the Association to enforce those remedies with respect to such default. Section 11, Association Budget, The Association shall prepare an annual budget which shall indicate anticipated management, operating, maintenance, repair and other common expenses for the Association's next fiscal year, and which shall be sufficient to pay all estimated expenses and outlays of the Association for the next calendar year growing out of or in connection with the maintenance and operation of the Common Area improvements, and may include, among other things: the cost of exterior maintenance; management taxes; assessments; irrigation assessments; special assessments; fire, casualty and public liability insurance; common lighting; irrigation; landscaping and care of the grounds; repairs, renovations and paintings to Common Areas; snow removal; wages; water charges; legal and accounting fees; management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; the payment of any deficit remaining from a previous period, and the creation of any reasonable contingency or other reserve or surplus fund, as well as all costs and expenses relating to the Common Area and improvements. As part of the regular annual assessments for maintenance authorized above, the board of directors shall annually fix the amount to be contributed pro rata by each Member to reserve funds for the purpose of defraying, in whole or in part, the cost or estimated cost of any reconstruction, repair or replacement of improvements, including fixtures and personal property related thereto. Such determination shall be make after consideration of the need for additional funds and of the Association's capital position. The board shall maintain a separate account for those funds. The board shall fix the method of payment of such assessments and shall be empowered to permit either lump sum or monthly payments. Separate records shall be maintained for all funds deposited to said account, which shall be designated as reserve account. The initial budget to be adopted by the board pursuant to this Declaration shall be for the calendar year 1995. Thereafter, each budget The Palm Estates, Conditions and Restrictions Pg.7 0 0 shall be for the ensuing calendar year, which shall be the Association's fiscal year. Section 12, Repair, Etc.. If any of the property located in the Common Area and/or improvements located upon other property located within the subdivision owned by the Association is damaged or destroyed, the Members shall, at a special meeting called for that purpose, determine whether to rebuild, repair, restore or otherwise take action with regard to such damage or destruction. A quorum shall be necessary for any such decision, in accordance with the provisions of Sections 3 and 5 hereof, and, further, any such action shall be approved by the affirmative vote of not less than fifty-one percent (51%) of the votes of Members who are voting in person or by proxy at such meeting duly called for this purpose, written notice of which shall be sent to all Members not less than ten (10) days nor more than fifty (50) days in advance of the meeting, unless waived in writing. ARTICLE V Section 1. Approval. No building, fence, wall, hedge, structure, addition, painting, improvement, obstruction, ornament, or planting shall be place upon, added or permitted to remain upon any part of Said Property unless a written request for approval thereof containing the plans and specifications therefor, including exterior color scheme, has been approved, in writing, by the board of directors of the Association. Applications for approval shall be made to the Association's board of directors. In the event said board fails to approve or disapprove such design or location within sixty (60) days after said plans and specifications have been submitted in writing, approval shall not be required and this article will be deemed to have been fully complied with. Section 2. Construction Restrictions Twenty six homes shall have a minimum 1030 sq. ft. building requirement, single level, plus double car garage, and four homes shall have a minimum of 950 sq. ft. two level, plus a single car garage. All homes shall conform to architectural elevations compatible to the project in general. All construction plans, elevations, must conform to FHA/VA and Nampa City specifications and meet architectural committee approval. Said approval or disapproval will be make by the Declarant within sixty (60) days after said plans and specifications have been submitted in writing. ARTICLE VII MISCELLANEOUS A. Enforcement and Non -Waiver: Any lot owner, or homeowner association, whether or not directly affected, shall have the right to enforce, by any proceeding at law or in equity, any violation or threatened violation of a provision of this Declaration. The failure of any person to enforce any covenant or restriction herein contained shall not be deemed a waiver of the rights granted herein. Waiver of one breach does not constitute waiver of any other breach. There can be no waiver of the right to solar access created by this Declaration. B. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other provisions, which shall remain in full force and effect. C. Duration and Applicability to SuccessorsL The Covenants, conditions and restrictions set forth in this Declaration shall be effect perpetually, shall run with the land and shall inure to the The Palm Estates, Conditions and Restrictions Pg.8 benefit of and be binding upon the Declarant and all lot owners in the subdivision and their successors in interest. D. Amendment This Declaration may be amended by the action of the owners of a majority of the lots in the subdivision affected by such amendment provided the amendment does not reduce the amount of solar access protection provided the subdivision and the amendment is approved by the City of Nampa. ARTICLE VIII Section 1. Maintenance of Common Areas. Etc. The Association shall maintain or provide for the maintenance of the Common Areas and Limited Common Areas, including, but not limited to, sanitary sewer, water lines and drainage facilities and lines upon Lots privately owned within the subdivision. Section 2. Interior Maintenance, Each Owner shall be responsible for maintaining and keeping in good order and repair the interior of his own dwelling unit, the deck of the balcony and the surface of patio areas. Section 3. Exterior Maintenance, The Association shall maintain or provide for the maintenance of the exterior of all residence and fences constructed on Lots which shall be a common expense of the Association, excluding, however, door exteriors and windows. Section 4. Tees of Insurance. The Association shall obtain and keep, in full force and effect at all times, the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage, in addition to any insurance coverage required hereunder, in such amounts and in such forms as the Association may deem appropriate from time to time. (a) Casualty