The URL can be used to link to this page

Haven Cove #4 FPCENTRAL •• .DISTRICT i~HEALTH - , DEPARTMENT MAIN OFFICE • 707 N, ARMSTRONG PL. • BOISE, ID. 83104 • (208) 315-5211 . FAX: 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 94-431 September 2, 1994 - ..~ -_. ~'~'~~ DAVID NAVARRO °~ '"' ~ _ ~ `~, :.= j ADA COUNTY RECORDER ~`~ ~~ ~~~~~ ~~i°~z~, 650 MAIN STREET BOISE ID 83702 RE: HAVEN COVE SUBDIVISION#4 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval for Haven Cove #4 was given on August 31, 1994, final approval for Haven Cove #5 has not yet been given by this Department. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, ~~ ~~ Thomas E. Schma z, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director - HUD City of Meridian S.I. Development Collins Engineering Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office 107 N. Armstrong PI. Bone. ID. 83104 Enviro. Health: 321-7499 Family Planning: 327-7400 Immunizations: 327-7450 Nuhition: 327-1460 WIC: 321-1488 WIC Base • Meridian Elmore County Office Elmore County Office 1606 Robeds 520 E. 8th Street N. of Environmental Heafih Boise, ID. Mountain Home, ID. 190 S. 4th Street E. 83705 Ph.334-3355 83641 Ph. 587-4407 Mountain Home, !D. 324 Meridian, ID. 83647 Ph. 587-9225 83642 Ph. 888525 Valley County Office P.0. Box 1448 McCall, ID. 43638 Ph. 634-7194 t~ ~J 8 0 Z m t0 N O O O ~ o N t0 N W m W v I I I I N m IV ~ i `` m u ~ N Q1 tp N O 0 m O m m 0 a o ~p m ~ U am~mmy~ °u~u uog"o88~ 8888886 ~~imou~ uWim °oNa~ :uuo~ u•uicN+ m.u~~n zz m~ii N~ S ~- 1 n T K ___ C` I I i ~ i I m c n % O YI ti m m o m 9 f 6i -~ F m m ~- O m m z D D x uN.-~ mzz :~ &08" W°m~ UO O OO $EOm m G - u O_ O N m 1'1 c icy ~ Z . w ~ Z ~ _P O mo=o S m a m m 9 m9 0 ~P m ti- '~- 2Na D 2 ~ is ~a 000 NO Nr wy mN '^ o O-i y-1 = in mn o~ ~s ~a O o Y19 V ~ VL m m n0 O O P n 1 -1 m o n^ o n -mDmCC pDM1 ty ~ ~ MERIDIAN CITY COUNCIL JUNE 7. 1994 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: Members Present: Max Yerrington, Ron Tolsma; Walt Morrow: Members Absent: Bob Corrie: Others Present: Will Berg, Gary Smith, Shari Stiles, Chief Gordon, Bob Jones, Marty Goldsmith, David Couch, Joan Priest, Michael Wardle, Tina Morris, Janet Amos, Wayne Forrey, Sandi English, Mike English, Doug McAlvain, Melody Farnsworth, Kenneth Tetrault, Dan Torfin, Greg Johnson, David Turnbull, Don Brian, Steve Bradbury, Dave Roylance, Jim Merkle, Ted Hutchinson: MINUTES OF PREVIOUS MEETING HELD MAY 17, 1994: Kingsford: Are there any correction, additions, deletions to those minutes? Tolsma: Mayor, I move they be approved as wri#ten. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the May 17, 1994 minutes, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED AT MAY 3, 1994 MEETING: HAVEN COVE NO.4 FINAL PLAT WITH RESTRICTIVE COVENANTS: Kingsford: Does Council have any questions of staff on that issue? Morrow: Have the reasons for tabling been resolved? Kingsford: I can't remember what those were, were those your list Gary? Do you remember the reasons for table was that your list on Haven Cove? Yerrington: I have a note down here that it was because of a sewer problem Mayor. Kingsford: Was that the one the sewer was across the property line? Smith: It might have been, that is in the process of being solved. Morrow: The question maybe was the sewer easement hadn't been (inaudible) and we ~~ ~~ HAVEN COVE No. 4 SUBDIVISION RESTRICTIVE COVENANTS C~~'~i ~+../j~ ~~ `4 V ~/~ The undersigned, being the owners of the property hereinafter described, do hereby adopt. the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as HAVEN COVE No. 4 Subdivision, a portion of the N 1/2, of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, ~ ~ Idaho. The said HAVEN COVE NO. 4 Subdivision is divided into single family residential lots in compliance wi-th the local and state regulations and laws. ~ The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75~) of the land in the subdivision and after all lots therein have been sold by S. I. Development Inc., hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in this subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee. The approval of the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set-back requirements shown on plat may be given by the Architectural committee upon proper showings and so long as the Meridian City ordinances on set-backs are met. - (3) The ground floor area of the one-story house~in this subdivision shall not. be less that 1400 square feet on the ground floor excluding covered porch areas, breezeways, garages or patios. Two-story and tri-level homes shall have not less than 1400 square feet, exclusive of the covered porches, entrances, garages or patios. One-level homes with basements shall have a minimum of 2400 square feet with the ground level having a minimum of 1200 scr~aare feet, also excluding covered porch .areas, err=~~-«wav~ rt;raRP~ nr nat'? n~ - ~ /'`~ (4) The value of each constructed residence shall equal or exceed $90,000 based on Jan, 1994. values. {5) The design of each house in this subdivision shall endeavor to include aesthetic qualities such as brick, redwood, cedar, stucco, or stone facings on the front exposure, bay windows, roofs of at least 4 in 12 pitch, broken roof lines, gables, hip roofs, etc. Exterior colors of earth tones or grays shall be encouraged. Bright or bold colors, or very dark colors shall be discouraged. ' (6) No gravel roofs, split entry homes, or moving of pre- built homes into subdivision shall be allowed. (7) All lots shall be provided with a driveway containing a minimum square footage such that two off-street automobile parking spaces are provided within the boundaries of each lot. (8) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which will hold no less than two cars and no more than three. (9) For the purpose of the covenants, eaves, steps, and open porches shall not be considered as part of a building, provided, however, that this shall not be construE~d to permit any portion of a building nn a lot to encroach upon another lot. N~ building shall be in excess of two stories above natural ground level. (10} Fences shall not extend closer to any street than twenty feet (20 nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian City Council, and shall be of good quality and workmanship and shall be properly finished and. maintained. The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding c.~n all parties as to whether an undesirable, noxious or nuisance use exists. 2 (11} No Duplex or multi-family building shall be located within the boundaries of this subdivision except for a Planned ~-}' Unit Development of 2 Acres or larger as approved by the Meridian •~~ ` Cl.ty COUI1C11. (12) Construction of any residences on the subdivision shall be diiigent].y pursued after commencement thereof, to bP completed within eight (8} months. ~ n 3 (13) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod in front yard, one flowering tree of at lease 1 1/2" caliper, three (3) five gallon plants and five (1) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within one year of occupancy. (14) Each home is to have a Photo-Sensitive yard or house light in~talied such that the front yard area between the house and the front property line is illuminated. The 1ighL is to be designed to automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (15) No building shall be moved onto the premises. {16) No shack, tent, trailer house, or basement only, strail be used within the subdivision for living quarters, permanent or temporary. (17) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property owners in said subdivision. Weeds shall be kept cut to less than four (4) inches. (18) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises shall be properly fed and cared for and shall be adequately fenced so as not to atlnoy or trespass upon the use of the property of others and comply with Meridian City code. 411,¢.1 ~ .~.-~- ~- ~ ~ 4 Any other requests by lot purchasers must be approved by the Architectural Committee. Dogs shall not be allowed to run at large. (19) No business shall be conducted on the above property unless legally permitted under the existing and prevailing Meridian City zone restrictions. If permitted, no business or commercial use shall be allowed that cannot be conducted within the residence of the owner. No signs shall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (20) Only one (1} outbuilding per li,t will be allowed. All outbuildings shall be constructed of good quality building material, .completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by the Architectural Committee. (21} No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. _ (22) Additional easements: In addition to any easements shown on the recorded plat, an additional (5) foot easement may be reserved five (5) feet on any side of all other easement lines, if necessary, for the installation and maintenance of utilities, irrigation and drainage. (a) 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 utilities, or which may change the direction or flow of water through drainage channels in the easements. {b) The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (23) This subdivision is within the Nampa-Meridian Irrigation District and subject to any and all assessments of said district. The developer has made provisions that provide for future delivery of irrigation w ter to the individual lots. ,,r The actual operation and maintenanc expense of said system, if cotistr~zcted, is the obligation of he lot owners, and/or HAVEN COVE HOMEOWNERS ASSOCIATION, INC.at their option, and not the developer. 5• /'~ {24) Ail bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. (25) No sign of any kind shall be displayed to public view on any building or building site on~ said property except a professional sign of not more than five (5) square feet advertising the property for. sale or rent, or signs used by the developer to advertise the property during construction and sales period. If a property is sold or rented, any sign relating thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period following the sale. (26) No lot or building site -included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (27) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck-campers and like equipment, or junk- cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of .automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or- other approved areas. The Architectural Committee shall be the sole and exclusive judges of approved areas. Their decision is final and binding. (28) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (29) Installation of radio and/or television antennae or satellite dishes is prohibited outside any building without written consent from the Architectural Committee, which would require them to be screened from street view. 6 (30} These covenants shall run with the land and shall be binding on all persons owning under them for. a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for succ:e~sive periods of ten (10} years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 75°% of the land of ti-~is subdivision iias been recorded agreeing to change or terminate said covenants in whole or par t and after all lots therein t-iave been sold by the Developer. Modification or termination of these covenants can only be made with the consent of the Developer so long as any lots in this subdivision remain in Developers ownership. (31) Enforcement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners within said subdivision either at law or equity. In the event of judgement against any person for such the Court may. award injunction against any person for such violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees and Court costs as may be suffered or incurred, and such other or further relief as may be deemed just .and equitable. (32) Any Owner,. or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at law or in equity, all restrictions, r_onditions, covenants, reservations, Liens, and charges now hereafter imposed by the provisions of the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event bc: deemed as a waiver of the right to do so thereafter. (33) A committee of three persons shall act as an architectural design committee and shall, prior to any new cor~~truction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and' their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what shall be substantial compliance without prior consent of said committee. /"~ 7 The committee shall consist of the following: A Leon Blaser 3875 Twilight Dr. Boise, Id 83703 Bruce Blaser 4378 Kitsap Dr. Boise, Id 83703 Lee R. Stucker 2695 W. Cherry Lane Meridiarn Id 83642 After the developer has sold all the lots in this subdivision, the Architectural Review Committee shall be turned over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on .said committee, ail of whom serve without compensation. (34) Damage to Improvements: It shall be the responsibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of the subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time building is begun on each Iot unless the contrary is shown in writing at the date of conveyance or by date of possession, whichever date shall first occur, with notice addressed to a member of the Architectural Committee. (35) Invalidation of one of these covenants shall in no way affect any of the other provisions which shall remain in full force and effect. HOME OWNERS ASSOCIATION (36) Membership: Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said property shall. by virtue of such ownership, be a member of the Association. When more than one person holds such interest in any occupied lot, ail suc:z persons shall be members. The foregoing- is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such lot subject to assessment by the Association. ~ .~ 8 Such vwnership of any such lot shall be the sole qualification for becoming a member, and shall autamatica:~Iy commence upon a person becoming such owner, and shall automatically terminate and lapse when sur_h ownership in said property shall terminate or be transferred. Tlie Association shall maintain a member list and may require written proof of any member's lot ownership interest. As additional phases of HAVEN COVE SUBDIVISION are formed and brought to completion, the new phase will automatically be integrated through annexation into the Association, with all restrictions and privileges applied. The financial report, books and records of the Association may be examined, at reasonable times, by any member or mortgagee. (37) Voting Rights: Each member shall be entitled to cast one vote or' fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each lot. The vote applicable to any lot being Sold under a contract of sale shall be exercised by the contract vendor unless ttie contract expressly provides otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted ._ (38} Officers and Directors: At an annual meeting called pursuant to notice as herein provided for establishment of annual assessments, a Board of Direc:tor~ of the Association shall be elected by ballot of those attendicig said meeting and voting by proxy, provided that the total of all votes-cast shall represent a quorum as hereinafter provided. There shall be three directors elected to serve for a period of three years. Election shall be by popular vote, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled to vote for three nominees per membership. In the event any director shall be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term. _ (39} The Association shall operate, control and maintain any cnmm~n areas. . ~ /'1 9 The ASSOCiation shall have the right to dedicate or transfer all or any part of the common areas to any public entity, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such condition to transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3) of the majority of the votas at a special ur general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed action is sent to every member not less than fifteen days (15) nor more than thirty (30) days prior to such dedication or transfer; and the Association shall have the right to suspend any voting rights for any period during which any assessment against said member's property remains unpaid; and for a period not exceeding thirty (30) days for each infraction of its published rules and regulations. (40} Each owner of any Lot by rai:ification of. these covenants or by acceptance of a deed or contract of purchase therefore, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance, is deemed to covenant and agree to pay to the Association (1) regular annual or other regular periodic assessments or charges. (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon and cost of collection thereof, as hereinafter provided shall be a charge otz 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, sriall 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. The assessments levied by the Association shall not be used for any purpose other than the improvement and maintenance of any area designated as a Com~rton Area and/or the general operations of the Home Owner: Association. Subject to the above provision, ttie Association Directors shall determine the use of assessment proceeds. ~-- ~ C~ .f t 2, ~ y U~~/ ~ / ~ / ~' 10 /'~ In addition to the regular assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whale or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement, provided the assent of a two-thirds (2/3) majority of the complete votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained, written notice of which shall be sent to all members not less tY,~ari fifteen (15 ) days nor more than thirty ( 30 ) days in advance of the meeting setting forth the purpose of the meeting. 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 discretiun of the Directors. ' (41) At the first meeting called, the presence at the meeting of members or of proxies to cast sixty percent (60°%) of (,~ all votes of the members shall constitute a quorum. If the ~/- required quorum is not forthcoming at any meeting, another a' meeting may be called, subjec;t to the notice requirements. No subsequent meeting sYtall be held more than sixty (60) days ~,gffollowing the date, of- the meetin at which no quorum was . V~~'"'''~- forthcoming. (42} FEES All lots shal be subject to an initial set up fee of $100. II1 addition the annual assessment as provided for herein is $20. The annual assessment is due on the first day of a new year. Ttie Board of Directors shall fix the amount of the regular assessment at least thirty (30) days in advance of each assessment period. Written notice of the assessment dates shall be established by tyre Board of Directors. The Association sYrall, 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 certificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. (43) 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 ttce Gate of delinquency at the rate of eighteen percent (13°~°) per annum. The Secretary of the said Association shall file irr the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, whictl have become delinquent with respect to any Lot on said proper+~y, and upon payrnLnt in full thereof, shalt ~~xecutN and f ile •~ proper r~~iease ~"~ 11 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 Filed from the date the lien is filed in the office of the said County Recorder for Ada County, Idaho, until the same has been paid or released as herein provided. S~.zch lien may be enforced by said Assc~~iation 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 Pxpt'115P_, costs and disbursements and attorney's fees shall be secured by laic? lien, including all aforementioned expenses, costs, disbursements and fees on appeal,-and such owner at the time such assessment is levied shall also be liable for any deficiency remaining unpaid after any foreclosure sai~~. 1`10 owner may waive or otherwise escape liability for the assessments provided for herein by non-use of Common Areas of abandonment of his lot. (qq} -The sale or transfer of any lot or-any other part of said property shall. not affect the assessment lien. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or-from the liening thereof. (45) The 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; (b) any other properties owned by the Association. (46i 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 common areas and improvements and may include, among other things, the cost of maintenance, .management, special assessments, fire, casualty and public liability iti~urance, common lighting, landscaping, and care of 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 Associatiur~ form a previous period, and the creation of any reasonable contingency or other zeserve fund, as well as all costs and expenses relatin, to the common area and improvements. n I2 /'~ (47) The Association shall be resp~n=~ible for the repairs, upkeep and maintenance, normal servicing, gardening, rules and regulations for use, care, and safety, annual planting of flowers (if any), payment of bills and related expenses for any Common Areas. The Directors shall become the Architectural Comc~cittee as provided in Para<~raph 33 upon the sale of the last lot in any future phases of Haven Cove Subdivision. (40^^.) The Board of Directors are empowered to obtain appropriate liability, casualty, fire or errors or omissions or other insurance to properly protect the actions of the Association or facilities maintained, owned or controlled by the Association as a cost to the Association. (i9) Invalidation of one of these Covenants shall in no way affect any of the othf~r pr_ovision~ whic:h_ shall remain ire full force and effect. ~ I ~~ 13 A. Leon Glaser, President: STATE OF IDAHO ) ss COUNTY OF ADA ) On this th day of 1992, before me, a notary public in and for said State, personally appeared A. Leon Blaser, known to me to be the President of S. I. Development Inc, whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. Notary Public Residing at: Commission Expires: Rescov n MERIDIAN CITY COUNCIL MEETING: June 7.1994 APPLICANT: S.I. DEVELOPMENT AND DAVID AGENDA ITEM NUMBER: 1 COLLINS REQUEST: FINAL PLAT FOR HAVEN COVE NO 4 WITH RESTRICTNE COVENANTS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTAHCED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~, ~ c~ ~°°~~~ un t~~ a C`6'"r'" EJ ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY n A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor & City Council From: Gary D. Smith, PE Date: April 28, 1994 RE: HAVEN COVE NO. 4 SUBDIVISION (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: 1. The plat generally conforms to the previously approved preliminary plat. 2. A roadway access is required into Dr. Coe Parker's property via extension of N. Clara Ave. 3. An adequate easement width (more than 5 feet) is needed for the imgation pipe(s) to be placed between Lots 14/15 -Block 6 and Lots 33/34 -Block 11. 4. Submit Ada County Street Name Committee approval of "N. Clara Ave.". The street name "W. Camelia St." needs to be shown as "W. Santa Clara Drive", an extension of the No. 2 plat. 5. The lot and block numbering for what is shown as Block 11 will need to be modified when the access street to Dr. Parker's property is drawn. 6. Haven Cove No. 3 Subdivision, shown as an adjacent platted subdivision, is not recorded at this time. 7. Can the scale of this plat be reduced to 1" = 100' so that only two sheets are required? It appears the plat will all fit onto one sheet. 8. The Certification Sheet needs to be submitted for review. 9. Show the line of separation between plat No. 2 and No. 3. /'~ 10. A double imgation -drainage pipe is shown in the development plans from approximately Lot 33/34 -Block 1 West to Lot 33/34 -Block 11. I don't think a 10 foot wide easement is adequate for 1-18" diameter + 1-15" diameter pipe + US West telephone cable + CATV cable especially in light of the recent request by US West for a ten foot wide rear lot line easement. 11. Show separation line from Haven Cove No. 2 to Haven Cove No. 3 at the northeast corner on Sheet 1 and the northwest corner on Sheet 2. When the plat is reduced to one sheet this separation line shall also be shown. 12. The 20 foot wide sanitary sewer easement shown on Lot 27 -Block 1 is to be a 20 foot wide common area lot with an underlying 20 foot wide sanitary sewer easement. 13. Identify what the "land corners" are with tie lines projecting from the "Initial Point" on Sheet 2. 