Insurance. Each Lot, improvements constructed thereon, and carports, if any, shall at all times be insured for the full replacement thereof in the event of damage or destruction, including fire and extended coverage, which policy or policies shall be purchased by the Association and show the Association, the Owners and Mortgagees as named insureds as their interest may appear. The Association may comply with the above requirements by the purchase of blanket coverage and may elect such "deductible" provisions as, in the Association's opinion, are consistent with good business practice. No individual Owner shall be excused from assessments attributable to such policy for any reason and the existence of such a blanket policy is declared to be in the mutual interests of all Members who are entitled to vote two-thirds (2/3) of all votes of Members who are voting in person or by proxy at a meeting duly called for this purpose. (b) Public Liability and Property Damage Insurance. The Association shall purchase broad form comprehensive liability coverage in such amounts and in such forms as it deems advisable to provide adequate protection. Coverage shall include, without limitation, liability for the personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other use of the Project. The Palm Estates, Conditions and Restrictions Pg.9 (c) Workmen's Compensation and EMployer's Liability Insurance. The Association shall purchase workmen's compensation and employer's liability insurance, and all other similar insurance, in respect of employees of the Association in the amounts and in the forms now or hereafter required by law for any employees of the Association. (d) Fidelity Insurance. The Association shall purchase, in such amounts and in such forms as it shall deem appropriate, coverage against dishonesty of employees, destruction or disappearance of money or securities, and forgery. (e) Other. The Association may obtain insurance against such other risks, of a similar or dissimilar nature as it shall deem appropriate with respect to the Project, including any personal property of the Association located thereon. (f) Form. Casualty insurance shall be carried in a form or forms naming the Association as the insured, as trustee for the Owners, which policy or policies shall specify the interest of each Owner (Owner's name. unit number, the appurtenant undivided interest in the Common Area), and which policy or policies shall provide a standard loss payable clause providing for payments of insurance proceeds to the Association, as trustee for the Owners, and for the respective first Mortgagee which from time to time shall give notice to the Association of such first Mortgagees, such proceeds to be used in accordance with this Declaration. Each policy shall also provide that it cannot be canceled by either the insured or the insurance company until after ten (10) days' prior written notice is first given to each Owner and to each first Mortgagee. The Association shall furnish to each Owner and Declarant a true copy of such policy together with a certificate identifying the interest of the Owner. All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of breach of warranty, act, omission, negligence or noncompliance with any provision of such policy, including payment of the insurance premium applicable to that Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy. All policies of insurance shall provide further that the insurance under any such policy, as to the interest of all other insured Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Public liability and property damage insurance shall name the Association as the insured, as trustee for the Owners and shall protect each Owner against liability for acts of the Association, its agents and employees, in connection with the ownership, operation, maintenance or other use of the Project. (g) Owner's Responsibility. Insurance coverage on the furnishings initially placed in the unit by Declarant, and casualty and public liability insurance coverage within each individual unit, and for activities of the Owner not acting by the Association with respect to the Common Area; insurance coverage against loss from theft on all personal property, and insurance coverage on items of personal property placed in the unit by the Owner, shall be the responsibility of the respective Owners. (h) Insurance Proceeds, The Association shall receive the proceeds of any casualty insurance payments received under policies The Palm Estates, Conditions and Restrictions Pg.10 obtained and maintained pursuant to his article. The Association shall apportion the proceeds to the portions of the proceeds attributable to damage to the Common Area. To the extent that reconstruction is required herein, the proceeds shall be used for such purpose. To the extend that reconstruction in not required herein and there is a determination that the Project shall not be rebuilt, the proceeds shall be distributed to the Owners equally. Each Owner and each Mortgagee shall be bound by the apportionment's of damage and of the insurance proceeds made by the Association pursuant thereto. (i) Owner's Own Ins rancor Notwithstanding the provisions of Section 4 hereof, each Owner may obtain insurance at his own expense providing coverage upon his Lot, his personal property, for his personal liability, and covering such other risks as he may deem appropriate, but each such policy shall provide that it does not diminish the insurance carrier's coverage for liability arising under insurance policies which the Association obtains pursuant to this article. All such insurance shall waive the insurance company's right of subrogation against the Association, the other Owners, and the servants, agents and guests of any of them, if such insurance can be obtained in the normal practice without additional premium charge for the waiver of rights of subrogation. ARTICLE IX Section 1. Affects Title. Title to each Lot is hereby made subject to the terms and conditions hereof, which bind the Declarant and all subsequent Owners, whether or not it be so expressed in the deed by which any Owner acquires his Lot. Section 2. Association as Agent. All of the Owners irrevocably constitute and appoint the Association their true and lawful attorney in fact in their name, place and stead for the purpose of dealing with the Project upon its damage or destruction as hereinafter provided. Acceptance by any grantee of a deed form the Declarant or from any Owner shall constitute such appointment. Section 3. General Authority of Association, As attorney in fact, the Association shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or other instrument with respect to the interest of an Owner which may be necessary or appropriate to exercise the powers herein granted. Repair and reconstruction of improvements as used in the succeeding sections mean restoring the Project to substantially the same condition in which