14. Add a note stating "The bottom elevation of house footings shall be set a minimum of 12 inches above the highest known seasonal groundwater elevations. (Note: It is incumbent upon this applicant to make a determination, by a soil scientist or monitoring holes, what the elevation of the highest groundwater is and this information shall be given to all builders.) HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JA NICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEI~RANDUM T0: Mayor and Cou~nci l ~<i FROM: Shari L. St /iTes/,~_Pfl^anning 8 Zoning Adainistrator DATE: April 28, 1994 SUBJECT: Final Plat - Haven Cove No. 4 COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning The prelisinary plat was approved for 191 building lots and had two ponds, one with an irrigation pusp, shown as lots. It now appears there are a total of 194 building lots included in Haven Cove Nos. 1-4. Lot 27, Block 1, needs to be 8,000 s.f. exclusive of the sanitary sewer easesent. Sanitary sewer easesent needs to be deeded to the City as a separate lot. No fence or other structure can be placed within this area. This subdivision does not appear to be of the sagnitude that the drawing cannot be placed on a single sheet. Scale should be adjusted to 1"=100'. There is still only one way in and out of the Haven Cove developsent. P&Z originally approved of the prelisinary plat with the condition that, after 100 lots were developed; a second street to Cherry Lane be provided. The one stub street shown to the south will not access anything until Tos Eddy's property is developed. A stub street has been resoved which was originally shown on the boundary line between Tos Eddy's and Coe Parker's properties. Dr. Parker testified at the public hearings and sent nuserous letters to see that this was accosplished. Ada County Highway District assured Dr. Parker this would be done. Ada County Highway District say have allowed this access to be deleted in error. The plat shall have the individual lots sarked showing the sinisus size house that can be constructed thereon, and no plat shall be recorded without such indication clearly shown thereon (Zoning Ordinance, Section 2-411. E). The final plat application did not indicate a sinisus square footage for structures. A sinisus house size could be included in the notes in lieu of a designation on each lot. Any irrigation or drainage ditches on this property will have to be tiled to the satisfaction of downstreas water users and the irrigation district, if applicable, and evidence subsitted to the City that this has been done. Meaorandua to Mayor and Council Final Plat - Haven Cove No. 4 Page 2 Developer has indicated covenants have been subaitted; however, the covenants have been subaitted for each phase and titled "Haven Cove No. 1, Haven Cove No. 2," etc. Please subait covenants specific to Haven Cove No. 4. As I believe streetlights are being provided, the requireaent for lights with photo-sensitive cells gay not be wanted or necessary on each lot. Values of constructed residences should be updated for present-day value as represented by the developer. If plat is to regain as subaitted, I recoaaend it be rejected and go back through P&Z. If the plat is revised to address all iteas noted above, I recoaaend the plat be approved subject to these and other staff and agency coaaents being get. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO. MERIDIAN, IDAHO 83642 . Phone (208) 888433 • FAX {208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning ~~~~~~~~ APR 2 5 1994 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOP~~1~T1"~ROJECTS 1~ WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: April 26 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/3/94 REQUEST: Final Plat for Haven Cove No. 4 BY: S.I. Development tnc. and David Collins LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 3 JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER 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 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES J ~ ~ ~ OTHER: "7~ YOUR CONCISE REMARKS: e.~ (~ 2 j s CITY PLANNER .4LRit~4 ~, t,vi /Yl.s,-/r ~ L:`~~ ~!~ ~cv ~ rs ~pR EXCEL! ? ~ Q ~~ SUPERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Dan Mabe, Finance & Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 April 25, 1994 RECEI'tIE]C~ City of Meridian APR 2 8 1994 33 East Idaho r Meridian, Idaho 83642 C~~"'~' ~,~~ ~5;-„k: ~x~?=I Re: Haven Cove No. 4 Subdivision Dear Councilmen: I have reviewed the application for Haven Cove No. 4 Subdivision and find that it includes approximately 46 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.1 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 16 elementary aged children, 13 middle school aged children, and 17 senior high aged students. At the present time Meridian Elementary is 110 is at capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, 9~La,Ge. Dan Mabe Deputy Superintendent DM:gr SUB~VISION EVALUATION BEET ~~~:s-z~~:~: ~~~' 1 6 ~~ Proposed Development Name HAVEN COVE N0. 4 City M ~~~ila~~'~ Date Reviewed 4/28/94 Preliminary Stage Final XXXXX Engineer/Developer _Collins Engf. / S. I. Development The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. _1~ti~u ~~ ~`~ F_ Y f P ~% i l ~ c,~ i.~ ~ Yl Icn1L1~1 r n rG~ I r Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as• "W. SANTA CLARA DRIVE" "N. STOCKER AVENUE" The following new street name is approved and shall appear on the plat as: c~r~~ "N. 6~A.Rb,4 AVENUE"~~1`~ The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee i der for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT E, A NC R RE NTATIVES OR DESIGNEES Ada County Engineer John Priester r! {ti Date Z~ l Ada Planning Assoc. Terri Rayn ~ tia~.___ Date a Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~,~~- 1%~<%;:~ ' r ~7%~ !'.~.,~ ~ "'c /CzIC:~'G'/''`~ ~~ ~/~~~ CENTRAL ~• DISTRICT `~~1'HEALTH DErARTMENT Return to: REVIEW SHEET ~ ^Eagle APR 2 g ~~,~ ^ Garden City Rezone # Cs~~'~~' ~~' ~~~~w:~t.:.,,~4,~~Meridian Conditional ^ Kuna Prelimina Final/ hort Plat /I/C~i J Ca1~~ ~S ~~iyyJi~,~ ^ ACz ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic knowledge as to the exact type of use must be provided before we can comment on this proposal ^ 4. We will require more data concerning soil conditions on this proposal before we can comment. ^ 5. Before we can comment concerning individual sewge disposal, we will require more data concerning the depth of ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can approve this proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet .~ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: .~ Central .sewage ^ Community sewage system ^ Community water well ^ Interim sewage ~ Central water ^ Individual sewage ^ Individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality: Central sewage ^ Community sewage system^ Community water ^ Sewage dry lines .~ Central water 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan reiew for any: ^ Food establishment ^ Swimming pools or spas ^ Child Care Center ^ Beverage establishment ^ Grocery store J ~, 13: ~TO~y.~irl~~x. /ffi17~~~-~i/~T ~S~/7 /ya - DATE: Z-7l J Reviewed by: dir. ~/~ ~ ~ it h~~ s~~ `~i S ~ CDHD 10-91 rcb n HUB OFTRE~~URE YA.~.LE~' /'~ OFFICIALS A C700d PIaCe t0 L1Ve COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk e P T JANICE L. GASS, City Treasurer CITY OF MER RONALD R. TOLSMA MAX YERRINGTON GARY D. SMITH, P.E. City Engineer IDIL ' V )•1 \ ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAI"IO SHARI STILES KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chi ~ F WAYNE G CROOKSTON JR AttC~~ E~ MERIDIAN IDAHO 83642 ' ,~ Planner a Zoning Administrator JIM JOHNSON . , ., ~( Phone (208) 888433 • FAX{208) 887813 ~,5 ~~~ (~ chairman -Planning & Zoning ~n Public Works/Building Department (208) 887-2211 ~ ~ ~j JIV}J ~ h~/ q M A l~ - 2 t~~~ GRANT P. KINGSFORD ~ ~ ~ p-~~ " Mayor ( ~~~~ g~ ~~ ~ NAPA ~~ ~41EPt~lAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMEN~l~~20JECTS WITH THE CITY OF MERIDIfAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer ay: Aaril 26 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/3/94 REQUEST: Final Plat for Haven Cove No. 4 BY: S.I. Development lnc. and David Collins LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 3 JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR ~NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) 1A/gTFR nEDARTI~E~IT RL1RE.~! I OF P.EC! gl!4:~TI0"!(P!~ELIAJI ~ FI"dAL ELATj SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and wasteways POLICE DEPARTMENT must be protected. Municipal surface drainage must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER review drainage plans. It is recommended that r irrigation water be made available to all developments within this District. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final nlattine. Contact Donna Moore at 343-1884 or 466-7861 for further information. PODIATRIC MEDICINE FOOT SURGERY SPORTS MEDICINE Boise Podiatry Clinic, P.A. 1412 W. BANNOCK BOISE, IDAHO 83702 345-1868 M.D. OGDEN, D.P.M FELLOW AMERICAN COLLEGE FOOT SURGEONS DIPLOMATE AMERICAN BOARD OF PODITRIC SURGERY COE J. PARKER, D.P.M. ASSOCIATE AMERICAN COLLEGE FOOT SURGEONS Apr,z1 ,25, 1~~4 Me r .i di a n C.i t y Coct nc.i 1 Merad.ian, Idaho L~:.?~42 Dear S.i r s ; It. has come t.o my attention that the Pr_e.I,im.i,_nary......_P.~..~t_ approved for Haven Cave 5ubdiv.is.ion has..,_been.....changed in the final plat, The stubbed........st.re~e.t:_.„_,_has.____been.__...maved, thus el.im.i nat..i ng access to my property . It is abv.ious also to me that. prior to approval of the final plat, that construct.zon of streets and sewer are near completion w.i thaut. all ow.i ng me 1 egress and egress. I attended the Plann.i ng and 2on.i ng and C.i ty C.aunc.i l Meet.i ng and made a present.at..ion to avoid being LANL~_..._LQCkEL7. I have also been i n contact. w.i t.h the Ada County Highway Lei st . regardi ng th.i s matter . They also recommended a stab street. at. m,z ne and Tom Edd.i es boundary .into Haven Cove. I thought. that this had been taken care of. I RE©C1EST THE FINAL PLAT N4T SE A~'pRC1G'ED WI THDUT ALLOWING ME ACCESS . I am 1 ncl udi ng copies of correspondences show.i ng my efforts to Protect my property, Thanks for your c .zderat.ion. /I ~~ Coe .7. Parker, L7.P.M. CJP/tmm ec ; Gary Sm.i t. h , Ci t. y Eng.i Wee r Larry Sates, ACHD February 23, 1994 Ci ty of Meridian City Engineering Dept. Attn: Gary Smi th 33 E. Idaho Ave. Meridian, Idaho 83642 Dear Gary: I am enclosing a draft of a preliminary plat for development of nr3~ property prepared for me by the Engi-~eering Firm of Don Hubble. This is a follow up of the presentation when I appeared before the Ci ty Counci 1 on February 1 Sth regarding the app! i ca ti on of annexation and zoning of approximately 6.7 acres by Micky Welker. This property is adjacent to my property and I am requesting that 1 have access to sewer and water through her property as shown in the drawing which is enclosed. 1 have a piece of property a t 2930 W. Pine i n Meridian that wi 11 be 1 and 1 ocked i f I do not have access for ingress and egress, also through the Eddy property whicl- is to my East and through the Haven Cove subdivision which has been approved to my North. In the development of the property surrounding me, 1 would appreciate this consi dera ti ors so tl~a t 1 can development my property at an appropriate tine. I have no present plans for development at this time. I would appreciate being kept appraised of the developments of these adjacent properties. Sincerely, ~~~~ ~ _ ~_. Coe J. Parker, D.P.M. cc: Wayne Foreys William G. Berg, Jr. Grant Kingsford Ci ty P1 aner Ci ty C1 erk Ci ty Mayor L ,. n c G JAMES E. BRUCE, President GLENN J. RHODES, Vice President SHERRY R. HUBER, Secretary Coe J. Parker, D.P.M. Boise Podiatry Clinic, P.A. 1412 W. Bannock Boise, ID 83702 Re: Haven Cove Subdivision Stub Street Dear Coe: 9~z~~r 3 I have reviewed the previous file information regarding Haven Cove Subdivision to determine if the locations of stub streets we have already requiredwill suit your purpose. I am hopeful. that you. will. be able to work with the situation as it stands. As part of the original approval. of Haven Cove Subdivision, ACRD required a stub street out. to the south boundary at a point. 1320 feet east of Ten Mile Road. This is apparently your east property line. Thus, the centerline of the street will be the property line between you and your neighbor to the east. This is our preferred location and if you and your neighbor can cooperatively extend this street, all parties will benefit. It is important far bath of you to know that there will be only one street stubbed to the south. to serve both of you. It will require your joint effort to subdivide your properties in the future, even if the stub location is moved to one side of the property line or the other. If, after further examination, you and your neighbor can recommend another location which will suit both your needs, we will consider your request to change the proposed location. Sinc ly, ~a ry S le, Supervisor ACRD D velopment Services Division cc:Chron Haven Cove File David Collins, P.E. Wayne Forrey, AICP PARKER/LARRY ado county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 PODIATRIC MEDICINE FOOT SURGERY SPORTS MEDICINE ~ my 7, 1993 ~oise Podiatry Clinic, P.A.'~ 1412 W. BANNOCK BOISE, IDAHO 83702 345-1868 Wayne Forey City Clerk Meridian City Hall Meridian, Idaho 83642 Dear Wayne: M.D. OGDEN, D.P.M. FELLOW AMERICAN COLLEGE FOOT SURGEONS DIPLOMATE AMERICAN BOARD OF PODITFi1C SURGERY COE J. PARKER, D.P.M. ASSOCIATE AMERICAN COLLEGE FOOT SURGEONS This is a follow up letter regarding my property at 2930 W. Pine Street in Meridian Idaho. Last Spring I wrote to Mayor Kingsford, the City Council and Jack Niemanns. The letter stated this; Dear Sirs: It has come to my attention that acreage bordering my land at 2930 W. Pine has received preliminary plat approval for residential development under the name of Haven Cove. This development lies adjacent to my Northern property boundary. While I am in support of this planned expansion, I would ask that you allow for an access from this development to my property boundary before you give them final approval. I may, in the future, be interested in making application to subdivide my acreage and the way .Haven Cove is currently platted would preclude me from continuing this flow in to my property. I would ask that you allow for ingress/egress as well as access to sewer, water, and Meridian City services. I appreciate your time and consideration. Please contact me should you have any questions or should any action on the above mentioned development tie on the agenda. Sincerely, -... Coe J. Parker, D.P.M. CJP/tmm ec: Larry Sales 318 E. 37th Boise, Idaho 83714 n January 6, 1992 Leon Blazer 3350 Americana Terr. Boise, Idaho 83706 Dear Leon: I have decided to defer -my plans for developing my property in Meridian to sometime in the future. However to make development possible I have written to Meridian City and the Council regarding the same. (letter inclosed). Maybe we can put something together later on. Thanks for the time you spent and for consideration of a development project with me. Sincerely, ~~--~ L/ / Coe J. ar er, D.P.M. CJP/tmm ~~~ ~ ~~ ~ ~ ~~~ ~- ~ HAVEN COVE No. y SUBDIVISION RESTRICTIVE COVENANTS ~.J The undersigned, being the owners of the property hereinafter described, do hereby adopt the following protective covenants in their entirety to apply to real property to be subdivided and contained in a subdivision to be known as HAVEN COVE No. 4 Subdivision, a portion of the N 1/2, of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. The said HAVEN COVE N0. y Subdivision is divided into single family residential lots in compliance with the local and state regulations and laws. The following covenants shall run with the land and be in force and effect as outlined below unless or until terminated by agreement of the owners of seventy-five percent (75°~) of the land in the subdivision and after all lots therein have been sold by S. I. Development Inc., hereinafter called "Developer". Modification or termination of these covenants can only be made with the consent of the Developer while any lots in this subdivision remain in the ownership of the Developer, and are as follows: (1) No building, fence, wall, structure, improvement or obstruction shall be placed or permitted to remain upon any part of said property unless a written request for approval thereof containing the plans and specifications therefore, including exterior color scheme, has been approved in writing by the Architectural Committee., The approval of~the Committee shall not be unreasonably withheld if the said plans and specifications are for improvements which are similar in general design and quality, and generally in harmony with the dwellings then located on said property. (2) Variances in building set-back requirements shown on plat may be given by the Architectural committee upon proper showings and so long as the- Meridian City ordinances on set-backs l ~Ov are met. ~ ~ K~ (3)~ The ground floor area of the -story house in this subdivision shall. not be less that square feet on the ground floor excluding .covered porch areas, breezeways, garages or patios. Two-story and tri-level homes shall have not less than 1400 square feed, exclusive of the covered porches, entrances, garages or patios. One-level homes with basements shall have a minimum of 2400 square feet with .the ground level having a minimum of 1200 square feet, also excluding covered porch areas, breezeways, garages or patios. /~ ~..~ (4) The value of each constructed residence shall equal or exceed $84,000 based on Jan, 1993 values. (5) The design of each house in this subdivision shal endeavor to include aesthetic qualities such as brick, redwood l Q , cedar, stucco, or stone facings on the front exposure. B y _ windows roofs of at least 4 in 12 itch broken li , ga les, hip roo s, etc. Exterior colors of earth tones or grays s a _ he encourage Bright or bold colors, or very dark colors shall be discouraged. (6) No gravel roofs, split entry homes, or moving of pre- ~,asy„~~, , built homes into subdivision. (7) All lots shall be provided with a driveway containing a minimum square footage suc11 that two off-street automobile parking spaces are provided within the boundaries of each lot. (8) All such parking area requirements shall be exclusive of a required attached and enclosed two car garage area which GdZCE~'~.{ will hold no less than two cars and no more than three. ~ . --~ ~ (9) For. the ur ose of the covenants eave_: ste P P ` , Ps. and .~ ': ,~„ a~ open porches shall not be considered as part of a building, ~ ~_ _'I provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. No building shall be in excess of two stories above natural ground level. (10) Fences shall not extend closer to any street than twenty feet (20), with the exception of those lots backing Cherry Lane, nor higher than six (6) feet without express approval of the Architectural Committee and the Meridian City Council, and shall be of good quality and workmanship and shall be properly finished and maintained., The location of fences, hedges, high plantings, obstructions or barriers shall be so situated as not to unreasonably interfere with the enjoyment and use of neighboring properties and streets and shall not be allowed to constitute an undesirable or noxious or nuisance use. The determination of the Architectural Committee shall be binding on all parties as to whether an undesirable, noxious or nuisance use exists. (11) No Duplex or multi-family building shall be located within the boundaries of this subdivision except-for a Planned Unit Development of 2 Acres or larger as approved by the Meridian City Council. (12) Construction of any residences on the subdivision shall be diligently pursued after commencement thereof, to be completed within eight (8) months. 3 (13) Landscaping of front yard is to be within 30 days of substantial completion of home, or within 30 days of occupancy, to include but not be limited to sod in front yard, one flowering tree of at lease 1 1/2" caliper, three (3) five gallon plants and five (1) one gallon shrubs. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval of the Architectural Committee. Grass will be planted in the back yard within one year of occupancy. (14) Each home is to have a Photo-Sensitive yard or house light installed such that the front yard area between the house and the front property line is illuminated. Tyre Light is to be designed to~automatically switch on at sunset and off at sunrise with a minimum bulb power of 60 watts. (15) No building shall be moved onto the premises. (16) No shack, tent, trailer house, or basement only, shall be used within the subdivision for living quarters, permanent or temporary. (17) Nothing of an offensive, dangerous, odorous, or noisy kind shall be conducted or carried on nor shall anything be done or permitted in said subdivision which may be or become an annoyance or nuisance to the other property ~~wners in said subdivision.- Weeds shall be kept cut to less than four (4) inches. (18) Keeping or raising of farm animals or poultry shall be prohibited. All dogs and cats or household pets kept on these premises. shall be properly fed and cared for and shall be adequately fenced so as not to annoy or trespass upon the use of the property of others.. ~ ~~ ~ ~ K L C `~ ~/~~A~ 4 Any other requests by lot purchasers must be approved by the Architectural Committee. Dogs shall not be allowed to run ,at large . ~ ~ ~j~f, p~~ (19) No business shall be conducted on the above prop~ty unless lt,y.~lly permitted under the existing and prevailing/zone restrictions. If permitted, no business or commercial use shall be alluwed that cannot be conducted within t)ie residence of the owner. No signs sYiall be installed to advertise said business. No oil exploration or development of any nature or kind or mining exploration, development or structure shall be permitted upon the lots in this subdivision. (20) Only onF (1) outbuilding per lot will be allowed. All outbuildings shall be constructed of good quality building material, completely finished and painted on the outside and shall be of good quality and character that will be in harmony with the other buildings on said property and must be approved by tine Architectural Committee. (21) No building or structure shall be placed on said property so as to obstruct the windows or light of any adjoining property owner in said subdivision. (22) Additional shown on the recorded be reserved five (5 lines, if necessary, utilities, irrigation easements: In addition to any easements plat, an additional (5) foot easement may feet on any side of all other easement for the installation and maintenance of and drainage. (a) 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 utilities, or which may change the direction or flow of water through drainage channels in tY~e easements. (b) The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility is responsible. (23) This subdivision is within the Nampa-Meridian Irrigation District and subject to any and. all assessments of said district. The developer has made provisions that provide for future delivery of irrigation -water to the individual lots. The actual operation and maintenanced expense of said system, if constructed, is the obligation of the lot owners, and/or HAVEN COVE HOMEOWIJERS ASSOCIATION, INC.at their option, and not the developer. 5 (24) All bathroom, sink and toilet facilities shall be located inside the dwelling house or other suitable appurtenant building, and shall be connected by underground pipe to wet line sewer connection lines. (25) No sign of any kind shall be displayed to public view on any building or building site on said property except a professional .sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the developer to advertise the property during construction and sa1Ps period. If a property is sold or rented, any sign relatin~I thereto shall be removed immediately, except that the Declarant or its agent may post a "sold" sign for a reasonable period following the sale. (26) No lot or. building site included within this subdivision shall be used or maintained as a dumping ground for waste material. Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be maintained in a sanitary and clean condition. (27) Parking of recreational vehicles, boats, trailers, motorcycles, trucks, truck-campers and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any part of said property nor on public ways adjacent thereto excepting only within the confines of an enclosed garage, or. other approved enclosure, and no portion of same may project beyond the enclosed area. Parking of automobiles or other vehicles on any part of the property or on public ways adjacent thereto shall be prohibited except within garages, carports, or other approved areas. The Architectural Committee shall be the sole and. exclusive judges of approved areas. Their decision is final and binding. (28) No machinery, building equipment or material shall be stored upon site until the Grantee is ready and able to commence the construction with respect to such building. materials which then shall be placed within the property line of such building site upon which the structure is to be erected. (29) Installation of radio and/or television antennae or satellite dishes is prohibited outside an.y building without written consent from the Architectural Committee, which would require them to be screened from street view. ~ ~ 6 (30) These covenants shall run with they land and shall be binding on all persons owning under them for a period of thirty (30) years from the date of this recording thereof, after which time such covenants shall be automatically extended for successive periods of ten (10) years, unless at any time after the initial recording of this instrument, an instrument signed by the owners of 750 of the' .land of this subdivision 1•-as been recorded agreeing to change or terminate said covenants in whole or part and after ali lots therein have been sold by •the Developer. Modification or termination of these covenants can only be made with the consent of the Developer so long as any lots in this subdivision remaitl in Developer's ownership. (3i) Enfor.rement against any person or persons violating or attempting to violate any covenant herein after ten (10) days notice thereof in writing served on the offending