it existed prior to damage, with each dwelling unit and improvements, having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction unless the Owners and all first Mortgagees unanimously agree not to rebuild in accordance with the provisions set forth hereinafter. In the event any Mortgagee should not agree to rebuild, the Association shall have the option to purchase such Mortgage by payment in full of the amount secured thereby if the Owners are in unanimous agreement not to rebuild. The Association shall obtain the funds for such purpose by special assessments under Article IV of the Declaration. The Palm Estates, Conditions and Restrictions Pg.11 Section 4. Estimate of Costs As soon as practicable after an event causing damage to, or destruction of, any part of the Project, the Association shall obtain estimates that it deems reliable and complete of the costs of repair or reconstruction of the part of the Project damaged or destroyed. Section 5. Repair or Reconstruction. As soon as practicable after receiving these estimates, the Association shall diligently pursue to complete the repair or reconstruction of that part of the Project damaged or destroyed. The Association may take all necessary or appropriate action to effect repair or reconstruction, as attorney in fact for the Owners, and no consent to other action by any Owner shall be necessary in connection therewith. Such repair or reconstruction shall be in accordance with the original plans and specification of the Project or may be in accordance with any other plans and specifications the Association may approve, provided that in such latter event the number of cubic feet and the number of square feet of any unit may not vary by more than five percent (5%) from dwelling units as originally constructed pursuant to such original plans and specifications and the location of the buildings shall be substantially the same as prior to damage or destruction. Section 6. Funds for Reconstruction. The proceeds of any insurance collected shall be available to the Association for the purpose of repair or reconstruction. If the proceeds of the insurance are insufficient to pay the estimated or actual cost of such repair or reconstruction, the Association, pursuant to Article IV hereof, may levy in advance a special assessment of repair or reconstruction. Such assessment shall be allocated and collected as provided in that article. further levies may be made in like manner if the amounts collected prove insufficient to complete the repair or reconstruction. Section 7. Disbursement of Funds for Repair or Reconstruction The insurance proceeds held by the Association and the amounts received from the assessments provided for in Article IV constitute a fund for the payment of cost of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for cost of repair or reconstruction shall be made from insurance proceeds; if there is a balance after payment of all costs of repair or reconstruction, such balance shall be distributed to the Owners in proportion to the contributions by each Owner pursuant to the assessments by the Association under Article IV of this Declaration. Section 8. Decision not to Rebuild. If all Owners and all holders of first Mortgages on Lots agree not to rebuild, as provided herein, the Project shall be sold and the proceeds distributed in the same manner herein provided in the event of sale of obsolete units, as set forth in Article IV, Section 4 (h). ARTICLE X PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the real property subject to this Declaration and shall be for the benefit of, and limitation upon, all present and future Owners of Said Property or any interest therein: Section 1. Unless written approval is first obtained from the board of directors, no sign of any kind shall be displayed to public The Palm Estates, Conditions and Restrictions Pg.12 view on any building or Building Site on Said Property except one professional sign of not more than five square feet advertising the for sale or rent, or signs used by "Declarant" or its successors (if such successor acquires all of the remaining Lots owned by Declarant) to advertise the Property during the construction and sales period. If a Property is sold or rented, any sign relating thereto shall be removed immediately except that the Declarant, and only Declarant or its agent, may post a "sold" sign for a reasonable period following a sale. Section 2. No animals, birds, insects or livestock shall be kept on Said Property except domesticated dogs, cats or other common household pets which do not unreasonably bother or constitute a nuisance to others and on such portions of roads and other public ways or easements as may be designed or permitted for such use from time to time by the Association. No dogs or cats in excess of two shall be kept by any residential household within said subdivision, and no animals of any kind shall be bred or kept for commercial purposes. All dogs must be leashed when outside a dwelling unit, and shall not be allowed in the Common Area or kenneled outside the dwelling units. Section 3. No part of Said Property shall be used or maintained as a dumping ground for rubbish, trash, garbage, or any other waste. No garbage, trash or other waste shall be kept or maintained on any part of Said Property except in a sanitary container. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall not be permitted to be in public view. Section 4. No noxious, offensive or unsightly conditions shall be permitted upon any part of Said Property, no shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Section 5. No trailer, camper -truck, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of Said Property. Section 6. Parking of junk cars, or other unsightly vehicles, shall not be allowed on any part of Said Property nor on public ways adjacent thereto. All other parking of equipment shall be prohibited except as approved in writing by the board of directors. Automobiles shall not be parked upon the portions of the Common Area designated as street. Section 7. No Owner shall remove or otherwise alter any plant, tree or any landscaping or improvements in any Common Area without the written consent of the board of directors. Section B. The Owners shall not materially change the color of paint, stain or finish from that initially placed upon the exterior of the improvements placed upon Said Property without first obtaining the approval of the board of directors. Section 9. Each Owner shall at the Owner's sole cost and expense landscape his Lot. The Association shall, after installation of landscaping by each Owner on his Lot, maintain the installed landscaping and the Owner shall have no right to change or modify the landscaping without prior approval of the Association. Section 10. No overhangs, wing walls or other architectural appendages shall encroach or project onto adjoining Lots. The Palm Estates, Conditions and Restrictions Pg.13 Section 