party, shall be had by any property owners wit}Zin said subdivision eit}-er at law or equity. In the ever-t of judgement against any person for such, the Court may award injunction against any person for sue h violation, require such compliance as the Court deems necessary, award such damages, reasonable counsel fees ar-d Court costs as may be suffered or incurred, and such other or further relief as may be deemed just and equitaLle. (32) Any Owner, or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by proceeding at iaw or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now }-ereafter irnposed by the provisions of 'the Declaration. Failure by any owner to enforce any covenant or restriction herein contained shall in no event be deemed as a waiver of the right to do so thereafter. (3~) A committee of three persons Shall act as an architectural design committee and shall, prior to any new construction in said subdivision, be furnished with one set of detailed plans and specifications of any proposed building to be located in said subdivision and .shall be allowed ten (10) days to review said plans, drawings, and specifications. If said committee shall approve of the proposed building, or modification or alteration thereof, they shall so indicate by the dating and signing of the set of plans by a member of the committee, and their approval shall be construed as full compliance with the provisions of Paragraph One (1) of the original covenants. Said committee shall have sole discretion to determine what sriall be substantial compliance without prior consent of said committee. n 7 ~. The committee shall consist of the following: A Leon Blaser 3875 Twilight Dr. Boise, Id 83703 Bruce Blaser 4378 Kitsap Dr. Boise, Id 83703 Lee R. Stucker 2695 W. Cherry Lane Meridiem Id 83642 After the developer has sold all the lots in this subdivision, the Architectural Review Committee shall be turned over to the residents of the subdivision and not before. Amending these covenants shall not affect this provision. A majority of said committee is empowered to act for the committee. In the event any member of the committee is unable to act or fails or desires not to act, the remaining committee members shall appoint an owner of a lot in said subdivision to serve on said committee, all of whom serve without compensation. (34) Damage to Improvements: It shall be the responsibility of the builder of any residence in this subdivision to leave street, curbs, sidewalks, fences, and tiled irrigation lines if any, and utility facilities free of damage and in good and sound condition at the conclusion of the construction period. Fine grading on each individual lot shall be required to conform to the master drainage plan of ttie subdivision. It shall be conclusively presumed that all such improvements are in good, sound condition at the time buili7ing is begun on each lot unless the contrary is shown in writing at the date of conveyance or:~ date of possession, whichever date shall first occur, w~c-~iG/`notice addressed to a member of the Architectural Committee. (35) Invalidation of one of these r.~vena rrts shall in no way affect any of the other, provisions which shall remain in full force and effect. HOME OWNERS ASSOCIATION (36) Membership: Every person or entity who is a record owner (including contract sellers) of a fee or undivided fee interest in any lot located within said property shall by virtue of such ownership, be a member of the Association. Wt1en more than one person holds such interest in any occupied lot, all such persons shall be members. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any such Iot subject to assessment by the Association. 8 Such ownership of any such lot shall be ttie sole qualification for becoming a member, and shall automatically commence upon a person becoming such owner, and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. The Association shall maintain a member list and may require written proof of any memt~er's lot ownership interest. As additional phases of HAVEN COVE SUBDIVISION are formed and brought to completion, the new phase will automatically be integrated through annexation into the Association, with all restrictions and privileges applied. The financial. reports, Y~oakr; and records of ' he Ass~oc:iation ruay ire examined, aL reasonable times, by any member or mortgagee. n i•,~ 9 (37) Voting Rights: Each member shall be entitled to cast one vote or fractional vote as set forth herein for each lot in which he holds the interest required for membership. Only one vote shall be cast with respect to each lot. The vote applicable to any lot being sold under a contract of sale shall be exercised by the contract vendor unless the contract expressly provides otherwise and the Association has been notified, in writing, of such provision. Voting by proxy shall be permitted. (38) Officers and Directors: At an annual meeting called pursuant to notice as herein provided for establishment of annual assessments, a Board of Directors of the Association shall be elected by ballot of those attending said meeting and voting b~• proxy, provided that the total of all votes cast shah represent a quorum as hereinafter provided. There shall be three directors elected to serve for a period of three years. Election shall be by popular vote:, the nominees receiving the three highest vote totals shall be deemed elected. Each member shall be entitled t~ vote for three nominees per membership. In the event any director shall be unable to complete the term for which elected, the remaining directors are empowered to appoint a substitute to serve out the unexpired term. (39) The Association shall operate, control and maintain any common areas. The Association shall have the right to dedicate oz transfer all or any part of the common areas to any public entity, authority, or utility for .such purposes dnd subject to such conditions as may be agreed to by the members. No such condition to transfer shall be effective unless authorized by members entitled to cast two-thirds (2/3} of the majority of the votes at a special or general member's meeting and an instrument signed by the Chairman and Secretary has been recorded in the appropriate county deed records, agreeing to such dedication or transfer, and unless written notice of proposed action is sent to every member not less than fifteen days. (15) nor more than thirty (30) days prior to such dedication or transfer; and the Association shall have the right to suspend any voting rights Eor any period during which .any assessment against said member's property remains unpaid; and for a period not exceeding thirty (30) days for each infraction of its published rules and regulations. 10 (40) Each owner of any Lot by ratification of these covenants or by acceptance of a deed or contract of purchase therefore, whether or not it shall be so expressed in any such deed or other conveyance or agreement for conveyance, is ~i~~,~! Lo covenant and agree to pay to the Association (1) regular annual or other regular periodic assessments or charges. (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The regular and special assessments, together with such interest thereon acrd cost. of coliectiorr thereof, as :iereinafter provided shall be a charge on the land and :;hall be a continuing lien upon the property against which sur_1, assessment is made. Each such assessment, together with such interest, casts 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 of Or" foreclosed, but shall L1~4$, be a personal obligation of successors in title unless expressly assumed.^~ ~- The assessments levied by the Association shall not be used for any purpose other than the improvement and maintenance of any / ~ / area designated as a Common Area. Subject to the above ''G~~ provision, thr Association Directors shall determine the use of ~~~ assessment proceeds. ~,~~ In addition to the regular assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement, provided the assent of a two-thirds (2/3) majority of the complete votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained, written notice of which shall be sent to all mNrnber~ not less than fifteen (15} days nor more than thirty (30) days in advance of the meeting .setting fur#.h tae purpose of the meeting. Both regular assessments and any special assessments must be fixed at a uniform rate for all occupied lots and may be collected on an annual, quarterly, or monthly basis in the discretion of the Directors. (41) At the first mee~Ling called, the presence at the 2 2 meeting of members or of proxies to cast sixty percent {60~) of ~ ` all votes of the members shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirernents. No subsequent meeting shall be held more than sixty (60) days following the date of the meeting at whictr no quorum was forthcoming. 11 (42) FEES All lots shall be subject to an initial set uU fee of $100. In addition tyre annual assessment as provided for herein is $20. The annual assessment is due on the first day of a new year. The Board of Directors shall fix the amount of the regular assessment at Ieast thirty (30) days in advance of each assessment period. 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 bX an officer of tyre As~u~iation 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 certificates shall be conclusive evidence of payment of any assessment tt-ierrin stated to have b`en paid. (43) Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the dne date, the assessment shall bear interest from .the date of delinquency at the rate of eighteen percent (180) per annum. The Secretary of the said Association shall file in the office of the County Recorder, Ada County, Idaho, a lien reflecting the amount of any such charges or assessments, together with interest, as aforesaid, which have become delinquent with respect to any Lot on said. property, and upon payment in full thereof, shall execute and file a proper release of the lien releasing the same. The aggregate amour-t of such assessments, together with interest, costs and expenses and a reasonable attorney's fee for the filing and enforcement t::-~ereof, shall constitute a lien on the whole lot (including any improvement located thereon), with respect to w}Zictc it is filed from the date the lien is filed in the office of the said County Recorder for Ada County, Idaho,. until the same has been paid or released as herein provided.. Such lien may be enforced by said Association in the manner provided by law with respect to lien 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 t he Declarant or of the. Association, as the case may be, of processing and if necessary, enforcing such liens, all of which expense, costs and disbursements and attorney's fees shall be secured by said lien, including all aforementioned expenses, costs, disbursements and fees on appeal, and such owner at the time such assessment is levied shall also be liable for any deficiency remaining unpaid after any foreclosure sale. No owner may waive or otherwise escape- liability for the assessments provided for herein by non-use of Common Areas of abandonment of his lot. 12 (44) The sale or transfer of arty lot or any other part of said property strall not affect tiie assessment lien. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the liening thereof. (45} The following property subject to this Declaration ~ha11 be exeript frcn- the assessments created herein: (a) all properties expressly dedicated to and accepted by a lcca'_ public: authority; (b) any other properties owned by the Association. (46) The Association strall prepare an annual budget which shall indicate anticipated managernerlt, operating, maintenance, repair and other common expenses for the Association's next fiscal year and wi-rich 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 raintenance and operation of common areas and improvements and may include, among other things, the cost of maintenance, management, special assessments, fire, casualty and public liability insurance, common lighting, landscaping, and care of grounds, repairs, renovations, and paintings to common areas, snow removal, wages, water charges,. legal and accounting fees, management, fees expenses and liabilities ir.-curred by the Association t_orm a previous period, and tiie creation of any reasonable conLingenry or other reserve fund, as well as all costs and expenses relating to the common area and improvements. (47) The Association shall be responsible for the repairs, upkeep 3r1C: maintenance, noimal servicing, gardening, rules and regulatiorZS for use, care, and safety, annual planting of flowers (if any), payment of bills. and related expenses for any Common Areas. The Directors shall become the Architectural Committee as provided in Para 33 u on the s of the last lot in any future phases of Chateau Meadows ast Subdivislo (48) The Board of Directors are empowered to obtain appropriate liability, casualty, fire or errors or omissions or other insurance to properly protect th.e actions of the Association or facilities maintained, owned or controlled by the Association as a cost to the Association. (49) Invalidation of one of these Covenants shall in no way affect any of the other provisions which shall remain in full force and effect. '3 1 A. Leor. Blaser, President STATE OF IDAHO COUNTY OF ADA ss On this ~_th day of ~ i~~%~ , 199 °, before me, a notary public in and for said S te, personally apaeared A. Leon Blaser, known to me to be the Pr sident of S. I. Development Inc, whose name is subscribed to the foregoing instrument, and ackrrowled~~ed to me that he executed the same .. ~ Residing a Commission Rescov /'~ Meridian City Council May 3, 1994 Page 10 Corrie: No, thank you Mr. Mayor. Kingsford: What is your pleasure? n Morrow: Mr. Mayor I would move we approve the final plat subject to the covenants - and restrictions being approved by Counselor, subject to pressurized irrigation and subject to the meeting of all the articles that Gary Smith has alluded to that are verbal that those accomplished and Shari's. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of Fieldstone Meadows No. 4 subject to approval of the restrictive covenants, pressurized irrigation and that the items in Mr. Smith's and Ms. Stiles be met as well as the verbal agreements reached with their engineer, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM # 9: FINAL PLAT: HAVEN COVE N0. 4, 46 LOTS BY S.I. DEVELOPMENT AND DAVID COLLINS: Kingsford: Council members do you have questions on that issue? Morrow: I have several questions concerning that. Again I would like to address my questions to Gary Smith. Mr. Smith in reviewing your letter, item 2 a roadway access to Dr. Coe Parker's property and the extension of North Clara Avenue and I note that there were several letters in this packet concerning that and the potential to landlock that property. There also as I understood it this was an indication before P & Z that it was to be done but there was a change between the preliminary and the final plat with respect to serving that property with a stub street. Smith: Mr. Mayor and Council members, Councilman Morrow, the preliminary plat on Haven Cove subdivision did not show an access into Dr. Coe Parker's property. The preliminary plat did show an access into the west into the Stonehouse Evangelical Church property which was deleted after I reviewed the preliminary. My comment was that it wasn't necessary to have that access into the church property so it was deleted. On the preliminary plat there were 3 points of access shown along its south boundary along Haven Cove subdivision south boundary. One access was into Tom Eddy's property which is immediately adjacent to the east boundary of Dr. Parker's. And that access was fairly close to Dr. Parker's common corner with Tom Eddy. There was another access shown farther to the east out of the south boundary of Meridian City Council May 3, 1994 Page 11 n Haven Cove and there was another access shown near the southeast corner of Haven Cove into what would be, I don't know if you are aware of Alloy Schelkeway's property out there he has a narrow easement lane that comes north off of Pine pack to his house, his property is right adjacent to the High Schools west boundary. In the process of the subdivision- review by the Highway District they eliminated the access into the Schelekway property and required the developer to construct a culdesac. I had requested that the access out of the west boundary of this Haven Cove property into the Church property because it served no purpose. And so that resulted in 2 access points then out of the south boundary. Subsequently the developer has proposed that a single access point be allowed into the Tom Eddy property farther to their northeast corner. Moving that previously located access at his northwest corner to the northeast corner. So, I felt and the developer and his engineer has agreed and they have submitted a revised final plat which we just got tonight but I have been in conversation previously that they will provide a stub access into Dr. Parker's property. Which would be an extension of North Clara Avenue as I had requested. So, Dr. Parker will have access through Haven Cove. Water will also access through Haven Cove, sewer is proposed to access in through the proposed Valeri Heights subdivision and we are all assuming that is going to go forward. Although it has been kind of quiet lately. Tolsma: The sewer that Dr. Parker was basically coming from Valeri Heights subdivision, but if the Valeri Heights subdivision isn't pursued then where will his water and sewer lines go? Smith: Well, his water can still come from Haven Cove, but the sewer is such an elevation it is awfully shallow there that I don't think it will serve into Dr. Parker's property and maintain a cover above the sewer line that we are trying to maintain to protect the lines. So, he will really need to go to the west. And really his property has always in my limited study of that area needed to be served to the west to Ten Mile Road. We have been fighting grade on sewer in Haven Cove from day 1. We have some less than minimum slope on sewer line out there. And it is basically on the down stream ends of the, except we do have some in #4 that are of minimum slope, but basically on the down, lower end of the sewer lines. And so we will be able to take advantage of flow, we will have more flow in those lines. Tolsma: Another thing you stated in there was the access back down to Cherry Lane off of Haven Cove is going to be on the northeast corner of the Eddy property. Smith: What item is that? Tolsma: It shows a separation from Haven Cove (inaudible) /'~ Meridian City Council May 3, 1994 Page 12 Smith: That is just the adjacent plat, Haven Cove #4 will have a stub street out of its south boundary into Tom Eddy property which will immediately connect, well it will be right near Tom Eddy's northeast corner and then it will immediately slink east into what is proposed as Haven Cove #5 and then that will continue to the south to Pine. So, then Haven Cove #5 has been submitted as a preliminary plat will have access off of Pine and will connect to Haven Cove #4. Tolsma: But then the East Clara Avenue goes back to (inaudible) Smith: Yes correct, it will be, well, I think the center of the street is about 125 feet east of this projects southwest corner. So, it is right at that southwest corner. Dr. Parker's property actually stands west, part of it is west of the west boundary of the Haven Cove. Tolsma: Just reading through the letters that Dr. Parker submitted (inaudible} agreed (inaudible) property. Smith: Right, it has been a somewhat constant item of discussion but I guess when it came time to review the final plat it was, I tried to make it as clear as possible, but that street needed to be provided and the developer and his engineer agreed. I think one reason that 1 kept pointing out to them is that originally there were 4 stub streets along, well 3 on the south boundary and one on the southwest corner and out of those 4 without the stub to Dr. Parker's property 3 have been deleted. So, I didn't feel that there was any particular problem requiring that this access be provided to Dr. Parker. Morrow: I have another question with respect to item 3, an adequate easement with more than 5 feet is needed for the irrigation pipes to be placed between Lots 14 and 15 and, Lots 33 and 34, has that been done? Smith: I talked to Dave Collins engineer for the project and he said that the pipes have been installed and that they will situate these in such that the pipes have adequate room. Morrow: And those pipes provide continuing flow to downstream users? Smith: Yes Morrow: Was the sizing of those pipes with input from the downstream users? Smith: I don't know Councilman Morrow, I would only assume that it was taken into Meridian City Council May 3, 1994 Page 13 account. Kingsford: I see a shaking of the head in the negative from the engineer. Mr. Collins is shaking his head in the negative, you didn't talk to downstream users on the sizing of the pipe. Collins: I used figures provided to me by Nampa Meridian Irrigation District, who knows totally what water is used downstream, rather than relying on downstream (inaudible). I have (inaudible} 150% of the discharge. Kingsford: Dave, would you come up so we have it on tape? Collins: What I do on these is go to Nampa Meridian and get what the diversion is plus the surge factor that John Anderson has assigned to that particular facility and I pass that amount of water through the check gate or through our subdivision. So, we have 100 minor inch water right on that ditch and we have a 150 minor inch capacity in our system. Morrow: Now, does that take into account how the downstream users use the thing. I have seen irrigation ditches where the capacity met all of the sizing requirements that the engineers used but in reality they didn't work because they didn't take into consideration how the downstream water users use the water. I think that is the intent in terms of getting some input from those folks, granted there are isolated incidences but I don't want the City to get in a position where we approve an irrigation piping based on information that comes from quote the books. And in reality if somebody had talked to one of the downstream users we would have found out that doesn't work. So, we have to come back after the fact and tear out pipes and put in drains and whatever to de-water the property or to prevent flooding or denying somebody their full head of water downstream. And so the point of the my question with respect to conferencing or at least talking to one of the downstream users is that you get a feel for the peculiarities of the system may be. That isn't something that John Anderson would know or anybody else, because once the water goes into the ditches that service the users, the irrigation district doesn't care. Collins: The system was designed with input from Tom Eddy who is on that same moon discharge and I talked with only one downstream user, he has got less than 5 acres down there. Most of the land that services is subdivided now so most of the water goes through to Settlers I believe, on down to the waste end of the ditch. Most of it is not used now, but it has been released in ditches and I have my system designed just piping the ditches basically where they were. The head gates I learned my lesson from Lounsbury are out on the street instead of on the lot lines so we don't /"1 Meridian City Council May 3, 1994 Page 14 /'~ need easements. We ran out to the street and then back down this way so we could have the gates controlled on the street rather than the rear yards and stuff like that. We have one diversion on site there which will probably never be used because it diverts over to the church and I think they buried their own little local delivery ditch about 2 weeks ago,. so they will probably never use the water provided to them. But the gate is there to provide it to them. And the rest of it flows through, it was used on the Stucker farm and of course. Mr. Stucker is not interested in any of that being provided anymore, then from there it all went downstream and that is what our pipe does. It goes to the ditch on Quan Do and it just goes back to its original configuration. Morrow: Another question for Gary, item 6, Haven Cove #3 subdivision, an adjacent plat subdivision is not recorded at this time, what does that mean for us? Smith: The only thing it means Councilman Morrow is that I do not have a plat of record on #3, although it is under construction right now. It is shown as an adjacent plated subdivision on #4 subdivision. The County Engineer won't let #4 be recorded until #3 is recorded anyway. Morrow: Is this kind of a technicality, is there Smith: Yes, it is a technicality. Morrow: And then #10, the double irrigation drain pipe, you indicated that you didn't think a 10 foot wide easement is adequate for an 18 inch pipe, a 15 inch pipe plus the stuff that is being requested by US West and Cable TV folk. Can you explain that? Smith: Well, recently I noticed comments coming back from US West requesting a 10 foot easement on each side of rear lot lines, our ordinance only requires a 5 foot easement on each side of rear lot lines. Typically most engineers and developers have been providing 10 feet on the rear lot lines that are also subdivision boundary lines. The interior rear lot lines though are the ones that apparently US West and Cable TV are having trouble staying within a 5 foot easement. And