11. There shall be no television antenna, ham radio antenna, or other appurtenances or appendages to any dwelling unit except as are approved by the board of directors. Section 12. There shall be no metal storage nor wood storage attachments to any dwelling unit except as approved by the board of directors. Section 13. All dwelling units within the subdivision shall be used solely for residential purposes and shall be occupied by not more than one family unit. The construction of separate principal buildings on any lots is prohibited. Section 14. Adoption of Rules: The Association, through its board of directors, may adopt reasonable rules not inconsistent with this Declaration relating to the use of the Common Area and all facilities thereon, and the conduct of owners and their tenants and guests with respect to the Property and other Owners. Section 15. Use of Recreational Facilities in the Common Area: The Association shall have the power to limit the number of an Owner's guest who may use the recreational facilities. Section 16. Right to Lease: The respective individual units or any portion thereof shall not be rented by the Owners thereof for transient or hotel purposes, which shall be defined as (a) rental for any period less than thirty (30) days, or (b) any rental if the occupants of the unit are provided customary hotel service such as room service for food and beverage, maid services, furnishing laundry and linens, and bellboy service. Subject to the foregoing restrictions, the Owners of the respective units shall have the. absolute right to lease same provided that the lease is made subject to the covenants, conditions, restrictions, limitations and uses contained in this Declaration. Section 17, Clothes Lines: No exterior clothes lines shall be erected or maintained and there shall be no outside laundry or drying of clothes. Further, no clothes washers, clothes dryers, refrigerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area. Section 18, Drapes: No portion of any drapes, blinds or curtains, which are installed on the interior of any residence, which may be seen from outside such residence, shall be of a color, texture or material which, in the reasonable opinion of the board of Architectural Control Committee, is inharmonious with the exterior appearance of all residences. Section 19, Basketball Standards: No basketball standard or fixed sports apparatus shall be attached to the exterior surface of any residence or garage, or affixed to any portion of the Common Area. ARTICLE XI EASEMENTS Section 1. General. All conveyances of Lots, and the Common Area, shall be subject to the foregoing restrictions, conditions, and covenants, whether or not the same be expressed in the instruments of conveyance, and each and every such instrument of conveyance shall likewise be deemed to grant and reserve, whether or not the same be The Palm Estates, Conditions and Restrictions Pg.14 declared therein, mutual and reciprocal easements over, across and under all Common Areas and easements over all Lots for maintenance and otherwise as authorized by this Declaration, and easements as otherwise shown on the plat for the Property, and excepting any portion of Said Property which may now or hereafter be occupied by a residence. The Said Property shall not thereafter be subject to any easement nor theretofore applied to use or provided for herein, for the purpose of building, constructing and maintaining thereon underground or concealed electric and telephone lines, gas, water, sewer, storm drainage lines, radio or television cables, and other services now or hereafter commonly supplied by public utilities or municipal corporations. All of said easements shall be for the benefit of all present and future Owners of Property subject to the jurisdiction of the Association by covenants and restrictions recorded and approved as hereinabove provided; said easements, however, shall not be unrestricted, but shall be subject to reasonable rules and regulations governing rights of use as adopted from time to time by the directors of the Association in the interests of securing maximum safe usage of Said Property without unduly infringing upon the rights or privacy of the Owner or occupancy of any part of Said Property. The easements provided for in this article are in addition to those set forth in Article III. Section 2. Common Areas. A further mutual and reciprocal easement for sidewalk purposes is granted and reserved over across the Common Areas in the Said Property, for the and repairing sidewalks for the Property, their tenants and quests, however, to rules and regulations use thereof for the safety and promulgated from time to time authority. purpose of constructing, maintaining benefit of the residents of Said for the ingress and egress subject, reasonably restricting the right to welfare of the public as may be by the Association and/or public Section 3. Part} Walls. The dwelling units constructed upon the Lots include party walls, being the common walls between two dwelling units, separating the units. Such party walls are intended to be constructed upon the Lot boundary lines separating adjoining Lots. To the extent any party wall exists, encroaches or overlaps upon a Lot, there is hereby created a common reciprocal easement for the location of such party wall. Each Owner shall have the right to use the surface of any party wall contained within the interior of the Owner's dwelling unit, provided that an owner shall not drive, place or cause to be driven or placed any nail, bolt, screw or other object into a party wall which penetrates the surface of such party wall more than one inch. The Owner shall respectively own to the centerline of any party wall. In the event any party wall is damaged or destroyed through the act or negligence of an Owner, that Owner shall be obligated to repair or replace the party wall. ARTICLE XII GENERAL PROVISIONS Section 1. Enforcement, The Association, or any Owner, or the Owner of any recorded Mortgage upon any part of Said Property, shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Declaration. Failure by the Association, or by any Owner, to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In the event suit is brought to enforce the covenants The Palm Estates, Conditions and Restrictions Pg.15 contained herein, the prevailing part shall be entitled to recover a reasonable attorney's fee in addition to allowable cost. Section 2. Irrigation and Water Rights. This subdivision is within the Nampa -Meridian Irrigation District and subject to any and all assessments of said District and any and all other water districts or authority within the subdivision. The Declarant has provisions to supply irrigation water to the common lots which will be maintained and managed by the Association. Section 3. Governmental Regulations. Approval by the City of Nampa or any other governmental entity vested with the responsibility of reviewing planning and zoning having jurisdiction over this subdivision, of any application made by any Owner which is in conflict with any covenants, conditions or restrictions of this Declaration shall in no way affect or invalidate this Declaration, but this Declaration shall remain in full force and effect, and subject to enforcement and remedies for violation hereof. In the event of a conflict between any provision of these Restrictive Covenants and zoning or building code requirements of the City of Boise City or any other governmental entity having jurisdiction over this subdivision, the more restrictive or limiting requirement shall be followed. Section 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 5. Term of Restrictions an Amendment. The covenants and restrictions of this Declaration shall run with the land described herein, and shall be binding upon the parties hereto and all successors in title or interest to said real property or any part thereof, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants and restrictions shall be automatically extended for successive periods of ten (10) years unless the Owner or Owners of the legal title to not less than two-thirds (2/3) of the platted Lots, by an instrument or instruments in writing, duly signed and acknowledged by them, shall then terminate or amend said restrictions. Such termination or amendment shall become effective upon the filing of such instrument or instruments for recording in the office of the County Recorder for Canyon County, Idaho. Such instrument or instruments shall contain proper references by volume and page numbers to the records of the plats and record of this deed in which these restrictive covenants are set forth, and all amendments thereof. Section 6. No Right of Reversion. Nothing herein contained in this Declaration, or in any form of deed which may be used by Declarant, or its successors and assigns, in selling Said Property, or any part thereof, shall be deemed to vest or reserve in Declarant or the Association any right of reversion or reentry for breach or violation of any one or more of the provisions hereof. Section 7. Benefit of provisions - Waiver. The provisions contained in this Declaration shall bind and inure to the benefit of, and be enforceable by Declarant, the Association and the Owner or Owners of any portion of Said Property, and their heirs and assigns, and each of their legal representatives, and failure by Declarant or by the Association or by any of the Property Owners or their legal representatives, heirs, successors or assigns, to enforce any of such conditions, restrictions or charges herein contained shall in no event be deemed a waiver of the right to do so. The Palm Estates, Conditions and Restrictions Pg.16 Section 8. Assignment by Declarant. Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of the Declarant hereunder pertaining to any such corporation or association evidencing its intent in writing to accept such assignment and assume such duties it shall, to the extent of such assignment, have same rights and powers, and be subject to the same obligations and duties as are given to, and assumed by, Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by the Declarant alone, so long as it owns any interest in any portion of Said Property. Section 9. Mortgaaees' right to Satisfy Obligations of the Association. In the event that the Association fails to pay any debt or sum lawfully owed by it, for which a lien has been placed against the Association common Property, or in the event that the Association fails to pay premiums due on insurance policies required by these covenants, the lapse of which would jeopardize a Mortgagee's security, a Mortgagee may pay said sum of premium after first having served five (5) days' written demand for such payment of the Association. In the event that the Association has allowed said insurance policies to lapse, a Mortgagee whose security is jeopardized thereby may secure new comparable insurance coverage. In the event that a Mortgagee makes payments allowed hereunder, it shall be entitled to prompt reimbursement from the Association. Section 10, Annexation. Additional residential property and Common Area may be annexed to the Property with the Consent of two-thirds (2/3) of each class of Members. Section 11, FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 199 . IMBS - MONTEE By General Partner ATTESTED: The Palm Estates, Conditions and Restrictions Pg.17 Secretary STATE OF IDAHO County of Canyon On this day of , 199_, before me, the undersigned, a Notary Public in and for the State, personally appeared known or identified to me to be the General Partner ofIMBS-MONTEE AN IDAHO GENERAL PARTNERSHIP that executed the instrument or the person who executed the instrument on behalf of said PARTNERSHIP, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at: My commission expires: The Palm Estates, Conditions and Restrictions Pg.18 CORS BYLAWS OF THE PALM ESTATES HOMEOWNERS ASSOCIATION, INC. ARTICLE I NAME AND LOCATION The name of the corporation is THE PALM ESTATES HOMEOWNERS ASSOCIATION, INC., hereinafter referred to as the "Association". The principal office of the corporation shall be located at 3256 Agate Ct, Boise, Idaho 83705, but meetings of members and directors may be held at such places within the State of Idaho, as may be designated by the board of directors. ARTICLE II DEFINITIONS Section 1. "Association" shall mean and refer to THE PALM ESTATES HOMEOWNERS, INC., its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners. Section 4 "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision with the exception of the Common Area. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Declarant" shall mean and refer to Imbs - Montee, an Idaho General Partnership, its successors and assigns, if such successors or assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development. Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of the County Recorder of the County of Canyon, State of Idaho. Section 8. "Member" shall mean and refer to those persons entitled to membership as provided in the Declaration. ARTICLE III MEETING OF MEMBERS Section 1. Annual Meeting. The first annual meeting of the members shall be held within one (1) year from the date of incorporation of the Association, and each subsequent regular annual meeting of the members shall be held on the same day of the same month of each year thereafter, at the hour of 10:00 a.m. If the day for the annual meeting of the V . 0 0 at the hour of 10:00 a.m. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Section 2. Special Meetings. Special meetings of the members may be called at any time by the president or by the board of directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership. Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least fifteen (15) days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and , in the case of a special meeting, the purpose of the meeting. Section 4. Ouorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these Bylaws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from tine to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot. ARTICLE 1V BOARD OF DIRECTORS - SELECTIONS - -TERM OF OFFICE Section 1. Number. The affairs of this Association shall be managed by a board of three (3) directors, who need not be members of the Association Section 2. Term of Office. At the first annual meeting the members shall elect three directors for a term of one (1) year, and at each annual meeting thereafter the members shall elect three (3) directors for a term of one (1) year. Section 3. Removal. Any director may be removed from the board, with or without cause, by a majority vote of members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the board and shall serve for the unexpired term of his predecessor. Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. 2 ARTICLE V NOMINATION AND ELECTION OF DIRECTORS Section 1. Nomination. Nomination for election to the board of directors shall be made by a nomination committee. Nominations may also be made from the floor at the annual meeting. The nomination committee shall consist of a chairman, who shall be a member of the board of directors, and two (2) or more members of the Association. The nominating committee shall be appointed by the board of directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting, and such appointment shall be announced at each annual meeting. The nomination committee shall make as many nominations for election to the board of directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non members. Section 2. Election. ,Election to the board of directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI MEETINGS OF DIRECTORS Section 1. Regular Meetings. Regular meetings of the board of directors shall be held monthly without notice, at such place and hour as may be fixed from tine to time by resolution of the board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. Special Meetings. Special meetings of the board of directors shall be held when called by the president of the Association, or by any two (2) directors, after not less than three (3) days' notice to each director. Section 3. Ouorum. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by majority of the directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the board. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1. Powers. The board of directors shall have power to: (a) Adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their quests thereon, and to establish penalties for the infraction thereof. (b) Suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations. (c) Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration. (d) Declare the office of a member of the board of directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the board of directors. (e) Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2. Duties. It shall be the duty of the board of directors to: (a) Cause to be kept a complete record of all its acts and corporate affairs, and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote. (b) Supervise all officers, agents and employees of this Association, and see that their duties are properly performed. (c) As more fully provided in the Declaration, to: (1) fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period; and (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and (3) foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same. (d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment. (e) Procure and maintain adequate liability and hazard insurance on property owned by the Association. (f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate. (g) Cause the Common Area to be maintained. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1. Enumeration of Offices. The officers of this Association shall be a president and vice president, who shall at all times be members of the board of directors, a secretary and treasurer, and such other officers as the board may from time to time by resolution create. Section 2. Election of Officers. The election of officers shall take place at the first meeting of the board of directors following each annual meeting of the members. Section 3. Term. The officers of this Association shall be elected annually by the board and each shall hold office for one (1) year unless 4 he shall sooner resign or shall be removed or otherwise disqualified to serve. a on 4 cro..; �i ppp�1nt The board may elect officers as the affairs of the such other Association may require, each shall hold office for such period, y have such authoritof whom , and perform such duties as the board may, from time to time, determine. Any may be Sect;On r R a;"^'tion and Rpm n�s�l from office with or without cause by the boardOffiGofficer may removed . Any at any time giving written notice to the board, the president oresign r the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6 Va WW e A vacancy in any office may be filled by appointment by the board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. e ion 7 �1tiDi0 O The offices treasurer may be held by the same personof secretary and . No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Sect;on 8 D�t;ee The duties of the officers are as follows: (a) Pres;d n : The president shall preside at all meetings of the board of directors; shall see that orders and resolutions of the board are carried out; shall sign all leases, mortgages, deed and other written instruments; shall co-sign all checks and promissory notes. (b) ViYPG;d= • The vice shall act in the place and stead of the president in the eventeofdent his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the board. (c) Secr ar,: The secretary shall record the votes and keep the minutes of all meetings and proceedings of the board and of the members; shall keep the corporate seal of the Association and affix it on all papers requiring said seal; shall serve notice of meetings of the board and of the members; shall keep appropriate current records showing the members of the Association together with their addresses; and shall perform such other duties as required by the board. (d) Trea Ur r: The treasurer shall receive and deposit in appropriate bank accounts all Moines of the Association and shall disburse such funds as directed by resolution of the board of directors; shall sign all checks and promissory notes of the Association; shall keep proper books of account; shall cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. ARTICLE IX COMMITTEES The Association shall appoint an architectural control committee, as provided in the Declaration, and a nominating committee, as provided in these Bylaws. In addition, the board of directors shall appoint other committees as deemed appropriate in carrying out its purpose. ARTICLE X 67 0 The books, record times, during reasonable member. The Declaration, of the Association shall the principal office of at reasonable cost. I] s and papers of the Association shall at all business hours, be subject to inspection by any the Articles of Incorporation, and the Bylaws be available for inspection by any member at the Association, where copies may be purchased ARTICLE XI ASSESSMENTS As more fully provided in the Declarations, each member is obligated to pay to the Association monthly and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or foreclose the lien against the property, and interest, costs and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot. The Association shall have a seal in circular form having within its circumference the words: THE PALM ESTATES HOMEOWNERS ASSOCIATION, INC. ARTICLE XII CORPORATE SEAL Section 1. These Bylaws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy, except that the Federal Housing Administration or the Veterans Administration shall have the right to veto amendments while there is Class B membership. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. ARTICLE XIII MISCELLANEOUS The fiscal year of the Association shall begin on the 1st day of January and end on the 31st day of December of every year except that the first fiscal year shall begin on the date of incorporation. IN WITNESS WHEREOF, we, being all of the directors of the THE PALM ESTATES HOMEOWNERS ASSOCIATION, INC., have hereunto set our hands this day of 1 1995. CERTIFICATION I, the undersigned, do hereby certify: That I am the duly elected and acting secretary of THE PALM ESTATES HOMEOWNERS ASSOCIATION, INC., an Idaho corporation, and, That the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted at a meeting of the board of directors thereof, held on the day of , 1995. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this day of , 1995. Secretary VA C00ow" j1- & 0 4( Ci The Palm Estates Homeowners Association, Inc. Rules and Regulations These rules and regulations were adopted by the Board of Directors of the THE PALM ESTATES HOMEOWNERS ASSOCIATION, INC. All homeowners and residents are requested to assist in the enforcement of all regulations. In cases where the rules are not understood, please take time to explain them courteously to fellow homeowners, visitors, or tenants. Each owner has a vested interest in the common areas and should therefore afford these areas the same pride of ownership and care as given their unit. The following rules should be observed to protect your investment. No individual Townhome unit shall be occupied and used except for residential purposes by the owners, their tenants and social quests, and no trade or business shall be conducted to therein. No tent, shack, trailer, basement, garage, out building or structure of a temporary character shall be used at any time as a residence, either temporarily or permanently. The use of any part of the common area for commercial or related purposes is prohibited. No exterior clothes lines shall be erected or maintained and their shall be no outside laundering or drying of clothes. Further, no clothes washers, clothes dryers, water heaters, refrigerators or freezers may be kept stored or operated on any exterior area. No power equipment, hobby shops or car maintenance (other than emergency work) shall be permitted on the property except with prior written approval of the Board. No garbage cans, bottles, mats, newspapers, boxes, or other articles shall be placed in the common area. No linens, cloths, clothing, curtains, rugs, or mops shall be shaken or rung from or on any windows, doors, railings or fence. The sidewalks, entrances, driveways, stairways, and landings shall not be obstructed or used for any other purpose than entering and leaving the units or restricted common areas. 2.3 NUISANCES No noxious, illegal, or offensive activities shall be carried on upon any Townhome or in any part of the property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to or which may in any way interfere with the quiet enjoyment of each of the owners of his respective unit, or which shall in any way increase the rate of insurance for the project, or cause any insurance policy to be canceled or to cause a refusal to renew the same, or which will impair the structural integrity of any building. No person shall play upon or allow to be played any musical instrument, or operate or permit to be operated any phonograph stereo, radio, television set, or other amplified sound system in any outdoor area between the hours of 10:00 p.m. and 9:00 a.m. No persons shall permit any party or other activity in the common area or his unit which makes or causes to make noises which might tend to unreasonably interfere with the peace and quiet of the other owners or occupants. No radio or other sound system shall be operated in any outdoor area of the subdivision except at a low sound level. No offensive noise, language or behavior is allowed. The use of fireworks, firecrackers and any type of firearms in the community is strictly prohibited and is subject to formal complaint to the Police Department. 2.4 SIGNS Unless written approval is first obtained from the Board of Directors, no sign of any kind shall be displayed to public view on any building or building site on said property except one professional sign if not more than five square feet advertising the property for sale or rent. 2.5 ROOF AREA Walking or climbing on roofs, cement walls and fences is not permitted under any circumstances. No one is to go onto the roof, without the consent of the Board of Directors. 2.6 LIABILITY The association or the Board have no liability for damage, loss, or theft of any personal property stored in the common area or Patio Home. Owners will be held liable for any reasonable costs incurred by the association for the repair or replacement, due to negligent or willful damage or destruction, to structures, fences, gates, landscaping, and recreational areas caused by said owner, tenant or guests. Such cost, plus possible penalty assessments will be charged back to the owners next monthly dues statement. 2.7 RECREATIONAL VEHIC'TES/PARKING No boats, campers, recreational vehicles, trucks, trailers and no vans in excess of eighteen feet long and or six feet, eight inches wide shall be parked or maintained within patio home property (except for temporary loading and unloading without inconvenience to resident access). Recreational vehicles, including vans, may not be used as temporary living or sleeping quarters for residents or visitors at any time. Boats and other nonwheeled mounted vehicles may not be parked in the community at any time. The maximum speed limit is 10 mph throughout the complex. 2 Owners of illegally parked vehicles are subject to penalty assessments and possible tow away at the owners expense for repeated violations. Vehicles cited for any violation are automatically checked through the Department of Motor Vehicles for ownership and address. To assure maximum use of the limited parking, residents must park their vehicles in a manner that does not waste a possible parking space for another vehicle. No vehicle shall be parked in such a manner as to impede or prevent ready access to any entrance to or exit from a building. Offensive vehicular noise such as squealing tires or brakes, etc. is equipped with mufflers in a good noise and annoying exhaust fumes. loud radios, undue use of horn, strictly prohibited. Vehicles should working order to prevent excessive No animals, birds, insects or livestock shall be kept on said property except domesticated dogs, cats or other common household pets which do not unreasonably bother or constitute a nuisance to others and on such portion of roads and other public ways or easements as may be designated or permitted for such use from time to time. No dogs or cats in excess of two shall be kept by any residential household within said subdivision, and no animals of any kind shall be bred or kept for commercial purposes. All dogs must be leashed when outside a dwelling unit, and shall not be allowed in the common area or kenneled outside the dwelling units. PlIFFTWOM The hanging of laundry, towels, rugs, ladders or other unsightly items over balcony railings or patios is prohibited. Placing any items as to extend beyond a balcony or patio is prohibited and any hanging plants or other decorations from patios must be securely fastened. The storage of gasoline and other flammable fluids, explosives, fireworks, etc. anywhere on the condominium property is prohibited. No wire screening, plastic, wood or other material may be placed on exterior of units for the retention of any pets. Debris of any kind is not to be discarded on the landscape. Any debris must be swept or picked up and disposed of properly. No articles of any type are permitted to be thrown from any balcony or patio area. •u • 9 . •: a •:�ZyTl A complaint or grievance is an alleged violation, misunderstanding, misinterpretation or inequitable application of the association documents and or rules and regulations guidelines. A violation is a failure of an individual to observe these documents and the community standards of the association. This can range in severity from the inconsiderate act of individual, to acts which endanger the health and safety of the community. Any violation disrupts the harmony of the community and must be addressed with wisdom, patience, and determination. The complaint procedure may be employed after attempts made to resolve a deemed violation have been unsuccessful. "Neighborhood complaints" i.e., undue noise, barking dogs, etc. should be settled between the parties involved. All efforts should be exercised to resolve the difficulty at 3 this level. If the complaint cannot be resolved in this manner it may then be referred to local enforcement agencies. Any resident should report a violation or infraction to member of the Board by a written report of the facts. A signed and dated letter should be submitted which comprehensively lays out the basis of the complaint and provides the information of when, where, who, what, and how the violation occurred. No enforcement procedure will be initiated without a signed written complaint. An owner is strictly liable for violations of these rules by his or her quests or tenants. Where a tenant or occupant is in violation of a rule the owner will be served notice and have the responsibility per subsequent action as outlined hereafter. When the complaint is valid a formal complaint letter will be sent to the offending owner of record at his or her last known address. This letter will state the nature of the offense, the deadline for correction and date of the Board meeting at which the complaint will be heard. All complaints will be heard at the next regularly scheduled Board meeting if the offending owner has received at least ten (10) days prior notice of the hearing. If the offending owner has not received ten (10) days prior notice, the complaint will be heard at the second Board meeting following the date of the notice letter. Upon written request of either party to the grievance, the Board may conduct a special hearing to review and act upon the complaint. If the offending owner has corrected the violation, the Board will impose no penalty and will close that complaint. If the violation has continued, the Board will determine a sanction that is appropriate for the violation. Should the offending owner not appear at the hearing, the Board may make a determination on the matter in his or her absence. Any such determination would be binding. The decision of the Board will be final except in any manner when an applicable State Code allows recourse by another authority. Notice of the Board action will be sent to the owner of record or their designated agent at his or her last known address. Tenants and quests are bound by the documents and rules and regulations of this association. Owners and tenants are held responsible and liable at all times for the action and conduct of their family and quests while on community property. All tenants and quest violations will be cited against the homeowner. A copy of the violation will be sent to the tenant also. The owner will be held liable for payment of any penalty assessment levied for his tenant or quest violation, as well as reasonable costs, if applicable, incurred by the association for the repair or replacement of any damage caused to community. The Board of Directors has at its disposal, several enforcement alternatives ranging from a simple oral warning to legal action. In general, the alternatives fall into the following categories, but are not limited to: a. Oral and or written warning. b. Suspension of a member right to use association property, common areas, and or facilities. c. Penalty assessment. d. Late charges on delinquent dues and assessments. 4 e. Lien and foreclosure against an owners unit. f. Court injunctions g. Notification of violation of City, County and State Codes and or laws to the appropriate police and or regulatory agency. In cases of damage to community property, a penalty assessment will be levied against an owner in addition to recovery of reasonable costs incurred by the association, for the repair or replacement of damage caused to community property by said owner, tenant or quest. If there is a violation of architectural standards, a penalty assessment may be levied, or a court injunction instituted, against any owner who undertakes improvement or alterations or a unit which might effect the architectural integrity or accepted standards of the community without prior association approval. If the violation endangers the health or safety of the community, the Board can take immediate action to ensure the health and or safety of the community, including making a report the Police Department or seeking court injunctions as legal restraint. Dated this day of ,199 President: ce President: ecretary: 5