I think I can safely say that the way they plow those cables in they need that extra room. They run in anything but a straight line. Morrow: But that is a management point on there part isn't it? I Smith: It is Morrow: Why should we give them more easement for that so that they can do Meridian City Council May 3, 1994 Page 15 sloppy work? Is this easement that we are requesting here a greater width easement because of the piping, the irrigation piping? Smith: That was my concern yes. If you have the drunken sailor attitude plowing that cable and also have an 18 inch and 15 inch pipe I could almost guarantee that cable is going to be outside that easement, but again 1 talked to Dave Collins and he has assured me that the pipes, their location will be measured and the easement width will be appropriate for the pipes and the underground cable. We can verify that together in the field if you would like, I would be happy to do that to make sure it is. Morrow: I think that would be the case from my perspective. My last question is with respect to #12, Block 1 is to be a 20 wide common area lot with an underlying 20 foot sanitary sewer easement. Has that been done? Smith: Yes, he has agreed to do that. Morrow: I have no further questions. Kingsford: Counselor have you received the covenants on this? Crookston: If I have I haven't had an opportunity to look at them. Smith: They were just dropped to Shari tonight. Morrow: I have some questions for Shari also. Corrie: Mr. Mayor, before Shari gets up here, Mr. Collins have you seen Shari's comments? Thank you. Morrow: Shari, can you kind of take us through the .letter on where we stand. There are several paragraphs here that I would like you to review and let us know what the response has been to your questions. The preliminary plat, in the first paragraph, is 191 building lots, had 2 ponds one with an irrigation pump shown as lots, it now appears that there are a total of 194 building lots included in Haven Cove 1 to 4. I guess the question there is where did the other 3 lots come from? Is that what you are alluding to? Stiles: Mr. Mayor and Council members, Councilman Morrow, I was just making an observation from going back to the original plat, it has been many years since that preliminary plat came in and just noted that they did have 2 ponds and there were shown a total of 191 lots, but it looked like there were only 191 building lots. I was Meridian City Council May 3, 1994 Page 16 n just stating that now they had a total of 194 building lots. Morrow: Okay then item #2 is Lot 27 -Block 1 needs to be 8,000 square feet exclusive the sanitary easement, has that adjustment been made? (End of Tape> Stiles: Yes I received tonight a new copy of the plat that corrects that. Morrow: And then the third paragraph, will you review that for us please? There is only one way in and out, has that. been resolved. It says the P & Z originally approved of a preliminary with condition that after a 100 lots were developed a second street to Cherry Lane be provided, has that in fact been provided? Stiles: I believe it has through #3, however since it hasn't been recorded it isn't showing up on any of my maps. So, it still. appears that there is still the one entrance. Morrow: So, in reality is there one entrance or 2? Gary is signaling that there are 2. The fourth paragraph addresses the minimum square footage of the houses. Has that been taken care of? Stiles: It isn't on the copy that I received tonight, this is becoming a real problem with subdivisions that are zoned at another time and come in and they are still using the old ordinance requirements. Which makes it very difficult for realtors or anyone to look at the plat, and say how many square feet are we really supposed to have. And it is in our ordinance that it be required on all plats and I just want that noted on the plat for the record. Morrow: And you got the covenants and restrictions this evening which was the next paragraph. And then your final paragraph says that if plat is to remain as submitted I recommend it be rejected and go back through P & Z. If the plat is revised and addressed all the items noted above I recommend the plat be approved and subject to these and other staff and agency comments be met. Given the information tonight what is your preference? Stiles: I would recommend that if all of these things are taken care as well as Gary's concerns and other agency concerns then it be approved subject to those conditions. And also to the approval of the covenants by the City Attorney. Morrow: Has a large part of this information been provided to you just tonight, you have not had an opportunity to review the information provided. I reviewed it only when you were in executive session, but I have a chance to review and make known Meridian City Council May 3, 1994 Page 17 to the engineer what is required beyond what has been submitted tonight. Morrow: I guess my last question is, is the pressurized irrigation system is that in these subdivisions already we have talked about the ponds with the irrigation pump. Stiles: I wasn't clear about that, it seemed like it must have been originally proposed for pressurized irrigation but evidently it is not included now. I don't know what the original intent of the ponds was. It seemed to be an irrigation system. Morrow: Can you answer that Gary? Smith: Councilman Morrow, I don't recall when the preliminary plat was approved and I am assuming we would need to look at some dates as to when the pressurized irrigation was required verses when this preliminary plat was approved. I don't recall any details being submitted previously on pressurized irrigation and I'm not sure whether they have been paying the well development fee. Collins: I don't recall accurately whether this was required to have pressurized irrigation, if it was my recollection is that the developer wanted to pay the fee into the City for the' development. The well indicated was a site, I had indicated for a City well, for a City domestic well that is what the well was. As far as the ponds those were proposed drainage ponds which I put in the preliminary when I got in final design with better survey information. I was able to eliminate those ponds which I am more than glad to do because they were a hazard and a nuisance. That is why the ponds went away, the well was supposed to be a City well but your geotechnical consultant indicated it was too close to another existing City well for a site so we deleted that. But the developer, I don't remember whether he is paying on this one (inaudible) but it is one or the other. Kingsford: I think Mr. Smith's comments there with regard to researching some dates is probably appropriate. My recollection is that it came before our ordinance for pressurized irrigation, but I could stand corrected. In any event it probably ought to be paying the well fees at least on the phases that have come in since it has been in effect. Smith: Could I add one more comment, we have a little bit of a problem with the sewer easement and taking care of a sewer easement in Haven Cove #1. And I met in the field with the engineer Dave Collins and the developers representative, Wright Construction and it had to do with taking care of the sewer easement in #1 subdivision that was previously agreed to between the developer and myself which was not taken care of. And I was very unhappy with the whole situation and 1 told Meridian City Council May 3, 1994 Page 18 /'~ the developer and wrote a letter to the effect that I was withholding any further building permits in Haven Cove subdivision until this was taken care of. I met with those people at the site and we reviewed the situation, I subsequently wrote another letter and I condescended on a couple items to allow the homeowner to utilize the lot °-' as they desiie but also to protect our sewer easement and our access to our sewer line. I have not heard from anybody since that time. So I would request that the approval of Haven Cove #4 be conditioned upon satisfactory completion of the requirements that I outlined in my letter to the developer on #1 for protection of our sanitary sewer easement. I can guarantee to this Council and Mayor and any developer from this point forward that there will be no sewer lines placed in easements. Morrow: I think I would support that but it seems to me from the City Council or at least my standpoint I would be more comfortable tabling this until that in fact had been done. And if for no other reason than expression of support for the staffs position so that these things get accomplished in a timely manor. The other thing is I am a little uncomfortable with submitting the information during an executive session and expecting our staff to reply and put them on the spot and answer these questions and say yes at first glance it appears to be fine. So, that is a point of discussion is all. Kingsford: Any other comments Council? Corrie: I agree with Walt 100% that if we are still talking about subdivision #1 not meeting your specifications, here we are in number #4 I don't think we should do anything until it is done. So, I would support the table motion if you want to put it forth Walt. Kingsford: Other discussion? Morrow: If not Mayor, I would move that we table the Final Plat of Haven Cove #4 until the problems with #1 are resolved. Tolsma: Second Kingsford: Moved by Walt, second by Ron to table Haven Cove subdivision #4 pending resolution of the problems of Haven Cove subdivision #1 with regard to sewer easement, all those in favor? Opposed? MOTION CARRIED: All Yea /'~ Meridian City Council May 3, 1994 Page 19 Kingsford: Mr. Collins Collins: If I may address the Council, the legals for correcting the easement difficulty in #1 are in preparation now, being reviewed by my lawyer before presenting them .n: to your attorney. One is the City relingt~shing part of -the easement-~o the- --- -- homeowner. The homeowner giving more easement to the City and those have to be reviewed by him. So, that is in preparation and review now and should be done Thursday. The other thing we weren't expecting to put staff on the spot this fax of afl this information to me has May 2, 1,4:36 hour on the top of it so, I didn't really get where I have a whole lot of time to work on it. Although the major issues on #4 were rectified with Gary about 10 days ago and we have been working to revise our drawings. ITEM #10: WATER/ SEWER/ TRASH DELINQUENCIES: Kingsford: This is to inform you in writing, if you choose to, you have the right to a pre-determination hearing at 7:30 P.M. May 3, 1994 before the Mayor and City Council to appear in person to be judged on the facts and defend the claim made by the City that your water, sewer, and trash bill is delinquent. You may retain counsel. This service 'will be discontinued on May 11, 1994 unless payment is received in full. Is there anyone present who wishes to contest their water, sewer and trash delinquency? They are hereby informed that they may appeal or have the decision of the City reviewed by the Fourth Judicial District Court, pursuant to Idaho code. Even though they appeal their water will be shut off. The amount of the turn off list is S 11,201.78. I would entertain a motion to approve the turn off list. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to approve the turn off list, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: APPROVE BILLS: Tolsma: So moved Yerrington: Second l'1 ~. MERIDIAN CITY COUNCIL MEETING: Mav 3 1994 APPLICANT: S.I. DEVELOPMENT AND DAVID AGENDA ITEM NUMBER: COLLINS REQUEST: FINAL PLAT: HAVEN COVE SUBDIVISION NO 4 A EN Y CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" COMMENTS ~~ ~~ ~~~,~ ~ 1 ~~~~ ~- ~~~Q~~~ S~~e ,~ti CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: . , ~~ ~- MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS ~r'~ MERIDIAN POST OFFICE: ~ ~ ~`" P ~,~ ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: y~l,~,o.d ~I'Zq'94 NAMPA MERIDIAN IRRIGATION: y~ ~s'2.-9C~ SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • ~~~ J ~~ fi ~1/~ ~'Q ~tiV ~~ ri " HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICEL.GASS,CityTreasurer CITY OF M GARY D. SMITH, P.E. City Engineer ERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST' IDAHO. KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 W.L. BILL GORDON, Police Chief , . WAYNE G. CROOKSTON, JR.,attomey Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor ~~.~'~"> COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEj~~gP,~IE1K~ PROJECTS WITH THE CITY OF MERID 11~~'~/ ~ fit' ~~~~:~,',I.~r: To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: Aari126 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5!3/94 REQUEST: Final Plat for Haven Cove No. 4 BY: S.I. Develoament Inc._and David Collins LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 3 JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C -BOB CORR1E, C/C -WALT MORROW, C/C MAX YERRINGTON, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT -POLICE DEPARTMENT 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 RECLA TION(PRELIM 8t FINAL r CITY FILES ~ ~~ OTHER: ~ YOUR CONCISE REMARKS: ~ ~ HUB OF TREASURE VALLEY OFFICIALS p Good place to Live JANICE L. GASS, City Treasurer l R , ~ S CITY OF MERIDIAN Engineer E.Ciy TH P SMI GARYD BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO- JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR.; Attorney phone (208) 888433 • FAX{208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEI RONALD R. TO MAX YERRING ROBERT D. COf WALT W. MORR SHARI STILES Planner & Zoning Admin JIM JOHNSON Chairman -Planning & Zc 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 City Council, may we have your answer by: April 26 TRANSMITTAL DATE: 4/19/94 HEARING DATE: 5/3/94 REQUEST: Final Plat for Haven Cove No. 4 BY: S I Development Inc and David Collins LOCATION OF PROPERTY OR PROJECT: South of Haven Cove No. 3 JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C _MAX YERRINGTON, C/C . WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT). CITY FILES OTHER: YOUR CONCISE REMARKS: ___ ASR 1 9 ~~~`~ (/~_ b '~- V~~ M .nc . :~c oliins ngineering " ompany, Inc. 3350 Americana Terrace Boise, Idaho 83706 (208) 344-4451 STATEMENT OF COMPLIANCE AMID COI\~E2MANCE FOR HAVEN COVE No. 4 David M. Collins, P.E./L.S. 15 February 1994 The final plat of Haven Cove No. 4 has been prepared in substantial compliance with the approved PRELIMINARY PLAT OF HAVEN COVE subdivision and meets the conditions and requirements of the preliminary approval; it conforms to the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering and surveying. The proposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with all relevant City ordinances and requirements in connecting to City services. All appropriate- easements have been. provided and street names will appear as approved by the City and/or County Street Name Committee. All streets and related construction will be built to the standards of the Ada County Highway District and any relevant City ordinances . ~~~~r;619tEe ,~ 4~ ~" ~ s t~,~ fo ~, .• ~I ~~ . uvnoe~uirc Nmarnn~Y HIGHWAYS CIVIL ENGINEERING LAND DEVELOPMENT SURVEYING PLANNING ------v A t -, „~~ .. ~, ,. *. f'~~F ~:J13}~1~'1 ` ],:~1. l,}'} ROVAI^ Y ~-. }'12J:L]t~~It'Af~' }'l.~A'J' AND/OR Fl~JAL PLAT F1IANNING ANll ZONING COP'1JdISSlON T1ML•: 'TABLE FOR SUBMISSlOtd: 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 'Coning Commission will hear the request at the monthly meeting following the month t}-ie 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. 4. Applicant, Same as Owner. Address, 5. L'ngineer, David M. .Collins Firn,Collins Engr.CoAddress 3350 Americana Terr. Ste.120 zi.p 83706 Telephone 344-4451 Address 3350 Americana Terrace Ste. 10,0 z.ip 83706 Telephone 385-0558 _^ GENERAL INFORMATION: 1. Name of Anner.ation and Subdivision, Haven COVe No.4 2. General location, N. ~ " Of Section 1_ 1L T.' 3N. ~R~_1W. _ 3. Owners of record, S.I. Development Inc. 6. Name and address to receive City billings: Name S.I. Development IriC. _ Address__3350 Americana Terr. Ste.100 zip 83706 Telephone 385-0558 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 11.2022 2. Number of lots 46 3. Lots per acre 4.1063 ' 9. Density per acre 4.1063 5. Zoning classification(s) R-4 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, 4~hat is the existir~y zoning classification N/A 7. Does the plat border a potential green belt No. 8. Have recreational easements been provided for _J~To. 9. Are there proposed recreational amenities to the City No. Explain 10. Are there proposed dedications of common areas? No. Explain For future parks? No. Explain ~~~ __ _ . s '~cQULS'1' F'01; }~P~:1,]f•iINnR'~' }'CA'I': ]']aruiiny acid Coning Conunission continued ~ ~ Page 2 PR1rLIMINARY PLAT CrIECKLIST: Subdivision features continued 11. What school(s) service the area Meridian do you propose any agreements for future school sites No. Explain 12. Other proposed amenities to the City None Water Supply City Fire Department Meridian Otlier None. Explain 13. Type of Building (Residential, Commercial., Industrial or combination), , Residential. 19. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other -Si ng] P-Family 15. Proposed development features: a. Minimum square footage of lot(s), 8,000 S.F. Min. b. Minimum square footage of structure(s) c. Are garages provided for,_ yes ___^square footage variable <]. Tire oti~er cc~veri.rirJs provided for-___ _NO•~ ,_.__. --- e. Landscaping has been provided for. NO. Describe f. Trees will be provided for Yes. 'T'rees will be maintained Homeowners ssocia ion. y. Sprinkler systems are provided for Yes. h. Are there multiple units No. Type remarks i. Are there special set back requirements Npz , Explain ____ j. Has off street parking been provided for yesi Explain 2 spaces per lot. k. value range of property $ 85,000 to ~ 120,000 + 1. Type of financing for development Conventional. m. 'Protective covenants were submitted Yes, Date Submitted with 16. Does the proposal land lock other property NO. ~ prevoious phases. Does it create Enclaves ~]p, STATEMENTS OF' COr•1PLIANCE 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County ]]ighway 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 Dleridian Comprehensive Plan. (2) :s ::~~UL;:;'1 1~~iik PFtL;Lll•;INARY FLAT ` Page .3 ,~.t'`~% ~ 1 \ ~~ ~~~ STATEA7ENTS OF COMPLIANCE: Continued ' ~r_~ 3. Development will connect to City services. .~ 9• Develo ment wi p 11 comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6• St1 cet r~rames must nc~t. conflict ~+~ith Ci t.y grid system. 9-604 R PRE-APPLICATION PIEETING The developer shall meet with the Administrator prior to the submis- sion of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effect of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commis- sion or Council prior to submitting an application. -60`} ~. PRELIMINARY PLA"T 1. Applicatiosr - T'he applicant shall file with the Administrator a complete subdivision application form and preliminary plat data as required in this Ordinance, not less than thirty (30) days prior to the Commission's public hearing. The Commission will not schedule any hearing or workshops or put the application on the agenda unless t}~e above conditions 1~ave been met. 2. Public Hearing to be Held P_rio_r_ to Subdivision_ Plat_~roval - A public hearing shall be held at the tune of presentation of the preliminary plat by the developer to the Conunission for' the purpose of allowing public int~ut on the proposed subdivision. 3. Combining Preliminary and Final Plats - The applicant may re- quest that the subdivision application be processed as both a preliminary and final plat if all of the following exists: a. The proposed subdivision does not exceed four (4) lots; b• No nev street dedication or street widening is involved; 4, c• No major special development considerations are involved, such as development in a floodplain, hillside development or the li}te; and d. All required information for both preliminary and final plat is complete and in an acceptable form. A request to combine both preliminary plat ar~d final plat into one application shall be acted upon by the Commission upon recommendation by the AcLninistrator. - (3) Key Bank of Idaho Commercial & International Services ~NK 702 West Idaho Boise, ID 83702 KEY BA.V'K.OEIOAHO NEV BANK OF ID4H0 KEY BANK OF IDAHO NEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KE5' BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK Of IDAHO KEY BAM1'K Of Io 2 t C. _ _ O n m ECEMBER 20, 1994 Z ° ° WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 21-1462 IN o FAVOR OF CITY OF MERIDIAN, 33 EAST IDAHO AVENUE, MERIDIAN, IDAHO 83642, FOR THE z ACCOUNT OF A. LEON BLASER 8r. TERESA A. BLASER, h/w, AND BRUCE W. BLASER ~ ° ANNALEE H. BLASER, hiw, 3350 AMERICANA TERRACE, BOISE, IDAHO 83706, UP TO THE AGGREGATE AMOUNT OF SEVEN THOUSAND TWO HUNDRED AND NO/100 U.S. DOLLARS o ($7,200.00} AVAILABLE BY BENEFICIARY'S DRAFTS DRAWN AT SIGHT ON KEY BANK OF IDAHO , -702 WEST IDAHO STREET, BOISE, IDP,HO 83702, AND ACCOMPANIED BY THE DQCUMENT(S) _ ° SPECIFIED BELOW: L 1. BENEFICIARY'S SIGNED STATEMENT BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF M ERIDIAN CERTIFYING THAT QUOTE, THE DEVELOPER HAS DEFAULTED RND ° FAILED TO PERFORM COMPLETION OF THE FOLLOWING IMPROVEMENTS AS REQUIRED IN THE DEVELOPMENT OF HAVEN COVE SUBDIVISION: z '~ r STREET LIGHTS $ 6,000.00 FENCING 1.200.00 1- TOTAL $ 7,200.00 UNQUOTE PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL ° ~ - LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. x ° _ TH15 LETTER OF CREDIT IS EFFECTIVE DECEMBER 20, 1994. o _ Y WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT RLL o DRAFTS DRAWN UNDER AND INCOMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET ° WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS o SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING, 702 WEST IDAHO STREET, ~ o BOISE, IDAHO 83702. s THIS LETTER OF CREDIT EXPIRES DECEMBER 18, 1995, AT OUR COUNTERS. o ALL BANK CHARGES OTHER THAN THOSE OF KEY BANK OF IDAHO ARE FOR ACCOUNT OF Z BENEFICIARY. o 1 EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE ° UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500, WHICH IS INCORPORATED o INTO THE TEXT OF THIS LETTER OF CREDIT BY THIS REFERENCE. 0 c KEY BANK OF IDAHO a _ ° - Z j s A T ORIZED SIGNATURE s _ 0 a o %Ntl 8 A3% OHVOI i0 %NV8 A3M UHk4130 %NVfl {3% OHY(11 i0 %NYB A3% OHV(71 i0 %NVB Ai% OHYOI i0 %NYB A3% OHVQI i0 %N'Vfl A3% OHt01 i0 %Nt8 A3% OHti01 i0 %NY8 A3% OHt01 i0 %NVfl {i% OHV01 i0 %NYB Ai% OHY a 41 i0 % H . THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND NVB A3% O Member FDIC PRESENTATION DATE AMOUNT IN FIGURES AND WORDS NAME, STAMP AND SIGNATURE OF BANK OTHER ANNOTATIONS OF THE NOMINATED BANK: Key Bank of Idaho Commercial & International Services ~~u 702 West Idaho ~` Boise, ID 83702 KEY BANN OF IDAHO KEY BANK OF IDAHO KEY HANK Of IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF I DAHO KEY BANK OF E ~ ` ~ 'x o o ~ _ C N t ~ ~ ~ L ¢ O '-'MO L 2 O ~ V # . p U C d y O :~ ~ O o JULY 26, 1995 n y y U a w (j .o ~ F ~ ~a w E C U E o WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 21-1525 IN FAVOR a o ~ ~ OF CITY OF MERIDIAN, 33 EAST IDAHO AVENUE, MERIDIAN, IDAHO 83642, FOR THE ACCOUNT ° = OF A. LEON BLASER & TERESA A. BLASER h/w AND BRUCE W. BLASER & ANNALEE H lESER g , , . , h/w, 3350 AMERICANA TERRACE, BOISE, IDAHO 83706, UP TO THE AGGREGATE AMOUNT OF ~ s FOUR THOUSAND AND NOl100 U.S. DOLLARS ($4,000.00) AVAILABLE BY BENEFICIARY'S DRAFTS t ~ ~ ~ DRAWN AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, BOISE, IDAHO 83702, AND T N ~ ~ ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW: a ~~= ~U x ° p 1. OLIV ~E"1l.ll`1f1~ J-J Y/-11 ~"' `'"'~ "' ''GPviuvT ;,~;;y~SEu ~'~" Aiv i~uT-ivnZcii ~icrrrttSEIV (l~1I IV'E UI` i'HE CITY OF MERIDIAN CERTIFYING THAT QUOTE, THE DEVELOPER HAS DEFAULTED AND FAILED O 2 TO PERFORM COMPLETION OF THE FOLLOWING IMPROVEMENTS AS REQUIRED IN THE a x bEVELOPMENT OF HAVEN COVE SUBDIVISION #4: ~ o z 0 1,400 FEET OF FENCING ~ 2,000.00 SQUARE FEET OF PAVING, UNQUOTE. s PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. ° Y ~ THIS LETTER OF CREDIT IS EFFECTIVE JULY 26, 1995. a WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS SPECIFIED TO KEY o BANK OF IDAHO INTERNATIONAL BANKING 702 WEST IDAHO STREET BOISE IDAHO 83702 Z , , , , . r THIS LETTER OF CREDIT EXPIRES JULY 26, 199€, AT OUR COUNTERS. ~; ALL BANK CHARGES OTHER THAN THOSE OF KEY BANK OF IDAHO ARE FOR ACCOUNT OF Z A BENEFICIARY. o s a ~ EkCEr i AS OTi-iERWISE PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM ° € E CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, INTERNATIONAL w D ' ~ CHAMBER OF COMMERCE PUBLICATION NO. 500, WHICH IS INCORPORATED INTO THE TEXT OF «E° 3 ~ ~ ~ o THIS LETTER OF CREDIT BY THIS REFERENCE r . aoa n °- ~ 0 rn~ w y < U C N Q ~` ° ~ ~~ - - KEY BANK OF IDAHO ~°_ ~~a ~o~ o x ~ / a P ~~~ °. ~ ~ ~, .~ - w _ ~ _y~ ~- , i~mE < AUTHORIZE GNATURE ALIT ORIZED SIGNATURE a m ~~~ ~ /~ W CUV w ?O? 1 v ~ N _ ~ N 3 O ~ w j C p_ ~ r E c ~ xom < m O m ._ o W d ~ a N ~ < ~ A U a `o F o _ ~ a o 0 XNYfl A3M OHYOI i0 Y~.VYfl .l3N OHY(It BO NNYfl A3Y OHYQIlO:AN'Yfl A371 QHYOI f0 MNYfl A3M OHYOI BO xNYfl A3M OHYOI !O NNYfl A3M OHYOI f071NV6 A3M OHY011071h'YB A3N OHY0110 MNVB A3% OHYDI f0 MNYfl A3M OH YDI 30 MNVB A3M OH THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member FDIC PRESENTATION DATE ~ AMOUNT IN FIGURES AND WORDS ~ NAME, STAMP AND SIGNATURE OF BANK OTHER ANNOTATIONS OF THE NOMINATED BANK: