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Tarawood Subdivision FP 00-004 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY ~ . A Good Place to Live CITY OF MERIDIAN CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless ~, 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Cierk Otfice Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-201 PUBLIC WORKS BUILDING DEPARTMENT (308) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (308) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Gen-26 PP/FPlPFP-31~.Z-27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) . Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department Ada County (Annexation} Your Concise Remarks: ,/j/O /~li~nAr~S 'y l ~ g,~c~~D APR 2 0 2000 CI'I~' 0~' NTERIiIIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall .Attn: Will Berg, City Clerk, by: April 26, 2000 Transmittal Date: April 13, 2000 Hearing Date: May 2, 2000 File No.: FP 00-004 Request:. Final Plat approval of 12.801 acres with 32 building lots and 5 other lots in an R-4' and R-T zone for Tarawood Subdivision By: Michelangelo Investments, LLC /Frank Stopello Location of Property or Project: portion of the N 112 of sw 114 Section 20, T3N, R1 E Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C ~/ Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner RECEIVED APR 1 8 2000 Meridian City Water Superintendext '.~ t~ r° Meridian Planning arming Commission Special Meeting: August 31, 1999 ~ k Page 40 . f Barfeiro: Excuse me with inclusion of the modified site plan as offered by Johnson Architects today. De VVeerd: Just to reference,staff comments number 7 with a 35 foot landscape strip that the 19 foot would be acceptable with some additional plantings working with staff and with staff approval. . Barbeiro: I concur. S. ~,.. , 'Borup:. Okay add that to the motion. Hatcher: In addition on the motion;: I think it needs to be clarified that upon coordination with staff, if a lift station is installed to temporarily provide sewer to the northern line that upon- installation of utilities in the future Freeway Drive that this project be switched over to gravity fed and t~ __~_ e_ __T~~ ~:~._y._~:___~ ___~.__.~.......,__~ _ r Barbeiro: I concur c~~'~,~(~1/~?)?~ De Weerd: So hay ~~~Z~~ Borup: Now we hi' ~-1 ~ .~ MOTION CARRIEI ~~ Borup: Okay. Tha a five minute breal 1 JTEM NUMBER 8~ FOR TARAWOOC~ . SOUTH OF LOS ~ ill that. cussion. All in favor. f ~, ItLwould be a good time for ?ONING OF 12.801 ACRES VESTMENTS, LLC- ROOKE HOLLOWS: Borup: We would like to reconvene the Meridian Planning and Zoning Commission meeting. Brad. ~. Hawkins: Commissioner's, again I'd like to address comments to both the annexation application and preliminary plat together. The first annexation application they requesting a rezone from the current county rural transition to an R-4 zone. This is the site here in the middle. 1t is bounded by R-4 on the east with the proposed Thousand Springs Subdivisions. On the north with existing Los Alamitos and on the south by the proposed Sherbrooke; Hollows, which does have some construction begun on the south but not adjacent to this site. It is more or less an in fill subdivision. The location is access would be taken off Locust Grove to enter the site. The more specific detail of the plat is here. You should. have in your packets a response from Briggs Engineering to our staff comments. The principle concern if you read that is the proposed pedesfrian pathway~that staff would like to see here on this far east boundary. It is a,n on going issue as you know with Nampa Meridian Irrigation District in terms of access. In their s Meridian Planning an~ning Commission Special Meeting -~ August 31, 1999 Page 41 ~ ` `dedicated°easements for the Ridenbach Canal. I guess more or less the philosophy here is to meet Comprehensive Ptan to encourage pedestrian pathways. There is not currently on the proposed Thousand Springs a connection, but if you don't build it now it is not going to happen in the future and that is the reason for asking for an adjustment here to get. an easement; Exactly where, I guess we felt between lot 7 and 8 would be the most appropriate'to access and then potentially, come down south. There is an existing easement'in Sherbrooke Hollows on the south here which also leads to the Ridenbach easement. Other then that we do ask that the staff comments be incorporated. Thanks: Borup: Any questions for Brad at this point? Is the applicant or their representative here this evening. Bocutt: Becky+Bocutt, Briggs Engineering, 1800 W. Overland, Boise. i am representing the applicant in this matter. What we are bringing before you as Brad indicated, it's an in fill parcel. It is developed on 3 sides. We are requesting an R-4 zoning designation which is consistent with Los Alamitos, Thousand Springs and Sherbrooke Hollows. We have 32 buildable. lots in this project on approximately 12.8 acres. Our density is 2.5 dwellings per acre. The project will be accessed through existing stub streets. There are 2 existing stub streets coming out of Los Alamitos. There on easy jet. They were stubbed to this property. In the Sherbrooke project we put that-stub street there and I believe that is constructed because-that is in Phase 2. The stub streets and the sewer and the water are available to ahis .site. We have the Ridenbach Canal on our east boundary on the west boundary we have the Nine Mile"drain. We concurred with staff comments and conditions with the exception of sites specific number 5 as stated by Brad where staff is requiring pedestrian separate pedestrian lots on each east and west . end of the property leading to the drain and to the Ridenbach Canal. One thing I'd like. to show you first of all, this is the subject property here. This is a map that I did for Sherbrooke Hollows at the highway district to,show all the linkages we have with public streets. All the streets are outlined in the green. This right here is the subject property. The lot lines are not reflected but the,street connections are very similar. This was drawn prior to that preliminary plat. As you can see with this linkage here, this leads through public street with 5 foot sidewalks both sides to a vehicular bridge across Ridenbach Canal and makes a connection to Thousand Springs Subdivision. With this vehicular connection where we have ACHD public bridge, 5 foot sidewalks both sides, we will _have our pedestrian connection. Also, if you come south out of this project in to Sherbrooke Hollows we have a designated pedestrian pathway. It is paved up to the edge of the easement for Nampa Meridian Irrigation District. This property has trust funded for half that pedestrian bridge and the Thousand Springs project will be trust funding for the other half. Those monies will be with Ada County Highway District and the bridge`Pthe pedestrian bridge will be constructed as soon as Nampa Meridian Irrigation District gives their approval. Some of the members here are new, so I might explain Nampa Meridian Irrigation District's position. They have basically fought us on any pedestrian connections along their right of ways or easements. There has been. a agreement in the past few months I believe for pedestrian access along a particular drain. Mr. Borup may be able to comment on"that.That was not one of my projects. ''I ;~ Meridian Planning an~ning Commission Special Meeting• August 31, 1999' Page 42 .believe he has some details on that. However, on live canals or laterals, they have granted. us any pedestrian access. That doesn't mean that people don't jog on them, walk their dogs, ride their bikes., Yes,.that still happens but according to Nampa Meridian Irrigation District, if we designate these as pedestrian pathways then we are encouraging people to use their easements or their right of ways. They feel that they have a liability and according to their board of directors, I went before their board on these pedestrian bridges with Thousand Springs, and their board and their attorney made it quite clear until Nampa Meridian Irrigation District is in indemnified by the city of Meridian in same type of agreement, we will not allow these accesses. If this body or the staff imposes a condition that says you shall provide pedestrian access Nampa Meridian will not allow me that connection. So they will go nowhere. My point with this. map is, we've all ready got these designated areas. 1 think we should try to coordinate them and combine them. We don't want kids having multiple points of access to these water ways.. Yes, they can be used for recreation but they are still a danger. If,we'can` control the access, I believe that is the best approach from a planning perspective. With the linkages, public street linkages and,our sidewalks and this connection here, in the future I think it is satisfactory. That is why we disagree with staffs condition. De Weerd: Becky while your up there, can you point out, I understand there is some open areas or park land. Can you point those out. Bocutt: Yes, I highlighted right here in yellow. This is 54 acres that has been purchased by the Meridian School District for a future high school with a collector that `. wilLcome off Overland Road°for access to this-site. There is 4 acres right here in the southeast corner that-was deeded to the City of Meridian by G.L. Voight Construction about.3 years ago. 2.3 acres were deeded to the City out of Los Alamitos and then with Thousand `Springs number 2, this was deeded on the plat to the City of Meridian and T that is about 2.4 acres. This was designated for a future park site or elementary school site. -That was what was debated when this project came through the process and Los Alamitos... Since the city has ownership, there has- been talk by the school district that they believe that will end up being a city park. They are looking for other property in the vicinity for a future elementary school out in this area. The only portion that is not owned by the city is this little portion here that I dashed in yellow, they would like to get possibly another 4 acres here to kind of square that parcel up. This property is not i'° developed at this time. The city has made it quite clear to the property owner and people that have optioned the property, that they will be expecting this little area to be put-with this-property for the park site. A gentleman lives here on Eagle Road, I think lie is with the Lyons Club. He was asking me questions about going in and improving this. l don't know if Tammy knows anything about it on the Parks Department or the committee, he discussed'that the Lyons Club would go in and make some improvements and try to get that park in service. De Weerd: Was that Gordon Harris in Kiwanis? Bocutt: Yes. Okay Kiwanis that was it. Lyons, Kiwanis close. ~ Anyway, he indicated that they'd like to make some improvements and get some donated- time from d.'4 Meridian Planning an~ning Commission Special Meetinc,~ August 31, 1999 Page 43 ` contractors especially where they have contractors in the vicinity on the adjoining subdivisions. While those guys are out there, maybe get the properties leveled and see what other donated time could be rounded up. Lastly, as far as compatibility, the densities in this particular project are consistent if now a little bit lower than Sherbrooke Hollow's and Los Alamitos. The lots that adjoin our northern boundary here-the smallest is 8400 square feet and they are probably ranging 84 to 89 hundred square .feet. They are a little bit larger over here, but as you can see the way we designed this with the two culdesacs coming up, we have minimized the number of lots backing up to these existing developed lots. Our lot sizes range from 10,800 square feet here, we've got one that is 10,100 all the way up to this lot here is 23,900 square feet. I do have one smaller lot that is 8528 but its side lot line abuts this lot one on the corner of Goldway and Easy Jet. We are pretty much in the ball park if your averaging out our lots are probably a little bit bigger cause we are averaging more toward the 10's and 9,000 square feet. That concludes my presentation. Do you have .any questions. Borup: Commissioner's? Hatcher: The only question that I've got is maybe addressed back to you and that's what Becky brought up in regards to this on going. dispute as to the irrigation canals- . access or no_ access. I know that Meridian has been in the works'for some time trying to create green belts for lack of better words, on some of the main fringe canals, but yet I also know that--1 know exactly what Becky is talking about. Where has the city gone %with that. ~ . Borup: I don't know if I am a good one to talk about that or not. It has been in the Comprehensive Plan since the Comprehensive Plan was developed. At this point, the only one I am aware of is the Fathergill Greenbelt. The city and Nampa Meridian did come, to an,agr`eement and have a agreement signed on that project. I really feel its - we've accomplished it once. "Hatcher: Would it establish a precedent for future - Borup: J would hope so. Where we can go from there I don't know. We need to get our foot in the door at least one other area. Hatcher: Steve, da you have anything else to add to that? Siddoway: Mr. Chairman, Commissioner Hatcher, 1 only know that Nampa Meridian has had issues based on liability and°fears of trash being thrown into'their live irrigation ditches. I know that as staff, we feel strongly that they need to be encouraged and we want to see them developed in the city. The issues with Nampa Meridian has been a road block and I do not know of wholesale solutions to that at this point. Borup: Commissioner Barbeiro has a question. Barbeiro: What is block 1, lot 1. Meridian .Planning anr~ning Commission Special Meeting August 31, 1999 Page 44 ~ _ Bocutt: Block,1, lot 1 is a portion of this property but it's an unusable portion. It was intended~for access into the parcel through an existing easement. As you can see, this property is land. locked until these stub streets were provided. It did have 3access through an easement off Locust Grove. I think Mr. Stepello could probably tell you the long history on that but it is not a usable parcel. Our recommendation to him was that it be platted as a separate non-buildable lot and then if an adjoining property owner could utilize that area, that would probably be the best use. We do not intend to landscape it. It is next to the drain too. The drain running or are adjacent to it. Barbeiro: And for--the record, 'f belong to Kiwanis. De Weerd: Becky, how would you maintain that lot? Bocutt: That lot 1?~ Our intent is to leave it in its natural state. It's taken up by part of the drain and the access road along the drain. Some of its-the use like I -said is to make an~arrangemenf with the adjoining property owner because their the one that can use it. Lot 3 really. couldn't use that area. It's 57 feet wide and it runs back a couple hundred~feet so it's just kind of like a little access corridor that was created years ago. It is parf:of.this property so we can not exclude it from the plat. Something has to be done with it. Freckfeton: Becky I was just wondering, could that be split into 3 different parcels and then deeded to each of those 3 adjacent property owners instead of having it one piece and letting them just occupy it. Bocutt: Possibly if the city would consent to that. If it is just one lot I don't know if Gary would allow us to do a property boundary adjustment where we were segregated into 3 parcels. If it is anon=buildable lot anyway, I don't know what the harm would be. I guess you'd have to consult with the (inaudible). Freckfeton: It would be a .better way to clean it up it looks like. (inaudible audience discussion) Borup: -Becky I think you are saying that at this point the developer would not be maintaining that lot: When you say natural state that means a weed patch. Bocutt: Correct. 1t would°not be manicured. We hope to make arrangements. Mr. Stoppello has been working on-that. Borup: It sounds like from that standpoint trying to deed that to those three lots would be preferable in the long run to the applicant too. Meridian Planning an~ning Commission Special Meeting August 31, 1999 Page 45 Bocutt: We have an option 1 believe of going to the west.- I think that's what this gentlemen-he has shown some interest in it. We have looked at that option. Going with lot 3 makes no sense. Manicuring that area does not make any sense either. Borup: Don't you have a canal between that and the property to the west? Bocutt:` There is a drain running through there. I believe this gentleman can explain why he would want that. Borup: We will have a chance to do that, right now. Any other questions for Becky. ' Sir would you still like to comment. Babitt: I am -Gene Babitt. 2570 S. Locust Grove Road. I own the drain ditch-the 50 foot of the.dr•ain ditch. Mike the gentleman right over here owns the ground on the other side, the'west side of it. What I would recommend is the developer deed that ground to him and 1'll work out a deal with Mike to give him that 50 foot and that will end the problem so simply that there won't'be no`problem. Borup: Have you had a chance to talk with the developer. Babitt: He never comes around. I know what your saying. I'd be glad to talk to him. Definitely. Borup: Te{ephone's work real good. Babitt: Yes, but it is a two way street. Borup: Okay any questions for Mr. Babitt. Anyone else here to testify on this application. . Suitor: My name is Mike Suitor. 2620 S. Locust Grove. Like Gene, our neighbor said, where thafinorth figure is the end-that is our property. Then you have Gene's 50 foot and then Franks number 1 lot: Frank has used an easement through our property to get , to his (inaudible) for agricultural purposes. Our statement is that the first I heard was when Gene just mentioned about Mr.iStopello deeding over the land or however lot 1 to me-it's the first I heard of that, but the reason I am here is that the easement is used for agricultural purposes. With a three new accesses through -2 through Los Alamitos and 1 through Sherbrooke, we would like to see no construction or development traffic down that easement at all. We don't feel there is a reason or need for that since the accesses will happen. We were worried that'with his personal easement that we did not want that to go to any landowner, -let's say lot 3 or whatever or a home owners association would that easement become defunct: I am not sure how much you have access over that but we just wanted to state that so that with the other accesses there is no reason for it. Before that; it was the only way to get into his property and to cut his hay. Meridian Planning an~ning Commission Special Meeting August 31, 1999 Page 46 = Borup: Any questions from the Commission? Just a clarification, your saying -when you say easement your saying that's true-that the applicant does not have the deed to that property. They are not the owners? Suitor: You talking lot 1 or my property. Borup: Lot 1. Suitor: He has the deed to that property. Borup: Okay. There is a easement through your property to get to that lot 1. Suitor: Off ofi Locusf Grove. That is the only way into the property. Borup: That crosses the drain ditch then. Suitor: yes, and it aiso crosses-there is a home property that I have an easement through and then there is also Gene's property that he has an easement through too. Borup: Your right. We don't have any jurisdiction over that. You may want to read your easement agreement and see what or how that applies. Suitor: With lot 1 and it sounds like it is not going to be addressed as far as landscaping or any form of maintaining, will there be any fencing -what other requirements are involved in this as far as is it just there. Will there be some form of fencing? Borup: V1/e may need to discuss that more. There is a perimeter fence around the subdivision. Suitor: On both sides of the ditch? Borup: This is a unique situation. I think that is why trying to do something with it rather then let it sit there is being discussed. I don't think we've ever run across anything quite like-it's not impossible but it is a little different. Anything else. Okay, thank you. Anyone else wish to address the Commission. Come on up sir. Demayo: My name is Michael Demayo. I'm at 1986 E. Easy Jet. Couple of questions I , had. I wanted to know if the new subdivision had a pressurized irrigation system and if it does, will it tied into the system that serves Los Alamitos. That's a question that I have. Another question I have is living on Easy Jet, there is a potential traffic safety issue that f am concerned about. All the vehicles~to the east, in particular the part. of Los Alamitos that's up above the upper right hand corner, everybody exits on Easy Jet because of the streets the way the streets are on 3 bars and at the top party jet it's not real.easy to get out of the subdivision. Everybody on the east end and on Easy Jet comes down Easy Jet and then makes a right on Bayou Bar to get out of the subdivision. Now we are adding I think it is probably 50 homes that come down that Meridian Planning anr~ning Commission Special Meeting August 31, 1999 Page 47 street and now we are adding another 30 houses there. Everybody comes racing down Easy Jet and hangs a right on Bayou Bar. I don't know if it was possible to make a recommendation that there be a stop sign put in at Easy Jet and Bayou Bar. That was a concernuof ours. We live there and there is a lot of traffic on that street. Another question I had was the "utilities-are any of the streets in Los Alamitos going to have to be dug up to extend~the sewer and water and other utilities. It is a question that I would direct to the developer. I had really three questions in there. Thank you. Borup: Thank you. I can maybe address the one. I think the stop sign is something: that needs to be addressed to ACHD or the Meridian Traffic Committee can make recommendations to ACRD. A letter to them may handle that. We will get the applicant up to answer those two questions. Anybody else wish to come forward. Webb: Hi I'm Janet Webb. 2626 So. Goldbar Way. I had a question merely because I went out`this morning and did a little background work on our area. And by our area, I mean within that mile that we are discussing. You know how many homes are in that area? 1170 homes. That is a lot of homes. We have.. a couple little acres over here and a couple over so swish them together we got a Tittle tiny park. At this point with that much density plus I understand when I visited with Planning. andfZoning and Public Works they are discussing new housing development or new multi family dwelling on Locust Grove and Overland-on'that corner which`is going to even more intensify this. The way this is set up it would make a marvelous park. You have access to several areas that seems like that work has all ready been done. for you. The area,that is that number 1 area that is extended out there, possibly with some arrangements with some other departments you could get that on through as a bike path. I have no idea, but it has some very beneficial things: I realize that this'is going to knock the dollar our of Mr. Stopello's pockets, but by the same token ~t think it is worth consideration. -We have a very low number of parks in this area and I think as we grow on south of the freeway as we seem to be doing, we're going to be desperate.for some place. Talked with the parks department. They are., interested. They would be in hog heaven if they had a park of any size. I simple bring it up because I see it as a need for the community. I realize it's probably. not going to go any further because we are losing dollars by putting it into parks, but by the same token, we-are losing something valuable in our community by not having the parks. I think you very much. Borup: Thank you. Any one else? King: Jeff King. 2603 Bayou Bar. I also have some concerns with the traffic on Bayou Bar'and on Time Zone, especially with the next phase of Sherbrooke Hollows. I feel that those roads will be well trafficed and I have some definite safety concerns in regards to that. I also have some concerns with~lot 1 of block 1. I feel that that does need to be maintained or deeded out to the adjacent property owners. Those are my comments. Meridian Planning anca'~ning Commission Special Meeting August 31, 1999 Page 48 Borup: Thank you. Any questions. Anyone else? Seeing none, Becky would you be able to come up and address a couple of questions. I don't know if you took notes. First I have is on the irrigation system-how is it tying in. Is it tying in to adjacent, etc. Bocutt: Yes sir I can explain that. There are 2 pressurized irrigation systems in this vicinity. One is Los Alamitos which is also connected to Salmon Rapids. They have 2 sources. One a well for backup and their primary source is from Nampa Meridian "~ Irrigation Facility. The other regional station in.this vicinity is Thousand Springs. It is located at the Ridenbach Canal. If you see where the pedestrian path is in the northeast corner of Sherbrooke there is a little square. That is an existing regional a pump station. Both those systems have been turned over to Nampa Meridian Irrigation District. °According to them, when we inquired about this property they stated that they wanted us to make a connection to one of those two systems. Their preference was not .that we have an independent system for 32 lots. }It is not cost effective for the district to maintain. it. They are trying to get us to combine the systems and in this particular area, like I said, we've got to multiple subdivisions on'two regional stations. I can not say it will not be on the Los Alamitos system nor can I say that it will. It has not been. determined at this point. It will be determined by Nampa Meridian `on which one of those systems has the capacity to handle these additional 32 lots. Borup: Okay, so they will make that determination-they will not try to do a loop. They don't try to tie into the systems. Bocutt: I have questioned them on looping the systems to obviously improve pressure; just like we do with domestic water service. They have indicated that they don't want to do that. I believe it goes back to the allocation of appropriate water rights so if they keep them kind of isolated but linking them you may have one subdivision using far more water than they have rights for. I believe that's where it stands but I have asked them that very question. I did :not get a real straight answer. The second question was traffic safety. We can talk to Ada County Highway District if there is a necessary for a sign. The signs are $35 and then like $20 to install. They are not an expensive item. If the intersection warrants it, that is something they will typically work with the residents and new projects. I-would have to consult with Mr. Stopello. We are not required to install that sign, but if he deemed it necessary, we could possible work something out. We have to~have ACHD's approval. The third question relates to sewer and water. Sewer and water is stubbed out of Los Alamitos. I believe it is stubbed there at South Bayou Bar Way and it is stubbed to the property. It should be either right outside the asphalt or right at the edge.. To answer your question, will we be going in and tearing up your existing roads, no. Those services are there. The city when they reviewed that project made sure those stubs were provided for this parcel. The question arose about park' area. I believe the map that I showed was a little bit deceptive. I'd like to reiterate that. The property that-has been deeded to the City of Meridian up to this point is approximately about 8-1/2 acres. If they get the additional 4 acres in that adjoining .property that I designated on that map, that would give them a total of a 12 acre site. That's the size of park that would be up in your northeast corner inaccessible to Los Alamitos. That is a pretty good size park: The average neighborhood parks usually are ,~ r~ Meridian Planning and'~ning Commission Special Meeting August 31, 1999 Page 49 between 5 and 7 acres and so a 12 acre park is good size. It is not a regional park that is ike 30-40 obviously., That should satisfy some-of. the ~~recreational needs in the area. Obviously this area will require regional parks and~l think is making the city is making some inroads in their long term planning for those regional parks. As far as traffic, there was traffic studies done. Los Alamitos and Sherbrooke ..and Thousand Springs, I did Thousand Springs and Sherbrooke and then we did not last two phases of Los Alamitos so I am aware of_,alf the traffic studies and basically what was stated and the traffic was considered in this property to be going in those two directions so that one subdivision -did not bare the~burden of all the traffic. _ You. will have some vehicles exiting to the south. You'll have some going through Los Alamitos and out to Locust Grovel When Sherbrooke Hollows is completed with the phase 4, it's just off the map as you see that one street that terminates there, that goes on out and connects to Locust Grove. That will give that area a second. outlet to Locust Grove. Thank you. That's it. Borup:~~Any other questions~for Becky. De Weerd:~ No; but I just might addao Miss Webb. 1 am a big proponent of parks and open. space and that 8.7, hopefully., plus- 4 acres is adjoining to 42 acres of the high school..That is some real decent greenspace. I think a lot of us would kill for that kind of open space in our residential areas. Hopefully that does address those concerns. You-will have that available to you. I would love to see anything parkland. Sometimes it .'P' i. is not realistic, but I would agree with you. ~.. ~~Borup: Anything else for Becky?, I have one question then. ;We getYback to this lot 1 block 1.Some comments have been-are you in a position to comment on that anymore tonight or do you need to get ryback with Mr. Stoppello as far as-I think the cities concern- is and most the residents and I think from Ghat standpoint too,, no one. wantsto maintain-I don't think he wants to be, maintaining that. ,I don't think the city wants an eyesore weed patch there. Whatever is the best solution is pup to the land owner, of course but`or do you need;to get back to him or address any of thatxtonight. Bocutt: Mr. Stoppello is here this evening. I don't know if he wants to consider what his options are or~try to address that. Borup: We would welcome your comments Mr. Stoppello. Stoppello: My name is Frank Stoppello. 782 Arlington Drive, Eagle, ID. The intent of designating that lot 1 as a non buildable lot was for the expressed purpose of selling it to adjacent land-owners. I have spoken to one land owner and told him he had first choice at it. At this point there is nothing that could be done until I get further along. l don't intend-to if it can't be°sold, then I was intending to sell it with lot 3,that it adjoins .right there, but my intent, my main intent,was to sell it to an adjacent land owner. That, is about~all 1 can tell you. I certainly would ..not want to keep it and have to go,out there and. mow it or put flower beds in there for the rest of my life, I can tell you that much. I know.the landowners that are adjacent there, like Los Alamitos that have reported my alfalfa field as a weed patch, would notelet me allow that to go to weeds. } `` Meridian. Planning and~ning Commission Special Meeting ,August 31, 1999 Page 50 k k Borup: Thank you. Any questions? Any final summary from staff? Okay. Commissioner's. Hatcher: Mr: Chairman, 1 move we close the public hearing. Barbeiro: Second the motion. Borup: We have a motion and a second to close the public hearing. All in favor? MOTION CARRIED: ALL AYES Borup: Is there .any discussion? e' ,. De Weerd: Just that lot 1 needs to be either maintained°or deeded out. Hatcher:. I concur. Looks like he's got 4 adjacent land owners that potentially can absorb that lot in whatever fashion the developer requires. I don't think it should be left in it's natural state, as it was stated earlier ~, Barbeiro: Commissioner De Weerd. When you say deeded out-sell it, give it away. De Weerd: 1Nell, I certainly think that that is up to the developer how he deals with it. Whether it's a part of lot 3. If it can be absorbed by property owners on either side or sold, if he can't come to an agreement, I guess he has to maintain it. Barbeiro: So it:is your idea that the'developer maintain the land until the land is owned by someone else.. In the meantime, as long as he owns it, he maintains it. De Weerd: However he transfers that ownership, whether he gives it away"or sells it, that's up to him. ~~ Barbeiro: But in the meantime as long as he maintains ownership he maintains it. De Weerd: He maintains it. ~~ Borup: Sounds like your leaning toward putting that in as a requirement. De Weerd: Exactly. Hatcher: The other item of discussion would be the pedestrian access to the drainage. It would seem to me even though it could be a mute issue down'the line, is that between lots-it would seem to be we would want to put a pedestrian access between lot 6 and 7 to attach to'the adjoining' pedestrian access. It seems to be a little unfair to have- the this particular-subdivision have to go around an access through other subdivisions a ~` ` Meridian Planning and~ning Commission Special Meeting August 31, 1999 ` Page 51 under the pretense that a possible agreement would be formed with Nampa Irrigation. I think it should be put in there now and in the hopes of better things to come later. Borup: Any other comment on that? Did you mean 6 and 7 or 7 and 8?~ Hatcher: Between 6 and 7 and connect to the existing -I guess it would be proposed. Borup: I don't believe you can connect through 6 and 7 without crossing through another lot. Hatcher: If you went down the property fine. . Borup: You'd have to go down 6 and 7 then along the back of 7 your saying. Hatcher: And then connect with where the proposed one is. You could do 7 and 8 as well (Inaudible discussion) Hatcher: Commissioner Barbeiro brought up a good point. In locating that there would mess up the cords on 6 and 7 but if it was between 7 and 8 it would be able to be balanced. Anyhow, my topic was that it should be added. Where it's added we'll leave up to the civil engineers. Borup: Looks like between 6 and 7 there is an existing easement wide enough back there that may be accommodating but I don't see it on the plat. ***END~OF SIDE 4*** Barbeiro: access to~the canal, I found Becky's argument compelling. There are two accesses planned. One existing one planned. . - . Borup: Your talking about the Ridenbach or the drainage. z~ :' ~~ Barbeiro: Tle Ridenbach. Find the third access while it would be nice and convenient is riot necessary on'this lot as that access would be more convenient for what appears to be 18 lots,,the remaining lots would find the access to the canal equally as convenient~from either of the other accesses. Borup:` So your saying people are going out for exercise, it is not going to hurt them to walk a few hundred feet more. Barbeiro: It kind of reminds me of people use to use the elevator to go to the weight room. - Meridian Planning and~ning Commission Special Meeting August 31; 1999 Page 52 . De Weerd: Mr. Chairman; I guess 1 have one other question for staff. In their staff comments number 2 on page 1, that staff doesn't recommend a development -agreement for this project. Why is that. , Hawkins: Commissioner De Weerd the purpose of that was the stub streets that come in limit, to a certain,extent, the use-typically a development agreement is used for precautionary methods so the city can hold the developer to something if for some reason they backed out of the plat,- but the property was still annexed,~they are held to some standards of what to do with.-the property. In this instance, staff just felt that if this is a-if your recommending approval, leaning toward that on the plat, that those conditions on this piece of property will be included ina that plat and would not necessarily be needing a development agreement for the conditions would not to be included in the development ag"reement since you would have an associated plat. It's certainly a call that is made on a case by case and I think that the configuration of this is such that we felt that it would be appropriate if you were leaning towards approval. s' Borup: City Attorney have any comment on that? Rutherford: As insurance, I am kind of a fan of the development-agreement. It gives us extra teeth. I understand staffs comments. Personally, I would recommend a development. Borup: For what concern? What staff said made a lot of sense to me in this particular situation. Rutherford: And not being completely familiar with all the recommendations of staff, at this point I would. note be able to tell you specifics. My concern would be again with a development agreement we would have further insurance that the specifics were going to be adhered to by way of additional teeth. Borup: Okay, thank you. Any one else. At this point (inaudible)talked about (inaudible), lot 1 and the pedestrian pathway. Barbeiro: (Inaudible) Borup: Your correct. That's not even pertinent for right now. We have had some nice discussion for something later on. ` Barbeiro: With that note if I may I'd like to recommend that we approve to City Council for their request-for annexation and zoning of 12.$O~acres for Tarawood Subdivision by Michelangelo Investments, LLC-south of Los Alamitos Park and north of Sherbrooke Hollows (inaudible) staff comments. Hatcher: I second it. Borup: Okay, we have a motion and second. Any discussion. Meridian Planning and~ing Commission Special Meeting August 31, 1999 . Page 53 '` De Weerd: You want to keep the recommendation then for the development. agreement not to be then, because that is a staff comment. Barbeiro: No, I presume keep the development agreement as staff. 4 De Weerd: Not needed. Borup: Staff's comment was that a development agreement was not needed. Barbeiro: Excuse me. I misunderstood that. I would opt that a development agreement ` be included to our recommendation to City Council De Weerd: So you amending your motion. Barbeiro: I am yes, thankyouu. Hatcher: And I second it. Borup: All in favor? MOTION CARRIED: ALL AYES 4 Borup: That was Item 8. Now that we have had all this discussion, -- ITEM NUMBER 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR `' TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS: ` Borup: Staff. . Hawkins: We have no further comments to add and ask to~incorporate comments from. the previous item. Thanks • rt Borup: Thank you. Becky? Bocutt: Becky Bocutt, Briggs Engineering. Please incorporate ~my previous comments to the record. Barbeiro: On a personal note-l made the lot 1 block 1 as kind of an off shot and it turned into a 20 minutes discussion. If I ever do that again, remember to tell me you don't want to go there. I apologize for building such a large discussion with such a small issue. Bocutt: Well I think the adjoining neighbors, that something "needs to be addressed what's going to happen with it and if l was a neighbor (would a'sk the same question. ~~ - ~' MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 63 16. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME.DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. CLARENE STREET: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) ' 17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 18. PUBLIC HEARING:.REQUEST FOR CONDITIONAL USE PERMIT .FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION; (CONTINUE PUBLIC HEARING UNTIL ,. 10/5/99} 19. PUBLICHEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO _ INVESTMENTS, LLC SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 20. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC~OUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) , Rountree: For those of you who have been hereiall night listening to hearings, it's past 10:30,` and we will not open by recommendation of the Council additional public hearings this evening. Those hearings, point of information from Counci{, we should continue those; is that correct? Anderson: To a date certain. Rountree: To a date certain? Do we have to do that on each individual one or can that be done as a group? Gigray: Mr. President, members of the Council, i believe that if you entertain,a motion with regards to all the public hearings so long as you list the items on the agenda that you'd be referring to, and then list the date certain upon which those public hearings will be conducted. I suppose you're looking at October 5~h Rountree: Mr. Bentley. _ - MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21,`1999 , PAGE 64 ` . ~, Bentley: Mr. President, I would move that we continue the public hearings for Items No. 13 through Item 20 until October 5`n, 1999, and that is on the revised 9/20/99 agenda. Bird: Second: k Rountree: Been moved and secanded to continue public hearings on .agenda Items No. 13, 14', 15, 16, 17, 18, 19 and 20 until our next regularly scheduled meeting October 5`n. Any discussion? All those in favor'? MOTION CARRIED: ALL AYES Rountree: I'm sorry for that; because of the lateness of the evening we',ve got to move on. Everybody understand that it'll be October 5`n? Okay. It'd be on the front of the ~• ~ agenda. We won't have another two-hour hearing between you -and - Bentley: Table the rest? Rountree: Well, we can- move on the rest if -- f mean, it shouldn't take Bird: Shouldn't take as long to go through these. 21. REQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO. 1 AND 2 BY LARRY HANSEN AND LUNA VISTA, INC. -BROADWAY AND 8r" STREET{951 W:'.PINE): (APPROVE)- Rountree: We've just got some preliminary plats. Next on the agenda would be Item 21, the final plat for Tremont Place Sub No. 1. Staff, any comments? Stiles: Mr. President, Council, this is for the Tremont Place Subdivision, it was r .submitted as No. 1 and No. 2. This area right here, the Hansens owned and they decided to combine these two. plats for a final plat. We have received a response from the applicant; they have indicated concurrence with our recommendations, and we would recommend approval. Rountree: Any questions for Shari? Bird: I Have none. Rountree: It doesn't appear that there is anybody here representing the applicants. rWas Bob -okay. He's gone. Need a motion for consideration of the final plat for approval. Bentley: Mr. President. . ,' . , • Meridian City Cou°ncil Meeting October 5, 1999 Page 42 Bird: I'll give him mine. I have no problem giving mine. Corrie: Come back to this item? Would that be satisfactory to you? Or do you want to take - Freeman: No. It should only take me five. minutes to review that. I expect it's what I've seen before for the most part. Corrie: Okay. Bird, Can we go to the next one? Corrie: Yeah. We'll just -we'll hold No. 18 and 19 and go to 20 while you're doing that. Then when you're ready, we'll take yours. Before we go to Item 21, have you had a chance to read that? Freeman: Yeah. r 20. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item 20, continued public hearing: Request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hollows. At this time I'll open the public and invite staff comments first. Stiles: IVIr. Mayor and Council, this is -for the property that's in between Sherbrooke F-Iollows Subdivision and Los Alamitos Subdivision. Their access would be through the ' Sherbrooke Hollows Subdivision or through the Los Alamitos. We're just doing the annexation and zoning now? Corrie: Yes. , Stiles: Okay. Staff would recommend approval to an R-4 provided that the applicant enter~intoa development agreement incorporating all staff comments and the condition which would also incorporate the conditions of the preliminary plat which is to follow. That's all I have. Corrie: Okay. Is there anyone from the public that would like to issue testimony in the request„for annexation and zoning, Item No. 20? (inaudible). s Meridian City Council Meeting October 5, 1999 Page 43 Bocutt: Becky Bocutt, Briggs Engineering, 18.00 West Overland, Boise. I'm representing the applicant in this matter. I'd like to combine my testimony for the annexation and the preliminary plat into one, so therefore, let the record reflect that. As Shari indicated, this is an infill parcel. That map is not complete because we've just recorded some phases of Sherbrooke Hollows, Sherbrooke II. There we go. Sherbrooke II and Sherbrooke III. Sherbrooke Il is what you see along the canal on that east side and to'the south is Sherbrooke~No. III. Both those subdivisions or those phases are constructed and Sherbrooke III which connects into Victory also will be recorded within the next week or.so. This project, like I said, is infill. It's sandwiched between two existing R-4zones. The property's approximately 450 feet wide. It was not a real easy parcel to lay out because of its abnormal shape where it's very long lengthwise, but very narrow widthwise. Our only point of ingress and egress areahe two stub streets there you~see in Los Alamitos and the one'single stub street in Sherbrooke Hollows. Between those three streets, one could have access out to Locust'Grove either through Los Alamitos and Time Zone or they can come through Sherbrooke Hollows and go out in' Phase IV when it's constructed out to Locust Grove or they can come down and go~south to Victory. There are two streets that go south that they can °make connection to, so there's multiple points of ingress and egress. The density of our project is 2.5 dwellings per acre. Our lot sizes are consistent even a little bit larger than most of the lots that you see adjoining it in Los Alamitos and Sherbrooke Hollows. We are bounded by two waterways. This'is the Ridenbaugh Canal here and this is the Nine-Mile drain. We've reviewed staff's comments. We are in agreement with all of -~ staff's comments with'the exception of site-specific requirement No. 5: Site-specific No. 5 stipulates that we dedicate a separate pedestrian lot for pedestrian access to Nine Mile drain right here in this location, and a pedestrian access right here to the Ridenbaugh. I did. contact John Anderson at Nampa Meridian and asked him about his opinion on these two pathways. His answer was quite negative. "We definitely will not allow any pedestrian connection to the Ridenbaugh, period." Those were his exact words. We're still dealing with the issue that until the City and Nampa Meridian come to some type of an agreement on the liability issue or indemnify Nampa Meridian, until that time; they're not cooperating with us on making the linkages. Our opinion is the pedestrian pathways because this parcel is so small, it is so narrow, the linkages that we have out there presently would. be adequate. I kind of made a little quick map for you guys to look at that shows you how all this stuff wi{I {inkaogether. Here's the subject property here in black. This is the public street connection right here through Los Alamitos that will connect to Thousand Springs. This is the vehicular bridge here that ` we'll begin construction on as soon as water goes out of the ditch this fall. So that will be able to be used for a vehicular access that would take you out to Eagle Road or pedestrian access into Thousand Springs. Secondly, we've got vehicular access here and pedestrian access through the public street network and then there's an existing micropath in Sherbrooke Hollows at this location and at this location. Outside of the easement for the.Ridenbaugh, we've got an area that is landscaped-kind of in a natural red fescue, buffalo grass type that you can walk, and that's why I've got it dashed in blue. This is-not a-hard 'surface like a paved pathway, but it is a linkage between these ~ ~ Meridian City Council Meeting ' October 5, 1999 Page 44 . two points. There's also a pedestrian pathway right here that will be constructed with Phase V, I believe it is, of Thousand Springs. To refresh your memory, this is the location of the pedestrian bridge that both Sherbrooke Hollows and Thousand Springs .have trust funded for at the Highway District. That bridge has not been constructed, and Nampa Meridian says it will not until an agreement between the City and the District are completed. The linkage here, the drain, I'd like to address that. One, you see- that we've got access here, and I would like to; before I jump to this one, we'd like to focus the pedestrian access in certain areas. We don't want multiple points of access along the Ridenbaugh Canal. It is a large water body. It does run very.fast. If we can isolate and centralize some of our pedestrian access locations, like in this point here,' then the safety factor will be a little bit better. On the Nine-Mile drain that we have on our west boundary, the problem I have with putting a pedestrian path is'where are you going to? The drain begins, the big drain begins right at this point at our property. It -all of our frontage here is on the drain. But at this point, where you see ~it crosshatch in red, that's private property, not a part of this development. If I am to link here, then I would be promoting trespassing on an adjoining property that is totally unrelated to ours, nor has any easement for pedestrian access. And where are they going? There is a"public street here, and there is a gate on the drain here and here. And that's what. you see in blue. So really, I don't know if that - I can't see the_ benefit, 1 guess, that's what I'm telling you. I'm trying to weigh the benefit of putting one here and (can't see any. This here in pink is the Hunter Lateral that's been piped. There's fencing along both sides, now that's a nice'pedestrian walkway, and it goes along through Los Alamitos in a diagonal northwesterly direction. There are, I believe, some gates along the right-of- way. Those are the type of areas that I would like to promote pedestrian usage and jogging, walking your dogs, et cetera. I just don't think that's necessary. It makes no sense, logical sense to me and then I had the issue of the safetyfactor here. Do you have any questions? Bird: I have none. s~. Corrie: Hearing none, I don't think so, Becky. Okay. Thank you. Anyone else like to issue testimony on Item 20, the annexation and zoning? Stoppello: Mayor Corrie, members of the Council, my name is Frank Stoppello, 782 Arlington Drive, Eagle, Idaho. I'm the owner of the project. I would like my testimony to also be for both hearings. I have submitted,a letter outlining my position September 17, 1999 to the City Attorney and to the members of the Council and'the Mayor. Basically, I'll try not to cover what Becky has covered, but the ten-foot easement to the Nine Mile drain, my problem with that is it cuts off - maybe I could show with my diagram. This Lot 1, little horn that sticks up on the left, that is an unbuildable lot. My plans, if it -yes, thank you. My plans are to sell that to the adjoining neighbors if a deal can be reached. If I can't sell- it, it's going to go with Lot 3 just below it there. I'm sorry. Right there, and it will be sold with that lot. You cannot build on Lot 1, but it'll be`part of that sale for that particular house. Anyone you talk to that~is in marketing of these lots would tell you any • ~ '` Meridian City Council Meeting '°. October 5, 1999 Page 45 ' of these right-of-ways running down between the lot are going to degrade the value of the lot. Not only will it cut off that Lot 1 on the Nine-Mile drain, it will degrade the lots that are going to be on the boundary of the right-of-way even if you move it to the south. I also would like to point out not only for that"right-of-way, but for the other one, this will .bring added traffic if there ever was aright-of-way, a person can park in the neighborhood, you can get out any time. of the day and night and go up that right-of- way. I don't think anybody who has. a home would like that going down the side of their home. The other right-of-way that is proposed.by staff.on he Ridenbaugh Canal is a 20-foot right-of-way. Now, the engineer has informed me if, in fact, the right-of-way going onto the Ridenbaugh Canal is requested, that 20-foot right-of-way will remove one of the choice lots in that cul-de-sac. I have been told my marketing people that sell these subdivisions and lots that those tots right now, if it was built, would be $35- to $40,000 up on that end only. I will lose one of those lots. That is a taking. Again, a quiet cul-de-sac, the~most valuable lots in the subdivision would be dramatically affected by a paved, fenced, 20-foot right-of-way between the lots. As to both right=of-ways, I have a problem with they are of no public benefit, whatsoever, other than my detriment, because Nampa Meridian will never allow you a walkway on the Ridenbaugh Canal. Now, I irrigate a crop of there. I don't know if you gentlemen are familiar with the flow ~on the Ridenbaugh Canal. It's either the second largest, third largest~canal in the valley. I've seen,18-year-old, 20-year-old young men, strong looking, jump in that canal, and their friends had to pull them out with a rope. If you get caught in one of those dams that lifts the canal up there, you will not survive. A small child could never survive falling into that. The walls` are straight up and down, plus an elderly person could never survive it. Nampa Meridian will never allow any kind of agreement. And I think I have a little personal knowledge on that: I've represented the two ditch companies in the Star Middleton area, and the seven lateral companies in that area for, I can't.remember if it's been ten years. now, we have the same problem when we're representing those canal districts and development takes place. You simply cannot allow someone to use your own easement that's been granted to you by the adjoining landowners. You have no power to do so, and if you did, you'd have unbelievable liability. I think it's a wonderful thing to include a proposal or a policy in a Comprehensive Plan; Eagle has done the same thing when I was.on the City Council. But that is not a force of law, something in your Comprehensive Plan. I also have, and Becky has already pointed out the accesses, I've got my little map that I submitted with my letter, it's the same as hers, a very short distance from this subdivision will be the bridge, the Three Bars Bridge that goes over the cana'I. There can. be access there. The Hunter Lateral as I said in my letter is a - if you can ever have access, it's gated. It's a perfect access: It's just a short distance from here. If you want to get on the Nine Mile drain, and I don't know why anybody would want to get on it because it's gated all the way up to the north, wrought-iron fence - I don't know what you'd want to get on there for. The perfect place to get on is the stub street which is Short (inaudible) Avenue. if I may point that out. If you want to get on the Nine -right there. There's where the street is. If you want to get on this drain, that's where you can get on. You don't even need to take a walk to do that. Again, you don't have a right to get on there. In fact, this one that's already paved ~ ~ Meridian City Council Meeting October 5, 1999 Page 46 and in Sherwood is fenced off. You cannot use that. You'll be trespassing. There's a no trespassing sign right on my property: he canal company put on. So even if you = if I have to lose a lot or you lose the value of four lots in~ putting these rights-of-way in, they're going to be for no good whatsoever. Now, !hate to bring up the law, but my research of the two cases I've cited in.my letter, one is the City of Tigard, right up here in Oregon, recently~United States Supreme Court decision, and a Nolan v. California Coastal Commission. One involved a requirement that you had to put a bike path along a stream before you could get a building, the right to build, the other one was along an oceanfront. Both of the times the United .States Supreme Court, not Oregon, not California, the United States Supreme Court said that that was requiring the owner to provide that to his; in other words, require as the City of Meridian has done is a violation of the taking clause of the United States Constitution, 5th Amendment, applied to the States through the 14th'Amendment. I don't;see any difference in requiring me to provide you with a .$40,000 lot and degrade the value of the lots on the other side than exactly what are United States Supreme Court said was a taking without compensation. And I'm not here to be obstructionist, I'm not`here to try to take advantage. My engineer told me that we had a right to over 34 lots, but she said, "If you want to make it nice, have larger lots, have a quality subdivision, we recommend 32." I did that. City didn't tell me to do that. I think it's going to be a quality subdivision. I'm respectfully asking that you approve this subdivision without requirement of those two rights-of-way being deeded to the City. Thank you, and I'd be glad to answer any questions. Corrie: Thank you. Questions? Bird: 1 have none. Corrie: Okay. Thank you, sir. Anyone else that would like to issue testimony? Sir. Riley: I'm Clint Riley. I'm President of Los Alamitos Subdivision. I live at 2076 East Three Bars. I don't see much problem with this subdivision except two major points or three as their,entranc'e, their egress, and exit into the subdivision. Number one, they're imposing all~their traffic through either Los Alamitos or Sherbrooke, and due to the, proximity of the subdivision, it's most likely going to go through Three Bars which brings me to my point. We, as a subdivision, have to assume a certain amount of liability in all 'p of our common areas, so if anybody coming .into the Taravvood Subdivision would happen to get in a wreck on our common areas, we're liable for that, if they so choose to push the issue. Which brings me to the question: Why should we have to increase a our insurance policies for this gentleman to put in a subdivision? There hasn't been any, consideration of that which is also going to slow down any type of fire, police, ambulance because they're going to have weave in all these little side streets. They should have to have some type of external access, their own access out to either Locust Grove or, well, that's really the only place to go with it. I wonder if they have approached Sherbrooke Hollows and. discussed these problems with them. That's going to impose a lot of traffic on Easy Jet, Tagish Way and Three Bars at the ends, ~. u • Meridian City Council Meeting October 5,1999 - Page 47 and. Time Zone. So what's that going to do toyproperty value? You start adding that many cars on average with two to three trips, I'm sure, a day from each lot, `that's 90 trips a day extra on Time Zone and at the very least on East Easy Jet. So maybe some consideration should be given to that. Maybe if they're willing to go with us, actually paying for the extra insurance we have to cover every year, that might be a consideration. But'I don't think we should have to front that, increase all of our Homeowners Association dues to cover that. That's all I have to say. Corrie: Thank you Riley: Any questions from anybody on the - Corrie: Staff? Bird: I .have none. Bentley: I have none. Thank you. Corrie: Staff, do you have any questions? Stiles: Mr. Mayor and Council, I just had comments about Mr. Stoppello's testimony. I believe the two cases he's cited, `neither one of them included a ,request for annexation and zoning. It's typical, our ordinance requires pedestrian walkways in the middle of long blocks to provide interneighborhood access. He~is exceeding block length requirements when you consider the adjacent subdivision. This will be over 1,000 feet which would require variance. They're not stubbing to any adjacent property and providing a bridge over the Nine-Mile Creek which the City could logically require. This is an existing common area in Sherbrooke Hollows Subdivision. Staff would still request that there be an access to there. It is not a taking. It is a condition of a plat. It's a condition of annexation and zoning. If it were a taking, we would be restricting all viable and economical use of the property, and since he is requesting annexation and zoning, he is asking the City'to increase his economic benefit. If we went and said we wanted a pathway through his alfalfa field, he may haveaa case, but he could continue to farm it for alfalfa and it would-not be reducing' his economic benefit that is existing today. I am aware of Nampa Meridian Irrigation District's problem with any pathways along the Ridenbaugh; however, with this existing pathway, we still ask, staff asks that this pathway be provided. We're not asking for a dedication to the City. It would be a pedestrian walkway owned and maintained by the Homeowners Association. As far as this pathway, this was" an effort to not have the long block lengths and provide interneighborhood access, but there is still the argument that perhaps there should be a stub street to the adjacent property and that would simply be a condition of annexation and zoning and .platting and it is not a taking. I defer to legal counsel if he has some guidance on that • "` ., Meridian City Council Meeting October 5, 1999 Page 48 Corrie: Mr. Attorney. Rossman: Yeah. Mr. Mayor, I haven't had the opportunity to research this particular matter. I believe Mr. Rutherford has, and, certainly; if you have any questions of him, he can .answer them hopefully: We did receive a fetter from Mr. Stoppello indicating his concerns aboutaa taking. I know Steve has looked at it and Bill has looked at it, neither one of them has expressed a concern that there is, in fact, a taking by that requirement. I know the general standard as whether or not something is a taking is whether the public benefit of the requirement is roughly proportional to the burden the development creates uponthe public, the development itself creates upon the public. If there's a roughly proportional. relationship between the two, it's certainly not a taking. I haven't read, personally, the two cases Mr. Stoppello has cited, .but if Shari is correct that neither of them dealt with a request for annexation and zoning, then, obviously, there's a,distinct factual difference~between those cases and this. This type of thing is done quite often, and I don't know of a case directly on point relating to a request for annexation and zoning where they've held such,.a requirement to be a taking. If you have any - I don't know if Steve has anything further to offer. Corrie: Steve. u. Rutherford: Mayor, members of the Council, I think Eric hit it basically on the head. This Council would essentially need to make a finding that the burdens that this subdivision will. place on the public are roughly proportional to what you're asking this .gentleman to give up by way of pedestrian paths. In addition, I think Shari's point is well taken that at this point, really not denying him any economic viability, economic gain ., here on this land, this is a request for annexation and zoning, and at this point he has the option to say, "No thanks. I'm going to do something else." But at this point, my analysis would - and l have looked at this because we're going to be dealing with this on another matter here coming up, would be that this is not a viable (inaudible) condition.- Corrie: Thank you. Does anyone else from the public like to issue testimony? De. Meo: Good evening. Thank you. My name. is Michael De Meo. My address is 1986 East Easy Jet Street which. is in the Los Alamitos Subdivision. I did have two items,. and I hope one of them is` resolved. At the Planning and Zoning meeting, there was a major,di_scussion, alengthy discussion regarding that Lot 1 Block 1. That little piece that jets'off to the left. I would hope that, like Mr. Stoppello said that it's either sold to the adjoining property owners or sold as part of Lot 3 and not be an island unto itself with realty no value. Item 2, the irrigation system, the pump station that is in Los Alamitos serves .Los Alamitos, Sher - I'm sorry, Raven Hill, and Salmon. Rapids Subdivisions. According to the Nampa Meridian Water District, that system is at capacity. And they said that they had .advised Briggs Engineering that the anew subdivision should not be included on that, that it should come off of either Sherbrooke's .. ~ ~, • Meridian City Council Meeting October 5, 1999 Page 49 system or Thousand Springs, and I would just like to know the status of that because, obviously, any of the peopletithat live in those subdivisions, there is a problem with water pressure there, and we don't -the thing -can't handle anything else, so 1 would like to know how that's going to be taken care of. Thank you. Corrie: Anyone -else? Yes, sir. -~ Jarvis: My name is Scott Jarvis. I live at 2048 East Three Bars Drive in Los Alamitos Subdivision. Like my neighbors had mentioned, I have some serious concerns of the way this proposed subdivision is lined out. To have the .primary entrance is basically going to be coming through our subdivision. It's -the other practical way to get in through Victory, through Sherbrooke Hollows isn't -mast people aren't going to take that because it involves too many turns. I'm really concerned about what the traffic's going to do, the fact that we're going to be sharing -we're going to be taking the brunt of all of the traffic for this new subdivision, and they basically get to exist as an island without taking any of the responsibility for the traffic that's being generated. Not to mention during construction all the mud, the dirt, the debris, this will probablybe taking place in winter when everything's nice and muddy: We're very concerned with that. And just like to ask City Council to take that into consideration as you take a look at this proposal that's in front of you. Thank you. Corrie: Thank you. Anyone else like to issue testimony? Yes, sir. =Suttor: My name is Mike Suttor, 2620 South Locust Grove. I've got a question involving, I guess, Planning and Zoning. The walkway or what do you have proposed for Lot No. 3 and Block 1?The pedestrian pathway? Is it 10 feet? And where does it go? There's a ditch, there's no bridge; l don't even see a reason to have a pathway to nothing: I'm just curious where it goes. Stiles: -- feet is the pedestrian walkway. That's what our ordinance requires. We're still proposing that someday we will have a pathway along Nine Mile where it's fenced off on both sides. There is -this is all open. Suttor: Where you have your arrow right there, it's closed off on both sides of the road. Stiles: By a gate. Suttor: Yes. And then it's an actual wooden fence at the Lot No. 1. Stiles: A wooden fence covering this? Suttor: A wooden fence right across here which divides Los Alamitos from these homeowners, it comes down and runs along this (inaudible -walked away from the microphone)~place it will open up~will be here and here. So I'm just curious what benefit • Meridian City Council Meeting October 5, 1999 Page 50 a ten-foot easement to nothing. This wil! be fenced off per the development what I've been told. You can't get through this fence (inaudible) gated here, but it's all seale°d off and no traffic; nobody walks in it, there's no activity, no dogs. I'm just kind of curious what kind (inaudible). Stiles: gThis would be subject~to negotiation with Nampa Meridian. We have been working with them. This is, I believe, the drainage lot in Los Alamitos which could be opened up at some point. When this property develops, I don't know, if this is separate parcel, what that is. Suttor: This is a separate parcel? (inaudible) Stiles: This parcel when4it was -when this property develops, this parcel will be included as a common lot that could connect with this other common lot that's being developed as part of this subdivision. As far~as this, I don't know what the topography is out there. l don't know why it split off. Looks like another example of illegal lot splits out there. Suttor: (inaudible) it doesn't go~anywhere. It doesn't seem to serve a purpose. (inaudible) comment (inaudible). Corrie. Okay. Anybody else like to issue testimony? Hearing none, I guess, Becky, you'd have the last answer to some of the questions. Bocutt: Yes. I'd like to respond to a few of these. I think Mr. Stoppello would like to make one last comment. The traffic impact: the stub streets that were provided by Los Alamitos Development and the Sherbrooke Hollows Development were incorporated for a purpose, and the purpose was to serve this property, and that's quite obvious. When traffic studies were done on Los Alamitos and Sherbrooke Hollows, those traffic studies took into consideration the maximum density which was probably, you know, they would look at say four units or 3.5 units per acre that could possibly, be'generated by this enclave and that traffic, where it would go based on the interstate, the interchange, et cetera. This project does not put these streets over their local designation which is what all these streets are. Contrary to the Los Alamitos residents' belief, not all traffic will go in one direction. We do see traffic, I've read both of the traffic studies. 1t does split in two directions depending on-where people work. If somebody wants to go up to say the interchange at Eagle Road,.they'll most likely get out to Victory. They'll want to go south. People don't like to have to backtrack, and that's typical. You may find some that will wind their way out to the vehicular bridge across the Ridenbaugh and go out Thousand Springs in that direction. This property has probably the most points of ingress and egress that I've ever seen on an isolated parcel. As far as the issue of the liability, if people are driving through there and there's an accident on the public street, I don't know how that's related to the Homeowners Association and their private lots. If they had some large private park that they were concerned about the liability of children Meridian City Council Meeting October 5, 1999 Page 51 coming from: his development, that'd be different. But that is not the case. I worked on the last phase of Los Alamitos, I'm not aware of any playgrorund or park in that project.,. Nor is there one within Sherbrooke. There's one pocket park, though. Lot 1' Block 1, it's a:very strange parcel: It was created for access to this property.. This property had only an easement for agricultural use off of LocusttGrove through Mr. Suttor's property. That's.my understanding, arid that tittle leg. that you see there, that Lot 1-Block 1; somehow that was incorporated as part of,access for this property. I don't know where it originated. If it came off of Mr. Suttor's property, it would not have been an illegal split under the County, Ordinance because the County Ordinance at that time looked at what they; called natural barriers such as drains and canals, so it was never considered contiguous with the properties on the.west anyway. We have plans for that Lot 1 Block 1. The main concern by the.P & Z,was we don't want to see a'weed~patch. We want to make sure it has a use. The optimum use for the property -for L`ot 1 Block 1 is that it be conveyed to-:one of the adjoining properties. There are three lots; there in Los Alamitos. Those residents have called me, called Mr. Stoppello, they would like to incorporate that as part of their lots for their uses for gardens,. et .cetera, just to lengthen their rear yard.. Mr. Suttor, I believe, has, or one of his other neighbors, has expressed r some interest in it. So we have three options: It can go to the east or to the.west or it ' can be incorporated as part of Lot 3. But we will not leave+it as an isolated parcel and a weed patch .totally unusable. The pressure irrigation, we have -not determined exactly what route we're going to taker The closest pump station to .us is the Thousand Springs/Sherbrooke Hollows regional pump,station located at the northeast corner of Sherbrooke Hollows along the Ridenbaugh Canal. If that system is deemed to have capacity by Nampa Meridian who now owns and operates that system, then that would probably.be the most likely point of access for pressure irrigation. The neighbors have concerns, they said that in Los Alamitos they don't have adequate pressure. I don't know what the problem is. I have not discussed if Nampa Meridian's working on that or not. We have seen some subdivisions when they reach a point of build out, mine, for a prime example, we had to.go on a rotation system where each resident, depending on their odd:or even house number had a,determined date for irrigation. That's one solution to their problem. I did some checking with the engineers on the amount of capacity. I don't believe Los Alamitos has the capacity to handle this development. I think.it is, as the residents testified, at capacity. So our alternative would be the regional pump station for Thousand Springs or Sherbrooke or our: own independent pump station. And two other things I'd just like to address. Lastly, the issue of block length. Shari brought.up the fact that the block length when you consider the adjoining development, that puts us.over the 1,000 feet.- I don't think the intent of the ordinance was to count another.subdivision's block length and tack my length onto it. This project, I mean, 'it's so small, it's so isolated, it's restricted. by allthese stub streets by the water ways, and I just don't think that was the intent of the ordinance, and I don't think that should.be even taken into consideration. Stub street to Mr. Shipley's property, there is a stub street in Sherbrooke Hollows as you can see right there,. and that stub street would be continuing up through those parcels and make secondary connections with those undeveloped parcels that front .out to Locust Grove. They also have Locust '. Meridian City Council Meeting ..October 5, 1999 , -Page 52 Grove'frontage. So what I envision is probably another public street access out to Locust Grove, a connection there to thNe Sherbrooke stub street `you see on the far west side at the corner there, and then that would give vehicular linkage to this whole area and then with the vehicular bridge at Ridenbaugh, that ties in the whole center section. So this is a very well connected section. It has all developed in a relatively short number of years, and everything seems to be fitting together as far as pedestrian access and vehicular access. And please, like I said before, take consideration the size of this project. We have existing ped paths, you're. only asking people to walk a few hundred feet, sometimes 500 feet to getrover to some of these existing pedestrian paths, and that's not a long ways. We don't want multiple points of access along these. canals. I just - I have kids, and 1 don't think that's right. And.. if there's a ped path, if there's a pedestrian path there, then it's got to be open, and if the little two-year-old goes running up the pedestrian path and gets out somebody's front yard, we're going to have some tragedies, and that really worries me. Thanks. Stoppello: Mayor, .members of the Council, I'll be real brief on just a number of points 'that were touched on. The ingress and egress, that was all done by Ada County. When Los Alamitos was going to be approved and then Sherwood was following thereafter, Ada County got involved-and said we want access to my land. So they asked me to do a sketch, Briggs Engineering did a sketch of 36 lots, basically this subdivision, and Ada County lined up the' southern ingress and egress and-the two northern ones by their own hand. And as it has been pointed out, there are now going. to be, if I may approach - ~Corrie: F"rank, if you could use this microphone here. You can take it off the stand if you like. ` toppello: There's going`to be, as I understand it, five accesses. There's going to be e bridge over to Thousand Springs. There's the access through Los Alamitos, there's the access through here on Locust Grove, there's already one here and one here coming .down onto Victory. So there's five of them, and Ada County is the one who planned that. No one else. In fact, orginally, Ada County wanted to have two accesses to the south and then called me up and said, "Nope. We only want one." The one that goes into Sherwood `Their studies, all three developers did exactly what they were told. to do. I didn't dream up those northern and southern ingress and egress routes. As to the law in this matter, I 'really_don't think the Supreme Court said you have. an exception when you have annexation: If, in fact, it's taking without compensation, which this truly is in a small subdivision like this. People can volunteer to do that if they have a large subidivison. That's fine. I just feel .that I'm right on this and- they're, number one, if you even stay away from the law, which l know we don't like to get into a lot, but it's a stairway to nowhere. You simply cannot get an access onto that Ridenbaugh Canal. You can't. You never will. I don't care how many meetings you have with them. Number one, I don't know if they can grant an access. They are an easement holder; in other words, adjoining farmers on that canal came through granted them the access. Meridian City Council Meeting .. October 5, 1999 Page 53 , You're going to have to get permission from every farmercr on that canal if you're ever going to get an access. Not Nampa Meridian. Nampa Meridian will never give it to you. And again, both of them are accessed, as Mr. Suttor said on this side, they're an access to nowhere: And as I pointed out, I didn't even know about one, in my letter, there's an access, a,potential access, a few short blocks away where the new bridge is going to be. There's the Hunter Canal which is one, two houses away on the canal that's .already there. A perfect access. There is also this paved access that Sherwood voluntarily put in, but it is gated. You cannot go through there to get to the canal, and Becky told me tonight, and I think she must have also presented it, Sherwood has an additional access onto that canal. And as I pointed out in my letter, if you truly want to get onto a drainage ditch, the Nine Mile, all you have to do is get on right where the southern road is, Three Bars -Short (inaudible) Avenue, I believe it is. So there are accesses to nowhere. They do the public no good, they have no future chance in my opinion of everbeing activated, and if they are, there's plenty of access within a short distance, and I'm required to pay that, and I respectfully believe~that the situation is a taking. Thank you. .. ,_ Corrie: Thank you. I suppose (inaudible) take that -argue that case°in court. Okay. Unidentified: Mr. Mayor, may I say onesmore thing on this? Corrie: No. You've had your chance. The last one who gets a chance is them. They get to answer the questions that you asked. Sorry. Unidentified: Can 1 just say one thing? ~~' Corrie: No. Okay. Counsel, at this point, Iwill- youcan have a chance here because we have 20 that's going to come up again, so if you want to talk, you can at that point. I'm not trying to cut you off, but'20 is coming up and you can talk to -Council, I'll entertain a motion to close the public hearing on Item No. 19, or 20, so - Anderson: So moved. Bird: Second. Corrie: Motion is made and seconded that we close the public"hearing on Item No. 20. Any further discussion? Hearing none, all those in favor say aye. ` MOTION CARRIED: ALL AYES Corrie: Request for annexation, Council, discussion? Okay. If no discussion, I'll entertain a motion on the annexation and zoning request. !f the findings on -- Bird: Findings of Facts and Conclusions of Law. . t Meridian City Council`Meeting October 5, 1999 Page 54 "' Corrie: Findings of Facts and Conclusions of Law - "** End of Tape 3 *** Bird: Mr. Mayor. ` .,Corrie: Mr. Bird. Bird: I had a question for Shari. Corrie: Okay. Bird: I have a heartache on this pedestrian pathway that dumps right on the Ridenbaugh Canal. Do we, as a City, accept liability by dumping it out on~the canal? Stiles: The City hasn't entered into an agreement yet to take that responsibility, no. Bird:. And 1 hope~we never do. If we do, we need our heads examined. Okay. That's all. 3 Anderson: Mr. Mayor. . Corrie: Mr. Anderson. Anderson: Just _a point of discussion. I don't -seems logical to me that we should have required a stub street going out to the west more.than a pedestrian pathway that will allow a quicker access in and~out of that and not burden the other streets so much, but I guess that's not what the recommendation is. I don't know what it would take for us to put that in, but I'd rather.see something like that than I would a~pedestriari pathway there. Corrie: You could request ACHD to~look into it. You can't request the street to be put in without their approval, but you could request it. That'd be the case, you'd have to do a , ...new plat. Bird: (inaudible) Corrie: But-right-now we're looking at the annexation and zoning. Bird: Mr. Mayor. Corrie: Mr. Bird. ~`~• Meridian City Council Meeting October 5, 1999 Page 55 Bird: There's no'more discussion, I move that we approve the annexation and zoning of 12.801 acres for Tarawood Subdivision, Michelangelo Investments, LLC and for the attorney to draw up the Findings of Facts and Conclusions of Law showing such. I~don't know whether this is proper or not, but I, in the preliminary plat site-specific requirements, I am for erasing No. 5: I don't want to take responsibility: Corrie: is that part of the motion that you'd like five removed? Bird: Yes. And I hope that it wil{ show on the Facts and Conclusions of Law. Corrie: It will if that's your motion. Bird.: That's my motion. i Corrie: Is there a second to that? Anderson: May I ask for a clarification? You want to'eliminate the whole thing or just one of the pedestrian pathways or - Bird: Just Lots 7 and 8 Block 3. The one that dumps out onto the Ridenbaugh. Anderson: ~I'If second it. Corrie: Okay. Motion is made and seconded to have the attorney draw up the Findings of Facts and Conclusions of Law on the annexation and zoning with the recommendation to set'the requirements with the exception of Item No. 5 in Lot 7 and 8, Block 3 verbiage to be taken out in the 20-foot wide pedestrian pathway. Any further comments? Hearing none, all-those in favor say aye. MOTION CARRIED: ALL AYES Corrie:n Before we go to Item 21, have you had a chance to read that? Scott, if you want`to -let's go back and pick up 18 and 19 and then we'll come back to 20. 18. CONTINUED PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDiViS1ON: CITY 19. CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: ~! Meridian City Council ~ting November 3, 1999 Page 27 - '` MOTION. CARRIED: ALL AYES ITEM 14. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATiON.AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No. 14 is request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC. Staff, any comments on the Findings of Facts on this one? Let the record show°she held her finger up for one minute, please. Okay: (inaudible) Stiles: Mr. Mayor and Council, if her previous proposal is accepted to do away with the pedestrian walkways that we had previously requested,. on Page 6 of the Findings, Item 15.12, that would need to be deleted. ~. Corrie: 15.12 on Page 6. Stiles: And also Page 14, Item 3.12 would need to be deleted, and we'd also like to add the condition that a common lot be provided along the entire southern boundary of the property. That's all I had. Bentley: Mr. Mayor. ~: Corrie: Mr. Bentley. Bentley: I ..move we approve the Findings`of Facts and Conclusions of Law, request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo investments with the following additions: On Page 6, 15.12 be deleted; Page 14, Item 3.12 be deleted; .and with the addition that a common lot be;provided on the entire southern boundary. That's it. ~~ Rountree: Second. Corrie:. Motion by Mr. Bentley, second by Mr. Rountree to approve the Findings of Facts and Conclusions of Law for the request for annexation and zoning with. the additions stated by Mr. Bentley for Page 6, Page 14 and the common lots. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Bentley: Mr. Mayor. Corrie: Yes. i~ Meridian Planning a~.. . iing~ Commission Special Meetir~ August 31, 1999 y -' Page 53 De Weerd: You want to keep the recommendation then for the development agreement not to be then, because that is a staff comment. Barbeiro: No, I presume keep-the development agreement as staff. De Weerd; Not needed. Borup: Staffs comment was that a development agreement was not needed. Barbeiro: Excuse me. 1 misunderstood that. I would opt that a development agreement be included to"our recommendation to City Council. De Weerd: ~So you amending your motion. Barbeiro: IAam yes, thank you. Hatcher: And I second it. Borup:. Alt in favor? MOTION CARRIED: ALL AYES a Borup: That was Item 8. Now that we have had all this discussion; -- ITEM NUMBER 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS: Borup: Staff. Hawkins: We have no further comments to add and ask to incorporate comments from the previous item. Thanks Borup: Thank you. Becky? Bocutt: Becky Bocutt, Briggs Engineering. Please incorporate my previous comments to the record. t Barbeiro: On a personal note-l made the lot 1 block 1 as kind of an off shot and it turned into a 20 minutes discussion. If I ever do that again, remember to tell me you don't want to go there. I apologize for building such a large discussion with such a small issue. g Bocutt: Well I think the adjoining neighbors, that something needs to be addressed what's going to happen with it and if i was a neighbor I would ask the same question. Meridian Planning ar._.~ing Commission Special Meeting August 31, 1999 - Page 54 This is the first time I have ever seen that little remnant like that. As Mr. Stoppello indicated, if no one is interested then it can go with lot 3, it could one heck of a big garden. That's one idea. Borup: Do we have anyone who would like to testify on item 9. Ashworth: My name is Dave Ashworth. ,l live at 2564 Bayou Bar. I echo some of the concerns of my neighbors earlier when we discussed this. I also agree with some of those concerns but also have concerns too the fact that this is being a fill project. I would like to have an,answer about concerns about the look and fee{ of this subdivision will fit within the neighborhoods that. are all ready established such as Los Alamitos, which I live, I would like to see-you see the lot sizes are similar. That's fine, but I want to know the feel of the neighborhood is going to be very similar to what we have. Seems like it doesn't have an identity and I'd like to see some answers to ad'dre'ss as to how this is going to work within the existing subdivisions. Borup: I guess I am not quite sure of your question. I mean that is"a characteristic of in fill. Often times they don't have their own identity they are absorbed by the surrounding subdivisions. As the applicant testified earlier, the lot sizes are on the whole larger and they would anticipate that it would definitely be compatible to surrounding subdivisions. I'm not sure what they could answer beyond that. Ashworth: There is some unique aspects to Los Alamitos as far as sidewalks and layouts and those kinds of things that I would like to see maintained to keep the look and feel of the general neighborhood the same. Borup: Okay, I think we can get an answer to that. Thank you. Any one else. If not, Becky could you address that one issue? Bocutt: Yes the gentleman is correct. The subdivision will not have it's own independent identify because it does not have a separate grand entrance on a arterial road. As far as the feel of the subdivision, those will be established through the protective covenants. The. covenants will be just as stringent as Los Alamitos, if not more. The anticipated value of the homes on these Pots -obviously that is determined byahe market, but it will be consistent with Sherbrooke Hollows and Los Alamitos. They could range anywhere from $145-$150 all the way up to $200-Like on the larger lots next to the canal that are like the 23,000 square foot lot you could put a $200-$250,000 house on it. As far as the improvements, they'd be very similar. 1Ne have not . determined if we are doing off set sidewalks or putting the sidewalks at the back of curb. Sherbrooke Hollows has sidewalks at the back of curb. Los Alamitos has, I believe, 5 foot, 4 foot off set side walks. That particular item has not been determined. ~s far as they are worried about the value of their properties, this will be'consistent and compatible. ~. Borup: Thank you. Commissioner's. No other questions, discussion. I am waiting for a motion. . t Meridian Planning ar~,_, ling Commission Special Meetin~ August'31, 1999 Page 55 Barbeiro: I move we close the public hearing. Hatcher: Second it. Borup; Moved and second we close the public hearing. All in favor? . MOTION CARRIED: ALL AYES Borup: Did we have all the discussion last time. Any final comment from staff. Can we still remember the discussion of things you wanted to add to your motion. , De Weerd: Mr. Chairman, I move that we recommend for approval annexation and opps sorry-wrong one. The request for preliminary plat for Tarawood Subdivision to include additional conditions that being that they maintain or deed out lot 1 and that they an additionalcondition~would be,that a pedestrian path between lot•7. and 8 be added and to incorporate all staff comments. Hatcher: I second it. Borup: Discussion. Barbeiro: Mr. Chairman. The notes on staff requesting a pedestrian pathway between lot 7 and 8-do we have the option of within the recommendation to City Council, allowing them to put it between 7 and 8 or between 8 and 10 or between 10 and 11- howeverthe developer sees fit, or do we have to designate a specific spot. Borup: I think we can leave that open De Weerd: Yes, I would withdraw the specifics that a pedestrian path be connected . with the pedestrian pathway in Sherbrooke Hallows in some manner. . Borup: It would not connect with Sherbrooke Hollows path because it just goes to- De Weerd: Then, the pedestrian bridge. Barbeiro: Essentially you want to state that there be a pedestrian pathway- ., Boru It would o inaudible easement is what ou sa ins p~ 9 ~• ) Y Y g• Barbeiro: That connects east to Tarawood Street and the Ridenbach Canal easement. De Weerd: Did you get`that Steve? I amend my motion. Hatcher: I second her amendment. h'- t ~ ' Meridian Planning ar'~.~ning Commission Special Meetin~ ~t August 31, 1999 -Page 56 Borup: °Any other discussion. All in favor? MOTION CARRIED: ALL AYES ITEM NUMBER 10. REQUEST FOR CONDITIONAL USE PERMIT FOR TWO 2- STORY OFFICE BUILDINGS (EAGLE ROAD PROFESSIONAL CENTER) BY ANDREW SIMONDS-FERMOR, LLC-GENTRY WAY AND ALLEN STREET: Borup:. I need to mention that Commissioner Ken Brown has joined us for this application and the rest of the evening. Looks like we got Steve. Siddoway: Mr. aChairman and Commissioner's; this application before you as yvu mentioned two two story office buildings. The site is located on this map in the cross hatched area. The application that we all ready reviewed previously tonight for Sonntag the medical office building, is on this parcel. Again, the parcel right here is for the Holiday Inn. Express. To the north we have a Texaco `and further north we have the Eagle Partners Chevron McDonald's project. Hubbell Engineering site is here and St. Luke's would be across Eagle Road in.this area marked as L-O. This project has been before you before for annexation and zoning and tonight this is the conditional use permit. You should have our comments dated July 12, 1998-1998 that is what is says. We would change that to be 1999 and request'that they be included in the testimony tonight. The applicant has contacted me with concerns about the requirement for no temporary signs. The concern was that it would prohibit a construction sign on the site and for lease signs. l would like to state for the record that the -that requirement is not intended to prohibit those signs. It is intended to prohibit temporary signs of occupancy in the future, sandwich boards, A Frames, other banners afrixed to the sides of the building once the building has occupancy. Specifically the construction sign on the property during construction and a for lease sign when it is trying to be leased is not prohibited by that requirement. That is all I have at this time. De Weerd: Steve, can you tell me that parcel behind Chevron and north of the applicant parcel where Allen.Street is going to go through-do you know the progress of that? Siddoway: The progress of the street? I do not. Hawkins: The requirement Chairman De Weerd is for-there is 108 foot ACRD right of way that is required to be constructed as a part of Eagle Partners project. They are only. required to stub to the property line. At this point, I don't believe we are aware of any time frame for looping that to head south to align with Allen Street. They are just required to go to that west property line of the Eagle Partners site. There is no time line that I am aware of. Barbeiro: With regards to the discussion about the sewer access that we had in a prior hearing, what effects do (inaudible) on this lot. ~ ~ MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 63 16. PUBLIC`HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR IN HOME DAYCARE BY KATHY PURCELL-LOCATED AT 2241 E. C~LARENE STREET: (CONTINUE PUBLIC HEARING UNTIL 1015/99) 17. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 4.34 ACRES (R-T TO C-G) BY~SONNTAG EYE ASSOCIATES OR ASSIGNSY LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 18. PtfBL1C HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 60,000 SQUARE FOOT MEDICAL OFFICE BUILDING AND OUTPATIENT SURGERY FACILITY BY SONNTAG EYE ASSOCIATES OR ASSIGNS LOCATED AT LOT 15 OF MAGIC VIEW SUBDIVISION: (CONTINUE PUBLIC HEARING UNTIL 1015/99) 19. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC SOUTH OF LOS ALAMITOS PARK ~ NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) 20. , PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC--SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: (CONTINUE PUBLIC HEARING UNTIL 10/5/99) Rountree: For those~of you who have been here all night listening to hearings, it's past 10:30, and we will not open by recommendation of the Council additional public hearings this evening. Those hearings, point of information from Council, we should continue those; is that correct? Anderson: To a date certain. F` Rountree: To a date certain? Do we have to do that on each individual one or can that be done as a group? Gigray: Mr. President, members of the Council, 1 believe that if you entertain.a motion with regards to all the public hearings sb long as you list the items on the agenda that you'd,be referring to, and then list the date certain upon which those public hearings will be conducted. I suppose you're looking at October Stn Rountree: Mr. Bentley. ti i ~- ~ 9 MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 ,' PAGE 64 Bentley: Mr. President, !would move that.we.continue the public hearings for Items No. 13 through Item 20 until October 5`n, 1999, and that is on the revised 9/20/99 agenda. ` Bird: Second. Rountree: Been moved acid seconded to continue public hearings on .agenda Items No. 13, 14, 15, 16, 17 18, 19 and 20 until our next regularly scheduled meeting October 5`n Any discussion? All those in favor`? MOTION CARRIED:- ALL AYES Rountree: I'm sorry for that; because of the lateness of the evening we've got to move on. Everybody understand that it'll be October 5`n? Okay. It'd be on the front of the agenda. We won't have another two-hour hearing between you and - Bentley: Table the rest? k' Rountree: Well, we can move on the rest if -- I mean, it shouldn't take Bird: Shouldn't take as long to go through these. 21. REQUEST FOR FINAL PLAT OF TREMONT PLACE SUBDIVISION NO. 1 AND 2 BY LARRY HANSEN AND L.UNA V{STA, 1NC. -BROADWAY AND 8r" STREET (951 W. PINE): (APPROVE) , Rountree: We've just got some preliminary plats. Next on the agenda would be Item 21, the final plat for Tremont Place Sub No. 1. Staff, any comments? Stiles: Mr. President; Council, this is for the Tremont Place Subdivision, it was submitted as No. 1-and `No. 2. This area right here, the Hansens owned and they decided to combine these two plats for a final plat. We have received a response from the applicant; they have indicated concurrence with our recommendations, and we would recommend approval. Rountree: 'Any questions for Shari? Bird: 1 have none. Rountree: It doesn't appear that there is anybody here representing the applicants. Was Bob -okay. He's gone. Need a motion for consideration of the final plat for approval. Bentley: Mr. Pr•esident.-e ', ,< ~ ~.~ ;r.. ~_ Meridian City Council Meeting October 5, 1999 + Page 60 . Bentley: Are we going to need to hold this until the annexation? Corrie: Yeah; we do. We can't (inaudible) to do it either way. We should get the - `Bird: We can (inaudible) the Findings of Facts. Mr. Mayor, I move that we - in favor of the conditional use permit for 60,000 square foot medical office building and outpatient surgery facility by Sonntag Eye Associates or assigns located at Lot 15 in Magic View Subdivision and the attorney draw up in favor Findings of Fact and Conclusions of Law and Decision and Order showing~such. Bentley: Second. Corrie:- Motion made and second to approve the request. for conditional use permit and have the attorney draw up the proper form on the CUP. Any further discussion? Hearing that, all those in favor say aye. MOTION CARRIED: ALL AYES 21. CONTINUED PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION~BY~MICHELANGELO INVESTMENTS, LLC- SOUTH OF LOS ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Now we'll drop down to Item 20. This is a continued public hearing: Request for, annexation - I'm sorry. Twenty-one, continued public hearing: Request for preliminary plat for Tarawood Subdivision by Michelangelo Investments; LLC. We've had a request that the testimony that was issued on Item 20 would be incorporated in 21 by Mrs. Bocutt and Mr. Stoppello. Is there anyone else from the public that would like to issue testimony in this case? If you°want to, you can now. Riley: Again, just one more time, gentlemen. I implore you to notice that Briggs Engineering's contradiction saying they do have plenty of access. Well, that is true. They do have five accesses into the property, but they're all through other subdivisions. They're still- they're assuming that we want all the traffic either coming through, out into Time Zone, down Bayou Bar and out through Raven Hill which is going to affect another one, going out through - up through Los Alamitos again down Three Bars over, the new Eagle~bridge and ,out to Eagle. All their accesses, I don't know this Ada County Highway District study, I don't know - it only makes sense if people work out in Nampa. They're still going to come through Los Alamitos. If they work. in Micron, they're still going to come through Los Alamitos. If they have.to come through, back through Sherwood and out and then down, that's not a legitimate way to go. It's going to be much faster to go through Los Alamitos, get on~Locust Grove and down Overland. And as soon as the - or out to the Meridian onramp onto the freeway. So they're putting a S 4 Meridian City Council Meeting October 5, 1999 Page 61 a , lot of burden on our subdivision, especially on East Party Jet. That's not -they haven't given that enough consideration there.- You know, it looks good on paper. You guys come out there and try. to live in our subdivision when you have that much increased traffic. And then to contradict you,, I wasn't talking that Los Alamitos has any parks. That's not my concern. We do not have any as a subdivision, but right here we do have a huge common area, and so all entrance and exit through our subdivision has to come through that, and that's where our liability comes. So any accidents that fall on there, I'rn not worried about the individual homeowner. Everybody should have their insurance up to date, but out there, that's where we're liable. Right now we only have $1,000,000 of insurance. That won't cover anything. You know, lawsuits today easily, are in excess of $1,000,000, so now we're going to have to take out an .umbrella policy to cover that. That's all 1 have to say. Corrie: Thank you. Anyone else that has any new testimony that hasn't been heard on Item 20? Any comments that you had? I'll entertain a motion to close the hearing on Item 21. Bird: So moved. Bentley: Second. Corrie: Motion made and seconded to close the public hearing on Item 21. All those in favor of the motion say aye. MOTION CARRIED: ALL AYES ,.~ Corrie: Okay. Any further discussion, Council? Okay. I'll entertain a motion or. the request for preliminary plat for Tarawood Subdivision by Michelangelo Investn',ents, Item 21. Before I do that, Gary, you had aletter - I'm sorry. That's another -• that's a different subdivision. Sorry. Bird: Mr. Mayor. Y Corrie: Mr. Bird. • a Bird: We've still got on 1.27, this is really direct, provide a 20-foot wide pedestrian pathway connecting the subdivision to the Ridenbaugh Canal. I mean, it's stating whether it goes right out to the Ridenbaugh Canal. I'm still. not in favor of that. Corrie: Well, make your motion and strike it. 'Bird: You ready? Corrie.: Mr. Bird, you have the floor. . ~ ~ ~ .. v Meridian City Council Meeting ~ '~ October 5, 1999 ,,, Page 62 Bird: You wanf me to go? Mr. Mayor, =I~move that the City of Meridian pa"ss the preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of SherbrookeHollows with the Planning and Zoning's ;~ recommendations except for 1.27, delete that comp(ete(y and for the attorney's Findings of Facts and Conclusions of Law and Decision and Order. Corrie: Motion has -been made by Mr. Bird. Is there a second to the motion? Bentley:. Second. - Corrie: Okay. Motion is made and seconded to request the preliminary plat for Tarawood Subdivision to be approved with recommendation of Planning and Zoning with the deletion of,1.27 in the recommendation. Further discussion? Hearing none, come up with a question, all those in favor of theamotion say aye. Bird: Aye. ; _,Corrie: Opposed, no. Anderson: No. ,Corrie: I didn't hear yours. a ,Bentley: I'm debating. Corrie: I've got one and one. Can't get rid of the tie this way. Bentley: No. Corrie: Okay. We have two no, one aye. Motion is defeated. MOTION DEFEATED: ONE~TO TWO ..Corrie: (inaudible) so we have to have another~mofion for either - !guess you can't. You defeated the motion..Okay. . Bird: It's done. Corrie: It's done. I'm sorry. We annexed it but didn't approve the preliminary plat. `, (inaudible) done here tonight? Have you followed that? I'm-sure you did, but -okay. Thank you. f ,. i Meridian City Council Meeting r October 5, 9999 Page 63 Corrie: Item 22 was tabled from 9/21/99: Request for final plat for Vienna Woods Subdivision No. 1 by Skyline Development Company, 5400 North Locust Grove Road. Gary, I think you had a letter here. Would you kind of -let us -what you had there. Bird: Mr. Mayor: Corrie: Gary's -yes. Just,a minute. Gary. Smith: Mr. Mayor, Council members, I put together a response to the comments that the applicant had made in regards to our original staff review comments, and I tried to answer the applicant's concerns to those specific, and there was;one general requirement comment that the applicant had. This memorandum that !submitted to you and each Council member and City Attorney today is dated October the 4th, and it concerns both No. 1 and No. 2 final plats. if you'd like, I'll just review these comments unless you have some questions or concerns about what I have written. Corrie: Okay. Just a minute, Gary. Rossman: Mr. Mayor, sorry, Gary. I apologize for being so slow. I was a little slow in catching what happened on Item No. 21. I don't know if you want to revisit it after we deal with 22. My recollection is there was a motion to approve that was defeated. We probably better have a motion to deny it. Corrie: Yes. You're correct. I was - we were sitting. here talking about that, so I will . entertain a motion to that affect, yes. Bentley: We'(I do that now? Corrie: Yes. Let's do that now. I'm sorry. We'll hold Item 22 - Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: I move that we deny the request for preliminary plat for Tarawood Subdivision by Michelangelo investments. t. Anderson: I'(I second it Corrie: Motion was made and seconded to deny the request for a preliminary plat for Tarawood Subdivision. Any further discussion? ~~ 4 F. ~ - ~ ~ v Meridian City Council Meeting October 5,,1999 Page 64 Anderson`: Mr. Mayor. Corrie: Mr. Anderson Anderson: I think it'd be helpful for the applicant if we did kind of discuss what we didn't like about it so.-that first step. I guess one of the things I .didn't like was the access, again, not having stub streets out to possibly Locust Grove or something like th:~t. The unresolved irrigation system, and then also reading through, the packet that wE have here, the school-district says that they're at maximum with the school districts that are served by this subdivision now, and. we just continue to keep adding to that burden. The moreahese -the more that we annex. And then the fact that - I would like to see the pedestrian pathways at least put in to the one canal on the"east side there, and that was also reflected in the motion. Those were my concerns with it. Corrie: Other comments, concerns? So we give some guidance here? Bird: I voted for it. Corrie:n Any other comments for the.- Becky, l'm going to give you achance - Bocutt: I just have a question. Corrie: -- here. Okay. I follow you. Bocutt:, This is one:of those strange nights. Corrie: You're telling me. , Bocutt: Abridge over the Five Mile Creek, ACHD on where we put bridge locations is dictated, obviously, by traffic volume, not by convenience. Secondly,) had to fight tooth-and-nail with the EPA, Army Corp of Engineers, any piping on that Five Mile Creek, they want it~op'en for birds, 'vegetation, et cetera. If I go in there and try -they told me don't come back in this area and ask to pipe any section of the Five Miie. Corrie: Nine Mile. Bocutt: Nine Mile. Excuse"me. So, I mean, I am just -this is a strange little parcel that ' I just don't have options. And we're 32 lots. I mean, I guess to deny this and mike Mr. Stoppello start over makes no sense to me. If they are design issues,. then I think it should be deferred for discussion. That's my opinion. We spent~money, we spent a lot of time. 1 can't make - !can't put a bridge there if I can't get a permit to do so from EPA or Army Corp, and Highway District says that's senseless. I can't. I can't comply. Bentley: Mr. Mayor.. 9 -° Meridian City Council Meeting October 5, 1999 Page 65' Corrie: Mr. .Bentley. Bentley: ,I wish we could have had that in the open testimony. Now that thejfolks have gotten up and left;- Bocutt: Well,xl don't- - ~~ ~ . Bentley: ~We have areal;problem now with doing anything without, you know, rescheduling another public hearing. .. Bocutt: Then I guess my recommendation would be I would like you to defer the Item - t } t F Bentley: Well,. we can't defer it.:< - + Bocutt: _= and re-notice it. t guess we would pay to re-notice it to - Corrie: Well;,we'd have to do a reconsideration; is that correct? Bocutt: I understand that. . ; Bentley: ~ I would agree, yes. Bocutt:. ~I didn't address that because I didn't believe that was one of the big concerns. Bentley:- Well - w Bird: But;you did address it. ';You addressed that the stub out roads was strictly done by the Ada County Highway District. ~,, fi `~ `: Bocutt: Yes, sir, but as far as the bridge and our EPA, Army Corp year-long battle - Bird: Well, that would have been in there if Ada County Highway District would ask it to be in there... Corrie: And I had heard Shari mention the possibility of a stub street,_and then I didn't hear any comment from you on the Army Corp (inaudible). Bocutt: Well, I mentioned the stub street is the connection there out of Sherbrooke for Mr. Shipley;, Mr. Suttor, those parcels:, That's where they're secondary ;means of connection.. That's the importance of the connections here is emergency vehicles, school buses, fire department; those are our primary concerns, and then the issue of volumes. Those are;,concerns, too. But all of these streets have been evaluated considering,this property would develop at its highest density which it is not. ~. • . k Meridian City Council Meeting October 5, 1999 Page 67 MOTION CARRIED: TWO TO ONE. ' Corrie: Okay. Now we need to reconsideration -they have to make that application, do they? Bird: They have to make the application. Rossman: Shari, what is the procedure for reconsideration of City Council action? ,t Stiles: We don't have one. Rossman: There's not an ordinance in place? ~ ' f Stiles: ~No. ~, Corrie: Well, we just had a reconsideration on something here not too long... ago, so all the applicant can do is send a letter they want us to reconsider and then we sch~:dule it? The Mayor schedules it? e Bird: (inaudible) Corrie: And we notice it? Stiles: BiII Gigray had proposed a reconsideration, but Gary and I were both very opposed to that-what he had come up with because it opens it up to everybody that doesn't likeyour decision and asks you the same thing again, so - Corrie: (inaudible) trying to close (inaudible). Rossman: I think Bill's intention, if I may, Mr. Mayor. I think Bill's intentions were to codify an ordinance as to what the procedure is for reconsideration. Rather than proceeding on ad hoc basis without any ordinance .authority, and hopefully that can- be done, but !know there is a history of practice, and I know Ms. Butler-who walked up to the stand has some personal first-hand knowledge of that previous practice, and we can certainly, if there's ..not, an ordinance that precludes it, then, certainly, proceeding in the manner that it's been done in the past is -there's nothing that.would legally prevent that: Butler: Mayor Corrie, Council members, just as a member of the public I can, if you'd like some -you are governed by .Roberts Rules of Order under your ordinance, and under Roberts Rules of Order, you have the right to reconsider which ~is a motion made without notice, the two-step motion whereby at your next available hearing you can t r° Y ' x • a. Meridian City Council Meeting T October 5, 1999 Page 68 move to reconsider if you should decide to reconsider it, you can either deliberate right then and there or move to notice a public hearing. V Rossman: However, if the- intention is to allow public input again rather than just a ..reconsideration of your determination, the notice requirements are going to need,to be complied with. You:can, you know, on your own = at your next hearing,. decide ao reconsider your decision, but if you want public iriFput and you want the public to be able to address the issues that were raised subsequently, then notice should be provided. Bird: Mr. Mayor. Corrie: Mr. Bird. F Bird: Is that; Councilman Bentley and Anderson, is that what you wanted? Another public hearing? I don't feel it's necessary to have another public hearing. Corrie: Oh. I do: y .Bird: I mean,.) don't know why we need a public hearing. I think we should notice it and re-do it at-the next meeting, but why do we need another public hearing? Corrie: We may have public testimony that wants to hear it. What are your feelings? We have one for and one against. Bentley: I guess my feeling is we ought to go back before the public, too, and they ought to be invited to comment one way or another on it. Corrie: Okay.. Do we$need to then have a motion for - to have a public hearing on this same item? ' Rossman: Well, Mr. Mayor, I took Ms. Bocutt's comments as a request for a reconsideration, so if the intention isto have public input, then yeah, I-would say that there should be a motion to take public input at a date certain and that notice be ;provided on a motion of reconsideration which was raised. by the applicant. Bird: Mr, Mayor. Corrie: Mr. Bird: Bird: How long do we have to notice that? Can we do it in two weeks?, Do we have time.? Corrie: No. ,t. .~ T S a Meridian City Council°Meeting ' October 5, 1999 Page 69 Stiles: No. . , Cowie: (inaudible) . Bird: We'd have to go to the November 3`d meeting? Cowie: We have to go to November 3`d, yeah. Bird: Okay.. Mr. Mayor. Cowie: Mr. Bird. Bird: I move that we reconsider for public,testimony on November 3`d, the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and. north of Sherbrooke Hollows and for the advertisement of the public hearing be put forward. k Anderson: I'll second it. Cowie: Okay. Motion was made and seconded that we reconsider for public hearing on November the 3~d for the requestfor preliminary `plat for Tarawood- Subdivision by Michelangelo Investments, LLC for the November 3rd hearing. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION .CARRIED: ALL AYES Cowie: Mr. Clerk, if you'll do that, notice that one. Al(°right. Okay. 22. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 1 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: 23. °TABLED 9/21/99: REQUEST FOR FINAL PLAT- FOR VIENNA WOODS r SUBDIVISION NO: 2 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: Cowie: Okay. Now we go back to 22. Gary (inaudible) to continue with this explanation on 22. Okay. Gary, go ahead. Smith: Thank you, Mr. Mayor, Council members. The applicant had responded to your staff review comments that were previously made, and the applicant had sorne questions and concerns about some of those comments, some of the staff comments. I submitted to you today a memorandum that I had written on .October 4th addressing the ~~%~ Meridian City Councc;~;eting .,,~, November 3, 1999 Page 21 Bentley: Mr. Mayor. Come: Mr. Bentley. Bentley: I move we table -continue the public hearing for conditional use permit fora 96-unit apartment by Ionic Enterprise until`11/16/99 Bird: Second. - . ~~ Corrie: Okay. Motion is made by''Mr. Bentley, seconded by Mr. Bird to continue the public hearing on Item No. 12 until 11/16/99. Any further discussion? Hearing none, all those in favor of the motion-say aye. MOTION CARRIED:.rALL AYES '~ ITEM 13. PUBLIC HEARING: `REQUEST FOR. RECONSIDERATION OF PRELIMINARY PLAT FOR TARAWOOD SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF-LOS ALAMITOS PARK & NORTH OF SHERBROQKE HOLLOWS: Corrie: Item No. 13 is a public hearing: Request for reconsideration of a preliminary plat~for Tarawood Subdivision by Michelangelo Investments, LLC. At this time, .I'll open the public hearing. Mr: Gigray. ,~, Gigray: Mr. Mayor, members of the~Council; just a point of procedure, I reviewed the notes concerning this particular matter and the various motions that were made, and I, to assist the Couhcil in this regard, it's my opinion in reading; hose that actually no motion concerning tfiis'matter ever passed: The motion that did pass was to continue thet public hearing, and I think that at least from my standpoint~as I would prepare Findings if you~reachaome type of conclusion would be just to show this as a continued public hearing. if that's agreeable with the members of the Council. That's how I see the minutes as I read them. ~ 3 '~. .. Corrie: Okay. Then Item~13 will be a`continu'ed'~public hearing rather than public hearing. Same thing, but it's continued. ~Staff,~~any comments? r ;. Stiles: Mr. Mayor'and Council, my recollection of;whaf happened=was the public hearing was closed,`the'plat was denied, and after that happened:, the applicant's "representative'got up and gave additional testimony that the rest -the people that were m opposition to the project, they had already.left because the public hearing was closed. 'I think that was why-the public~hearing was re-noticed so 'that those people would get notification of this public hearing so that the a~ applicant's representative could bring forth any new testimony that they had since the public hearing was closed. We probably should be acting on the Findings"on the annexation and zoning prior to-any action on the plat. a ~, ~; Meridian Gity Councileting ~~ November 3, 1999 Page 22 Corrie: Mr. Gigray. Gigray: Mr. Mayor, members of the Council, I just reviewed the minutes before coming here, and as I read them, it appeared to me the motion that was made by, I think it was Councilman Bird,. didn't pass.. Then there was a discussion, -then it was finally determined to continue the public hearing for more information. But be that as it may, you all decide how you view that. I just wanted to make . comment, I think, since you continued the public hearing, you could proceed to take aestimony'on -then we can deal with that. Corrie: Is the applicant here this evening? Becky. Bowcutt: Also, I apologize for my attire this evening, but`I don't have anything that I can coordinate with this that's dressy. Becky Bowcutt, Briggs Engineering, 1800 West Overland, Boise. Just to refresh your memory, we did hold the public hearing on the annexation and the rezone request to R-4. I submitted my testimony. Mr: Stoppello submitted his, and we did have opposition from the Los " Alamitos Subdivision residents and the President of the Association. Their main concerns was issues of liability and traffic.- Then the motion was made to ~~ approve the annexation and rezone and adopt appropriate Findings. I believe in the motion they removed condition requiring a pedestrian access to the Ridenbaugh Canal. That was supported unanimously. At that time, Councilman Anderson did not state that I will, support the motion; however, I have some reservations or concerns-about the development. So when the preliminary plat was opened up, I basically asked that my testimony on the annexation be submitted for the preliminary plat also. Obviously to save time because the hearings have gone quite long. The opposition did get up. I believe the President of the Association got up; made a couple of comments, and then the vote was taken to deny the plat. What I was puzzled about is the annexation was kind of tied to the plat, and so I wasn't sure what had transpired, but I came away confused. I did jump up. I did ask for reconsideration because if Councilman Anderson, Councilman Bentley had some concerns and wanted additional information to make a decision upon this project, then (wanted an opportunity to submit that: That's why I'm here this evening. I did get a letter from Ada County Highway District.' I don't know if Will distributed that to everyone. Wi((, did - I faxed it to Will this morning. Yes. I met with Ada County Highway District, Dave Slatt (sic), Christy and Steve Arnold..i went over the concerns that the Council had brought up and the concerns of the neighborhood. They generated this letter. Basically what it states is these two stub streets out of Los Alamitos .must be continued into-this project. The extension of these roadways does not exceed capacity of-the local streets in Sherbrooke Hollows or Los Alamitos, and that staff supports the proposed layout without a'ny additional, unnecessary stub streets to the west. I did bring some maps for you to make it a little easier. On the overhead you can't really see where the traffic's going because it's cut -off. These are maps that let you view from Locust Grove to Eagle Road and out to Victory. They're too big for an overhead, so - If you noticed on that map, the Meridian City Counci~eting ~ e . November 3,1999 Page 23 , project in question has the black line around it. As you can see, the stub street to the south in Sherbrooke Hollows has a pretty direct path out to Victory. Also, it has a pathway out.to Locust Grove. So there are three points of possible access through Sherbrooke Hollows and then there are these two stub streets that will lead to one acce"ss up here going out to Locust Grove. There's also the potential "for traffic to split and go out to the east through the vehicular bridge over the Ridenbaugh and .get into Thousand Springs. It has always been important that we make some type of connections to these public streets. This particular section with that vehicular bridge being in the middle of the section provides many options. This parcel is a smaN parcel. We're talking 32 single-family lots. The density of this project is less than L`os Alamitos. It is comparable or less. than Sherbrooke Hollows, and consistent with Thousand Springs. The fears that they neighbors had was that a(f the traffic would use their streets. According to .Ada County Highway District, that is not correct. If people, depending on which direction they're. going to go and where they live within this Tarawood Subdivision, they're, going to take multiple routes. Accesswise, this property has with the three stub streets, a lot of different options. This was the traffic study that was done on Sherbrooke Hollows. Since then, we came in with that Sherbrooke Village which brought this street straight down. It was estimated this project would dump up to 300 trips per day into Sherbrooke Hollows. That was based on the traffic engineer's estimate. You -the average single-family dwelling generates up to 10 trips per day, and`so that`d be about 30 homes. The t. other thing IM wanted-to bring to your attention that l brought up the fact that the bridge was' not a good idea over the Nine-Mile drain, and was the difficulty that we have had in the past dealing with the Army Corps of Engineers and the EPA. This is a letter I got from the EPA, and it took me over a year to be able to pipe a portion of that Nine Mile drain, and I would just like to read this to you: "The Environmental Protection Agency strongly objects to the proposed elimination of .this reach of Nine Mile Creek. Despite the existing degraded condition of this stream, there are opportunities to improve the condition of this stream as long as it remains an open channel. Putting the stream into a pipe forecloses these opportunities." Werspent hours and hours and hours with these EPA guys on just a pipe. This wasn't even the big drain. This was just a little ditch-that fed the Nine Mile drain, butYbecause on the map it said Nine Mile Creek where this little tiny ditch was, we fell under Army Corps jurisdiction. I'll submit that for the record also. We would have to, in order to cross that creek with a bridge, we would have to deal with Army Corps ~of Engineers, Environmental Protection Agency, Fish grid Wildlife Service, we have to deal with Nampa Meridian Irrigation District. There is a whole regiment of agencies that we must go through, and they must all consent to the structure that we intend to put into these facilities, and that was my problem here. Everyone consented except for the EPA, and it took us many, .many months of discussions and trying to find alternatives, and when we could.,,, demonstrate that we had no alternatives, theyfinally went ahead and approved our project. The other thing I'd like to mention was the issue of pressure irrigation that was brought up. We will not be connecting to Los Alamitos' pressurized irrigation pump station. I have met with Nampa Meridian Irrigation Meridian City Counci~eting '~ November 3, 1999 Page 24 District. They indicated to me that that `system is at capacity. There are problems with that system, and they said` the problems are due to the fact that the` engineer, the previous engineer, who designed it, we did the last phase,. but the irrigation design was done prior to us working on the project, did not loop lines. There are many dead-end fines within Los Alamitos Subdivision. Those dead-end fines are causing problems with pressure. So that is out of the question as far as any irrigation for this particular project. We have two options according fo Nampa Meridian: Go in and upgrade the pump station for Sherbrooke Hollows and Thousand Springs; that would require bringing three- phase power into it or, two, have an independent pump station for this development. Those are the two options. We have adequate water sourcing for that. It's just a•matter of which way Nampa Meridian determines they want us to go. What was the other -the other issue was the issue of liability. It was stated that the Los Alamitos had concerns that if our traffic went through their development, a car accident happened, that they could have liability problems. According to the Ada County Highway District, that is ridiculous. They said that should have no bearing. The last issueahat was brought up was the issue of schools. ,4 letter was sent by Mr. Carberry. It talks about the overcrowding that's taken place in the schools at this time. Mr. Carberry says these are their new' letters. They neither approve developments nor do they recommend denial. They're giving us the facts. He is stating that the schools out in this vicinity, especially Mary McPherson is over capacity. They're trying fo get a new site right now. I've been working with them. They want a site south of Victory, but we've got to figure out how to get sewer to it because the Nine Mile trunk is at capacity. So that is an issue. The high school site, they believe they're going to build that. within a couple years. The middle school will have some relief in the faN of 2000 with the new one east of Eagle Road. So we are making headway. But these types of letters -we're going to see a lot more of them because this situation is pretty much the same for most projects in the Meridian area at this time: We're asking you,to approve this project. We feel it's a good project. It is an abnormal parcel; it is in-fill. We've done the best we can with what we have to work with and the limitations. Ta put a bridge either to the west or to the east doesn't. make any economic sense, and the Highway District says they will not support if. Do you have any questions? Corrie: Council? Bird: I have none. Corrie: All right, Becky. They don't have any questions. Bowcutt: One thing I did forget, the applicant did meet with'Shari, and he`and Shari did come to some agreement on pedestrian access. Just for the record, Nampa Meridian has an easement here where the small drain turns into the big drain, and he's agreed to grant a pedestrian easement across the back, and there's also a Nampa:Meridian easement here. We grant an easement back t°: Meridian City Counci~eting ~~ November 3, 1999 Page 25 here and link in with this pedestrian pathway that's already in existence, and that 10-foot easement would link to that. So we would not have a new point of access to the Ridenbaugh, but we would merge our access with this one, a'nd that would put it right at the vehicular bridge. So we will provide easements for that access, and then if that bridge ever came in, you could walk back behind here and then you could go down the Nine Mile drain. , -Bird: That's your complete south -make the -across the whole south? Bowcutt: Yes, sir.. Linking right into this pedestrian path. Run the south boundary. Bird: And no more to the Ridenbaugh? Bowcutt: No. We would not have a separate access.,to the Ridenbaugh. No, sir. Bird: Okay. Corrie: No questions. Bowcutt: No questions? Corrie: Nope. Anyone else here tonight that would like to 'issue testimony on this ' request? Okay. Hearing none; I'll entertain a motion to close the continued public hearing. -Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we close the continued public hearing regarding the preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC. ~` Bentley: Second. Corrie: Motion is made and seconded to close the continued public hearing on Item No. 13. Any further discussion? Hearing none, all those in favor of the motion•say aye. ' MOTION CARRIED: ALL AYES Corrie: Discussion? Bentley: Mr. Mayor. Come: Mr. Bentley. "* n ~. ~ _ Meridian City Counci~eting f,~; November 3, 1999 Page 26 Bentley:. 1/Vould -question for counsel. Would this require new Findings? Cowie: Mr. Gigray. , Gigray: Mr. Mayor, Councilman Bentley, we do Findings on preliminaries. We don't on finals. Bird: This is preliminary. So we would have to have Findings. Gigray: The Findings that we do are simply to.try to follow the provisions of your ordinance with regards to preliminaryaplats and the. conditions preceding to granting them and including the conditions imposed in granting a preliminary plat if you grant it. Bentley: My question was because of the new testimony brought forth whether we should have some new Findings. Gigray: There have been none prepared. ' Bentley: Thank you. That's all I have. Cowie: Any other discussion? Bird: I have none. Cowie: Okay. The Chair will entertain amotion - Bird: Mr. Mayor: Corrie: Mr. Bird. Bird: I move that we direct the attorney to Findings of Facts and Conclusions of Law and Decision of Order for Tarawood Subdivision by Michelangelo Investments, LLC and approval Bentley: Second. ¢ Corrie: Motion made by Mr. Bird, second by Mr. Bentley to have the attorney draw up the Findings of Facts and Conclusions of Law on the Order in the affirmative. Any further discussion? Bird: I have none. Corrie: All those in favor of the motion, say aye. ~` Meridian City Counci.eting ~• November 3, 1999 Page 27 MOTION CARRIED: ALL AYES ITEM 14. TABLED 10/19/99: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 12.801 ACRES FOR TARAWOOD°SUBDIVISION BY MICHELANGELO INVESTMENTS, LLC-SOUTH OF LOS ~ ». ALAMITOS PARK & NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No. 14 is request for annexation and zoning of 12.801 acres for Tarawood Subdivision by Michelangelo Investments, LLC. Staff, any comments on the Findings of Facts on this one? Let the record show she held her finger up for one minute, .please.,. Okay. (inaudible) i Stiles: M4r. Mayor and Council, if her previous proposal is accepted to do away with the pedestrian walkways that we had previously requested, on Page 6 of the Findings, Item 15.12, that would need °to be deleted. Corrie: 15.12 on Page 6. ~' Stiles: And also;Page 14, Item 3.12 would need to be deleted, and we'd also like to add the condition that a common lot be provided along the entire southern boundary of the property. That's all I had. Bentley: Mr.f Mayor. Corrie: Mr: -Bentley.. Bentley: I move we approve the Findings of Facts and Conclusions of Law, request for annexation and zoning of 12.801 acres for Tarawood Subdivision b_ y Michelangelo Investments with the following additions: On Page 6, 15.12 be deleted; Page 14, Item 3.12 be deleted; and with the addition that a common lot be provided on the entire southern boundary. That's it. Rountree: Second. s t ` ~ Corrie: Motion by Mr. Bentley, second by Mr. Rountree to approve the Findings r of Facts and Conclusions of Law for the request for annexation and zoning with « the additions stated by Mr. Bentley for Page 6, Page 14 and the common lots. Any further discussion? Hearing none, all those in favor of the motion say aye. -MOTION CARRIED: ALL AYES Bentley: Mr. Mayor: Corrie: Yes. a .~ s R ~ Meridian City Counc: ~ing ~ ~. ~ ` ~' November 16, 1999 Page 3 ~ ' Corrie: Mr. Rountree. Rountree: Aye. :.:MOTION CARRIED: ALL AYES . ITEM 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR RECONSIDERATION 'OF PRELIMINARY PLAT FOR TARAWOOD k SUBDIVISION BY MICHAELANGELO INVESTMENTS, LLC -SOUTH OF LOS ALAMITOS PARK AND NORTH OF SHERBROOKE HOLLOWS: Corrie: Item No. 2, Findings of Facts and Conclusions of Law: Request for reconsideration of preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC, south of~L`os Alamitos .Park and north of Sherbrooke Hollows. Staff, comments on Item 2? Stiles: I had no problems with the Findings with No. 2. Corrie: Okay. I'll entertain a motion on Item No. 2. Rountree: Mr.,Mayor. Corrie:- Mr. Rountree. Rountree: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order for the preliminary plat. Corrie: Do 1 hear a second? Bird: Second. Corrie: Motion is made and seconded to approve the Findings of Facts and Conclusions of Law for the reconsideration of the preliminary plat on Item No. 2. Any further discussion? Hearing none, roll-call vote; Mr. Anderson. Anderson: Aye. .Corrie: Mr. Bentley. Bentley: Aye. Corrie:. Mr. Rountree. Rountree: Aye. P ~ y .. •~ " ~ Meridian City Counci~ ~ng •° November 16, 1999 Page 4 ' Corrie: Mr. Bird. Bird: Aye. MOTION CARRIED: ALL AYES ITEM 3. FINDINGS OF FACT AND CONCLUSIONS OF' LAW: REQUEST FOR VARIANCE TO ALLOW BUILDING HEIGHT OF 43 FEET IN AN I-L ZONE BY FOOD SERVICES OF AMERICA: Corrie: Item No. 3 is the Findings of Facts and Conclusions of Law: Request for variance to allow building height of 43 feet in an f-L zone by Food Services of America. Staff, any changes? Stiles: Mr. Mayor and Council, just a minor clarification. Although the applicant did make reference in their application to Boise Warehouse, on Page 4, the second line, that should be Meridian Warehouse, and also on -Page 5, the second. line should be Meridian Warehouse. Corrie: Okay. Any other comments from Council? Bird: I have none. Corrie: I'll entertain a motion on Item No. 3. Bird: Mr. Mayor: Corrie: Mr. Bird. .Bird: I move that we approve the Findings of Facts and Conclusions of Law and Decision of Order for the request for variance to allow building height to 43 feet in an I-L zone by Food Services of America with the changes of Meridian -from Boise to Meridian in the Findings. Rountree: Second. Corrie: Okay. Motion is made and seconded to approve the Findings of Fact`s and Conclusions of Law with the changes of the word "Boise" to "Meridian" in two+ areas for the Food Services of America and height. Any further discussion? Roll-call vote; Mr. Anderson' Anderson: Aye. Corrie: , Mr. Bentley. . ,. ,~ .. ~v....Fw Vii. May 11, 2000 FP 00-004 MERIDIAN CITY COUNCIL MEETING May 16, 2000 APPLICANT MlchelangelOlnvestmentS ITEM.NO. REQUEST Final Plat approval of 12.801 acres with 32 building lots and 5.other lots in an R-4 and R-T zone for Tarawood Subdivision AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See previous item packet _,~~, d J~ ~~~'~ G~~~'"~ ~ Materials presented at;public meetings shall become properly of the City of Meridian. _y:_.~ April 27, 2000 FP 00-004 MERIDIAN CITY COUNCIL MEETING May 2, 2000 APPLICANT Michelangelo Investments ITEM NO. /oZ.. REQUEST Final Plat approval of 12.801 acres with 32 building lots and 5 other lots in an R-4 and R-T zone for Tarawood Subdivision AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: reVlewed CITY FIRE DEPT: See attached COmmentS CITY BUILDING DEPT: CITY WATER DEPT: "no comment" MERIDIAN SCHOOL DISTRICT: See attached comments MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA•COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: See attached comments NAMPA MERIDIAN fRRIGATION: f SETTLERS IRRIGATION: ~ l~ IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~~ BUREAU OF RECLAMATION: OTHER: Materials presenfied at pubfic meetings shall become property of the Cify of Meridian. MAYOR NUB OF TREASURE VALLEY • Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF MERIDIAN ~ `'°x''ys_2499 • Fax 288-2501 Ron Anderson 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) a8~-z211 • Fax s87-IZ~~ Tammy deWeerd (208) 838-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Oftice Fax (208) 888-4218 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: April 26, 2000 Transmittal Date: April 13, 2000 Hearing Date: May 2, 2000 File No.: FP 00-004 Request: Final Plat approval of 12.801 acres with 32 building lots and 5 other lots in an R-4 and R-T zone for Tarawood Subdivision By: Michelangelo Investments, LLC /Frank Stopello location of Property or Project: portion of the N 1/2 of sw 1/4 Section 20, T3N, R1 E Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P2 Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron. Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department -Fire Department Police Department City Attorney - City Engineer _ City Planner Gen - 26 PP/FPlPFP - 31 ~1Z - 27 Meridian School District Meridian Post Ofltce (FP/PP) Ada County Highway District Community Planning Assoc. Central District Heaith Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department Ada Coun (Annexation) Your Concise Remarks: L~ ~ (~ .~ 0 ND - '' ~ k~c, ~s ~': - -ti-cz V T I'/E~ ~~r_~ 1 ~ G tom. L ~ ~ L L e c1 n.~, 41 r.I l~ "f Cu ' 'f C t Q.9 .e V` ~! •v ~ art :~ / o !=4 C. L. Sf r ,,~.~.f ~ ~ /-~y ~ r ~ Yi T 5r /a iv i~ S f r ,e...~-~"' /l/~ w~ sic/ a s ti~.~ ~ ~ i3.R T~ s {,~- %/~~ /3.~-,[:ate rood his},~. ~G c~ Preporing ZO Today's Students for N • t h • • Challenges. ~ Tomorrow's ~ O I I~ 1. ~ C 1 ~ O O~ D I S 1. h I C` 1 \ O• ~o~~ ~,`O Q~FOsIe. Mei`a`or. 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell 1V~~~~ April 18, 200o APR 2 0 2000 CITY OF l~RI1~IAN City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Tarawood Subdivision Elementary School: Mary McPherson Elementary School Middle. School: Lake Hazel Middle School High School: Meridian High School Comments and/or Recommendations: Mary McPherson Elementary has space available. Lake Hazel Middle School is over capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Meridian High School is over capacity. We can predict that these homes, when completed, will house seven (7) elementary aged children, five middle school aged children, and (5) senior high aged students. Sincerely, .~ Jim Carberry, Administrator of Support Services BOARD OF TRUSTEES Diane Anderson • Rex Harrison • Wally Hedrick • Holy Houfburg • David Wynkoop :. .. ~;.. " ~ ~ . "° ~, ., - d _ ~k. #,, _ CENTRAL CENTRAL DISTRICT~HEALTH DEPARTMENT ~' a,: '' •• : DISTRICT ~ ~ ~ Environmental Health Division •~ - "' .. '1f H EA LT H ~ ` ' ' W , Return to: • ~ ~ 6Q Boise DEPARTMENT " ~ a ~ , 7 ~ "'" ~, ~a Eagle, a 'Rezone # ~• ~ ^ Garden.City a Meridian 4 Conditional Use # ~ ~ ~ ^ Kuna ~ Preliminary Final Short Plat /~/~_ 0~ `©~~ - ~ r `[] ACZ • }• ~-- , J k~l. We have No Objections to this Proposal. ~ APR 2 O 2000 f ~r . Q ~ 2.~ We recommend Denial of this Proposal. '~" '~ li~ Q~ ~~' ~3. Specific knowledge as to the exact type of use must be provided before we can comment~on this Proposal. e ~ e QI 4. We'will require more data concerning soil conditions on this Proposal before we can comment. ~- 5. Before we can comment~concerning individual sewage disposal, we will require more data concerning the depth'of:- ^ high seasonal ground water ^ waste flow characteristics , " ^ or bedrock from original grade ^ other P . 6. This "office"will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. N 7. This project'shall be reviewed~by the Idaho Department of Water Resources concerning well construction and water availability. - , 8. After wr'tfen approval from appropriate entities are submitted, we can approve this proposal for: central sewage, ^ 'community sewage system ^ community water well ' interim sewage. .central water t. ^ individual sewage ~ individual water 9. The`following plan(s). must be submitted to and approved by the Idaho Department of Health'& Welfare; w Divisi n of Environmental Quality: central sewage ~ `' ^ community sewage system ^ community water " ^ sewage dry lines ~ central water • 10. Run-off is not to create a mosquito breeding problem. , I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval.. ;; ~ x 12. If restroom facilities are tote installed, then a sewage system MUST be installed to meet Idaho State Sewage ~- Regulations. ' 13. We will require plans be submitted-for a plan review for any: ^ food establishment ^ swimming pools or spas ~ ^ child care center. ~ a ' ^ beverage establishment ^ grocery store 4. ~~w. gin- <~ - Sv~~" .9~i~,~c h`~~ STO/rK ~./.a~ ~_.~. Date: _~/~/G~ /~T\ K :/1/~/i`-rri146H?3~/N3j'r,'l /'<eGor~-..reH.-G~o¢~/cr.~S Reviewed By: ~~'//~i"~/Jl~`./' ". b ~_ Q NCDHD 10/91 rc6, m.J/91 ~ ~ r -. RevleW Sheet ~ .. f i~.:+ " .. ,>.. r i Y '~ CENTRAL • ••'DISTRICT ~1"HEALTH - DEPARTMENT MAIN OffiCE • 707 N. ARMSTRONG PL • 801SE. ID 83704-0825 • (208) 375.52ll ~ F,qX 327-8500 Tu prevent mrtf treat disease and disability; to rrn„u+te lrea/1Hy lifestyles; and to protect a+rd promote the Ircu[!!r n+rd quality of uur em~ironnrent. fi ~_ , #. STORM WATER MANAGEMENT RECOMMENDATIONS " 4 , n . ~ `It is.recommended~that storm water,be pre&treated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers, and architects involved with the design fi , of this project should obtain current best management.practices for storm water disposal and design a storm water management system that is preventing groundwater~and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For. a Idaho Cities and Counties. " Prepared by the Idaho Division of Environmental Quality, July 1997. • Storrrlwater Best Management,P~actices Guidebook. Prepared by City of Boise Public Works Department, January 1997. ,~ y ' + Serving Palley, Elmore, Boise, and Ada C'nunties Ada /Boise County Office Ada-WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. 1606 Robert St. ~ 520 E. 8th Street N. 703 N. 1st Street ~3oise. ID 83704 Boise. ID 83705 Mountoin Home. ID 83647 P.O. Sox 1448 Eriviro. Health: 327-7499 Ph. 334-J355 Enyiro. Health: 587.9225 McCall, IO. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph.`634-7194 Immunizotions:327-7450 WIC: 587-4409 FAX: 634-2174 Senior,NUtrition:327-7460 •• FAX: 587-3521 NIIC: 327.7488 . FAX: 327-8500 ORGANIZED 1904 / (X 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Apnl 26, 2000 Will Berg;'City Clerk Meridian,City Hall 33 East Idaho' Meridian, ID 836.42• Re: FP 00-004 Dear Commissioners: Plat Approval for Tarawood Subdivision The Nampa & .Meridian. Irrigation District's Ridenbaugh Canal courses along the east boundary of the above-mentioned proposed project. The recorded easement of the Ridenbaugh Canal is 100 feet, 50~'fe~et,from the center each way. The District's Ninemile Drain also courses through this parcel of land on the west boundary. The recorded easement of the Ninemile Drain is 80 feet, 30 feet from the center each way. The District reserves the right to claim what we deem necessary to operate and maintain these facilities. , Sincerely, ~~=~'~derr~ ill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION `DISTRICT BH: dln Cc: File -Shop File -Office Water Superintendent 0 7; '' ,.x I( .: ... NP /, ~~ ~~ ~, _ -.~ ~~ ~~f~"a~: r'~.t ~ ¢'- ` 4 .i +~ f: ,.~ .. ., ° T r ~~!y Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 REcE~D ~' 2 8 2000 ~ soi ,. :. v: Meridian r~ /' ~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MAY-02-2000 1122 BRIGGS ENGINEERING, INC. ENGINEERS /PLANNERS /SURVEYORS 12083452950 "P.02 l~ ~, - ~ _~ ~~ .~~~~ -_____ May 2, 2000 Mr. Bruce f'reckleton, Shari Stiles And Will Berg City of Meridian 200 E. Carlton Avenue, Suite 100 Meridian, Idaho 83642 Rc: 'I'arawood Subdivision (Response to Finat PIat Conuncnts) General Requirements ~k C2 1. Applicant will comply. 2. The Ridenbaugh Canal abuts the subject property on the east boundary. This facility will not be piped. The applicant will fence olf'the development. Nine Mile Creek adjoins the west and a portion of the south boundary. This drainage facility will not be piped. The applicant will fence off the drain. ~. "the applicant will comply. 4. The applicant will comply. The applicant intends to construct a 5-foot offset sidewalk The residents of Los Alamitos Subdivision have requested we match their offset sidewalkc. If staff is agreeable, we will add a note specifying a (20') setback from back of sidewalk. 5. ~i he applicant will comply. 6. The applicant will cotr~ply. 7. The applicant will comply. 8. The applicant wi I1 comply. Site Specific Requirements 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will connect the pressure irrigation system to the NMlI~ regional pump station at Sherbrooke Hollows. The systcrn will require an upgrade consisting of switching out one pump with a lazger pump and extending three phase power to the pump station. An existing 990510\Rrespoase to comme~its MAY 02 ' 00 1129 12083452950 PAGE. 02 MAY-02-2000 11 22 BRIGGS ENGINEERING INC. 12083452950 P.03 • well at the Sherbrooke pump station will provide an emergency secondary source. 6. Final plat will be revised accordingly. 7. The applicant will comply. 8. The applicant wi I I comply. 9. A reference to Lot 9, Block a has been added to note 11. We want a separate note added for Lot 1, Block 1 specifying the lot is ua-buildable and will be owned and maintained by Lot 3, Blocl: l or other adjoining property owners. 10. The final plat will be revised accordingly. 11. The applicant will comply. 12. Final complete covenants were submitted to the Meridian Planning Department on March 17, 2000 for review. Sincerely, BRIC;CrS ENGINEF,,RINCi, Inc ~• Becky L. Bowcu Land Use~Planner BI.B_fc 990510\Rresponse to comments ~~ TOTAL P.03 MAY 02 '00 11 29 12083452950 PAGE.03 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live City Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 MEMORANDUM: To: Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer Shari, Stiles, P&Z Administrator ~~ (~ ~~E 1 oZ R~~E~ ' APR 2 $ Zppp ~ City of Meridian City Clerk Office April 28, 2000 Re: Request for Final Plat for TARAWOOD SUBDIVISION j 32 Single-family Lots on 12.80 Acres by Michelangelo Investments, LLC /Frank Stopello We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS 1. Applicant is to meet all terms and conditions of the approved preliminary plat. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 12-4-13: Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Five-foot-wide sidewalks and pedestrian walkways shall be provided in accordance with City Ordinance Section 12-5-2.K. 5. Submit ofinalp letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Submit three copies of the revised Final Plat to the Meridian Public Works Department for review and approval prior to development plan approval. Tarawood Sub.FP.doc FP-00.004 Mayor and City Council April 28, 2000 Page 2 $. Please respond in writing, prior to the scheduled hearing, to the comments contained in this memorandum. Detail any arguments you may have in opposition to any of these comments, or simply signify your acceptance by stating oApplicant will Comply.p SITE SPECIFIC REQUIREMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is adjacent to the proposed development. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer- to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be.provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments., Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. Prior to Ciry of Meridian signature on the Final Plat map, detailed landscape plans for common areas, fencing, and pathways. must be reviewed and approved by the Planning and Zoning Department. 4. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All, streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. The applicant has indicated that Nampa-Meridian Irrigation District will own and operate the pressurized irrigation system. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek of well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to .signature on the final plat by the Meridian City Engineer. 6. The bearing of the first leg of the tie from the Real Point of Beginning doesm~t match the corresponding. bearing in the Certificate of Owners. Please correct. 7. Permanent non-combustible fencing is to be installed along the common area lot line for the Ridenbaugh Canal and Nine Mile Creek. Construct six-foot-high, permanent, non- combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. FP-00.000. Taravrood Sub.FP.doc I ~ G - SUB~VISION EVALUATION S~EET ~-Z-bb Proposed Development Name iLAR~AWO'~OD~! City M -~_~ ~, ~2- Date Reviewed 04/19/00 Preliminary Stage Final -- J Engineer/Developer Briggs Engr. / Michelangelo Investments. LLC The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME C011AMITTEE (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. "S. GOLD BAR- WAY" "S. BAYOU BAR WAY" "S. LOCUST GROVE ROAD" and "E. VICTORY ROAD" "E. HORSE CREEK STREET" and "E. HORSE CREEK COURT are approved due to all nq merit The street labeled "SHORTHORN" has been recorded as "S. GRIMES CREEK AVENUE" in Sherbrooke Hotlows #2 and shall continue with that same name, with it changing to "PLACE" north of "Horse Creek". The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date Community Planning Assoc. Sue Hansen City of Meridian Cheryl Sable Meridian Fire District Representative Date dZ-~Q Date Date ~ ~° ~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the me-of signing the "final plat", otherwise the plat will not be signed till C Sub Index Street Index 3N 1 E 20 Section ~,~ NUMBERING OF LOTS AND BLOCKS t • ** TX STATUS REPORT ** AS OF APR 28 '00 13 26 PAGE.01 PUBLIC IJORKS DATE TIME TOiFROM MODE MINiSEC PGS CMDtt STATUS 22 04128 1324 12083452950 EC--S 01'45" 004 204 OK ---------------------------------------------------------------------------- ROBERT D. CORRIE CITY OF MERI~rAN Mayor pUBLXC WORKS. ~ BUILDING DEPARTMENT COUNCII, MER"BERC"BFRc CHARLES M.ROUNTREE GARY D. SMITH, P.E. GLENN R. BENTLEY Public Works Dircctor. RONANDER5ON KEITH B1RD .F~.CSIMIL.E COVED SHEET Date: u -~ 8- 2k- Time: ~ ~ ~ S -- _..~. Please deliver to: C-~~~k~ ~ ~~ Company / De `-~ Partment: Fax No.: ~(S - 29 _ Phone No.: Total Number of Pages, Including This Cover Sheet: ~~ From: c~ ~ Fax NO" ~7 ` ~ Z~ ~ Phone No.: ~ 7 - 22 I I Comments: ~ ~~s~ • 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208)887-221] Fax (208)887-1297 MRY-02-2000 11 21 BRIGGS ENGINEERING INC. 12083452950 P.01 INEERING S BRIGGS ENGINEERS PLANNERS SURVEYORS FACS/!I~MILE TRANSMITTAL ro G/iLC- voLK 6' paou ~P^eY COMPANY FAX N0. _1]_~~~ 7 ~~ DATE N0. OF PAGES SENT (Including Transmittal) BRIGGS ENGIN~~RING, INC. 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 FAX (208) 345-2950 * TEL (208) 344-9700 (BEI) PROJECT N0. REFERENCE ~'~~04~ ~~J REMARKS REPLY REQUESTED COPY 1800 W. OVERLAND ROAD * BOISE, IDAHO 83705 * (208)344-9700 FAX (208)345-2950 MAY 02 ' 00 1128 12083452950 PAGE. 01 ~~ ~ j~ECEIVE~ , Shelby~Ugarrita From: siddowas@ci.meridian.id.us APR~0'~3~20t~1 ' Sent: Monday, Apri{ 03, 20001:53 PM CITY OF MERIDIAN To: 'Shelby Ugarriz' CITY CLERK OFFICE Cc: Shari; Sonya Shelby, We received a pathway and fencing plan far Tarawood Subdivision. Please schedule the Tarawood PP for a hearing date with City Council. Please let Sonya -know of the date for our tracking chart. Thanks Steve ,. t f 0S ~0Z 00. 6ti 23dd _ ~__Z0 ~ 3r~bd bbL0b8880Z~ - tie LETTER ~=0 F TRAI`~~-~ M ITTAL -, r ~ ~ ~ t BRIGGS, ENGINEERING, Inc. x ~ "~ ~ ` - 1800 West Overland Road Boise, Idaho 83705 PHONE: (208).344-9700 • FAX NO: (208) 345-2950 ~ DATE ~~ ~ ID N0. 47~115Jr" E _ , _.. • ~,CLl.11 Lt92TD~ TO JOB NAME JOB ADDRESS .> - r ,_ ~ . gTY,~STATE ~ # WE ARE SENDING YOU ^ WE ARE RETURNING • E ~. F ^ SHOP DRA VYINGS ^ CHANGE ORDER ^ 'C'OPY OF LETTER J~ PLANS ~~ FINAL PLA T ^ SPEC/F/CA T/0NS ^ • COMPUTER D/SK 'OTHER ~, ~ -~ t~ ~; ~ ENCLOSED- ~' ^~ UNDER SEPARATE COVER VIA ~ ^ FEDERAL`°~EXPRESS ` u .COURIER ~- . r ~. ~t~.._ - .w, ^ - COPIES DATED ,~ ID N0. DESCRIPTION - ~~° -.. 3D -Z g~a5~ ~~~~ 1, ~I' ~ 4 ~i ~ ~~ _ • 4 _ „.. e.. a 2 _. ~ ( i f ~.: . i ,,,, i, THESE ARE TRANSMITTED AS CHECKED BELOW'"`:` - FAR APf~PO~AI ^ APPROVED AS S7/BM/TIF7I ~ - -~ ^ ~ RES7/BM/T CA°/ES FGYP APPROVAL ^ FAR YlX1R /NFFARMAAAN ^ APRROVFD~ AS NOTED ~ ^ "SUBMIT CO1PlES FAR DlS1R/BUJIAN ^ ~AS REQY/ESIED ^ R£IURNEO FAR -CARRECIIANS ° `~` ^ r~RE1URN GLWRECIED PR/Nls' ^ F(.W REVIEW AND CANMENT ^ PR/CE ~ ~ `'{ _ ^ FGYP B/OS DUE '~ ~ ~- REMARKS ~~~"' t A f COPY TO SIGNED ~ C~o.w ~ 1 ~0'B~Jdd bbL0b888@2 KUB OF TREASURE VALLEY MAYOR Robert ll, Co~rie A Good Flare to Livo CITY COUNCIL. MEMBERS CIT'Yr OF 1VIERITJIAN Ron Anderson 33 EAS'~ fDAHQ Keith Bird N1EIt.[D~N, 1DAH0 S3642 Timmy dewcerd (208) 888-4433 • Fax (208) 387.4813 Cherie McCandless City Clerk Office Fax (303) 883-x218 0S:0~ 00. 6Z i'Idd LEGAL, DEPARTMENT (205) 2SS•2499 • Fax 2SS-2501 PU13L1C ~~ORKS 6UILDING DEPARTMENT ~ (20S) 557.2211 • Fax SS1-t297 PLANNING AND zONtNG DEPARTMENT (205) SS4-5533 • Fax 8S8-G35a TRANSMITTALS 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, please submit your comments and recommendations to Meridian City Hail Attn: Will Berg, City Clerk, by: A ril 26, 2000 Transmittal Date: April 13, 2000 Hearing Date: May 2, 2000 File No.: FP 00-004 .Request: Final Plat approval of 12.801 acres with 32 building lots and 5 other lots in an R-4 and R-T zone for Tarawood Subdivision By: Michelangelo Investments, LLC /Frank Stopello t_ocation of Property or Project: portion of the N 1/Z of sw 1!4 Section 20, T3N, R1E Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, CIC Keith Bird, C/C Cherie McCandless, C/C Water Department ~~ Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 2@ PR!FP!Pf P - ~t 12.2? REcE~D ~ -~ ~; APR 2 ~ 2000 I~ , CI~'Y ®F I~I~IDIAN ~,~'~ ZA/T0d fi~L0b88$AZ=QI Meridian School District Meridian Post Office (FP/PP} Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District tdaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department Ada County (Annexation) 2i3.LHM3.LSb'M Nb' I Q I2i3W 8b : 6A AA-6 T -t~0 Ynt rr (`nncica Ramartrc• MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Oftice Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-201 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONWG DEPARTMENT (208)884-5533 • Fax 888-6854 TRANSMITTALS 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, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: April 26, 2000 Transmittal Date: April 13, 2000 Hearing Date: May 2, 2000 File No.: FP 00-004 Request: Final Plat approval of 12.801 acres with 32 building lots and 5 other lots in an R-4 and R-T zone for Tarawood Subdivision By: Michelangelo Investments, LLC /Frank Stopello t_ocation of Property or Project: portion of the N 1/2 of sw 1/4 Sec#ion 20, T3N, R1 E Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department -~_ Police Department City Attorney City Engineer City Planner Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department Ada County (Annexation) Gen - 26 PP/FP/PFP - 31 ~4Z - 27 Vni it C:nnrisa Ramarkc• „F~. MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless June 20, 2001 • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 *Dena 388-2021 fax 388-6924 388-6532 fax 322-2032 Re: Street Lights f~ Taraw o Subdivision LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 The street lights have been installed by the developer in Tarawoods Subdivision. These are 100 watt high-pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The five (5) street lights are located at: Lot 5 Block 1 S. Bayou Bar Way Lot 8 Block 2 E. Horse Creek St & S. Grimes Creek Place Lot 11 Block 2 S. Gold Bar Way Lot 6 Block 3 E. Horse Creek Court Lot 12 Block 3 E. Horse Creek Court Please use Phis letter as your authority to activate these street lights. See attached map for additional information. Sincerely ~G~ William G. Berg, Jr. City Clerk Enclosures ~ ~ '° oFFlclAl_s ,~ HUB OF TREASURE VALLEY WILLIAM G. BERG. JR.. City Clerk ~ f+ A Good Place to Live JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAL BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO OENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P a z Adm+nistrator MERIDIAN, IDAHO 83642 PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 KENNETH W. BOWERS. Fire Chief public Works/Building Department (208) 887-2211 W.L. 'BILL' GORDON, Police Chiel Motor Vehicie/Drivers License (208) 888-4443 WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayor MEMORANDUM: To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION GOUNGIL M t~!aGaS WALT W. MORROW, President .RONALD R. TOLSMA N CHARLES M. ROUNTREE GLENN R. BENTLEY P b 2 COMMISSION JIM JOHNSON, Chairman MALCOI.M MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: ~ - ~ ~ --o ~ I have inspected and approved the electrical wiring and associated components for S street lights in f ~/~~-u.~~dc!S° `~.. /a .Idaho Power Co. can now proceed with ahe. activation. r Harold Hudson, Electrical Inspector _ k a i~ RECEIVED s JUN- 19 ,2001 CITY OF 1VIERIDIAN z C:10FFICEI W P W IMGF.idERALt6lEC1NS P. MMO ~w"v„~ - . • North ~~E loo ~-.TOn-r Q.P.S. s .~ . (5 ~d E. EASY JET ST. ~ ~ 50%,..' '~ .,, t A ' 3 a ' C- ~' 2. CAS '` A { 1 S s ,, ~ a ~§- ,~' ~ ~ ~~ f N e / `t' 7 AI __ ` 7 6 0 1 ' R~- Code ~' ~ CCU Type reach F Ft. C 2 ~6' -------• t ~,J`3 J' ~ 7 A ~ ~ ~~, n ii t6'` BIOGC 3 2~ t3 12 7 14 9 N ~, "~ GP. fi 16 `13 ~ ` 75 ~ Maac amc'i>R _ _ came cr. , o /: i 2 3 HC-1 BLeGC s s s ~ ~ ~ 50 ~ ' _ ~ -- AutoCAD Job Tice ` TARAWOOOS SUB 32 LOTS PossPort Oeseription TARAWOOD Quadront Township Range Section Meridian DESIGN 7 1 3N i E 20 B.M. Ptonner: CPH oete:a/s/oo j stele County Region: WAD Job Type:45 I D ADA LocoGon to: MRDN1 SA MAPPING Design No: 15910 ver. tvo:01 !!.~ V Reeoro Map Fk Name: ~ 030 ~ 20 Work Order No: 270]4079 ^Seu7t ey:CPH0965 Feeder Mop Fle tveme: MRON1502 CONSTRUCTION Record Map 8y: Dote: Censt. Volt: .~?OQ pp_r. Volt: ??OO feeder Mop ey: Dote: Coast. 8y: T ll A e us I op By: pole; 70~ erl--.~ _ n..~s• Coast. Dote: IDAHO P~yY,~'R CrJ. yYrJP..~f __pwn~n a~qp SCAL`: ; ,.- 2~0 ~h--: ~ or ~ t: ~:. f r F r City of meridian, t3u~lding uepartment MpiD1AN' 660 E Wate~wer ,Suite 200 2a HouR INSPECTION L/NE ~ Meridian 83642 887-155 PH 887-2211 /FAX 887-1297 Page 1 of 1 Elec-Commercial Permit Printed: s~4~2o01 Permit Number: ELC2001-121 Applicant STREETLIGHTS Parcel Number: PARC2001-323 Address: TARAWOOD SUB MERIDIAN, ID 83642 Addition: Lot(s): Block: Contractors Electrician Alloway Electric" Address: 1420 Grove St BOISE, ID 83702 Phone: 344/2507 FAX: 343/8750permit Fees and Receipts: Number Description Amount FEE2001-10272 Electrical-Commercial $125.00 Total Fees: 5125.00 Other Fields: Value: 5500 Description: Streetlights--5 each 100 WATT HPS located at 5/1, 8/2, 11/2, 6/3, 12/3 Fees Due /Credit Info: RECEIVED JUN - 5 2001 CITY OF MERIDIAN ~i j ~ _`!„ From: Will Berg [bergw@ci.meridian.id.us] Sent: Wednesday, May 03, 2000 8:19 AM To: bei-Idaho@email:msn.com Cc: stiles@ci.meridian.id.com Subject: RE: 990510 -Tarawood Subd. The minutes of the Planning & Zoning Commission are on file and I would hope these could be reviewed before we begin dubbing tapes. The process of dubbing these tapes may take longer than a couple of days. If you feel the minutes are not sufficient, :please let me know and I will begin processing your request for tapes. Thank you. Will Berg r=rom Dean Briggs [maitto` beg=idahoCa~ei Sent: Wednesday, May 03, 2000 7:17 AM To: Will Berg (E-mail) Subject: 990510 -Tarawood Subd. At last night's meeting there were some statements referring back to the previous hearings for the project. Apparently someone in the room did not hear the same conclusions reached in those meetings nor was it clear in the Findings of Fact and Conclusions of Law. So that we can be fully appraised of the discussions 1 request access and /or copies of the tapes of the Planning 8 Zoning Hearings and City Council Hearings for this project. From the file !believe the dates were August 31st, September 21st, October 5th; November 3rd, 8~ November 16th of 1999. if there are other we would request those as well. This is my first occurrence to request such information and f do not know the City's policy on such requests and delivery. Please enlighten me on the process from this point on. I am hoping to get this information this week so as to discuss the issues with staff next week in preparation for the May 16th meeting of City Council. Thank you, Dean Briggs ~ r From: Dean Briggs [bei-Idaho@emaii.msn.com] Sent: Wednesday, May 03,.2000 8:00 AM To: Sherie Stiles (E-mail) Cc: Bruce Freckleton (E-mail); Will Berg (E-mail) Subject: 990510-Tarawood Frank was a bit put out last night and asked that I respond to the City Council's desires to resolve any issues between the Project as designed and the requirements as brought forth in the public hearings and subsequent City Council meetings. As a result of that request last night I have asked Will Berg to get me a copy of the transcriptsand/ortapw of the public hearing. and other City Council meeting concerning this project. After I receive those items and have had a day to review them, I would like to go over my review with you and perhaps Bruce Frecklton to come to some sort of understanding as to what is required to go forth on this project. Would you be available sometime next week to go-over this project? Thanks, Dean R. s , L ~ ** TX CONFIRMA~ REPORT ** - AS OF MAY 16 '00 15 17 PAGE.01 CITY•OF MERIDIAN DATE TIME TD/FROM .:MODE MIN/SEC PGS CMD#. STATUS - 15 05/16 15 16 208 336 1027 EC--S 00'27" 001 113 Ok 4-6 F.: Cul-De-Sacs: No street which ends it ~~ }~;ll~ and shall be lon er th f h pt'_ ~.. ~ ,. g an our undred ?4, 4-3-1990) ~ '~ .. ~ ~ ~'7 , 12-4-3: ~ PICDESTRIAN WALKWAYS: Right of way for pedestrian walkways in the middle of long blocks may be required where y necessary to>obtain convenient p®destrian circulation to schools, parks or shopping areas; the pedestrian easement-shall be ai least ten feet (10') wide. (Ord. 430, 4-2-1984) = , 12-4 4: EASEMENTS: Unobstructed utility easements shall be provided along front lot lines, rear -lot lines and side lot lines when deemed necessary; total easement width shall not be less than ten feet (10'). Unobstructed drainageway easements shall be provided as required by the Council. (Ord. 430, 4-2-1984) 12-4-5: ~ BY.OCKS: Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or subdivision boundary. Blocks shalt not be less than five hundred feet (S00') nor more than one thousand feet (1,000') in length. ~ _' (Ord. 430, 4-2-1984) u ri,,..., 12-4-6: LOTS: Lots shall oonform to the following: A. Zoning; The lot width, depth and total area shall not be less-than the requirements contained in the Zoning Title (Title 11 of this Code). 6. Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so as to allow for future resubdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the •~~ .middle of wide blocks. Whenever such future subdividing or lot ~ .` splitting is contemplated, the plan thereof shall be approved by the ~ Commission prior to the taking of such action. C. Sufficient Area For Septic Tank: Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system. (Ord. 430, 4-2=1984) ~~ 3 Y ~'^' City of Meridian e~ ** TX CONFdRMS~ REPORT ** AS OF MAY 16 '~15~42 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS, CMD# STATUS 16 05116 15 42 208 336 1027 EC--S 00'39" 002 115 OK e 12-4-12 12-4-13 1 Manual for Ada County (as prepared by Ada County Highway District) when reviewing 'bicycle and pedestrian pathway provisions within developments. (Ord. 430, 4-2-1984) 12-4-13: PIPING OF UITCHI;S: A. Tiling Of Irrigation Ditches, laterals Or Canals: 1. Requirement To Cover And Enclose: All irrigation ditches, laterals `~"^~ or canals, exclusive of natural waterways,` intersecting, crossing or `_,~_ lying adjacent and contiguous, or which .canals, ditches or laterals touch either or both sides _of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. r 2. Waive Requirement To Cover: The City may waive the requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual =case. 3. Prior Approval Of Irrigation District: Any covering program , involving the distribution system of'any irrigation district shall have ,, ~ the prior approval of that affected district. 4. Plat Approva( Restriction: ~No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid beirig adjacent to -any waterway, irrigation ditch, lateral or canal to which it° would otherwise be naturally adjacent or which it would otherwise naturally include. (Ord. 592, 11-17-1992) B. Impeding Movement Ot Water Prohibited: Jn the tiling of any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, such- tiling shall be completed so as not to impede the movement of the amount of water crossing the property , in the open ditch prior to development and the tiling of the ditch or ' , . canal. The pipeline shall have a sloped bar-grated inlet structure and , .. - access/cleanout boxes at a maximum of four hundred foot (400') spacing and at all angle ~ points of the pipeline. (Ord. 592, 11-17-1992; amd. 1999 Code) } C. Boundary Line pitches; Agreement With Landowner; Payment Of Costs: Where the ditch under consideration is on the boundary between the land being developed and adjacent land not owned by the developer or the owner of the'-land being developed, or is in fact ~~~ , /~ City of Meridian y „ ~~ . u+ 12-4-12 ,, ~ 12-4=13 -,,,_ , ~, r Manual for Ada County (as prepared. by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. (Ord. 430, 4-2-1984) ' °_ 12-4-13: =PIPING OF DITCHES: A. Tiling Of Irrigation Ditches, Laterals Or Canals: 1. Requirement To Cover And Enclose: All irrigation ditches, laterals - ;~'"~:~ or canals, exclusive of natural-waterways, intersecting, crossing or ~::,.. ,~~;__ lying adjacent and contiguous, or which canals, ditches or laterals touch either or both" sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 2. Waive Requirement To Cover: The City -may waive the requirement for covering such ditch, lateral or'canal, if it finds that 'the public purpose requiring such will not be served in the individual • case. • 3. Prior Approval Of :Irrigation District: Any covering program ,~,-_ involving the distribution system of` any irrigation district shall have the prior approval of that affected district. _;; 4..PIat Approval Restriction: No subdivision plat. shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any waterway, irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent :or which it would otherwise naturally include. (Ord. 592, 11-17-1992) B. Impeding" Movement Of Water Prohibited: In the tiling of any •: irrigation'or drainage ditch not within the jurisdiction of an irrigation ' or drainage district, such tiling shall be completed so as not to impede the movement of the amount of water crossing the property F. ,-°`~ in the open ditch prior to development and the tiling of the ditch or canal.`The pipeline shall have a sloped bar-grated inlet structure and access/cleanout boxes at a maximum of four hundred foot (400') spacing. and ..at all angle points of the pipeline. (Ord. 592, 11-17-1992; amd. 1999 Code) C. Boundary Line Ditches; Agreement With Landowner;' Payment Of Costs: Where the ditch under consideration is on the boundary - between the land being developed and adjacent land not owned by the developer or the owner of the land being developed,. or is in fact ~_ City of Merididn r i i~ 12-4-13 12-4-13 the boundary, the. ditch shall still be tiled. The developer shall .. attempt to obtain the permission of the adjacent landowner to the the ditch and attempt to have the adjacent landowner share in the cost .of the tiling. If the adjacent landowner is unwilling to cooperate in sharing the cost of the tiling but willing to allow the use of his land for tiling, the developer shall the the ditch at his sole cost. !f the adjacent landowner is °unwilling to allow his land to be used for purposes of tiling the ditch, the developer may request the City to condemn that part of the adjacent land necessary to the the waterway but the developer shall be required to pay all of the cost of condemnation and pay all ~of the costs of obtaining the adjacent land ~ ` ^' ~''~ and all of the cost of tiling the ditch, lateral or canal. (Ord.. 592,. '- 11-.17-1992) _ ~; City of Meridian r --- - 12-42 _46 ~~~~ F. Cul-De-Sacs: No street which ends it ~ 1~ Ind shall be longer than four hundred { '-'~ ~ 24, 4-3-1990) .g ~ ~ ~ ~ ~~ {. 12-4-3: ~ PEDESTRIAN WALKWAYS: Right of way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping. areas; the, .pedestrian easement shall be at least tera' feet (10'.) wide. (Ord. 430, 4-2-1984) 12-4-4: EASEMENTS: Unobstructed utility easements shall be provided along front lot lines, rear lot lines .and side lot lines when deemed necessary; total easement width shall not be .less than ten feet (10'). Unobstructed drainageway easements shall be provided as required by the Council., (Ord. 430, 4-2-1984) 12-4-5: BLOCKS:- Every block shall be so designed as to provide two (2) tiers of lots, except where lots back onto an arterial street, natural feature or °subdividion boundary. Blocks shall not be less than five hundred feet- (500') nor ~ more than one thousand feet (1,000') in length. (Ord. 430, 4-2-1984) 12-4-6: LOTS: Lots shall conform to the following: A. Zoning: The lof width; depth and total area shall not be less than the requirements contained in the Zoning- Title. (Title 1 i of this Code). B. Future Arrangements: Where parcels of land are subdivided into unusually large lots (such as when large lots are approved for septic tanks), the parcels shall be divided, where feasible, so as to allow for future resubdividing into smaller parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall be approved by the Commission prior to the taking of such action. C. Sufficient Area For Septic Tank: Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system. (Ord. 430, ~4-2-1984) City of Meridian 9 ~~. (" 4~~ ~~, Y . t ~.~ r '§ ' ~-:, . ~,~, T • - ~~ - ~~ - ':~A ~ ~ ..Ti • i~ AI '1 Y .. .~ ~ - " 2~ ~ 0 T _ D I, - ~ C • ~ - ~P ~' A f . =. ~" C ,~~1 ~ ,1 ` _ - i .:F ~~=F _ m -'~- •LEOAI:*NOTICE~~•1,Iti " e` ~ CITY OF MERIDIAN ; IDINANCE N0: Ol+fi16 ~..a; ,, ... :. , NANCE~'FINDING TNAT.CtRTNN _ ~ '., E KNOWN ASpTARAW00D SUBDI- '~T'-• - Y L M TS OF07HE~CITY OF MER 4 r `- "_ ^ - ITY• OF'ADA,"? STATE'OF IDAHO;. " JG THAT THE OWNER HAS MADE rnn •~u,rvll Tlnl.1 Inl UIDITI1111~ ~ ,. rr < PI for annexation to me Cny of Mena. ~o, by~ me owner _of; said Property° eel of land ying`iri the'SW'114 of 20, . Township ~ 3• No~ -Range , l ~ise,Meridian, Mendlan Alia`:Gounty, more ;rpartiwlarly ; descnbedT as ~; Commencing` at.the~"outhvi~st comer~of ?Section- 2 T 3N'Da R'lE ~ B;M thence N 00°44 49' E 1327.60 feet ta;;the southwest corner'of the N 1/2 of me SW~l/4 ~, --.Thence S 89°49'11', E 1 73.08 feet along the south line of:me N 1/2 of me SW 1/4 to me REAL.. POINT pF, BEGINNING of this description; ` Thence N 41°53'21' W 263.54 feet to a point; Thence N 40°44'21' W 140.40 feet to a rpoint:,,,,:,~ :: Thence N 28°58'20` W 183.69 feet to a poThence S 89°56'41' E 57.21 feet to a ~~ point; . ,~. ;;,. ~., •.. Thence N 29°01'26' W 233.14 feet to a point; Thence'S 89°58'11' E 57.20 feet to a j poThence S 29°01'26' E 252.05 feet to a ;..Point:------ ..~.__:.-. ._.-.. Thence S 89°56'41' E 1407.08 feet to a point; Thence S 39°02'03" W 301.40 feet to a point; .Thence S 18°02'03' W 105.00 feet to a point; Thence S 12°06'03' E 117.00 feet to a point on me south line of the N 1/2 of the " SW 1/4:, .Thence N 89°49'11' W 976.31. feet along ';the soum line of the N 1/2 of me SW i/4 to 'the REAL; POINT OF BEGINNING df this ' descn tion; • Said parcel of land containing 12.797 . acres more or less. • .:. SECTION 2: That the abovetfescribed real , r property., be, and the same is hereby ~ I y annexed `and made a part of the City of C Mendian;Ada County, Idaho., ,. ~ • : ~i SECTION 3: That the real property herein Irby' mir ordinance annexed .to me City of '•. Meridian hereinabove' described .shalt be "" '""°' ' r '' zoned Low Density Residential District (R~4). ,, SECTION 4: That the. City Engineer is `'hereby directed'to after:, all. use and area ~ r: maps;as;;well;as the official zoning maps, _ v comprehensNe plan and all official maps _ ~, `• depicting• the boundaries of "the City of ~~ Meridian m accordance with this ordinance. ~„ ` ~ < ;:SECTION 5: The zoning designation set ->'forth in Section 3 of this ordinance is sub- . ject to the terms and conditions of mat Cer- tain Development Apreement by and ;'between me City•of Meridian and the owner of the land described m Section 1 dated the -------day of ----------------, •. ,... F ..S • r; or inancis, resolutions, . orders or parts thereof in conflict herewith { 8re : hereby.; repealed;! rescinded ,and i 'annulled. • • " ~ ' ~^ • ' ,tf SECTION 7:-This ordinance shall be in full.: fnrro >nrl effnrh 4rnm >nd >Hm de n>cc>ao ~ _ -. e 8 R ° ~, CITY OF MERIDIAN o FINAL SUBDIVISION PLAT CHECKLIST jp INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: ~21rQ L~,9'~L~~ ~~~ ' -- ENGINEER: ~~)'f't~K~, ~~' ~-~~.SIJN ~ T The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION - COMMENTS 'Y. Thirty (30) copies of written application for approval as stipulated by the Council '~°c-~~ Proof of current ownership of the real property in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet iA of final plat) ~L~~~L~~ A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof c'~' A statement of conformance with all requirements and provisions of this Ordinance ~ ~! A statement of conformance with acceptable engineering, architectural and surveying practices and local standards .~~`~ `~. Street name.approval letter from Ada County ~~~'~~ 1 ~----- 4' Three ~ copies of the final engineering construction drawings for streets, water, sewers, ~~`G'~.ll+' sidewalks, irrigation and other public improvements `i~. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1"~= 300')'. Include subdivision and street names, lot l~t~ and block numbers onl _ } ` STOPPELLO & KISER ATTORNEYS AND COUNSELORS AT LAW 620 WEST HAYS STREET BOISE, IDAHO 83702 FRANg W.STOPPELLO JERRY A. KISER November 7, 2001 Will Berg Meridian City Clerk 33 E. Idaho Avenue Meridian, ID 83642 Rrad Watson Public Works Director/City Engineer City of Meridian 660 E. Watertower Lane, Suite 200 Meridian, ID 83642 ~B ad ~H~awk~ins~Cl"ark~ Meridian Planning & Zoning Department 660 E. Watertower Ln., Suite 202 Meridian, ID 83642 Re: Release of Letter of Credit for Tarawood Subdivisioh - Gentlemen: ~cENED Nov t ~ Zoos t;~.'lCY OIL 1;f~IDIAN I'LAi~~1ING & ZONING TELEPHONE (208) 336-1020 FACSIIVHLE (208) 336-1027 I have attempted for several months to have the City of Meridian release my letter of credit with the City of Meridian, Idaho, due to the fact all of the improvements have been constructed and approved by the City. If I do not receive this release immediately, I will be forced to renew the letter of credit at a great expense to me. Such a renewal is obviously unnecessary. Would someone please inform me in writing this release of the letter of credit has been sent to my bank. I would appreciate an immediate response. Sincerely, W .. rank W. Stoppello Michelangelo Investments, LLC ,_, _ Manager FWS:jf MAY-08-2001 05 ~ 50 Q/'C.(,~/Ql/G-~ P . 01 d, ,. -~ 1800 W. OveAand Road F Boise, Idaho A3705 ~ ~ ' ~. (208) 3449700 Fax: 345-2950 stanm~briggs-engines ring. com • .. e:, 4 ~: t .~. Te: Shari Stiles From: Stan L McHutG~ison Fa~c 888-6854 Pages: 2 Phones Diate: 5/8/Z001 Rs: Tarawood 890310 ~ CG: Frank Stoppelio 336-1027 4 O Urgent 0 Fer Review 0 Please Comment A Phase Reply ^ Please Recyele~ I .LOOKED UP THE PLAT OF SHERBROOK HOLLOWS #2 AND FIND THAT THE NINE MILE DRAIN IS ONLY ON AN EASEMENT. R IS OWNED BY THE ADJACENT PROPERTY OWNER. HOWEVER, INSTRUMENT NO. 99016368 ,4DDRESSES THIS EASEMENT. I'LL FAX A COPY OE THAT DOCUMENT TO YOU WHEN I GET IT. t• , • STOPPELLO & HISER ATTORNEYS AND COUNSELORS AT LAW 620 WEST HAYS STREET BOISE, IDAHO 83702 FuA~vu W. STOPPELLO JERRY A. ffiSER August 28, 2001 TRANSMITTED VIA FACSIMILE TO 888-6854 AND SENT BY MAIL Attn: Brad Hawkins-Clark City of Meridian Planning & Zoning Commission Re: Tarawood Subdivision Meridian, Idaho Dear Brad: R,~cE~D SEP 0 4 2001 CITY OF lYIEIIIDIAN PLANNING & ZONING TELEPHONE (208) 336-1020 FACSIlKII~E (208) 336-1027 This letter is written in reference to the 10 foot wide future pedestrian access easement along the western boundary of Lot 1, Block 1, Tarawood Subdivision. In the event the City utilizes the 10 foot-wide future pedestrian access easement along the western boundary of Lot 1, the chain link fence in the southwest corner of Lot 1, Block 1, Tarawood Subdivision will be removed so there is access between the Nine Mile Drain and the 10 foot wide future pedestrian access easement along the western boundary of Lot 1, Block 1, Tarawood Subdivision. I hope this clears up any questions. If you have any further questions, please feel free to call me at your convenience. cerely, 1/`V 1 Frank W. Stoppello, Manage Michelangelo Investments, LLC • ' STOPPELLO & HISER ATTORNEYS AND COUNSELORS AT LAW t l`®~~ _ ., ~ 620 WEST HAYS STREET ~~~~~~ ~~ -~~~ ~ ' ' ~ ~~ BOISE, IDAHO B3702 Fuarru W. STOPPELLO ' JERRY A. HISER May 19, 2000 TRANSMITTED VIA FACSIMILE TO (208) 887-1297 AND SENT BY MAIL Shari Stiles Planning and Zoning Administrator City of Meridian Planning and Zoning Department 33 East Idaho Meridian, ID 83642 Dear Shari: gECE'~D M1AY 2 2 2~ ~~ TELEPHONE (208) 336-1020 FACSIMII.E (208) 336-1027 This confirms our conversation last Wednesday at the site whereby I am willing to grant the City of Meridian a 10 foot easement for pedestrian use on the west boundary of Lot 1, Block 1, in the event the City is unable to provide for a pedestrian pathway on that portion of the 9 Mile Drain that lies west of Lot 1, Block 1. Please let me know if this is acceptable to you and the Parks Director. Sincerely, ~~ Frank W. Stoppe to Attorney at Law FWS:dc LETTEF?~ ~OF TRANSMITTAL ja BRIGGS ENGINEERING, Inc. 1800 West Overland Road Boise, Idaho 83705 PHONE: (208) 344-9700 • FAX NO: (208) 345-2950 TO '° DATE Z'z~'~ ID N0. ~~ Sl~ JOB NAME / JOB ADDRESS CITY, STATE ~1 WE ARE SENDING YOU ^ WE ARE RETURNING ^ SHOP ORA WINGS ^ CHANGE ORDER ^ COPY OF LETTER PLANS ^ OR/G/NALS ^ F/NAL PLA T ^ SPECIFICA TONS ^ COMPUTER D/SK ^ OTHER a~ ^ ENCLOSED ^ UNDER SEPARATE COVER VIA ^ FEDERAL EXPRESS ~ COURIER COPIES DATED ID NO. •~ DESCRIPTION z X30 d i THESE ARE TRANSMITTEb AS CHECKED .~. ^ FOYP APPROf/AL ^ APPROVED AS S7/BM/TIED fOR )'AUR lN.fG~'AIAAGW ^ ~ APRROVED AS NOTED AS RE(XJESIED ^ ,I~REIURNED FOR CA~RECAOW ^ FOR RENEW AND COINMENT ^ PR/CE ^ FOYI 8lDS DUE REMARKS ~1 c•ov~'~t e~ia,~ sc~ ~ I~ck C . y / ~ ~; COPY TO Z~C!/ SIGNED P C,a ~ ~~ BELOW ^ RES7/BMIT COWES FOIE APPROi/AL ^ SUBM/T COW/ES FOR D/SIR/BUAAN S ^ RETURN CGWRECIED PR/NIS _' ~. J~ /~ jj Y°..~ 1~ S~ ,k _ , 1~ ~ CITY OF MERIDIAN . ~. FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: ,~ ~~_ ~a (~a ~yoo r~ ~~ b ENGINEER: •~ [ ... ,,. The final plat. shall include and be~in compliance with all items required under Title 50, Chapter T3 of the Idaho Code... The final plat.submittal shall include at least the following: f. ITEM DESCRIPTION COMMENTS 1. Thirty (30) copies of written application /~ for approval as stipulated by the Council ~/ 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat ~ (warranty deed, signature sheet of final plat) ~ ~' 3: A statement of conformance with the approved preliminary plat and meeting all requirements .i or conditions thereofRF ,. 4. A statement of conformance with all require- ments arici provisions,ofthis Ordinance '~ ;~ . 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval letter from Ada County t~ 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements ~° . 8.Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet -(1" = 300. Include subdivision and street names,'lot and. block-numbers o~nl +. A 7 ~~' 1~' r e. ,. `_~ ~ _ ._.. ~. 1 FINAL SUBDIVISION PLAT CHECKLIST Page 2 9. Thirty (30) folded copies of the final-`plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name / . b. Year of platting i c. Sectional location ofplat -County d. North arrow e. Scale of plat (not smaller than 1 "=100') ~ / f. Streets and alleys with widths and bearings g. Street names ,~ h. Consecutive numbering of all lots in each d j block, and each block lettere or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments 1. Initial point and tie to at least two • public lanii survey corners or, in lieu thereofi to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system ,i m. Easements ,/ n. Basis of bearings ~ .~ o. Pertinent notes for easements, restrictions, designations, etc. •.~ p. Land Surveyor -signed seal q. Land Surveyor business name -City location _~ r. Legend of symbols s. Minimum residential house size \,i t. Adjacent platted subdivision names 10. Fee. Paid - Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council. ~~ • FINAL SUBDIVISION PLAT CHECKLIST ~ ~ Page 3 12. Substairtial differences between the approved preliminary plat and the final plat, variances not yet applied for, non conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles. Planning_& Zoning Administrator Gary D. Smith P:E., City Engineer ACCEPTANCE DATE: OTHER ITEMS 1. Landscape plan for common lots 2. Lot frontages i FINAL SUBDIVISION PLAT CHECKLIST Page 2 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name uP ~ b. Year of platting • r e s c. Sectional location of plat -County tac S d. North arrow --~ ~ ~ e. Scale of plat (not smaller than 1" = 100') P S f. Streets and alleys with widths and bearings ti-e ~ g. Street names ~ ~ s h. Consecutive numbering of all lots in each - block, and each block lettered or numbered Ue~ i. Each and all lengths of the boundaries of each lot including curve table ues j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table its k. Descriptions of survey monuments _- c rQs I. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system `~{S m. Easements ~-~{~ - n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. i~~ S p. Land Surveyor - signed'seal ~a S q. Land Surveyor business name -City location ~~ eg r. Legend of symbols c S ~~ ~' s. Minimum residential house size t. Adjacent platted subdivision names des ~ . Fee Paid `-~~3`7 Lots @ $10.00/Lot ~3 ~ ~ {' ~ +~~~'~~ ' ' t t i i 1. P or, ra s n Other Information as Requested by Adm City Engineer, Planning & Zoning Commission, ~ j or City Council FINAL SUBDIVISION PLAT CHECKLIST ~ Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Planning &r Zoning Administrator Gary D Smith P E Cit~l Engineer ACCEPTANCE DATE: ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: SQUARE FOOTAGE OF LOTS (82 x 11 SHEET) GROUND WATER $7'~jT~{F~/~ - ATTACHED TO PLANS J~~t~ 3. DEVELOPMENT AGREEMENT (IF AVAILABLE) CC & R's (IF AVAILABLE) . C ~~a~/~`~`~"P'e~ ~~ • CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: _ ~qV AW~7c~ SU ENGINEER: ~~,~ U(J The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION COMMENTS I • Thirty (30) copies of written application for approval as stipulated by the Council 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) ;-~ 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof ~ 4. A statement of conformance with all require- ments and provisions of this Ordinance 5. A statement of conformance with acceptable engineering, azchitectural and surveying / practices and local standards 6. Street name approval letter from Ada County , j" 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements /~ 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1 " = 300. Include subdivision and street names, lot and block numbers only!. FINAL SUBDIVISION PLAT CHECKLIST 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting c. Sectional location ofplat -County d. North arrow e. Scale of plat (not smaller than 1 "=100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and aII lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments 1. Initial point and tie to at least two public land survey corners or, in lieu thereoiy to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor -signed seal q. Land Surveyor business name -City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names 10. Fee Paid - Lots @ $10.00/I.ot 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council r .. • Page 2 i i FINAL SUBDIVISION PLAT CHECKLIST r Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, nonconformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmrttal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles. Plannine & Zoning Administrator Gary D Smith P E City Engineer ACCEPTANCE DATE: OTHER ITEMS 1 • Landscape plan for common lots 2. Lot frontages ° ~ ~ ~ N I N p °n~v ~n'~: ~ 'S >`g N ~~ °° ~A 4s ~~~ nd ~, y N uI m ~ gy ~~ e ~_ o° s8go ~:~y~ ~ F6 4$ ~ ~° ~ ~ ~ E~~o y'd LG'0 0 ~ ~ ~ . ~Y ~ L5i ~ m iy `' m Rg R „~~~~ $ 4~ ~ q~ ~ ~~ ~~ ~~ =Ng~ O bye a y o 6 ' ~~o Foy~B~ r~ >a ~ g< 2~ 4/ Rg Y~ E°'~ d M N ~ L9 Nt \' o~a\ ~ 8~ ° ,"~~g ~ 8 L5;1 ~~ ~$ $ ~~~° A O~~O~~d'\w•P\6 ° Ot'`'y _' ~a~p ~SqBa~ $~ zp ~ yy ~e F C A o~~ d t o~ S1Q1~" Py~,o ~ ~`~ ~ >$ 3i >F 7~ S~na d O ~..N W n 66G5G:GG'~i ~ gv 4~4 ~ `F 8 ~$ qN Y' > F ~ x'.64 .. A ^ I ~~_,^~ g g;; ~'> '~ ~ ~ ~ 5~~~ 2 m i ~ , ~~~ cti a. s ° 4 oul z N $ .off "F'n=€ N ~n ~ °8 3~ ~ s' .~~5 ~= I ~gL `v/ ~dv ~~ SN ~u.^: ,~. °o,NV CSd ".r .,vo.;.~~ Sig ~~~ ~ ~ d~, ~ ':R =; ~ ~ ~°~ ~~ ~ ~1~'`' -a°''+s`-r7°^6 ° \,, ` wgaa ~u°..- F ~6 = - n ~ ~CR r p+ J N 3.1o.rs.sos r :i8» $ $°8 qz$"~ ~ ?~ $ °q aS ~ ~ p~4 ~ 0 ~ ~.~ °41c.`, ~~%~ mti°~ 90 ,16'91 ~ ~ ^Ennnnnn4n ~~~ 0~~9~ ~ ~` ~ ~~ i~ o Fm~ V£I ~ ~ ~'~g°~ `ae zro.9L~l9r+~- Ul _ - > ~>~ ~~Lp>C> ~ ~o ~~ 8 ~ ~ ~~~ X91 01 ~ d.na AN ° °I m ~ ....... un ~F}Om n ° itl $ n z ' S ~ - _ N o f1° ~+ 4 c~.~ e v r - D ^ •4S I6. .B9' ~ G ~ ~i~ >~7 .S"~ ~ n r'Q ~ ~ $'~~ 9 4548. 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JUNTY RECORDER ~ ~~- - ,~~~ Lo /y;'~~ '~ AYA RRO , ~ e '~~~'~~~ FEES ~. U '( J9S9 J~~ 24 ~1 2:32. 5 9 0 3 0 7 0 ---- QUITCLAIM DEED FOR VALUE RECEIVED, FRANK W. STOPPELLO and VICKIE M. STOPPELLO, do hereby convey, release, remise and forever quit claim unto MICHELANGELO INVESTMENTS, LLC whose address is 620 West Hays Street, Boise, Idaho, 83702, all right, title, and interest now owned or hereafter acquired in the following described premises, located in Ada County, Idaho, more particularly described in Exhibit A attached hereto. TOGETHER WITH all rights-of-way for ingress and egress, easements, water, water rights, ditches and ditch rights-of-way appurtenant thereto or connected therewith. DATED: Frank W. Sto ello DATED: ~ Vickie M. Stoppello STATE OF IDAHO ) . ss. County of Ada ) On this y of ~ in the year 1999, before me, tom- the undersigned, a Notary Public in~Ada County, State of Idaho, personally appeared FRANK W. STOPPE.LLO and VICKIE M. STOPPELLO, husband and wife, known or identified'-: to me to be the persons whose names are subscribed to the~_`with'in. and•~, foregoing instrument and acknowledged to me that they~'executed- •the same . ,r; ~' I •~•' I1~ ln~7,~'NESS WHEREOF, I have hereunto set my hand and affixed ~:~_~ m ~c'~~fici ~''r~r~al the day and year in this certificate first above ~:~ w~itte~. ~,~- /-' Y ~'_~: =• ~ .• ~ : Notary Public for t e State o daho ,t •.,lf' Q ~"`;~~~.' Residing in Ada County, I ho ~~": '~~~,,,,,,,,,,,,,~~"''~ My Commission Expires: `~ r'/Y'~ S<, QLt3TCLAIM DEED - 1. SUBD~SION EVALUATION SH~T Proposed Development Name TARAWOOD City Meridian Date Reviewed 07/15/99 Preliminary Stage XXX Final Engineer/Developer Briggs Engr. / Michelangelo Investments, LLC 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. "S. GOLD BAR WAY" "S. BAYOU BAR WAY" k~I~IGGS ~"'^-!Plrrglr,in I~~r. "S. LOCUST GROVE ROAD" JUL ~ ~ ~~~ ~30rSL, FUaHt% "E. VICTORY ROAD" "TALAWOOD" is similar to the existing "TALLWOOD" and cannot be used. Please note that the proposed street is a cul-de -sac and would be a "COURT". ~Z~SHORTHORN" was reserved 02/15/96 for THE RANCH now known as SHERBROOKE HOLLOWS by your firm. It was reserved as "E. SHORTHORN CT." If you wish to use now it would be "S. SHORTHORN AVE." and "S. SHORTHORN PLACE". The above 'streef name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, AGEN~REPRESENTATIVES OR DES;Gl~EES , . , Ada County Engineer John Priester ~ , ti Date 7 `I S -1~ ,. Ada Planning Assoc. Ann Hurley //)) Date ~ - / ~ - 9 5 City of Meridian Representative~~-.. .Date 7- / Sr ~,,,~ Fire District Meridian Representative ~~~3,(;~ ,l 1~-~~}- Date ~ l Q - 9 / 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 llll Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS 6~L~~ S~~i ~G~ TR\SUBS\SM CITY.FRM u - o ;u Y y a u . v N _ N o o m NF ~'o i ` m i m c _ B~ ~~~o> ~' :6 6 ~O AF ~ ~o LR o~~~ ~ ~' z~g ~ g >,'~ ~ ~< Pi 3!z i Fop ~ ~= A o ~~ ga ~~-o ~~ ~oo <~z4o sN $ a~ ~~ ~ °° ~~~~ ~' Apo °~~o ~ Q~ ~ ~~ r=~ »~ r~o ~~~F ~^~~ ~~~ ~ ,~nH ~ ~ o~o~ > ~~A °~ > ~s gS' g F ~° °~~S ~ .mFi ~z~°F s ~~ R ~~ ~° m ~ ° of A~5 ' - - o~ ~ _ ~=N IN ~m -,~ _ °_ °T rn ~~4 !_ >°m g~~sm ~~+ m ~- $ F mm's ~ ~~~ ~~~~~ ~ m ~ ~ _ rlmS m ~~ _ ~ F R~> ~ -zo > F = m 7~ m~; a _° -400 Rm p~A~m F z ~ A ~ ~ o~F ~ ~N >g4N~ ~ ~ ~ 4 . 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EAGLE ROAD _ ~ o . i t: 1. 1 > 4 I / I i / ~~ I ~ ~`' I J m ~0~ N J 1 I I u Q 1 I m u % S 410RiHOflN' AYE. r I~ I °~~ Ny~ I .\ .~ x snatmdtH u I n RAa a I m I ~ e ~ ~~~~0~. I .~ /j . "~ a O ~ O C :~ . ~ S CO d O z ~-~-~ a . /~ , ~ N o N N 1 / N ' ~ I N , . O1 D ~ u `'~ ~~~ ^~ m T ~' r ,~0 w ° ; ~' ~ o N u~ / N G , Dn O n •5 1 1 ~ u o E d0 c I N r ~y~ 0~0 ~ d mti 1 f N O o n ~ ~ d~ T o +A D I ~ T 1 om D N I i n ~ V o ~ 'I 1 u A 1 I I p O V V D V ~.•1 1 ~ NID N ~ y p~ NN Q ~ y N Q I OI ~ I ~1 T I 1 O~ u Opl V~ / ~~~ // N / .. 1 r O D m D I ~~ 1 - 1Om ~T N L- '~. ~ tD 1 /' ` ` o T I `~ I 1 .~\ I ,\ I I • \ (0 I . \ ,\ ~'J /,,~ 1 ~ ~', J ~`' /~. ~~ O O d ~d d H rF-~-i V1 1-i Q R1 ~~ EDDBERM.~H Oq RT ~'~~` ~-1~R RT ~~ t' E TIME ZDRE Dq ~~ N ~. EDDBERR.R DR E1HIg BaEt3 D1 ~~ VJEi ei ~~ ~ ~~1~ Eiwgff EWBLA O g 0 ~ ~,`P 3 ew z 11 18 e~~c: s 1 6 0. 13 4 ~9~ 2 5 ~ 10 me 17 14 12 OG 11 9 5 B9 3 4 g 9~ 16 15 ~ ,. 6 HORSE CREEK BL4 10 ~ g ~ 2 3 4 5 6 ~ g = B OC 3 ~ i O W Dq BIUK DR (n C R-4 0 a 0 RT VICTORY ROAD 1~' Qf J~ a~ ~m VICINITY MAP TARAWOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 400' `~ C DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION THIS DECLARATION is made as of the day of 2000, by MICHELANGELO INVESTMENTS, LLC, ' hereinafter referred to as "Declarant." RECITALS: A. Declarant, MICHELANGELO INVESTMENTS, L.L.C. is the owner of certain real property in Ada County, State of Idaho, more .particularly described as follows: "All of the land within th`e boundaries of Tarawood Subdivision, according to the plat thereof, recorded in Book of Plats at page(s) Records of Ada County, State of Idaho. The above described parcel of real property is hereinafter referred to as the "Subject Property". B. Declarant desires to impose upon Subject Property certain protective covenants, conditions, restrictions, reservations, easements, liens and charges for the benefit of Subject Property and all present and subsequent owners thereof, and all conveyances of Subject property or any part thereof shall be subject to this Declaration; NOW, THEREFORE, Declarant hereby imposes upon Subject Property the following easements, conditions, covenants, restrictions and'"reservations which shall run with Subject Property and be binding upon all parties now or hereafter having any right, title or interest therein or to any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE l: DEFINITIONS. The following terms shall have the following meanings: 1.1 "ACC" shall mean the Architectural Control Committee. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 1. R 1.2 "Annexed Property" shall mean and refer to any real property made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for the annexation of additional parcels of real property. 1.3 "Association" shall mean and refer to Tarawood Subdivision Homeowners' Association, Inc., a corporation organized under the laws of the State of Idaho, its successors and assigns. 1.4 "Building" includes any Dwelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one'or more-walls or roof. A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in part, and similar structures. 1:5 "'Common. Area" shall mean and refer. to Lot 4,, Bhock 2; Lot.l~ Block :4; Lot 2, Block 1; and Lot 1, Bhock 3. Lot 4, B-Lock ... 2 and;Lot a„ Bock 4 are nonbuildable lots to, be owned and maintained by the Association, or its assigns, and shall be used as landscape lots. Lot 4, Block 2'is covered by a blanket storm drainage easement in favor of the Ada County Highway District for °heavy maintenance of drainage facilities, and shall remain free of all encroachments and obstructions (including fences and trees) which may adversely affect drainage or operation and maintenance of storm water ,facilities. Lot 2, Block 1 and Lot 1, Block 3 are open space lots to be owned by the Association, or ,c pits assigns; currently are used as drainage fbr irrigation; are covered by a 'blanket easement in-favor of the Nampa-Meridian Irrigation District for maintenance of the Nine Mile Drain; are to be, left in a natural state; maintained by the Nampa-Meridian „Irrigation District; and, their future us,e may be as pedestrian access lots in the event all interested parties agree to the edestrian use. Prior to such an a reement onl the Nam a- H SS t0 Meridian. I'rrigation.,Dz,s rict and~itg'.assigns shalla have apce .__ .,. these lots. 1.6 "Common Facilities" shall mean and refer to those physical improvements constructed by Declarant upon Common Area or upon the utility easement over each Lot including, drainage" facilities and specifically including the fence that borders the Ridenbaugh Canal on the east boundary of the Property, and the _..,_ Nine Mile. Drain on the south and west boundaries. of the Property.. Common facilities shall not include the pressurized irrigation system unless and until it is conveyed to the Association; it DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 2. being the specific intent of the Declarant that the pressurized irrigation system shall be installed by the Declarant and shall be conveyed to the Nampa and Meridian Irrigation District, together with an easement over each Lot-'and Common Area for the installation, operation and maintenance of the system by the District. 1.7 "Declaration" shall mean this Declaration. 1.8 "Dwelling Unit" shall mean that portion or part of any structure intended to be occupied as a single-family residence, together with the vehicular parking garage next to such dwelling unit and all projections therefrom. 1.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10 "First Mortgagee" means Mortgagee who holds a First Mortgage. l.ll "Lot(s)" shall mean and refer to the plots or tracts of land comprising the Property, designated by lot numbers on the plat, or any resubdivision thereby except the Common Area. 1.12 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. 1.13 "Mortgagee" shall mean any person or the successor to any person named as the mortgagee; beneficiary, seller or creditor under a Mortgage. 1.14 "Nonconforming Building" includes any building legally existing and/or used as of the date of this Declaration which does not conform with the building restrictions set forth in Article 6 of this Declaration. 1.15 "Owner" shall mean and refer to the record owner of fee simple .title to any Lot, excluding those record owners having title merely for security for the performance of an obligation. 1.16 "Plat" shall mean and refer to those certain plats of Tarawood Subdivision to be recorded in the Ada County Recorder's office, which plats cover and subdivide all of the Property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 3. •1.17 "Property" shall mean the Property in the recitals above, and to such additional real property as to this Declaration by Supplemental provisions hereof for annexation of property. ARTICLE 2: HOMEOWNERS ASSOCIATION ~' property defined as Subject shall further mean and refer may hereafter be made subject Declaration pursuant to the additional parcels of real 2.1 Formation. It is contemplated that simultaneously with the execution and recordation of this Declaration, the Association will be incorporated and will adopt By-Laws for its governance. To the extent the Articles of Incorporation or By- Laws of the Association conflict with the provisions of this Declaration, the provisions of this Declaration shall control. 2.2 Membership. Each Owner shall be a member of the Association.,, Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for membership and shall automatically commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one member-ship for each Lot. If there are multiple Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of Membership. 2.3 Classes of Voting Members. The Association shall have two classes of voting membership; however, all votes shall be equal and counted as such, except where voting by separate classes may otherwise be provided in the Articles and By-Laws of the Association or this Declaration. (a) Class A members shall be Owners with the exception of the Declarant (during the period when the Declarant is a Class B member). After the Class B membership converts to Class A memberships, each Class A member shall be entitled to one vote for each Lot owned. If there are multiple Owners of a Lot, the Owners shall designate the individual entitled to exercise the voting privileges of membership and in no event shall more than one vote be cast with respect to any Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 4. ~. s ~~ (b) The sole Class B member shall be the Declarant, or the Declarant's successor or assignor. Class B membership shall cease and be converted automatically to Class A membership (one Class A membership for each Lot owned) when the Declarant owns ten percent (l00) or less of all of the Lots which are part of the Subject Property and any, additional property annexed or to be annexed under Article 4. Until that time, all Association matters, including the right to amend this Declaration, shall.be governed by the Class B member. ARTICLE 3: RIGHTS RESERVED BY DECLARANT 3.1 Notwithstanding anything to the contrary contained in this Declaration, Declarant expressly reserves unto: (a) Itself, its successors and 'representatives., contractors and their subcontractors easements and rights-of-way on, over and across all or any part of the streets for vehicular and, pedestrian ingress and egress to and from any part of the Property, or any adjacent real property owned by Declarant, or its successors.. or assigns; (b) Itself, its successors and representatives, contractors and their subcontractors (including any district, company, unit of local government, Association or other entity providing water, sewer, gas, oil, electricity, telephone, -cable television, or other .similar services), easements, access and rights-of-way on, over, under and across all or part of the Common Area and utility easements on, over and under all. Lots and Common Area as provided on any recorded subdivision plat of the Property for installation, use, maintenance and repair of all lines, wires, pipes,. pumps, water wells, facilities, and other things necessary for all such services, provided that any installation, maintenance or repair of such lines, wires or pipes shall be performed with reasonable care and that.. the surface of said easement area shall be restored to the level and condition that existed prior to the doing of work; and (c) Itself, its agents and successors, all water and water rights over, upon or under or appurtenant to the Property, or any portion thereof, and a nonexclusive easement ten (10) feet wide, inside the boundary of each Lot and the Common Area adjacent to the right-of-way for construction of a pressurized pipe irrigation system will be conveyed to and operat"ed by the Association or the Nampa-Meridian Irrigation District. Groundwater appropriated for the domestic water system will be owned by the City of Meridian. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 5. s: s ~~ ARTICLE 4: MAINTENANCE. 4.1 Responsibilities. Among its other responsibilities, the Association shall maintain all Common Areas and those Common Facilities dedicated to it and all landscaping, fencing, '~ surfaces, and other improvements thereon and easements therefore. Such Common Area and Common Facilities shall be maintained in a neat, landscaped and attractive manner. Common Area and Common Facilities shall also include any real or personal property as may be conveyed to the Association from time to time by Declarant, or designated by Declarant as Common Area in any Supplemental Declaration. _ ,::..._ ._..... _..~. ,_ ,.r.,._ _. 4.2 Private Property. The Association shall also be responsible for the.. maintenance of the perimeter fencing on the Ridenbaugh Canal on the east. boundary of the property and the Nine Mile Drain on the. south and, .west boundaries of the Property y Lot 4, Block 2 and Lot 1, Block 4 are nonbuildable lots to be. maintained b the Association a landsca e lots _.., y p subject` to the drainage restrictions on Lot 4, -Block 2. Lot 2, Block 1 and Lot .. 1, Block 3 are open space lots to be-left in a na ural state ,__ maintained by the Nampa.-Meridian Lrrlgaton District. 4.3 Sidewalk Median Strip. The subdivision has been designed with sidewalks set back from the street curbs by a landscaping median approximately four,. feet in width. Although the front lot lines are approximately two feet into the sidewalk, maintenance and landscaping of the median strip in front of each owner's lot shall be the responsibility of the lot owner,. Although the Association s-hall not be responsible for maintaining the median strip, it shall have the authority to do so in the event a lot owner(s) fails to do so. Should the Association have the right to maintain or landscape any portion of the median strip, or should the Declarant elect to do so, the Lot Owners shall reimburse the Association or Declarant for the costs of such maintenance or landscaping for the portion of the median strip in front of the Lot Owner's Lot, and the Association shall have the right to levy a limited assessment against the responsible owner for the costs of maintenance and landscape in accordance with Article 6.1(d). 4.4 Management. The Association may employ the services of a manager and other personnel to carry out the management of the Association's maintenance responsib'i'lities. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 6. •t 4.5 Heavy Maintenance of Drainage Lots. Heavy maintenance consists of periodically inspecting the Drainage Lots to insure they are functioning properly; cleaning out the piping and mucking out the Drainage Lots when the sediment level exceeds the designated storage level. All other maintenance of the drainage Lots shall be referred to herein as "light maintenance." Ada County Highway District (ACHD) has opted to perform this heavy maintenance and shall be allowed, by the Homeowners Association, to perform this maintenance work. In the event, ACHD shall decide not to do such "heavy maintenance" then the Association shall do it. 4.6 Easement to ACHD for Heavy Maintenance. Each drainage lot shall have an access road along one side of it to support a HS-20 truck loading. Such access road shall be accessible from the adjacent subdivision street, extend along an entire side of such drainage lot and be at least twelve (12) feet wide. ACHD is hereby granted an easement along one side of each drainage lot for the purpose of access to perform this heavy maintenance. An easement is granted across each entire drainage lot as needed for maintenance of the retention ponds by ACHD, and no landscaping or other obstruction shall be placed on the Drainage Lots in a manner that would interfere with the heavy maintenance. In the event that it is necessary to replace .any improvements to the Drainage Lots such as fences, trees and/or sod, the removal of which has been necessary to perform maintenance, such replacement 9shall be the responsibility of the Homeowners Association. 4.7 Light Maintenance of Drainage Lots. The Association shall perform all "light maintenance" of the Drainage Lots pursuant to that certain Manual for Light Maintenance, the original of which shall be kept on file with the Homeowners Association with copies made available to any interested party upon request. Said Manual for Light Maintenance is incorporated herein by this reference. ARTICLE 5: PROPERTY RIGHTS 5.1 Owners' Rights of Enjoyment. Every Owner shall have a right in and to the Common Areas and Common Facilities, subject to such reasonable rules and regulation covering the use and access to such areas and facilities as may be adopted by the ,. .:. ... . _....... , ., _~.. . _.. ~.._,. r. .. _ ,._ s..:,~: Association; provided,~however; Owners shall no•t have a right toi access Lot 2,•Block 1 and Lot 1, Block 3 until such time as alh interested parties, including the_Namp_a-Meridian Irrigation District agree .to such access. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 7. 1 5.2 Dedication. The Association shall have the right to dedicate or transfer all or any part of the Common Area or Common Facilities to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer has„been approved by two-thirds of the members of the Association. 5.3 Improvements. The Association accordance with its Articles and Bylaws, purpose of maintaining and improving the Facilities and in support thereof to mor provided the rights of such mortgagee sh subordinate to the rights of the Owners ARTICLE 6: ASSESSMENTS shall have the right, in to borrow money for the Common Area and Common gage said property, 11 at all times be nder this declaration. 6.1 Creation of Lien and Personal Obliaation_of Assessments. Each Owner, by acceptance of the deed therefore (whether or riot it shall be so expressed in such deed) is deemed to covenant and agree to pay: (a) To the Association or Declarant, regular annual or other regular periodic assessments or charges ("Regular Assessments"); (b) To the Association, Special Assessments for capital improvements, such Special Assessments to be fixed, established and collected from time to time as hereinafter provided; (c) To the Association and/or the Nampa Meridian Irrigation District, Irrigation Assessments. It is contemplated that the Nampa -and Meridian Irrigation District shall provide pressurized irrigation water services to all lots. In addition to any assessments made by the Nampa and Meridian Irrigation District for irrigation water, Owners shall be required to pay an additional assessment to the Association, or in the event the pressurized irrigation system is conveyed to Nampa and Meridian Irrigation District, then to the District, an additional assessment under Idaho Code ~ 43-330 (f) for the operation, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 8. •~ maintenance and repair of the pressurized irrigation water system. Each Owner is prohibited from making any cross- connection or tie-in between the irrigation water system and the domestic water system., WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH OWNER SHALL BE RESPONSIBLE TO INSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF THE OWNER'S LOT IS NOT CONSUMED BY ANY PERSON OR, USED FOR CULINARY PURPOSES; and (d) In addition to the Regular and Special Assessments, the Association shall have the power to levy a Limited Assessment against Owners and Lots for, maintenance and repair of any Lot or any improvement on a Lot, if such maintenance and repair is necessary to preserve the quality of the Subdivision; and/or to correct a violation of the Declaration or any amendment thereto or the ACC Rules. No such Limited. Assessment shall be levied until (a) the Board or ACC has given written notice to the Owner of the maintenance or violation cure required; (b) the Owner has refused to perform the required maintenance or correct the violation within a reasonable time; and (c) the Association has incurred expenses for maintenance or correcting the violation. Thereupon, the Board shall have the power to levy a Limited Assessment against the Owner to pay for the costs of such maintenance and repair or correction of violation and any other costs or expenses, including attorney fees, arising out of or incident to such maintenance and repair of-the Association. 6.2 Collection and Enforcement. The Regular, Special, ,Limited and Irrigation Assessments, together with interest thereon and costs of collection and reasonable attorney fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney fees, shall also be the personal obligation of the Owner.at the time when the assessment fell due. The right to collect and enforce payment of the assessments is vested in the Association. If an Owner fails to pay an assessment within thirty (30) days of its due date, the Association shall prepare a written notice of assessment setting forth the type of assessment, the amount of the assessment, the amount remaining unpaid, the name of the record Owner of the Lot, and a legal description of the lot. Such notice shall be signed by the President and Secretary DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 9. • of the Association, whose signatures shall be acknowledged by a notary republic, and such notice shall be recorded in the office of the Ada County Recorder. Thereupon, and upon the continuing failure of the Owner to pay an assessment, the lien for assessment herein created may be foreclosed upon as provided by law for foreclosure of a mortgage on real property and other real property liens. Notwithstanding anything to the contrary contained in the Declaration and any amendment thereof, no action may be brought to foreclose the lien of any assessment until the expiration•of thirty (30) days after written notice of default has been deposited in the United States mail, addressed to the Owner of the. Lot at the street address of the Lot or the last known address of the Owner, if otherwise shown on the books and records of the Association. Such notice shall specify the amount •and due date of the unpaid assessments and the legal description of the Lot. 6.3 Purpose of Assessments. The assessments levied by the Association or the Declarant shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Property and to carry out the objectives and responsibilities of the Association, and for the improvements and maintenance of any Common Area, Common Facilities and all improvements constructed thereon, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common Area and Common Facilities, and including without being limited thereto, the payment of taxes and insurance on all or any part of the Property. 6.4 Assessment Limitations. Until January 1 of the year immediately following the conveyance of the first dwelling Lot to any Owner, the maximum Regular Assessment shall not exceed $240.00 for each Lot subject thereto. Thereafter., the maximum Regular Assessment per lot may be increased each year not more than five percent (5%) above the maximum assessment for the previous year without a vote of the membership. In order to increase the assessment by more than 5o for any given year, there must be a vote of two-thirds of the members affirming any such increase at a meeting duly called for this purpose. The Board of Directors of the Association may fix the Regular Assessment at any amount equal to or less than the maximum. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 10. • 6.54 Initial Regular Assessments. Initial Regular Assessments shall commence as to each Lot upon the closing of the first sale of such Lot from the Declarant, or as to the remaining Lots: owned by Declarant, when such Lots are no longer offered for sale to the general public. At each such closing, the Owner thereof shall pay the sum of $200.00 and such portion of the greater of either an additional $200.00 or any existing Regular Assessment set by the Declarant or the Association pro rated for the remainder of the calendar year. The initial $200.00 shall be paid to the Declarant to reimburse the Declarant for Association fees incurred by the Declarant prior to the assumption by the Association of the Association's duties and obligations with the pro rata portion of the initial Regular Assessment paid to the Association if the Association .has conducted its first annual meeting, elected aboard of directors, established a Regular Assessment, and assumed the obligations and expenses of the Association; otherwise, to the Declarant. Until the Association has conducted its first meeting, the Declarant shall have the full power and authority to exercise all of the rights, duties and functions of the Association. The Declarant shall have the exclusive use of assessments for the purpose of discharging the duties and obligations of the Association in accordance with this Declaration. The Association shall, upon its first meeting, initiate assessments in accordance with this Article 5, without regard to or an accounting of the initial deposits or other assessments previously paid to the Declarant. 6.6 Assessment Due Date. The due date for Regular Assessment shall be May 1, unless some other due date(s) is established by the board. Each assessment shallmbe delinquent if not paid within fifteen days after the due date set forth in any notice of assessment. ' 6.7 Interest and Penalties. Any Regular, Special, Limited or Irrigation Assessments levied on Lots if~not paid when due, shall bear interest at an annual rate as shall be set by the board from time to time, or if none is so set, at an annual rate of 120. Such interest shall commence on the date the assessment becomes due` and payable.. In addition to the interest charged, the board may, in accordance with Rules and Regulations promulgated by it, impose additional fines or charges for the failure of an Owner to timely pay any assessment when due. The right of the board to charge interest or impose additional fines or charges-shall be in addition to, and not in lieu of ,, any other right of enforcement or sanction available to the board in the event of non payment of an assessment. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 11. ~ ~ 6.8 Billinct for Annual Assessment. The Regular Assessment may be billed on a monthly basis, 1/12th per month, or on a quarterly basis, 1/4th per quarter, in advance. 6.9 Special Assessments. In addition to the Regular Assessments, the Association may levy in any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area and Common Facilities including the necessary fixtures and personal property related thereto, provided the assent of a two-thirds majority of the votes represented by those members who are voting in person or by proxy at the meeting duly called for this purpose is obtained. 6.10 Notice and 4uorum for Special Assessment. Written notice of any meeting called for the purpose of making a Special assessment shall be sent to all Association members not less than twenty (20) days in advance of such meeting. Such notice shall specifically indicate that a Special assessment is to be considered at such meeting. A quorum of not less than a one- third majority of the members entitled to vote shall be required at such meeting whether in person or by proxy. 6..11 Uniform Rate of Assessment. Special Assessments must be fixed in an equal amount for each Lot. All Special Assessments shall equally apply to all Lots, and no special rate or reduction in assessment rate shall be allowed because any Lot is unimproved or does not have a Dwelling Unit thereon. 6.12 Effective Nonpavment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action against the Owner personally obligated to pay the same, or foreclose the lien against the Lot or Lots of the Owner. 6.13 Subordination to the Lien of Mortaaae. The lien of assessments provided for herein shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the assessment lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is held by any person other than a prior Owner of the Lot, shall extinguish the lien of such assessments .as to payments which have become due prior to such sale or transfer. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION- - 12. 6.14 'Enforcement of Common Area Maintenance. Notwithstanding that the Association is obligated to maintain the Common Areas and Common Facilities contained therein as defined herein and,: within the Articles of Incorporation of the Association, it is hereby provided that Meridian City and/or the Ada County Highway District ("ACHD") and/or the Nampa Meridian Irrigation District (NMID) may elect to maintain any part or facility of the Common Areas defined herein should the Association or the Declarant fail to maintain the same. In the event that Meridian City and/or ACHD determines, in its sole discretion, that the Association is not adequately maintaining the defined Common Areas or Common Facilities, Meridian City, ACRD and/or NMID sh-all, before undertaking maintenance of said Common Areas, provide written notice of its and/or their intention to begin maintenance of the defined Common Areas or Common Facilities within a thirty (30) day period, within which time .frame the Association may undertake to initiate and conclude all maintenance defects as identified by Meridian City, ACHD and/or NMID. In the event that the Association shall fail to commence°and conclude maintenance of the defined Common Areas or Common Facilities. Meridian City', ACHD and/or NMID are hereby granted an irrevocable license and easement to enter upon any portion of-the Common Areas to perform inspection and maintenance. Should Meridian City, ACHD andlor NMID engage in maintenance of the defined Common Areas or Common Facilities after having provided notice to the Association and having provided notice to the Association and having `provided the Association an opportunity to undertake said maintenance, the Meridian City, ACRD and/or NMID shall be entitled to and empowered to file a ratable lien against all Lots within Tarawood Subdivision with power of sale as to each and every Lot to secure payment of any and all assessments levied against any and all Lots in Tarawood Subdivision pursuant to this Declaration, together with interest at the rate which accrues on jddgments and all costs of collection which may be paid or incurred by Meridian City, ACHD and/or NMID in connection therewith. Meridian City, ACRD andlor NMID may exercise their rights under Idaho Code by assessing the~,Lot Owners and certifying those assessments in the same manner as real property tax. This section shall not be amended without prior written approval from Meridian City, ACHD and/or NMID. The Association shall not be dissolved or relieved of its responsibility to maintain the defined Common Areas and Common Facilities contained therein without the prior written approval from Meridian City, ACHD and/or NMID. The Association and all Lots~Owners, by accepting title to a Lot, agree that all Lot Owners within Tarawood Subdivision are benefitted property Owners for purposes of this section. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 13. • • ARTICLE ~: PROPERTY USE RESTRICTIONS 7.1 The following restrictions shall be applicable to Subject Property and shall be for the ..benefit of and limitation upon all present and future Owners of Lots or any interest therein, and the Association, which is hereby empowered,- in addition to each Owner, to enforce the same: (a) Each Lot shall be used only for single family residential purposes, subject to the provisions as to Common Areas and Common Facilities and facilities used in common ... ,~,. a._ ,, __-r- - r-_-_ ... including schools, except_ Lot a1x,_ Block lA which _1s designated as a ... nonbuildable lot... (b) No Lot may be further subdivided. (c) No animals, livestock, birds, insect or poultry of any kind shall be raised, bred, or kept on any Lot, except that no more than two (2) domesticated dogs and/or cats or other small household pets which do not unreasonably bother or constitute a nuisance to others-may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. (d) All garbage, refuse and animal waste shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to prevent unsightliness, or unnecessary or unreasonable odors. (e) No equipment, motor homes, trailers, boats, camper, recreational vehicles, and other mobile equipment, trailers, implements, and vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such items are fully screened or enclosed from view, or unless the ACC has otherwise approved the location andlor screening of said items. No commercial vehicle, trucks with a capacity in excess of one (1) ton, shall be parked or stored upon any Lot or street, whether public or private, within the subdivision. No inoperable vehicles shall be parked or stored in any public or private street, and all such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any Dwelling Unit. (f) No truck, truck camper, tent, garage, barn; shack or other outbuilding or vehicle shall at any time be used as a residence or living place on any part of subject property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 14. (g) No noxious, offensive or unsightly conditions shall be permitted upon any par°t of-any Lot, nor shall anything be done thereon which may,be_Sor become an annoyance~or a nuisance to the neighborhood. Lot lx,- Block 1 shall be kept free of all . ~.: r~ _.. ~ .._~. weeds,'debris and any other waste. (h) Any lease allowing occupancy or residence in any Dwelling Unit, or use of any portion of any Lot within Subject Property, shall be subject in all respects to this Declaration. 7.2 The Owners have been made aware that the subject property has been developed in an agricultural community and that there will continue to be agricultural uses of some of the surrounding properties. The agricultural uses of the surrounding properties, including the use of agricultural machinery, burning and chemical weed control and fertilization, and the raising of livestock, although restricted from the subject property are not necessarily restricted from neighboring properties. This provision specifically puts the Owners on notice of such potential conditions. ARTICLE 8. BUILDING RESTRICTIONS 8.1 Mobile Homes. No mobile home, prefabricated home, trailer, modular home, or other pre-built or premanufactured home shall be allowed on any Lot. 8.2 Set Backs. The front lot line for each lot is located approximately two feet into the side walk, and although the current Meridian City zoning ordinance for this current subdivision permits a twenty foot front yard set back, it is a specific requirement of the City of Meridian and a specific building restriction herein that all dwelling units be set back twenty feet from the back (lot side) of the sidewalk. This set back is depicted on the front yard set back schematic attached as an exhibit to this document. 8.3 Dwelling Unit Size. No Dwelling Unit shall be constructed or placed on any Lot containing a total floor area on all floors intended and suitable for use as living area, not including a garage, of less than 1,.40 Q'' square feet measured from the outside of the exterior walls, or with a ground floor area of less than 950 square-feet. In computing floor area, basement space or any floor with a finished elevation more than DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 15. three feet below the natural contour' of the surrounding area shall not be included. No Building shall exceed two and one-half stories or 28 feet in height. unless-approved by the ACC. In granting or withholding such approval, the ACC shall consider the adverse effect of height on other properties within the subdivision and such other facts as may be reasonable. Each dwelling unit shall have an attached or detached fully enclosed garage adequate for a minimum of two (2) standard size automobiles. No carports shall be allowed. 8.4 Construction of Buildings. Units shall begin within one. (1) year lot from Declarant. All construction shall be diligently and continuously completed within nine (9) months from of the construction wank. Construction of Dwelling ~of an owner purchasing a work on Dwelling Units pursued, and shall be. --. the date of the beginning 8.5 Outbuildings. Outbuildings, separate garages, sheds and shelters may be constructed only simultaneously with or after a-.Dwelling Unit has. been constructed on the Owner's Lot. All such buildings shall be constructed only after written approval thereof by the ACC. All outbuildings shall be constructed of similar or compatible exterior materials with the Dwelling Unit so as to be aesthetically compatible therewith. 8.6 Fences. All Lots shall have an enclosed cedar-fenced or wrought iron fenced backyard, however, no fence or wall of any kind shall be constructed on a Lot unless the plans and specifications therefore, including the location, design, material and color thereof, have been approved in writing by the ACC prior to the construction or installation. All fences and/or walls-constructed on a Lot shall be in compliance with the applicable ordinance of the City of Meridian, Idaho. All fences and walls°shall be subject to the following restrictions: (a) No fence or wall shall be permitted to be constructed or installed on any portion of a berm constructed by the Declarant in Tarawood Subdivision. (b) Fences and walls shall not extend closer to any sidewalk than twenty feet (20') nor project beyond the front setback of the principal building on the Lot. No fence higher -than six feet (6') shall be allowed without the prior written approval of the City of Meridian (if required) and the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 16. • (c) All fences and walls shall be constructed and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenants, Conditions and Restrictions or shown on the recorded subdivision plat., of the property. (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboring Lots. (f) All fences constructed or to be constructed on common Lot lines shall be constructed and maintained at the equal expense of the Owners of the two Lots on which they-are located; provided, however, any Owner who constructs a fence on the common lot line. without procuring the consent and agreement of the.:, neighboring Lot Owner shall not be entitled to reimbursement for any portion of the cost_of construction. 8.7 Landscaping. The following provisions shall govern the landscaping of Lots within Tarawood Subdivision: (a) The Owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve said 1-andscape plan prior to the installation and/or construction of landscaping °on a Lot. Landscaping of a Lot shall be in accordance with the approved plan. (b) The initial landscaping shall include, as a minimum, sod in the front and side yards, sod or grass seeded in the rear yards, two (2) coniferous trees of at least 8' in height, five (5) ten gallon plants, fifteen (15) five gallon plants and fifteen (15) two gallon shrubs in the front yard. The use of berms and sculptured-,planting areas are not encouraged. (c) All required landscaping on a Lot shall be installed within thirty (30) days after substantial completion of the Building on the Lot, with a reasonable extension allowed for weather. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION =~17. (d) The four foot wide landscape area between sidewalk and curb of each Lot shall be landscaped by th'e Lot Owner with sod and flowering. Plum trees of 3" caliper or greater. There shall be one such tree for each 40 lineal feet of Lot street frontage, including driveway cuts. Each such tree shall have a minimum three-foot six-inch diameter ring at its base without sod, planted with 18 mature marigolds and 36 mature fuschia petunias (or such other single or two color combination as determined by the ACC), delineated from the sod with edging material, and covered with suitable mulching material such as wood chips, soil aid or the like in order to maintain a weed free flower bed in the tree ring. Maintenance of the portion of this landscaped strip adjacent to each Lot shall be the responsibility of the individual Lot Owners unless it is assumed~by the Homeowner's Association. At-the Declarant's option, the Declarant may elect to install the foregoing landscaping on behalf of the future Lot Owners, prior to the initial sale of the Lots. In such event, upon the closing of the first sale of such Lot from the Declarant, the Owner shall reimburse the Declarant the sum of $1,100.00 for the costs incurred by Declarant to provide the foregoing landscaping on the areas between the sidewalk and curb along the Lot. ARTICLE 9: ARCHITECTURAL CONTROL 9.1 Plans. No Dwelling Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein be made until plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 9.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used-which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other distinctive design features on the front exposure. No gravel roofs shall be permitted. Roofs shall be a minimum of 5/12 pitch with either cedar shakes or 25 year (or better) dimensional asphalt shingles, weathered wood, charcoal black or driftwood color, or such other dimensional asphalt shingles as is determined by ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAin100D SUBDIVISION - 18. • 9.3 Vehicles. The use of all vehicles, including but not limited to automobiles, trucks, bicycles and motorcycles shall be subject to ACC rules, which may prohibit or limit the use thereof within Tarawood Subdivision, provide par-king regulations and other rules regulating the same. 9.4 Exterior Energy Devices. All energy production devices including, but not limited to, generators of any kind and solar energy devices, shall not be constructed or maintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. 9.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any Lot without the prior written approval of the plans approved by the ACC. 9.6 Signs. No commercial billboard or advertising shall be displayed to the public view on or from any`Lot. Owners may advertise a dwelling unit and Lot for rent or for sale by displaying a single, neat, reasonable sized vacancy sign or "For Sale" sign thereon. Signs advertising the name of the builder and the name of the institution providing financing therefore may be displayed on a Lot during construction of the Improvements. Lighted, moving or flashing signs or displays for any purposes are prohibited. Directional road signs may-be used to give ,directions to traffic or pedestrians or to-give special instructions. Any directional or identification sign in Tarawood Subdivision shall be permitted, provided the same is approved by the ACC prior to installation. 9.7 Adoption of ACC Rules/ACC Standards. The Declarant or the Board shall have the power to promulgate, from time to time, ACC Rules/ACC Standards relating to the planning, construction, alteration, modification, removal or destruction of Improvements within the Property deemed:`necessary or desirable by the Declarant, or the ACC, consistent with the provisions of this Declaration. 9.8 Certification b Association shall, upon w improvements upon any Lot been duly approved by the other improvements do not noncompliance. y Secretary. The secretary of the ritten request, certify that comply with this Declaration and have ACC, or in the event said building or so comply, specifying the extent of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 19. • 9.9 Interpretation and Enforcement. The ACC shall have the authority to interpret and enforce any or all restrictions and covenants of this Declaration as they pertain to the Lots' improvements. The ACC shall have the authority to .pursue whatever action or litigation required to cause any Owner to remove and replace any element that ACC interprets as deficient or outside of the standards established by this Section 9 of this Declaration of Covenants, Conditions and Restrictions. This right of enforcement can include the ACC hiring any or all of such work to be done and encumbering the Lot on which said work takes place with a lien for the full amount of the cost of said work plus any other costs ACC may incur in such enforcement. ARTICLE,10: ARCHITECTURAL CONTROL COMMITTEE. 10.1 Members of the Committee. The Architectural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the' ACC shall hold office until he has resigned or has been removed; but iri'any event, until said member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. 10.2 Appointment. So long as the Declarant owns any Lot or parcel within the Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Board. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any action or perform any duties for and on behalf of the ACC. In the absence of such designation, the vote of any two (2) members of the ACC shall constitute an act of the ACC. 10.3 Approval Required. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated .or be permitted to continue or exist within Tarawood Subdivision without the. prior express written approval of the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 20. ~ ~ 10.4 Variances. The ACC may authorize variances from compliance with requirement s° of any conditions and restrictions contained in this Declaration, the ACC Rules/ACC Standards,, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variance must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the .specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with applicable ordinances of the City of Meridian, Idaho. 10.5 Application. To request ACC approval for the construction, alteration, modification, removal. or demolition of any improvements within the property, the Owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all information requested and be accompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, the following material (collectively called "Plans and Specifications") prepared in accordance with acceptable architectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Building(s) and all other structures and improvements including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the improvements. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 21. • (b) Building Plan.. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south,- east and west sides, and detailed exterior specifications which shall include, b'y sample if required by the ACC, all exterior colors, materials and finishes, including roof shingles., proposed to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of-•trees, plants, ground cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, freestanding exterior lights, driveways, parking areas and walkways. The ACC may, in its discretion, require the Owner to furnish additional materials and the materials submitted therewith and in reaching a decision thereon, the ACC shall use its best efforts and judgment to assure that all improvements shall produce and contribute to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Tarawood Subdivision as a quality residential development. The ACC shall promptly review and approve or disapprove in writing all submitted plans, and if plans have notabeen disapproved within thirty (30) days after they have been submitted in writing to the president of the Association or any member of the ACC, such plans shall be deemed approved. ARTICLE 11: ANNEXATION 11.1 Procedure. Additional land contiguous to the subject property may be annexed by'Declarant without the consent of the Owners within twenty (20) years of-the date of this instrument. Upon the earlier of recordation of a final plat of such additional land, or the certification by the Declarant describing additional land that-the Declarant intends to plat, such additional property shall, for the purposes of this Agreement, be deemed Annexed Property. Amendment of the Declaration to include such Annexed Property, and to subject such Annexed Property to the rights, privileges, restrictions, covenants and easements herein provided shall be made by the execution and recordation by Declarant of a Supplemental Declaration, which shall describe the additional property being annexed, and any supplemental or different covenants, conditions and restrictions applicable thereto, and any deletions or modifications to these covenants, conditions and restrictions as the Declarant may deem DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 22. !~. appropriate, and shall describe the Common Area and Common Facilite's thereof=.,~,i~ Upon' .,the recordation ofr, the Supplemental .~. ~ _ ~,.,~ ... a Decharation, the Annexed Property~described~t:herein,~.shall be .. ~. , _,. ~. ,, subject.to the~term and provisions;of~this Declaration as .though included.yorgnally in,,this Declaration,~Yand*the.definitions of~ Property, Commons Area and Common ~~Facihites Eshal.l ,automatcalily beyamended to~,conform; to such -supplement or usupplements,a,_as shall _, ~ ,,. ; allrahe other :definitions°herein, including the,, definitions of . 3 v .. 1,_ L-ot.. °and -Owner,., ; All Owners Hof -Lots ;.located nwithin ,the ..,expanded a, Project shall°~.be- subj ect~~toy~all_ easements; restrictions andj , . .., ~. reservations set forth. ~nrg;this,=;Declsarat-ion- ,and, shall-,have a they y -i privileges of, use of~sCommon ,Area. and Common Facilities, except. as otherw~se~ provided- herein and, subject to.,the`,restrctions,,and~ r~~ u ,. .. reservations ,set forth, in..,the *Declaration as amended and ... .. .~ supplemented from ,=time }to~•t~me. ~,;,~ ~~ .~-gym x~ ~~ s __ ,~,~.°._ . _ a. ~ . ~ a t.,a _ 3.. r. , . ,. ~ . ~- ,Ta,- 1°lmm. 2 #„Desictnat,ion of,.,Common. ;Areas... _,Any.L Common Area~'and,~~ Comm. on .Facilities..~designated nby Detrclarant'~as such on, the° plat of the newly annexed additional property or iri the~Suppl"ement Declaration or conveyed•to the. Association by Declarant shall be subj-ect to the same easements and other rights for the use and enjoyment, of the Owners as for the other Owners of Lots subject to.~-this Declaration . `u~,. ,„.. ~ ~ ~„ ~.. ~ ~G , . ,k .,,°, r. ,~ . ARTICLE.,12: WATER ~SYS-TENS - "~ '~ ~ ~~ ` g., 12 .a .Domestic. Water . ~,yEach ~ Lot "shall ha=ve acces's to a` domestic water systemyto be owneds~`and operated by the City of Meridian. The domestic water systemrwill provide water for ~.:. culinary and ~'othe"r ordinarydomestic household use, ~arid is not to be used to water a lawn, pasture; ~~la"ndscaped area or` otfier ~ "' r similar areas except for Lots which d'o not°have access to the irrigation system and for all Lots during, those times ,of year when .,water is not being~;supplied~by,rthe irrigation system'. Water from the, domestic water ,system for. irrigation purposes will be.. subject to rules oftthe City.of,Meridian and,"iriFany event, is subject to availability,.~~, Water from #the domestic water` systems shall not~~~be used for any swimming pool or to supply any exterior decorative pond, or any other similar use or system without the prior wrtten.,approval of each such~,use by the ,City of Meridian. ,~ ° ,,... r d ~~ F t: c ~. The Association,'may~~elect to receive water for irrigation` of thie.~ Common AreaAfrom theCity of Meridian when water is not. being m supplied. by the irrigation~~ system; r`whicYiY use shall be paid} by the Association from ts`assessments,. .Any Owner's use, of .water `from the, domestic water system shall constitute an agreement, to`pay~ the charges therefore by the City of Meridian. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 23. a 12.2 Irrigation System. All Lots to which delivery of irrigation water is feasible in the Declarant's discretion, ' including the Common Areas, shall have access to a pressurized irrigation water system ("irrigation system") to be constructed f by Declarant and owned and operated by the Association or the Nampa-Meridian Irrigation District for the benefit of the ~ Declarant, the Association, and Lot Owners. Owners of Lots to which the system has been extended shall be required to pay the assessment therefore regardless of actual use or nonuse of water from-the irrigation system. Use of the irrigation system shall be subject to such rules and regulations of the Association or the Nampa-Meridian Irrigation District and the right to receive water therefrom is, in any event, subject to availability for. Lots and for the Common Area. Water from the irrigation system is not drinkable; each Lot Owner shall be responsible to ensure that irrigation water within the boundaries of his Lot is not consumed by any person or used for culinary purposes. ARTICLE 13: GENERAL PROVISION. 13.1 Enforcement. The Association, the Declarant, any ~ Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the right to do so thereafter. 13.2 Severability. Invalidation of any one of these covenants or restrictions shall in no way affect other provisions which shall remain in full force or effect. 13.3 Term. This Declaration shall run with the land and shall inure to the benefit of the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees, and assigns, for a term of forty (40) years from the date of this Declaration. 13.4 Amendments. Except as otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 24. 13.5 Conveyance of Common Area. The Common Area and Common Facilities in each phase of development of the Project may be conveyed to the Association by Declarant, free and clear of all encumbrances, prior to the first mortgage in that phase being insured by HUD. Until conveyed, Declarant shall be solely responsible for the maintenance and management of Common Area and Common Facilities, and for all costs and expenses associated therewith not covered by the assessments provided for herein. 13.6 FHAIVA Approval. As long as there is a Class B membership, the following actions may require the prior approval of the~Federal Housing Administration or the Veterans Administration; annexation of additional real property to the ~'' Project, mergers and consolidations, mortgaging or dedication of ~ Common Area, dissolution of amendment of the Articles of Incorporation or Bylaws of the Association, and amendment of this Declaration. E 13.7 Contracts or AcLreements. The Board of Directors may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of the VA, FHA, the FHLMC, the FNMA or the GNMA or. any similar entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entities of first mortgages encumbering building Lots in the Project with dwelling structures thereon. 4 IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. Michelangelo Investments, L.L.C. By Frank W. Stoppello, Member z r 7 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TARAWOOD SUBDIVISION - 25. r ~ ~` STATE OF IDAHO ) ss. County of Ada ) On this day of 2000, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared, FRANK W. ~ STOPPELLO, known and identified to me to be a Member of the ~ limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 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Corrie A Good Place to Live - CITY OF MERIDIAN C1TY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 LEGAL: DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211• Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS 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, please'submit your comments and recommendations to Meridian City Hall r' Attn: Will Berg, City Clerk, by: ~ ~ April 26, 2000 Transmittal Date: April 13, 2000 Hearing Date: May 2, 2000 File No.: FP 00-004 Request: Final Plat approval of 12.801 acres with 32 building lots and 5 other lots in an R-4 and R-T zone for Tarawood Subdivision By: Michelangelo Investments, LLC /Frank Stopello Location of Property or Project: portion of the N 1/2 of sw 1/4 Section 20, T3N, R1 E Sally Norton, P/Z Kent Brown, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department Ada County (Annexation) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PPlFP/PFP --31 Z - 27 ~t„y~!'J ,~ ~ ~ -° F ~ ~ ~* S {: ;~ TIME TABLE FOR SUBMISSION: F~7EST FOR SUBDIVISION APPR~ FINAL PLAT , PLANNING AND ZONING COMMISSION ~ Pa ~ e. f ~~ ~ "e~~ jyU r'-. .5, s Y. r ~ ~lf ~o y A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The,. Planning and Zoning Commission will hear the~request at the' monthly meeting following the month that the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION , 1. ,Name of Annexation and Subdivision: Tarawood Subdivision 2. ~ General Location: A portion of the N I/z of SW'/4 Section 20, T3N., R1E. 3. Owners of record: Michelangelo Investments, LLC (Frank Stoppello, Manager) p Address: 620 W. Hays, Boise, Idaho ,Zip '83702 Telephone 336-1020 4. Applicant: Michelangelo Investments, LLC (Frank Stoppello~ Address: 620 W. Hays, Boise, Idaho , ,'`Zip 83702 Telephone 336-1020 5. Engineer, Stan McHutchison Firm _ Brigs Engineering, Iric. Address, 1800 W. Overland Road, Boise, ID Zip 83705 Telephone 344-9700 6. Name and address to,receive City billings - Name: Michelangelo Investments, LLC Address ~ 620 W. Hays, Boise, Idaho 83702 Telephone 336-1020 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: :~ 12.801 2. Number of building lots: 32 3. Number of other lots: , ` 5 4. Gross density per acre: 2.89 5. • Net density per acre: 2.50 6. Zoning Classification(s): ~~ R-4 ~~ 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile,what is the existing zoning classification? RT (Rural Transition) 8. Does the plat border a potential green belt? Nine-Mile Drain 9. Have recreational easements been provided for? 10' Pedestrian Pathway 10. Are there proposed recreational amenities to the City? No Explain 1 L Are there proposed dedications of common areas? No Explain For future parks? No Explain 990510\SUBAPPL-MER-final '~ (1) ~, _ 4 _< ~ ? ~` ~ 12. ' ~ • ~, do you propose any the; area? Mar~McPherson What school(s) sei `agreements for future school sites? No ~ ,Explain Proposed elementary- ' site northeast of the site in' Los Alamitos 13. Are,there any. other proposed~amenities fo-the City? No ~ , Explain 14. Type` of Building (Residential, Commercial, Industrial-or combination): Residential ra 15. Type`of Dwelling(s) (Single Family,Duplexes, Multiplexes, other): Single-Family ° 16. Proposed Development features: ~ ' . a. Minimum square footage of lot(s):. ..8500 b.~~° ~Nlinimum square: footage of structure(s):. :1400 ' ' c. ,Are garages provided for? .Yes ~ Square footage: .400 ~,_ d.: ' Has landscaping. been provided for: Yes ,Describe Turf on Drainage-Lot 'L`ot 4, Block 2~ e. Will trees be provided, for? No ,Will trees be maintained ? N/A f. Are sprinkler systems provided for? ~ .Yes g. Are there multiple units ? No Type: Remarks: `' ~ , .. . h. Are there special set back requirements.? No ° Explain: ~: t - a i. Has off street parking been provided for ? Yes Explain: Garages and ..,driveways. j. Value range of property: N/A - k. Type of financing for development: Conventional . _ 1. Were protective covenants~submitted? ° Yes ,Date: Sample CC&R's "° 17. Does the proposal land lock other property? No Does it create Enclaves? No ,, . STATEMENTS OF COMPLIANCE: " 1. Streets, curbs, gutters and sidewalks areao: be constructed to standards as required by Ada County Highway District "and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be'five (5}.feet in width. 2.' 7 `Proposed use is in conformancewith the City of Meridian Comprehensive Plan. 3. Development will connect to City. services. ~ ~ . . 4. . ,Development will comply with City Ordinances. 5. Preliminary Plat-'will include all appropriate'easements. 6:• °' ~ Street names must riot conflict,with City grid system. , _ .k _ ~ . _ 9=604 B ; PRE-APPLICATION MEETING , m ,t The developer shall meet with the Administrator'prior to the submission of the Preliminary Development Plan."sThe purpose ofthis-meeting is to discuss early and informally the ' purpose and effects 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`Commission or-Council prior to submitting an application.- ro ;~ ~, ,: ., ~ ~ _ ,,, . a ` :F ~ 510\SUBAPPL-MER-final k 990 . ~2) - ,. - ``.. ~- ~ 4 ` ~~ BAG` E~VG~NEEIi~IN~ Ins 1800. West Overland Roa ~ ~ ~IW1~1/EYORS Boise, Idaho 83705 - 3142 .. R ~' lloie~' (208} 344-S~DO Fax ,(208) 345-2950 Email BEI-Idaho@msn.com January 26, 204Q City of Meridian .. 33 East Idaho Meridian,: Idaho- 53642 Attn: Shari Stiles P u. Re: Tarawaod Subdivision-Final Plat Submittal 3; s Dear Shari: We are requesting lenience on the final "plat submittal for'the above referenced subdivision: We would- like to still meet the deadline for next months agenda. Our hardship is that we don't have a landscape/fencing plan as required in the preliminary, plat conditions for the f nal plat submittal. Becky asyou know is out this entire week and us as her co-workers are trying to keep her projects in line with. her~client's expectations. We will guarantee that you. will receive this requirement prior till the hearing with enough time fo`r:.you to review. Please contact me.to let me know if this is .satisfactory. You should find -the rest of the final plat packet is complete. Thank :you in advance for. your understanding in this matter. ySincerely;, } Donna-Wilson ,. Administrative Assistant ` Briggs Engineering, Inc. CC: Stan 1VIcHutchison ,. Becky Bowcutt 990510\CityMer-ltr3 I -~ '-`, ~~, ~ ~~ :~ ,~ CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: ~Glil/Q [.t?"~'I~~ ' ENGINEER: - `~rf'>2K ~C',~•~'i .li~i~~y( ~~• ~ . The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the- Idaho Code. The final plat submittal. shall include at least the following: ITEM DESCRIPTION 'Y Thirty (30) copiies of written application for approval as stipulated by the Council Proof of current ownershipFof the .real property in L. o FY the proposed final. plat and consenfiof recorded owners of the plat (warranty deed, signature sheet of final plat) A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof ~. ., a A statement of conformance,with,all requirements and provisions of this Ordinance ~! A statement of conformance with acceptable engineering, architectural and surveying practices and „local standards Street name approval letter from Ada County `~. Three ~co ies of the final en ~ineering ~l p g construction drawings for streets, water; sewers, sidewalks, irrigation and other public improvements `~. Thirty (30) prints of the final plat at a scale of one inch equals fhree,hundred feet (1"~= 300')': IAnclude subdivision and street names, lot•~ and block numbers onl _ COMMENTS ~~ ~~ - ,,., ~~ O~ O FINAL SUBDIVISION PLAT CHECKLIST Page 2 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name ue ~ b. Year of platting cl e s c. Sectional location of plat -County u ~ S d. North arrow a ~s e. Scale of plat (not smaller than 1" = 100') t.eS f. Streets and alleys with widths and bearings uc s g. Street names ~-e S h. Consecutive numbering of all lots in each - block, and each block lettered or numbered ~e ~ i. Each and all lengths of the boundaries of each lot including curve table yes j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table `'~ cs k. Descriptions of survey monuments U .mss I. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system ytS m. Easements `~' ~ n. Basis of bearings ---~ o. Pertinent notes for easements, restrictions, designations, etc. L}f ~ p. Land Surveyor -signed seal ~' S q. Land Surveyor business name -City location ueg r. Legend of symbols c s ~~ ~' s. Minimum residential house size t. Adjacent platted subdivision names ~eS Fee Paid `~3`7 ~ Lots @ $10.00/Lot ~~7 ~ f ~ ~~°'' 'Y1. Other Information as Requested by Administrator, City Engineer,`Plannirig & Zoning Commission, ~ l or City Council .: FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Planning & Zoning Administrator GarX D Smith P E C~ En4ineer ACCEPTANCE DATE: ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: `1". SQUARE FOOTAGE OF LOTS (8'-2 x 11 SHEET) GROUND WATER $TRT,F,/~yirN~" - ATTACHED TO PLANS ~l~ 3. DEVELOPMENT AGREEMENT (IF AVAILABLE) CC & R's (IF AVAILABLE) C ~ra~`~x~P le~ a' ~ ~ ~ CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: ~C~V~1WoJt1 C'~ ENGINEER: 1 ~ The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION COMIViENTS 1. Thirty (30) copies of written application. for approval as stipulated by the Council A 2. Proof of current ownership of the real property included in the proposed final plat aad consent of recorded owners of the .plat (warranty deed, signature sheet of final plat) ,,' 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof ~ 4. A statement of conformance with all require- ments and provisions of this Ordinance 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street Warne approval letter from Ada County 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public impmvemerns 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300. Include subdivision and street names, lot and block numbers only. !: FINAL SUBDIVISION PLAT CHECKLIST 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting c. Sectional location ofplat -County d. North arrow e. Scale of plat (not smaller than 1 "=100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions ofsurvey-monuments 1. Initial point and tie to at least two public land survey corners or, in lieu thereon to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor -signed seal q. Land Surveyor business name -City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names 10. Fee Paid - Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council Page 2 ,~ ~y, ~ • FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the :final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Plaam~~ & 7~onin~ Administrator Gary D. Smith P.E. City Engineer ACCEPTANCE DATE: OTHER ITEMS 1. Landscape plan for common lots 2. 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SHORTHORN _ UI W ~ ' $ °• m o: K w m ai ~ N A~,Tn ~ .°. 161.26 ~ 8 ' 1JO.0o PUCE ~ ~I s _ t ... _ l uO 9.16 (~* _ O m '~Ia,_ ' ~ •1B•o °+a ~ otio :.j m A' z Ulm ~' C A;' O) O A r 00 fO~ x 2 m :IL, 0I f t~ N ~ m Q ~ N N' I I . \ ~ ~ e~\u• ti ;F \ \ ! \ \ W9 ~. ~Q J ~ 9 i ~ /'/ ss~ t` °' " 3. 5~'S _ i ~ ; t np ~~ ~N z~/' V+ i~~OD 02? m~ ~ Om . oz ~ A o u ~ N u m ~ ~ ~ r `' ~FIDAVIT OF, LEGAL INTEREST • ~ ", .., .. a ~ , -. STATE OF fDAHO' ) ., ~~ ss s- COUNTY OF ADA ) ~ ,,~ ~',,~1 I Frank W. Stoppello, Manager of Michelangelo Investments,~LLC `~ Name - .Address 620 W. Hays; Street, Boise, Idaho, 83702 ,being first duty sworn upon (city) - _ r ~ (state) oath, depose and say: s. Michelangelo Investments, LLC ~.s . 1. , ;: That-F-a~ the record owner of the property described on the attached, and I grant my ` permission to ~ _ ~ - ~ .. Briggs Engineering, Inc., 1800 W. Overland Rd., Boise, ID; 8~3+705 (name)... ~•, (address) ~ w, a to submit the accompanying application pertaining to that property., . ~ ~. ;~ 2. al agree to indemnify, defend; and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any'~dispute as to the statements contained herein : or as.to the ownership of the property which is the`subjectof the application'. ' .~ 3 k a .Dated this 25th day of June ~ , 19 99 «• u _ r ~ } 4 (Signature) ' ~ Manager, Michelangelo -Investments, LLC 's ~ r SUBSCRIBED AND SWORN to before me ttie dayyand~year first above written. ' z PAL , ~ - x ~ ` Notary Public for Idaho Residing at Boise, Idaho m My;Commission Expires: i1=os-2000 fr ,; .. f _ 5 "" ~ a x .~ ,n s RCCORCEr RE VEST ~ k ` M0 JUl~TY RECORDER: , ~ ~ ~ ~ ~ " ~ ~g~9 ~~~ ~ ~~ ~•~~'z~ 32. ~ y 9 0 ~~ 3 0 7 0- --- ~ c ~ F t ~ - ~'' ~ QUITCLAIM DEED ~" r ~FOR~ VALUE RECEIVED, FRANK W. STOPPELLO and VICKIE M.j~ 5TOPPELLO, do herebyconvey, release., remise .and forever quit u•~°~'claim unto' MICHELANGELO INVESTMENTS, LLC whose address- is 620 '° }West `Hay's Street, Boise, Idaho; 83702, all right, title, pand .interest now owned or hereafter acquired in the following ~, ~ described premise's, located in Ad'a County, Idaho, more particularly described in Exhibit A attached hereto. ~ g" ,' r .e TOGETHER WITH rill rights-of-way for ingress and egress, -- easements, water, water rights, ditches and ditch rights-of-way ~Yappurtenant thereto 'or connected therewith. w << - ~~ ~ , DATED : . ~ ~ k ' ..~ y r Frank`. W~. Sto ello 4 _ ~`. 4. a .. + _ . a .' , .,,, DATED: ~ - § ~" TM~ Vickie M. Stoppello - - v - x F: ~r. ¢ r. Y '.STATE OF ;IDAHO"'* `~ ~ ) " ' R Y . • _ ~. ss. r County of Ada ) _' ~• iOn -this y of~ J' ,, in th'e year1999, before me, ~~'~-- ; the undersigned, a Notary Public in Ada_ County, State of Idaho, personally=appeared-FRANK W. STOPPELLO and VICKIE M. STOPPELhO, husband and wife, known or identified': to me to.~be the persons whose names, are subscribed to °th'e~.`wi:tY`in.,and_~:foregoing '"instrument and acknowledged ~to'~me thatR .tic..f~ . ~~, , .. ~: etheyn exe.~uted- the same . , I1~ Tn~ -NESS WHEREOF, I have hereunto set my hand and affixed- t^ m ~'b~'fici~~~ayl_ the day aridR year in this certificate first above, ~ ^ r ° r' r •~O Notary Public fort e State o daho ~~~ ~ff O ~• `;~~ ,.' Residing in Ada County, I Yio ~~~, .,,,<<~~.~..~~~~~-~~~`'~~ My Commission Expires: `~ ~ti ~ rte'. _ . .. s.<,.. ,. , QU'iTCLAIM DEED. - 1~. ,~ ,. g .. ~. .. ~ ~* 'p - ~~~. ° r~ _ t -' i ~ ~ ~ , x . _~r 3 ~ ~ i; ~ - v ` ~ ~ ~. , ~ .. _ 4 .. 'ir' ,. ~ ~ 3 e ... a ti r 4 t q a ~ f d *• ~' -EXHIBIT A - r k -~ „ ~ W ,. _ .. ,* ,, b o. " e t, .. rw ~ ~_ ;yw ± 7 THIS PARCEL IS A PORTION OF THE SOUTH $ALF OF THE'NORTH ,~ . '~ ~ HALF OF THE SOUTHWEST QIIARTER OF SECTION 20, TOWNSHIP 3,.. .~ ~~ d, ;' NORTH, RANGE 1 EAST OF.THE BOISE MERIDIAN. ADA COUNTY, f IDAHO, AND~IS MORE Pp,RTICIILARLY DESCRIBED AS FOLLOWS:y „ _ ,~ ~~. , COMMENCING' AT THE SOUTHWEST, CORNER +OF SAID SOUTH HALF -i ~ OF THE NORTH ,HALF .OF 'THE SOUTHWEST QIIARTER, ` -~ THENCE SOUTH.. 89 DEGREES 49' 39" EAST "(OF RECORD°~NORTH 89 ~. ` DEGREES 24' 3 0 " EAST) ALONGy i THE SOUTH. BOUNDARY OF_, SAID s SOUTH HALF- OF THE NORTH' HALF OF ~ TSE SOUTHWEST,. QUARTER 'A ~ " .k DISTANCE 'OF 1272.85 FEET TO THE TRUE POINT OF d BEGINNING, ~ - '~ THENCE NORTH 41`DEGREES 53'08" WEST (OF RECORD NORTH. 42 `` fir y ~ DEGREES- 39`' WEST) A DISTANCE OF 263..20 FEET, F "~'~ ~ THENCE NORTg 40 'DEGREES 44'08" WEST (OF RECORD. NORTH 41 °` ,.- DEGREES 30'-WEST) A DISTANCE OF 140.40 FEET, THENCE NORTH. 29 DEGREES 00'08" WEST (OF RECORD NORTH~29 DEGREES 46' WEST) A DISTANCE OF 183.80 FEET, THENCE SOUTH_89 DEGREES. 57'08"' EAST. (OF RECORD NORTH 89 ., DEGREES~•17' EAST) PARALLEL WITS THE NORTH BOIINDARY'OF~ '' ` ~ SAID SOUTH HALF°OF THE"'NORTH HALF OF THE SOUTHWEST- ~~ QUARTER A DISTANCE -0F 57.19 FEET, p r :~ ~. -. - s THENCE`NORTH 29 DEGREES 00'08" WEST-A DISTANCE OF 232:91. FEET TO~A~POINT ON TSE NORTH HOIINDAR~ OF SAID~~ 'SOUTH HALF OF THE NORTH gALF OF THE SOUTHWEST QIIARTER; ` THENCE SOOTS ,89 DEGREES 57'08" EAST (OF RECORD_NORTH'.89 + DEGREES 17' EAST) ALONG SAID NORTH BOUNDARY A DISTANCE ; OF 57.19 FEET; ~ ~ ~ THENCE- SOUTH 29 DEGREES 00' OS'" EAST A DISTANCE OF t , .:251.66 FEET ~ • THENCE`SOUTS989 DEGREES 57'08" EAST (OF RECORD NORTH 89 z, DEGREES 17' EAST)tPARALLEL WITS SAID NORTH BOUNDARY A ` DISTANCE OF 1409..2.8 FEET; 6 ~ ~ - ' 4 ~ '# ~ s ~ ;A & M e i'. e a Y .~ .• ~~ a r Page 1 of 3 ,. n -. ~.. ~ u e j r -,-~ • ~ ~ i~~ __ ._ _ THENCE SOUTH 39 DEGREES 11'22" WEST (OFD°RECORD SOUTH`38__- DEGREES 25'30 "WEST) A DISTANCE~OF 302.09 FEET; ---- THENCE SOUTH 18 DEGREES 01'22 "WEST"(OF RECORD SOUTH 17 DEGREES 15'30" WEST) A DISTANCE OF 105.00iFEET; „ „ T$ENCE.~SOUTH 12 DEGREES 01'-38" EAST A DISTANCE OF 116.94 FEET (OF RECORD SOIITS 12 DEGREES 47'30" EAST A DISTANCE OF 117.4 FEET) TO A POINT ON THE SOUTH BOUNDARY OF SAID SOUTH HALF OF TSE NORTH HALF OF THE SOIITHWEST QIIARTER; ~~ THENCE NORTH 89 DEGREES 49'39" WEST ALONG`SAID SOUTH BOIINDARY`A DISTANCE OF 977.29 FEET (OF RECORD~SOUTH 89 DEGREES 24'30" WEST A DISTANCE OF 977.7 FEET) TO THE ° TRII$ POINT OF BSGII~II~TIrTG . ~~ °` TOGST~R.WITS A PERMANENT EASEMENT FOR INGRESS AND EGRESS AND INSTALLATION OF IITILITIES FOR RESIDENTIAL USE OVER THE FOLLOWING DESCRIBED PROPERTY: COMMENCING AT THE SOUTHWEST CORNER OF'SAID SOUTH HALF OF TSE NORTH HALF OF THE SOUTHWEST QIIARTER OF SECTIONa '~20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 49'39" EAST ALONG'~THE SOUTH BOUNDARY OF SAID SOUTH HALF OF THE-NORTH HALF OF THE. SOIITHW'EST QIIARTER A DISTANCE OF 1272.85 FEET TO A>' POINT, THENCE NORTH-41 DEGREES 53'08" WEST A DISTANCE OF 263.20 FEET; THENCE NORTH 40 DEGREES 44'08" WEST A DISTANCE OF - 140.40 FEET, - THENCE NORTH 29 DEGREES 00'08" WEST A°DISTANCE OF 183.80 FEET TO THE TRUE POIr]T OF BSGII~ING OF SAID ` EASEMENT, THENCE NORTH 29 DEGREES 00'08" WEST A DISTANCE OF k „ 197.45 FEET TO A POINT WHICH LIES ON A LINE 31.00 FEET SOIITHERLY FROM AND PARALLEL WITH THE NORTH.BOIINDARY OF SAID SOUTH BALF OF THE NORTH HALF OF THE SOUTHWEST .QIIARTER; ` ~~ THENCE NORTH 89 DEGREES 57'08" WEST ALONG-SAID PARALLEL ~~LINE A DISTANCE OF 497.04 FEET; THENCE 30UT8 0 DEGREE"44'37"' WEST A DISTANCE OF°-19.00 r ` FEET; „ THENCE NORTH 89 DEGREES 57'08"_ WEST PARALLEL WITH SAID ° NORTH BOUNDARY A DISTANCE. OF 315..40 FEET TO A POINT ON THE-WEST BOUNDARY OF SAID-SOUTH HALF OF THE NORTH HALF ` s OF THE SOUTHTiiIEST QIIARTER; THENCE NORTH 0 DEGREE 44'37" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF'50.00 FEET TO THE NORTHWEST CORNER OF SAID SOIITH HALF OF THE NORTH~HALF OF THE,. SOUTHWEST QIIARTER; ° z. F Page 2 of 3 • s g -~ ..~ THENCE SOUTH 89 DEGREES 57'08" EAST ALONG THE NORTB BOUNDARY OF SAID SOUTH HALF OF THE NORTH HALF OF THE SOUTHWEST QIIARTER A DISTANCE "OF 852.04 FEET; THENCE SOUTH 29 DEGREES 00'08" EAST A DISTANCE OF 232.91 FEET; THENCE NORTH 89 DEGREES 57'08" WEST, PARALLEL WITH SAID rNORTH BOUNDARY A DISTANCE OF 57.19 FEET TO THE TRUE POINT OF BEGINNING. w ,v L t ,. P,aae 3 of 3 .. ~ E ~ i. _ '",. r~ ~ SUBDIVISION EVALUATION SHEET e ._ Proposed Development NameTARAWOOD~ .M1 - . City Meridian ~. ^° Q.. ,,, ' c r i. , Date Reviewed` 07/15/99. ~ Preliminary Stage XXX Final M ~ _ ~,.. ;,;. ~ . f Engineer/Developer Briggs Engr. / Michelangelo Investments. LLC ,. ~x • .. "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 accordarce,with the Boise City Street Name Ordinarice.° ° ~ The following existing street names°shall appear on the plat. a, "S: GOLD BAR WAY" _ r < t - ' ,. z . "S. BAYOU BAR WAY" - "E~RIGGS c~lr?I~,Irrc~l~,~r= !~,~r: "S. LOCUST GROVE~ROAD" JUL ~ ~ X99 "E. VICTORY:ROAD" ,% "TALAWOOD" is similar.to the existing "TALLWOOD" and canriot be used: Please note that i 'the proposed street~is a cul-de -sac and would be a "COURT". r .. r ~~SHORTHORN" was reserved 02/15/96 for THE.RANCH now known as SHERBROOKE ` HOLLOWS`by your firm. It was reserved as "E. SHORTHORN CT." If you wish to use now P ~. ~~ ,= it would~be' "S. SHORTHORN AVE."'and'"S. SHORTHORN PLACE°. The above streef name comments have been' read and approved,. by the following agency ~= ~ ` representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must ' besecuredXby the- representative or his designee in order for the. street names to be officially approved. ~ ~ a ,, ,. ADA'COUNTY STREET.NAME COMMITTEE, AGEN Y REPRESENTATIVES.OR €?ESIGl~EES .. _ / ~ _ .. ° .~ Ada County Engineer' ~ John Priester ~ ~L. Y Date 7 `/ S ,'1~ ,~ K ~. e Ada Planning Assoc. Ann Hurley Date l - / ,~ - 9 ~ l ` :., si ~ _ '~ ~ 4+., 'City of Meridian Representative- Dated 7- %. S'~ ~ _ p _` Fire District Meridian .; Representative ~Y Date '." 0 - ~`9 ' 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 Ili! µ A` ~ ~ Sub Index Street-Index 3N 1E'20 ~ Section ° E, NUMBERING OF LOTS' AND BLOCKS r / - TR\SUBS\SM_CITY.FRM ", _§ a Y k ~ u r ~+~ ~: : t.~ p BR/GGS ENG%NEER/NG,~ /nc,: ~ ~ - ~ ~~ ENGINEERS /PLANNERS % SURVEYORS 1800 west Overland Road Boise, Idaho. 83705 - 314.2 , . Voice (208)'344-9700 °, Fax (208) 345-2950 ,° a ~ ~ ~ E-mail BEldaho@msn.com. 1 } January 26, 2000 - r STATEMENT'OF CONFORMANCE ' ~~ ~ , ~' ~ .~i C' ' ~ ~TARAWOOD SUBDIVISION y' s,--~ ~ .S ~ ~ L ~ - _4 .,x # .w 1. ~ The-final plat is in conformance with the approved preliminary plat and reflects conditions setforth~ ~in the findings. .. ~~ , 2. All lots meet or exceed the dimensional, standards of the R-4 Zone. The plat. is in conformance with ~` theprovisions of the Meridian City Ordinance. _ , 3.. The plat conforms to acceptable engineering, architectural and surveying practices and local standards. ` STATEMENT- OF COMPLIANCE w . ~ R I. °- All streets areproposed as public with'SO-foot right-of--ways, curb, gutter, 5' sidewalk and`36'~back to back asphalt. • ` . ,~'f n 2: The proposed residential use is in conformance with the Meridian Comprehensive plan.. ~~ 3. The :development will connect to' the Nine-Mile Sewer Trunk line and to central water. fi a e e 4. The subject development complies with the Meridian City Ordinance. The Nine Mile Drain and Ridenbaugh-Canal are exempt from tiling. , i 5. The final plat reflects all existing and proposed easements. - ,y ` 6. The street names comply with comments by the Ada County°Street Name Committee dated `' 7/15/99. '' `' .. .. F + ~` g ~±, _. .. s '` ~ {' A {, ' .. •~y x .x ~ .. ~ .. .990510\stmnt-conform-final _, ,.* > ~ ., _ ~ t ~.• { BR/GGS ENG/NEER/NG~ /nom 1800 West Overland Road-. ENGINEERS ~ PLANNERS ~ SUF~1/EYORS Boise, Idaho 83705- 3142 ' , - ~ ~, Voice . (208) 344-9700. a x ~, Fax (208) 345-2950 y n ~- _ , - E-mail BEldaho@msn.com r ~- , ~ : January 24, 2000 ~ ~ ~. ~ ~ . ~ - r a F k tr ?, a ~ ° a 7 Mr. Rick Clinton ~ ~ ~ ~ ~ ~ w City of Meridian ~ ' ` 200 E. Carlton Avenue, Suite 100 ,.E Meridian, Idaho 83642 t ` ~., ~ Re: Tarawood Subdivision ~ ' ;~ . Dear Rick ° , ' ' '~ , ' ~ _ Enclosed for -your review are four copies of the water and sewer plans `of Tarawood Subdivision. -This letter is certification that-the known high seasonal groundwater is more than .three feet below'tfie finished. street grades. ~ . ~ ° `~ ` ;; f ~, F .The stre"et and irrigation plans were sent to the Ada County IiighwayDistrict and Nampa Meridian Irrigation District for .their review and approval. a ._ ;~ Please call me if you have any questions or need additional information. ~ ^ r ~ Sincerely; . , '` w k b ~' .. ~_~ BRIGGS ENGINEERING,~Inc. . ~~ F Stan McHutchison, P. E. ~. - SLM:fc Enclosures: ~ Construction plans (4 sets) ~ b cc: Frank'Stoppello w/enclosure ~ ~ y h .. R. 2. . P + 7 / c e .. , ~ ~~ ~. ~ ~ t ~ ~. i ., ~ , f '~, , • .. ~ ~' ~ .. ' R > 990510\CityMer-lti3 w .~ ,~{ F ;~ ~ w ~ , ,_ ,. _ .. t ,~. y, r 1 i ~ i " 5 E t d {• ~ ~; y e •~ a P ~ .> ~ a w ~ s. ' ~ A W / W a I I p v ~ / ~ ~ ' I~ ~ ~i I il R / V " ~~'' _ _ I ' s ~N h. I r v i ~ m I k. ~ " ~ a S SNOItiNOflN S SNORMORN N I ~~ ~ ~ ~~ m I ~ ~~ ~ 0 J N pppM m J ~ O I ~.d I I ~.. a, ~ w ~ ~ o J I ~ . u. ~ E A A d ~o I S~ U ~.. J C/1 ~ m w O $$ I7. t ~ ~ ~ S! m w+ ~ 9 ~ ~. J QQ I X~ I m I.. .. I } 0 ~ I i I y< i ~Y w ~ p k • ~ I } \ ~ • • I #. ~ ' +. ' 1 ~` . f I 1`~~i A d ~- d {w ~ ~ ~. ~ ~ ~' i r 4 _ ~ * ~. F, ~j E a a ~• y - ~ .. BWETICK fii ~ E R1 ~~ N ~ i I ~ E oRMiON 6i 1 1 1 ' RT ~ E DOfiERM~N DR EERM.IN DR ' R-4 ~ RT ' ETN~~~ EgARrr aEi i ~ ~~ ETIEEE Ewlg36t P ~ ~~ O ~ ,} ~ s ~ ~ ~ l ET NEZpE~ OR ~ - ^ ~~ ETifg EM~CR ~ (Y~ e Yk E LIME 20NE DR 1+ ~ DIA C T LI TS ~,~" 1 E E~BY Et Bi 3 BLO 2 11 m 18 BLOC 3 13 12 1 5 $ ~ B 7 14 4 9,~ 2 10 me 17 O 2 5 G9~ 3 4 8 9~ 18 15 11 g 6 _ HORSE CREEK 81..4 10 7... 5 ' 8 O 2 3 4 5 8 7 8 ~~ x B OC 3 ' i O 2 y ® EDWOg61NK DR g R-4 $ C7 E~~gcW ._. -4 ~~ .~ - - ---- --- -- --- °¢ 0 w cv ~ Q P ~ U RT VICTORY ROAD ~~~~ VICINITY MAP TARAVVOOD SUBDIVISION PORTION SW 1/4 SECTION 20, T3N, R1 E, B.M. ADA COUNTY, IDAHO SCALE: 1" = 400' -r - i .. .. _~ 7 ~ ~ `~ • . ~ .. ~. BR/GGS EHG/NEER/NG; /nc, `~ i ENGINEERS /PLANNERS/SURVEYORS 1800 west overland Road _ Boise, Idaho 83705 - 3142_ .- Voice -(208) 344-9700 . ., ~' fax (208) 345-2950 E-mail BEldaho@msn.com , a ..January 25, 2000 ~ ~ - - GROUNDWATER STATEMENT J ,~ Because Tarawood Subdivision is adjacent to three subdivisions that have had extensive. soil analysis , done'on them, we propose to submit the following Statement of Groundwater Condition rather than a separate report. s - , w Groundwater monitoring,has been ongoing. on the adjacent property to the north (Los Alamitos); , south (Sherbrooke) and east (Thousand Springs) of this small'property. We have been evaluating • "n the data from these subdivisions over the past several years. Thee elevation of Tarawood is higher than Sherbrooke Hollows and has a large deep drain along the '~ ~ south and west boundaries, which intercepts groundwater. ~ The approximate groundwater elevation ~_ ` in Sherbrooke is 2639f. ,The depth to groundwater in Thousand Spnngs is greater than 10' deep. The groundwater levels in Los Alamitos-also appear to be 9'~ deep. 4 Based on the. available information, groundwater should'not be an issue in`Tarawood Subdivision. Please call me if you have any questions or need additional information., , .. t _ ~. F 5 ~~ S °~ ~.~~ ,s...; J ~ 9J, l /Z y ~E7 O . - ,{ 9y F U F ~ `~ ~ 9 C' A ~ r t ... ~ ;:~ ~ 9 . _ ~~ ~ :,. R, ~~ 990510\groundwater statement ~ F - . € i r 4 ` S( , .. 3 .,, - - ... tT....., ~; f e .. v ~ ~ ~ S • ..~ e r ! ,~ ~ ~. - j ' ,k ' ,r ., ~ 5.: t ~ ~ / ,. ., ~ ~~ /~ ..s T: y ~, ai:: / ~ ; 1 ~ '~ ~ e s ~ a > N '" O ro ~ 1. __~ p tD V I - ~ x .. , •~ NONf ~ ~ n OI ~ y ~ n 1 ~~ ~ y A. „ /~ . N 1 fa .. ! ~ ~ N • d ~~' ~ T 6 0 $„ s 6 ~ 1 4 .. _ / c, ~O ~ Y Op 1 1 ~ ~. ,- ~ ~ N ~ ~, .~ e / I N W * . / s 0 e a. k g~ ~4 t. ,a p I W N w.. .. a' ~N ~~ N+ ~ ~T- N A V ~ ~ 1 w~ ~~~ ~ DNJ ,. ~ i.. O _ .. {~ ~ Np. A C N10 n N I ~'d pj w~ 1 1. ~ ° V N ; 1 I „ i O n ~f nN O ~ . 1 .. 1 N ~ ~ yl W N , J O r 1 I p - m1 D ~I (d " p N _ ~ ' N~ 1 j j N I ~.~ WNW ~ 1 ~ a '] I LU ~ n ~ I ~ ` ~ Y r ~ 1 ~ ~ ~ 1. ~~ N~ o N 1 + - (, S. SHORTHORN , w "S SHORTHORN ~ ° ' ~ e . y ~ O1 I .+,;~ ~ .. 1 AVE. PLACE ~,,n 1' ~ , .. I i0 ~N m ~ i./. N+N ,. 1 1 yN:N w~ ; fTl ^ pQp ~ N lN.. a ; D U J ... O r ' c I~ _ i u. O q1. _ ,+ ~ ~ ~ fn p 1 I ,. I 1 ° .t >m W m rne p ~N ~ ~ 77 1 ~ r. t ,:'k .. P~ ~ ~ A rn _, D J O O 1 m A IP .t{ * 1 ~ o a~ In m~ w y j w° I /~ .. td D O ~ ie ° 9,qR F~ ., -I p w N~ ~ ~qy ~~ ~ A i m d' N V , N ^b O .. . I + ... -~ .. Dy n ~ ~~1 ~ ' ~ jam ~~ O 1 1~ .. I N DW, -~ I ~~ O 1 ,~ ~.~. 1 O ~ N N U J N~ ^ N ~ 1 _ 1 7 r , . ~ ~I •• 1 ~~ ~ D ~ N ~1 _ O w 1 ~p } e 1 b e O j V J D . p N~ .. z d .... } L. 1 ,. ~ p Pt -'ra J N OO~i b^ W~ to ~, - ro ~ n A ~ 1 ~ 1 a . . I D ~N y y A ~ O 1 ry,.; ~ ..1 ^ ~ w Y y p 1 J ~F 1 F _ I N ~ C ~~ . ~ N p N' I - - . .. 1 y ~ m G f CT'~ m~ O i .. W n ~~ ~ " 1 D'UI ~ T • 1 ' O W + W N 1 N j y Wa TV~ ~~ { - 1 ~ 3 H. m W 1 ~ 1 ,.. ~ p ^ ~ ~. •. ?~. 1 ~ L ~> D l0 ° 1 .. x i' ~ s. " . _ ~ I. ` 1 . ' ~\ , ( ~ .. J., ., -~ .r ~ ~ - . : M } ~ .~; s _ « f a e } s ~ e ~.; > £~ ,, t .. _ u. < - '~e 1VIASTER `" ,; . f = ,DECLA;RATION OF r _ - x. -• ,~ 5 COVENANTS ~CQNDITIONS AND RESTRICTIONS . ~~ FOR a g F 4 . TARAWOOD SUBDIVISION Ri : _ ~ - a . ~ .. ~4 ~. w THIS MASTER.DECL.ARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS- FOR TARAWOOD :SUBDIVISION. is :made effective as of the ` :- day of _ , 1999, by MICHELANGEL;O INVESTMENTS, L.iL. C. a I;imitedtLiability Company ("Grantor" and "Class B Member"). .. m - o f~ - .. ~ ~ -_ . ~ f i { ;J c ,~ c -' '} .: $,. .. ~ ., ~ :. ~ t ~ _, t M ~~ f," ~ r ~ d~ ` x .. ',P. E yr' .. _ .. ` . ~~ :s '~ 4 y ' e i ~' ~ ~ 3 ~'. ~ s e ,~ . t .. rt w t t f " 990510\cc&r cover _ _ ~ ~ t. S r e .. .. '.... ~ e. ~ _ .. .. ~*-- .. ' a ,e - ~ - A , ;, ... . p. ;,. ,. ~; ~ i • r. _%' DECLARATION .OF COVENANTS, .CONDITIONS AND RESTRICTIONS OF THOUSAND y SPRINGS SUBDIVISION - ~. . '°THIS DECLARATION is made as of~the day~of , 1998, by FARWEST, L.L.C., hereinafter referred to as "Declarant." 'y , fl ~- ., . ~h ,RECITALS: . r a ~' ~_ A. Declarant Farvvest Developers, L.L.C. is the.owner of certain real °property in Ada County, State. of Idaho, more particularly described as `follows: A ~ ~ ~ All of the land. within the boundaries of Thousand Springs . ,zY,. z :~ . Subdivision No. 1 according to the plat thereof, recorded in Book'` of Plats at pages , .,Records of Ada. County; State of Idaho.:.,,, ~ _, • r The. above :described parcel ofpreal 'property is -hereinafter r"eferred to as"the "Subject,Property." ~• . r p ~. ~ ~£~~ B. Declarant. desires to impose ;upon Subject Property. certain protective . covenants, conditions, restrictions, reservations, easements,~liens and charges for the° benefit of Subject Property and all present and subsequent owners thereof, and £all , conveyances of Subject property or any' part thereof shall. be subject to this ~, Declaration; ~ ~ , .. _~ d, ., ..NOW, THEREFORE, 'Declarant hereby imposes upon.. Subject Property the „~ following~easeme•nts conditions, covenants, restrictions and reservations which°shall ~} • ~ .run with Subject Property and be binding upon alt parties now or hereafter having any . right, title or interest therein or to``any part,thereof, and shall inure torthe benefit of each owner'thereof. ° w , f. -. a a i, ' 'R 4- ~.° ARTICLE 1: DEFINITIONS. ' 1y { - i :(, The followings erms shall have the following meanings: •~, r ,_ .~ ° 1.1 ~ "ACC" shall mean the Architectural Control,Committee. f ~ '~ s ,. ~ a k £ , ° R 1 ~.2 a"Annexed •property" shall mean and refer to any real property made ~' ~subj'ect to~ this Declaration by Supplemental Declaration pursaant to the provisions ~- '~.. ~ hereof for the. annexation of additional parcels.. of real property. ~ • . - ,~. a o .~ ~ - , F~ ' ; `: DECLARATION. OF COVENANTS, Y , c CONDITIONS AND RESTRICTIONS -~1 x ~ E ~ , ._ .. .. ~ . .. a .~,. ,. R __ ~~. -, <: - e ~ 4 • ~ a 1.3 "Association" shalt mean and refer to Thousand Springs Subdivision Homeowners' Association, lnc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. '~ - 1.4` "Building" includes any Duelling Unit, house, garage, or any other partially or fully enclosed building, shed or other structure, consisting of one or more walls or roof. ~A building includes barns, sheds, animal enclosures which have a partial or full roof impervious to water in whole or in-part, and similar structures. a 1.5' `"Common Area" shall mean and refer to Lot 1, Block 3; Lot 1, Block 4; Lot 2, Block,4; L`ot 3, Block 4; Lot 12, Block 4; Lot 16, Block 4; Lot 24, Block 4; Lotw 34, Block 4; Lot 1, Block 1; Lot 7, Block 1; Lot 1, Block 2; Lot 1, Block 5; Lot 12, Block 7; and Lot 33, Block 4 of Thousand Springs Subdivision No. 1, and to any -lot or parcel designated as Common Area in the final plat of the subdivision or in a Supplemental; Declaration subjecting additional real property to this Declaration.`' Lot 12, Block 4, is a Common Area Lot that shall be used primarily for retention pond/drainage basins, which Lot together with ariy other Lots so designated in a Supplemental Declaration shallobe referr"ed to as "Drainage Lots." 1.6 "Common Facilities"shall mean and refer to those physical improvements constructed by Declarant upon. Common Area or upon the utility easement over each Lot including, withoutlimitation, benches, bridges, walkways and pedestrian paths, drainage facilities, streams, waterfalls and waterways and specifically including the wrought iron fence that borders the Ridenbaugh Canal. Common facilities shall not include the pressurized"irrigation 'system unless and until it is conveyed to the Association; it being the specific intent of the Declarant that the pressurized irrigation system shall be installed by the Declarant and shalt be conveyed to the Nampa and Meridian Irrigation District, together` with an easement over each. Lot and Common .Area for the installation; operation and maintenance of the system by`the District. 1.7 "Dec/aration" shall mean this Declaration. 1.8 "Dwelling Unit" shall mean that portion or part of any structure intended . to be occupied as asingle-family residence,. together with the vehicular parking garage xnext to such dwelling unit and all projections therefrom. ., 1'.9 "First Mortgage" shall mean any Mortgage possessing or holding a lien on a Lot or any part thereof prior to any other Mortgage. 1.10, "First. Mortgagee" .means Mortgagee who holds a First Mortgage. t F 'DECLARATION OF COVENANTS; CONDITIONS AND RESTRICTIONS - 2 ` ry • { 1.11 "Lot(s)" shall mean and refer to the plots or tracts`of land.comprising the Property; designated by lot numbers°on the plat, or any resubdivision thereby except the Common Area. 1.12 "Mortgage" shall mean any mortgage, deed of trust, land sale contract or other security instrument by which a Lot is encumbered. ~, 1.1.3 "Mortgagee" shall mean any person or the. successor to any person named as the mortgagee, beneficiary, seller or creditor under a Mortgage. 1.x:14 "Nonconforming Bui/ding" includes any building legally existing and/or used as of the date of this Declaration' which- does not conform with the building restrictions set forth in Article 6 of this Declaration. 1.15 "Owner" shall mean and refer to the record owner of fee simple title to any Lot, excluding those record owners having title merely for security °for `the performance of an obligation. 1.16 "P/at" shall mean and refer to that certain plat of Thousand Springs Subdivision to be recorded in the Ada County Recorder's office, which plat covers and subdivides all of Subject. Property. 1.1.7 "Property" shall mean the property defined as Subject Property in the recitals above, and shall further mean and refer to such additional real property as~may hereafter be made subject to this Declaration by Supplemental Declaration pursuant to the provisions hereof for annexation of additional parcels of real property. ARTICLE 2: HOMEOWNERS ASSOCIATION 2.1 Formation., It is contemplated that simultaneously with the execution and _, recordation of this Declaration, the Association will be incorporated and will adopt By- Laws-for its governance. To the extent the Articles of Incorporation or By-Laws of the Association by conflict with the provisions of this Declaration,. the provisions of this . ~_ Declaration shall control. 2:2 Membership. Each Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Ownership shall be the sole qualification for membership and shall automatically :commence when a person becomes such Owner and shall automatically terminate when such ownership is conveyed or transferred. There shall be only one membership for each Lot. If there ,are multiple Owners of a Lot, the Owners shall, by written instrument filed with the Association, designate the individual entitled to exercise the privileges of °Membership. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 3 i ~ ,- „ . ~ z ~~ ., ~~ r. s k ~ ~ - ~ ~ ~ ~ ~ ~' ~:> ~ ., ,, . _ .. ~, 2:3 `° glasses of VotingMembers. ,The Association shalL,have two classes of . ~ voting membership; however, all votes shall be equal and counted as such, except " where voting by separate classes may otherwise be provided in the Articles and'By- Laws of `the Association or this Declaration. `- ~ ~ (a), Class A members shall.: be`Owners with the exception of the Declarant idur+ng the perioii when the Declarant is a`Cla`ss B member). After the Class ` B.membership converts to'Class.,A memberships, each Class A member shall be entitled. to one vote for. each L'ot.owned. If there aye multiple-Owners of a Lot, the. _ Owners shall .designate the individual entitled to .exercise` .tlie voting. privileges of ~~ membership:and in no event shall more than one vote be cast with respect to any Lot.. t- m - _ (b1 ' The sole Class B member shall be the Declarant, or the Declarant's _, ~ ~ successor or assignor. Class B membership shall cease and be converted. . automatically to Class A membership (one Class'A membership for each Lot owned) when the Declarant owrtis ten percent (10%) or {ess of a{{ of the Lots which are part of the Property orany Additional Property annexed.or to be annexed under Article 4. Until that'time, all Association matters shall be governed by the Class B member. - ~ a. i,: . ARTICLE:3: „RIGHTS RESERVED BY DECLARANT '' , 3.1y~ Notwithstanding anything to the contrary contained in this Declaration, Declarant expresslyreserves unto:> ,~ ~ . ~ (a) Itself, its successors and representatives; contractors and their ~. .~ , , subcontracto"rs easements and rights-of-way on, over and across all~or any part ofthe streets for vehicular and pedestrian ingress and°egress to -and from ariy part of the ~. Property, or any adjacent real Property owned by Declarant, or its successors or assigns; (b) Itself, its successors and representatives, contractors and their ~-~ subcontractors (including any,district, company, unit of local government, Association- orother entity providing'water,~sewer, gas, oil, electricity, telephone, cable television, } or other similaraservicesl easements, access .and rights-of-way'on, over, under and across all `or part` of the Common Area and utility easements on, over and under.all , Lots and Common Area as provided on any recorded. subdivision plat of the Property for installation, use, maintenance and- repair of all lines, wires, pipes, pumps, water wells,:facilities,,.ard other things necessary for, all such services, provided that%any installation, maintenance or repair of such lines, wires or pipes shall be performed with reasonable care' and that the surface of said easement area shall be ~esto~ed to the ` level and~'condition that. existed prior to the `doing of work; and ~- ,, P (c) Itself, its agents and-successors, all water and water°rights over, upon or under or appurtenant: to the Property, ~o~ any portion thereof, and a nonexclusive easement ten,(10) feet wide, inside the boundary of each Lot and the ,-• Common Area adjacent to the right-of-way for construction of a pressurized pipe ".~ ' DECLARATION'OF COVENANTS= ~ r ~ :~ CONDITIONS AND RESTRICTIONS - 4 ;„ - Z w .. -~y ~ ,. ,, .. F ~. ,,. - ~ o .. 4 ~ ~ . ~ aw r' r „ irrigation system will be conveyed`to and operated by the Association or the fVampa- . Meridian.lrrigation District. Groundwater appropriated for the domestic water.system° will be ovvned by the City of Meridian. E :° ARTICLE 4: MAINTENANCE. r , `~ t.4.1 Responsibilities. Among its other responsibilities, the Association shall maintain all Common Areas and those Common Facilities dedicated to,~it and all landscaping, fencing, surfaces, bridges,` and other improvements thereon and easements therefore. Such Common:Area and Common Facilities shall be°maintained in~a.neat, landscaped and attractive manner. Common Area and Common.Facilities shall also include: any real or personal property as may be conveyed. to the Association. from time to.time by Declarant, or designated by Declarant as Common Area in any Supplemental Declaration. 4.2 f''rivate Property.. The Association shall also be °resporsible for- the e, maintenance of any perimeter fencing°of the property including the back Lot wrought iron fencing of those Lots that are contiguous to the Ridenbaugh Canal or other established irrigation and/or drainage ditches; and the bank of Ridenbaugh Canal ° outside of the fence. 'The Association shall be responsible for landscaping Lot 2, Block -• 4, which lot is intended to be developed~Yby the City of Meridian as a city water well, - .and Lot 1, Block 4 until such time as the City of Meridian has developed said Lot 1 as a fire station. ~ • ° . ` ~~- 4.3 Side"walk Median- Strio.°' ~~The` subdivision- has been' designed Rwith ° .sidewalks set back from'the-street curbs by a,landscapng median approximately .four= " feet in width. Although the front lot lines are- approximately two feet into the sidewalk, maintenance and landscaping of the median'strip in front of each owner's lot.shall be the responsibility of the lot owner. Although theyAssociation shall not be responsible for maintaining the median strip, it shall have the authority to do so in the , event•a lot owner(s) fails to do so. Should it.:be necessary for the Association to maintain or landscape any portion of the median strip, the Association shall levy a ' limited assessment against the responsible owner for the costs of maintenance and _, landscape in accordance with Article 6.1(d1.- `~~ ., ~, ~ _- 4.4 Mara, eq ment. The Association may'employ"the services of a manager and other personnel to carry out the management ~of the Association's maintenance - responsibilities.. ~;.` 4.5 Heavv Maintenance of Drainage. Lots. Heavy maintenance consists of periodically inspecting the Drainage Lots #o insured they are- functioning properly; cleaning out the piping and mucking out the Drainage Lots whenthe sediment level ~. ~z ° s - ' DECLARATION OF COVENANTS, . CONDITIONS AND RESTRICTIONS - 5 4 ~, .. R .~: «~ .. ~ .~ yk E i ; ~ ~~ - ti ~. . ~ ; .exceeds the designated storage level. All other maintenance shall be referred to herein as "light maintenance." Ada County Highway District (ACHD-- has opted to perform u this ,*heavy maintenance and shall be allowed, by .the Homeowners :Association, to ~. ~ perform this maintenance, work. In the event ACRD shall decide not to , do such "heavy maintenance",then the Association shall; do it. .~ ~ . ;~ 4:6Easement to ACRD"for Heavy Maintenance. Each drainage lot shall-have = an access road along one side of it to support a HS-20 truck loading. Such access road shall be accessible from the adjacent subdivision street, extend along an entire side of such drainage lot and° be at feast twelve (12) feet wide. ACRD is. hereby granted an easement along one side of each drainage lot'for the purpose of access to perform this heavy maintenance. An easement is granted across each entire drainage y lot as needed- for .maintenance of the retention ponds by ACHD,~and no `landscaping' or other obstruction shall- be placed on the' Drainage -Lots in a manner that would :- interfere with the heavy maintenance: In the event that it is necessary to replace any improvements,to"the Drainage Lots such as fences;_trees and/or sod, the removal of -which has been necessary to perform maintenance, such replacement shall,be the responsibility of the~_Homeowners Association.. fi- 4.7 Light Maintenance of Drainaae Lots. The Association shall perform all,: "light maintenance" of the Drainage.Lots pursuant to that certain Manual for Light 'Maintenance, theoriginal of which shall be kept on file with the Homeowners *``.Association~with copies made available "to any interested. party upon request. ,Said ,Manual for Light Maintenance is incorporated herein by this reference. :{, ~ ~, ~ - . u ARTICLE 5:~ PROPERTY:RIGHTS 5.1 ~~ Owners' Rights of~Enjoyment. Every Owner shall have,a right in and to, ' the Common Areas arid Common Facilities, subject °to such reasonable .,rules and regulation covering the~use and_ access to such areas`and facilities as may be~adopted, `by the Association. ~~ ~~ ~ ~ 5.2 Dedication. The Association shall have the right to dedicate or transfer _ _ `all or'any part,of the Common Area or Common Facilities to any public agency, authority, or utility.for such purposes and subject to such conditions as'may be agreed' '" ~ ~ ~'~ to ~by~ the members of the Association. No such dedication or transfer shall be r effective unless an instrument agreeing to such dedication or transfer has been approved 'by two-thirds of the members of the Association. ,,. ,~ - ~ : ~~ X5.3 °Improvements. The Association shall have the right, in accordance with ' its Articles-and Bylaws, to borrow money for the purpose of maintaining and improving. ,~ the Common Area and Common Facilities and in support thereof =to_mortgage`said a ` 4 . „ € .._ -DECLARATION OF COVENANTS,- ~' ~ CONDITIONS AND RESTRICTIONS - 6 ~ ' .~ .. .. 2 - ~ ~ 1 ~t rr f. s. e t s •5 . . 1 ., •h .R a t ~' ~ _.~ r ~~ x ~ .. a. ~, _ - y, a .. ~. ~~- ~ i- ,~ .~ property; provided the rights of such morfgagee-shall at all times be subordinate to the rights of the Owners under this declaration:, ,W i " ,.~ ARTICLE 6: ASSESSMENTS a; ~~.- .. ..~ • , b'a ~ 6.1 Creation of Lien and Personal Obligation'of Assessments. `" Each Owner; by acceptance of the deed therefore (whether or not it~shall be so expressed in such deed) is deemed to covenant and agree to pay: ` ,.. ~ f = _ _ ~ '~ ~° ` (a) To the Association, regular annual ~ or other regular periodic ~~ ` ~ assessments or charges ("Regular Assessments"); „4 ~~ (b) ~ To the Association, Special Assessments for capital improvements, such Special Assessments to be fixed, established and collected from time to time as hereinafter provided; '~ ''~ ua .~ (c) To-the Association and/or the Nampa Meridian Irrigation District, x Irrigation °Assessments. It is contemplated that the Nampa, and `Meridian Irrigation District shall provide pressurized irrigation water services to all lots. In' addition to any ` assessments made by the Nampa and IVleridian`Irrigation District for~irrigation water, Ovvriers~shall be required to;:pay an additional assessment to the Association, or in the event the pressurized irrigation system is conveyed to Nampa and -Meridian Irrigation ' ~ District, then~to the District,,an additional assessment underoldaho Code §43-330(f), ` , ` ~ for the operation, maintenance and repair of the pressurized .irrigation water system. `Each Owner, is prohibited from making-any cross-connection or`tie-ir between the ' irrigation `water system and ~ the domestic water system. , WATER FROM THE . IRRIGATION WATER SYSTEM .,IS' NOT DRINKABLE; EACH OWNER SHALL BE ` RESPONSIBLE TO'INSURE THAT IRRIGATION WATER WITHIN THE BOUNDARIES OF THE OWNER'S,LOT IS NOT CONSUMED;BY ANY PERSON OR USED FOR'CULINARY. PURPOSES;`and ~ ~ ~ t - . . ~' (d) In addition to the Regular and Special Assessments, the Association shall have the powerto levy. a Limited Assessmenf,against Owners and Lots for maintenance and repair of any Lot°or any improvement on a .Lot, if such maintenance and "repair is necessary to preserve the quality of the Subdivision; and/or to correct a violation,of"the Declaration or any amendment thereto or the ACC Rules. No such Limited Assessment- shall be levied until (a) the Board or ACC has given ,: - written`notice to the"Owner of-'the maintenance~or violation'cure~required; (b) the ° Ownerhas`refused to perform the ~equired.maintenance`or correct the violation~withir~ a reasonable time; and (c) the Association has incurred expenses for maintenance or :correcting the violation. Thereupon, the`Board shall-have the power to levya Limited`° a ~# ~~ ti ,. .. F. ~. DECLARATION OF COVENANTS, ~ ~- °CONDITiONS AND RESTRICTIONS - 7 .. „,` ~ b. ~ ~ , € ~. ti ~ C ~" Assessment against the Owner to pay for the costs of such maintenance and repair or~correction of violation and any other costs or expenses, including attorney fees, arising out of or incident to such maintenance and repair of the Association. The Regular, Special, Limited and Irrigation Assessments, together with interest r thereon and costs of collection.and reasonable attorney fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is .;made. Each such assessment,. together with interest, costs of collection and reasonable attorney fees, shall also be tlie°personal obligation of the.Ovvner at the time when the assessment fell due. The right to collect and enforce payment of the . assessments is vested in ,the Association. If an Owner fails to pay an assessment within-thirty (30) days of its due date, the •Association shall prepare a written notice of assessment setting forth the type of assessment, the amount of the assessment, the amount remaining unpaid; the name of the record Owner of the Lot, `and a legal description of the lot. Such notice shall be signed by the President and Secretary of the Association, whose signatures shall be acknowledged by a notary republic, and such notice shall be recorded in the office of the Ada County Recorder. Thereupon, and upon the continuing failure ,of the Owner to pay an assessment, the lien for assessment: herein created may .be foreclosed upon as provided by law for foreclosure of a mortgage on real property and other real 'property liens. Notwithstanding anything to the contrary contained in the Declaration and any amendment thereof, no action may be brought to foreclose the lien of-any assessment until the expiration of thirty (30)~`days after written notice_of default has been deposited in the United States mail, addressed to the Owner of the Lot at the street address of the Lot or the last known address of the Owner, if otherwise shown on the books and records of the Association. ,Such notice shall q specify the amount and;due.date of the•unpaid°assessments and-the legal description: of-the Lot. 4 6.2 Purpose of Assessments. The assessments levied by the Association or the .Declarant shall. be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of Property and to carry out the objectives and responsibilities of the Association, and in particular for the improvements and maintenance of any Common Area, Common Facilities and all improvements constructed"thereon, the services and facilities devoted to this purpose and related to the use and enjoyment of the Common -Area and Common Facilities, and including without being. limited thereto, the payment of taxes and insurance on all or any part of said property. 6.3 Assessment- Limitations. Until January 1 of the year immediately following the- conveyance of the first dwelling Lot to any Owner, the maximum Regular Assessmert shall not exceed S240.00 for each Lot subject thereto. Thereafter, the maximum.Regular Assessment per lot may be increased each year not-more than five Apercent (5%) above the maximum assessment for the previous year without a vote of the membership. In order to increase-the assessment by more than 5°k for any given d, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 8' j • year, there must be a vote of two-thirds of the members affirming any such increase at, a meeting duly called for this purpose. The Board of Directors of the Association may fix the Regular Assessment at any amount equal to or less than the maximum. 6.4 Initial Regular Assessments. Initial Regular Assessments shall commence as to each Lot upon the closing of the first sale of such Lot from the Declarant, or as to the remaining Lots owned-by Declarant, when such Lots are no longer offered. for sale to the general public. At each such closing, the Owner thereof shall pay the sum of 5100.00 and such portion of the greater of either an additional 5100.00 or any existing Regular Assessment set by the Declarant or the Association pro rated for the remainder of the calendar year. The initial S 100.00 shall be paid to the Declarant to reimburse the Declarant for Association fees incurred by the Declarant prior to the assumption by the Association of the Association's duties and obligations with the pro rata portion of the initial Regular Assessment paid to the Association.if the Association has conducted its first annual meeting, elected a board of directors, established a Regular Assessment, and assumed the obligations and expenses of the Association; otherwise, to the Declarant. Until the Association has conducted its first meeting, the Declarant shall have the full "power and authority to exercise all of the rights, duties and functions of the: Association: The Declarant shall have the exclusive use of assessments for the purpose: of discharging the duties and obligations of the Association in accordance with this Declaration. The Association shall, upon its first meeting, initiate assessments in accordance with this Article 5, without regard to or an accounting of the initial deposits or other assessments previously paid to the "Declarant. 6.5 Assessment Due Date. The -due date for Regular Assessment shall -be March 1, unless some other due date(s) is established by the board. Each assessment shall:be,delinquent~if not paid within fifteen days after the due`date set forth in any notice of assessment. 6.6 Interest and Penalties. Any Regular, Special, Limited or Irrigation Assessments levied on Lots if not paid when-due, shall bear interest at an annual rate as:'shall be set by the board from time to time, or if none is so set, at an annual rate of 12°k Such interest shall commence on the date the assessment becomes due and payable. In addition to the interest charged, the board may, in accordance with Rules and Regulations promulgated by it impose- additional fines or charges for the failure of an Owner to timely pay any assessment when due. The right of the board to charge interest or impose additional fines or charges shall be in addition to, and not in lieu of; any other right of enforcement or sanction available to the board in the event of non payment, ofa"an assessment. 6.7 Billing for Annual Assessment. The Regular Assessment may be billed on a monthly basis, 1 /12th per month, or on a quarterly basis, 1 /4th per quarter, in 'advance. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -' 9 7 ., i ~1 "~ a a - i ~ ... n ~ 6.8 SoecialT Assessments. Yln addition to the Regular" Assessments, the Association may levy in-any assessmentyear, a Special Assessment applicable to that ` year only, for the purpose of x defraying, in whole: or in part, the cost of any constructionor reconstruction, unexpected repair orrepla`cement°of a described capital improvement upon the Common Area and Common Facilities including~tFie necessary fixtures and. personal: property related thereto, provided the assent of atwo-thirds , majority of the votes represented by those "members who'are voting in person or by proxy at the meeting duly called for this- purpose is obtained. ~ ~ ,F - u ~ .. a 6.9 Notice and Quorum for' Sciecial Assessment. Written notice of any meeting called for the purpose of making a Special assessment shall be sent to all Association members not less than twenty (20) days in~ advance of such meeting. Such notice shall specifically indicate that a Special assessment is to be considered at such meeting. A quorum of not less than a .one-third majority of the members `' entitled towote shall tie. required at such meeting whether in person or by proxy. _6.1 !) Unifor"m Rate of .Assessment. =Special Assessments must be'.fixed in an ~, equal ,amount for each Lot. All Special Assessments .,shall equally apply to all Lots, ~, and no special rate or reduction in assessment rate shall be'allowed because any Lot is unimproved or does not have a Dwelling Unit thereon.'' r . x ~ a6.1~1 Effective Nonpayment of Assessments• 'Remedies of the Association. , >~ Any assessment.not paid within thirty 1301 days after,the due date shall bear interest F _ ~ from the due date at the"rate of,twelve,percent`~(12%) per annum. The Association may, bringR,an action against the 40wner personally obligated to ~ pay the same, or, foreclose the lien against the Lot or Lofs, of the Owner. ~~ E - x , ,.. _ .. ~. s x t 6.12 Subordination to the Lien of Mortgage. The lien of assessments provided: for herein shall be subordinate- to the lien of any First Mortgage. Sale or transfer of `` - ~ any Lot 'shall ~ not affect the assessment. lien, but the sale or transfer of any Lot pursuant to a Mortgage foreclosure, if the Mortgage is hetd'by any person other than Ra prior.Owner of the Lot, shall extinguish the`lien;of such assessments as to payments • . ~~ which have-.become due prior to such sale ortrarisfer. ` - ,R n .. },. x f . 6.13 Enforcement of.Common-Area Maintenance. $Notwithstand~ing that the , Association.. isx obligated to maintain the Common Areas' and Common Facilities contained therein as' defined herein and-.within the Articles of Incorporation of the Association; it',is hereby provided that Meridian"City and/or the Ada County Highway ` District ("ACRD") and/or the Nampa Meridian Irrigation District (NMID) may elect to maintain any part or facility of the Common Areas defined herein should the M Association'or the Declarant fail to maintain the same. 1n the event that Meridian City ` -- ~. r and/or ACHD.determines, in its sole discretion, that the Association is not adequately `maintaining they"defined~Commonf Areas or Common facilities, Meridian City, ACHD ~ , .. 1. h ~ .y „ ~., na ~ . [_ DECLARATION OF COVENANTS, CONDITIONS_AND RESTRICTIONS - 10 n . ~~ ~ , ,,~~ m ~ _ ~ ~ .. v ~_ .. r ~., :., . __ .,. x -. f .K i ., 4 z ,.,,. ~- a. ~ - - t. ~~ y R and/or NMID shall, before undertaking` mari'ntenance,of said Common Areas, provide written notice of its ;and/or their intention to begin ma,infenance of the defined. :Common Areas or Common Facilities within a thirty (30) day period, within which time - frame the Association may undertake to initiate and conclude all maintenance defects , as identified by~Merid'ian City, ACRD and/or NMID. In the event that~the Association .shall fail to commence and conclude maintenance of the defined Common. Areas or Common Facilities. Meridian + City, ACRD and/or NMID are herebygranted an' z irrevocable license and easement to enter upon any portion of the Common.. Areas to ' perform inspection and maintenance. Should Meridian City, ACRD and/or NMID engage in maintenance of the defined Common Areas° or YCommon Facilities after > having provided. notice to the Association and having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance; the Meridian City, ACRD and/or NMID' shall tie _ entitled to and 4 ' ~.. empowered`to file a ratable lien against all Lots within Thousand Springs Subdivision with power of sale as to each .and every Lot to secure payment of any and all ' .> assessments levied against any and all Lots in Thousand Springs Subdivision pursuant to this Declaration, together with interest at the,rate which accrues on judgments and - all costs'of collection which .may be paid or incurred by-Meridian City, dCHD and/or - NMID in connection therewith. Meridia"n City, ACHD and/or NMID may exercise their rights under Idaho Code by assessing the Lot Owvners and- certifying. those ' assessments in the same manner `as reap property tax. This section shall not be amended~without prior written approval-from Meridian-City, ACRD and/or NMIDs4' The ".Association shall not be dissolved or ..relieved of its responsibility to maintain the p~defined Common Areas and Common Facilities contained therein without ,the prior written approval from Meridian "City,~ACHD and/or NMID. The Association and aIf Lots Owners, by accepting title to a Lot, agree that alt Lot Owners within Thousand Springs ~° Subdivision are ~benefittedproperly Owners for.purposes-of this section. e ARTICLE 7: PROPERTY•USE RESTRICTIONS ~. . -° ` _ti~ 7.1 The following restrictions shall be applicable to Subject Property and shall be for the benefit of and limitation -upon all present and future Owners of Lots, or any_ ~' _ 'interest therein,~and the Association, which is hereby empowered, in addition to each -0wner,,to,enforce the same: .> ,° ` (a)~' Each Lot shall be used only for single family residential purposes, ..~ subject to the provisions as to Common Areas and Common Facilities and facilities. used in common including schools. ' -f ~ > , ` °(b) No Lot may be further'subdivided. - y,, :' ~ , ~ ': o "w „ (c1 No: animals, livestock, birds, insect or poultry of any kind- shah be raised, bred, or kept on any Lot; except that no more than two (2) domesticated dogs r ~ ~, DECLARATION OF COVENANTS, > ,. `+ ~ - ~ CONDITIONS AND~RESTRICTIONS - 11 ,, ~ , ~~ h ` F. e~ ~, ~ ~ - ~ ~ R , ~ e ~ µ ` ~. ' v~ . „ .. G . " ,r ' 3 ,~. - ~ Wis. ~ e e fr' B" {_, ~," and/or cats or. other small yhousehold pets which° do not, unreasonably bother o~` ~ . .constitute a nuisance to others maybe kept, provided that they are not-kept, bred or. ° maintained. for any commercial purpose: Dogs 'and other similar pets shall ~be on a k leash- when not confined to an Owner's Lot. °3 r .. ° ~ ~ (d) All garbage, 'refuse arid animal waste .shall be properly and promptly cleaned and stored and appropriately removed from each Lot so as to . prevent unsightliness, or unnecessary or unreasonable odors. #. Y (e) No equipment, motor homes,'trailers, boats, camper, recreational ° J ~`` vehicles, ~and~,other,mobile equipment, arailers, implements, and vehicles (excluding automobiles) of all kinds or nature shall be parked or stored on any Lot, unless such, ` .° items are fully °screened °or enclosed from view, or,uunless the ACC has otherwise approved the location and/or screening of said items. No commercial vehicle, trucks with a capacity in excess of one. (1) ton, shall be parked or stored upon any Lot or - !street, whether public or~private, within the subdivision. No inoperable vehicles. shall be parked~or stored in any public or private street, and,all "such vehicles shall be parked or concealed in the rear of the Lot, behind the rear line of any'Dwelling Unit. ;- ,. (f)° No~ truck, truck camper, tent, garage, barn, shack or other ` outbuilding or vehicle shall~at any time be; used as ar residence o~ living place on any -.part of subject property. ,, ~ m (g) No noxious, offensive. or unsightly conditions shall be' permitted upon any part of any Lot, nor shall anything be done thereon which may be or become an annoyance or a nuisance to the neighborhood. (h) ~ Any lease. allowing occupancy or residence in any Dwelling Unit, ~ , or use of any portion, of3 any Lot.-within Subject Property, shall be subject in all .~ respects to this Declaration. ` " ~~ 7.2. The. Owners`have.been made aware that the subject property has been ° ° • developed in an agricultural community and that there will continue to be agricultural - uses of some of the surrounding .properties. The agricultural uses of the.surrounding `' properties, including the use of agricultural machinery,~buming and chemical weed ° control and fertilization, and: the raising of livestock, °although restricted from the. - subject property are not necessarily restricted° from neighboring properties. This :provision specifically puts,the Owners on notice of such potential conditions.e r 3 "'°~ARTICLE 8. BUILDING RESTRICTIONS- a ~ _ 81 Mobile Homes. No mobile home,- prefabricated fiome, trailer, modular '` ~ home, or other pre-built or.,premanufactured home shall be allowed on .any Lot., k ` ~ DECLARATION~OF COVENANTS, r- §i ,CONDITIONS AND RESTRICTIONS - 12' - :~ . -. ~~ ~- ~, ., ,. - - - - £ ~ d ~ t ~ ~ . ~ ,y 4 r r ~~ • r * a • ~ N ~ . e .k .. ~ .. ~ r ~ "' ~! , a ~ , I ~ Y •8.2' Set`"Backs. The front tot line for Beach lot is located' approximately two ~u ~ ,:, - ;~ .feet-into the side .walk, and although'`the current Meridian City zoning ordinance for ' *® this current subdivision ,permits a twenty foot front yard set back, it is a specific` requirement of the City of'Meridian and a specific building restriction herein that all° dwelling units be set back twenty feet.-from the back (lot side) of the sidewalk. This set back is depicted on"the front yard set back schematic attached as a^n exhibit to this,'document. • - ~, ,. 8.3 ~ Dwelling Unit Size. No Dwelling, Unit shall be constructed or placed on any Lot containing a•total-floor area on all floors intended and suitable for use as living • w {area, not including a garage, of~less than 1,400 square feet measured from the outside . of the° exterior walls, or with a ground floors area of less than 950 square feet. In ~" computing floor area, basement space or any.floor with a finished~elevation more than three'feet below the natural contour of the surrounding area shall not be included. No ' Building shall"exceed two and one-half stories or 28 feet in height unless approved by the ACC: 'Insgranting or withholding such approval, the -ACC shall consider the adverse effect bf height on other properties within the subdivision and such other - ' .x facts as may be reasonable. Each dwelling unit shall have an attached ,or detached ~ , fully `enclosed garage adequate for a minimum of two (2) standard size automobiles.. - No carport shall be° allowed. k , ~ tr x 8.4 Construction of Building.. All construction workon Dwelling units shall ' be diligently;,and continuously pursued, and shall be completed within nine (9) months from the date construction. started. ~ _ ' ~ r 8.5P Outbuildin4's. Outbuildings, sreparate garages, sheds, and shelters may `` ` , 'be constructed only simultaneously with,or after a Dwelling Unit has been constructed ` a.: on the~Owner's Lot. All such buildings shall be constructed only aafter written approval A, -thereof by the- ACC: All outbuildings• shall, be construc_ ted .of similar or compatible ' exterior materials with the Dwelling Unit so as to be aesthetically compatible F:. ~ therewith. ~- Y : ,, ~8:6 Fences. All Lots~shall have an enclosed•cedar-fenced backyard, however, rno~ fence or wall of any kind shall be constructed on a Lot unless `the plans and #~"` ~~: specifications tFierefore, including,the location, design, material~and color,thereof, have been approved in writing. by the,ACC`p~ior to the construction o_r installation.= All • fences and/or walls constructed on a Lot shall be in compliance with the applicable . b E ordinance of the City of. Meridian, Idaho. , 4 ~- _ _ , All fences and walls shall be subject to 'the following restrictions: `: ., . ' ~ ~ . a ~ w ~: - a ~, ,. ~. t ' , DECLARATION OF COVENANTS, ~ ~. `~ .. CONDITIONS AND RESTRICTIONS - 13 ~ ~ +` ° ~ ' ti ~~ . r E _. .`4 t ~ ~, g .. ' - :8 a €; - , ~ .- ~ a (a) No fence or wall shall,be permitted to be constructed or installed on any portion of a berm constructed- by the Declarant in Thousand n Springs Subdivision. t (b) Fences and walls shall not extend closer to any sidewalk than twenty feet (20') -nor project beyond the setback of the principal building on the Lot. No fence higher than six feet (6') shall be allowed without the-"prior written approval of the City of Meridian (if required) and the ACC. (c) All fences and walls shall be constructed. and installed and maintained in good appearance -and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing and walls shall be repaired or replaced- to original design, materials and color within a reasonable time after said damage occurs. ` (d) No fence or wall shall interfere with the use and enjoyment of any easement reserved in this Declaration of Covenarits, Conditions and Restrictions or shown on the recorded subdivision plat of the property. (e) No fence, wall, hedge, high planting, obstruction or barrier shall be allowed which. would unreasoriably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitute an undesirable, noxious or nuisance effect upon neighboringLots. (f) All fences constructedVor to be constructed on common Lot lines shall be constructed and maintained at the equal expense'of the Owners of the two Lots on which they are located: 8.7 Landscaainq. The following provisions shall govern the landscaping of Lots within Thousand Springs Subdivision: ` '(a) The Owner shall prepare a landscape plan and shall submit the same to the ACC. The ACC shall approve said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a Lot° shall be in accordance with.the approved plan. } ~ (b) All required landscaping on a L'ot shall be installed within thirty (30) days -after substantial completion of the Building on the Lot, with a reasonable • _~ extension allowed for weather. . (c) The initial landscaping shall include; as a minimum, sod in the~front, and side yards, sod or grass seeded in the rear yards,°two=(21 coniferous trees of at - least 8' in height, five.(5) ten gallon plants, fifteen (15) five gallon plants and fifteen. (15) two gallon shrubs in the. front yard. The use of berms and sculptured planting areas are not encouraged. . DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 14 .. • • (d) The four foot wide landscape area between°sidewalk and curb of each L'ot shall be landscaped by the Lot Owner with sod- and Newport Plum trees of 3" caliper or greater. There shall be one such tree for each 40 lineal,feet of Lotstreet~ frontage, including driveway cuts. Each such tree shall have a minimum three-foot six-inch diameter ring at its. base without sod, planted with 18 mature marigolds and 36 mature fuschia petunias (or such onther single or two color combination as determined by the ACC), delineated from the sod with edging material, and covered with suitable mulching material °such as wood chips, soil aid or the like in order to maintain a weed free flower bed in the tree ring. Maintenance of this landscaped strip shall _be the responsibility of the individual lot Owners unless it is assumed by the Homeowner's Association. ARTICLE 9: ARCHITECTURAL CONTROL 9.1 Ian No Dwelling, Unit, building, fence, wall or other structure or substantial landscaping or screening planting shall be undertaken, erected or °maintained upon any Lot, nor shall any exterior addition to~ or change or alteration therein be made until plans and specifications showing the nature, kind, shape,. height, materials and location of the same shall have been submitted to and approved in writing by the ACC. 9.2 Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to-the end that all such Buildings will present a unified and coordinated appearance: All exterior finishes and/orcolors shall be earthtone, including. subtle blue and gray tones, as approved in writing by the ACC. Each house shall include some brick, stone stucco or other°distinctive design features~on the front exposure. No gravel roofs shall be permitted. Roofs.shall.be a minimum of 5/12 pitch with either cedar shakes or Pabco Laminated Series 25 year (or betterl`dimensional asphalt shingles, weathered wood, antique black or driftwood color, or such other dimensional- asphalt shingles as is determined.. by ACC. 9.3 Vehicles. The use of all vehicles, including but not .limited to, automobiles, trucks, bicycles and .motorcycles shall be subject to ACC rules, ..which may prohibit or limit the use thereof within Thousand Springs Subdivision, provide parking regulations and other rules regulating the same. 9.4 Exterior Energy Devices. All energy production devices including, but not ,.limited to, generators of .any kind and solar energy devices, shall not be constructed orsmaintained on any Lot without the prior written approval of the ACC, except for heat pumps or similar appliances shown on the plans approved by the ACC. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 15 ~, ,...~. ,.. . .. t` # t• _.3A ... • o . ~.. $ 3 f. ~ ~9.5 Mailboxes. No free-standing mailboxes shall be constructed or installed on any~FLot~ without the prior written approval of the- plans approved by the A`CC. a _ ~. °-~ ~ ~ .a.. .:.: .y ' 9.6 i n No,commercial billboard or advertisingshall be displayed 'to°the public view on or from any Lot. Owners may advertise a dwelling unit and Lot for rent or for sale, by displaying=a single, ,neat,~~easonable sized vacancy sign or "For Sale" ~``y ,_~. ~"'~` sign thereon: Signs advertising the name of the builder and the name of the institution providing financing: therefore may be displayed on a Lot during construction of the Improvements. Lighted,.°moving or flashing signs for any purposes are prohibited.... Directional signs-may be~used to give directors to traffic or pedestrians or give special instructions.... Any directional or identification sign in Thousand Springs Subdivision shal+ly be permitted, provided ttie~same is~approved~by the:~ACCprior~to installation° a r..: i .Y »i p "h » ~ # * `~;.. ~ L. kJ~ ea~,~ ». ~°iYM ~7 ~.a t sal: ~~.. ` ~ , ~` aye= 97..~ p-doofion of ACC Rules/ACC~Standards:_The.Declarant, or in~thenevent of the,Declarant's failure to do so, the Board, shall have the power to promulgate ACC -Rules/ACC Standards relating to the planning, construction, alteration, modification, removal`'orde`struction.of Improvements~withinothe'.Property deemed °necessary or desirable`"~-by'~ the~Decla~ant, o`r the. ACC; ~consistent~.with; the -:provisions eof this Declaration: ° a ~ ~ ~ ,.4, ~ ~~ ~ RY~ ; ~- ,_ ~. ~~ ~r~. Tx _ ~ '$ r 9.8 Certification by Secretary. The secretary of the Association shall, upon vvritteri request„certify that~improvements upon`any lot comply:vvith'ahis Declaration and`jt~"ave been duly approved"by~ the`'ACC, or'inrthe~`event`said mbuilding or~other improvements do`not so comply,. specifying` the extent: of~°noncompliance:. ~y y ~. a 9.9 Interuretation and Enforcement. The ACC shall have the authority to interpref and :enforce.~any or all-restrictions and. covenants of these Declaration~of Co~r'enants; Conditions and:Restrictons. Tiie ACC',°shall,have~tfie°authority topursue 'wliatever.action~or litigation required to cause any Owner toyremove and replaceeany ... ?elementttat ACC interprets as deficient or outside of;the standards~established by.this ~Section~9`of this rDeclaration of Covenants, Conditions and Restrictions. Thisxrighttl;of enforcement can include°the ACC hiring-.any or all~of such work to be done and encumbering the Lot on which said work takes place for the full amount of the cost of said work plus any other costs ACC~may'incur in,such enforcement. ~:~~~ :, . ` .. ARTfCLE 10: ARCHITECTURAL CONTROL COMMITTEE:t " ~ ,~,~ ,, a °-10:1 ' ~JVlerribers of the Committee. The'Architectural°Control Corrimittee.shall `be~comp'rised of at least three (3) persons, all ~of whom shall be appointed as herein provided: A member of the ACC shall -hold office until he has resigned or has been removed; but iri any: event, .until.'~saidP member's: successor~hasx been appointed. Membe~s`of-the ACC maybe removed'~at any time'~with orswithout cause." ~-.-,~, ~~ { DECLARATION OF COVENANTS, ~ ,~.,r_, ~6 ~~ .. *~. .~ .<.= i•~~ ~ ., ~ ~ 'CONDITIONS~AND,'RESTRICTIONS'- 16 tm ~ ~'` ' ` ''sX k .,: .~~.~~...~~~~r it" X _z ,. 5 r i. i c =!`°s a, v~4 i ,~' l.~ .~ k ~~ a [~e. Y ~ .4! s .. ~ ®# aii-omerTmatenarto-oe-suominea-as°nerearterprovraea. ~ ~ ~ ~ ..., o _ . . - DECLARATION OF COVENANTS, ~? CONDITIONS AND RESTRICTIONS - 17 ~ z r - ,. ~~. Y ' .. . ~ ~- A;. a ~ i .a ~° 10.2 Aooointrment. So long asthe-Declarant owns any lot or parcel within the " Property, the Declarant shall have the sole right to appoint and remove all members of the ACC. Thereafter,"atl members of-the ACC shall be appointed or removed by the Board. . R "lu i ntin wri in unanimous) ado ted The ACC shall .have the nght by a reso t o t g , „ y p , ` , to designate one t1) of its members~to take any action or perform-any duties for and `°on behalf of the ACC. ~In the absence of such designation, _the vote of any two r{2) members ~of the ACC shall constitute an act~of the .ACC. a~ _: ER 10.3 ~g_oroval Required.;Noconstruction,--alteration, modification, removal or destruction of any Improvements of any nature whatsoever, fwhether real or personal,. in nature, shall be initiated or be permitted to continue or exist within Thousand . Springs Subdivision without the prior express written approval of the ACC. ~: r: ~~ . " 10.4 Variances~° aThe, ACC may authorize va~iances'~ from compliance with f ~. ` requirements of any conditions and restrictions contained in this Declaration, the ACC RuleslACC Standards; or' any .prior approval when, in'°the sole discretion of the ACC, :..circumstances such as topography, natural obst`ructions,_aesthetics or environmental ' considerations or hardship may xso~ require'. Such variance must be evidenced in " writing signed by at°least two (2) members of the °ACC. ~. .,, F If a"variance~is granted as provided herein, no violation of this Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to~have occurred with .respect , ~_ °'to the matter for which the variance was granted. The granting of.such a variance `4 shall not operate to waive any of the terms and provisions~of-this Declaration or the -ACC RuleslACC- Standards for any purpose except as to the particular subject matter M of the variance- thereof and the specific Lot covered thereby.. °~.. The ACC -shall have the right to consider and grant a variance as herein ., provided Yeither~ with or without notice to other Owners or~'a hearing of Owners thereon: a, The granting of a variance by the ACC pursuant to this Section shall not relieve `~ ~ c ~ the Owner from the obligation to fully comply. with applicable ordinances of the City ~~~ Qf Meridian, Idaho. v ;: - '' e,. 1.0.5 Application. To request ACC approval for the construction, alteration,4 modification, removal'or demolition of any improvements within the property, the ~~ ~ Owner shall submit a written applicationin a form required by the -ACG which must be signed by the Owner and contain all information requested and be accompanied by ~`~` ~ alhotherrmaterial to be submitted as°hereafter provided. ~F ' ~ ~:. ,~, , • DECLARATION OF COVENANTS, - r~ ,. COND{TIONS.AND RESTRICTIONS - 17 ~ ~' r 9 .~ ~,~~ a ; ~ ~ ~' ~ _ ~ ~ ~ ~ _, .~ 5 s .a _l~ .. .- ., ... ~ ., r. e _ .. M .. ° ~~ r ~ ro _ v k, a ~ x r r '~. ~'=~ All applications must contain; or have submitted therewith, the,_ following '' _~ material (collectively called "Plans-and Specifications") prepared in accordance with ~~, acceptable architectural standards and °submitted with the application form, if:"any, " approved by the ACC: (a) ~- i Pf A site plan showing the location of the Building(s) and ,; 4 . all other structure and improvements including fences and walls on the Lot, Lot drainage .and all set backs, curb' cuts, driveways, parking areas and other pertinent information relating to the improvements. • - ~ ~(b) Building Plan. A building plan which shall consist of preliminary ~ ' - 'or final blueprints', elevation drawings of the north, south, east and west sides, and detailed exterior specifications which shaft include,. by sample if requited by the ACC, ' ° all exterior colors, materials and finishes, including roof, to be used. ' °~` - ~. `~ ~ _ rv (cj Landscape~Pla'n.~ A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants', 'ground • cover, shrubs, berming and mounding, grading, drainage, sprinkler system, fences, . ~° freestanding exterior lights, driveways, parking areas and walkways. ` The ACC may, in its discretion,'require the Owner to`furnish additional materials t,, ~~ . ~ and the materials submitted therewith and in reaching a decision thereon, the ACC` ,, shall use ,its best efforts and judgment to°assure that all improvements shall produce ° and contribute°to an orderly and aesthetically complementary design and appearance and be of the quality required to maintain Thousand Springs Subdivisionas a quality ° ~ residential development. • The ACC` shall promptly review and approve. or rydisapprove in writing all submitted plans, and if plans have not been disapproved within thirty (30) days after a they have been submitted in writing to the president of the Association`or any member of`the°ACC, such plans shall be deemed approved. .z - k. ~ . ARTICLE 11: ANNEXATION =~ - . -> ,. ~. s °'`;3 11.1 Procedure. Additional land contiguous to the subject property,and`owned ..~1 by the Declarant, its successoror assigns,zmay be annexed by Declarant without the - 'consent of members within twenty (20) years of the°date`of this instrument. ,Upon the earlier of~recordationAof a final plat,of such additional land,~or the certification by; - the Declarant describing additional land, that the Declarant intends to plat, such ' °Additional Property shall, for the purposes of this Agreement, be deemed Additional .,. ~ . • ~ Property. Amendment of the.Declaration to include such Additional-Property, and to . subject'such Additional Property to the rights, privileges, restrictions, covenants and: ., ~' ~ easements herein provided shall be made by the execution and recordation by - ,,..: •- - DECLARATION OF COVENANTS, ~ ' ,, CONDITIONS AND RESTRICTIONS - 18 ~° K ~ T i - ~. ~ ., .~ .. • _ ~ , .. ~ E z ~, _:..} tie. .. t~ E Declarant of a Supplemental Declaration, which shall describe the Additional Property being annexed, ~ and any supplemental or different covenants, conditions and „restrictions applicable :thereto, and any deletions or modifications~to these covenants,. condrt~ons and restrictions as the Declarant may,~deem appropriate, rand shall describe the;f"Commons"'Area and Common Facilities thereof. Upon, the recordation. of the ., n ~>.. _ ._ .~ Supplemental Declaration, the Additional Property described the~rein,.~shall~bersubject,. ~., ~ . to the:~term~and¢'provisions -of~~this.Decfaration zasahough.;included originally~,in; thisR Declaration,-arid the:; definitions, of> Property,•~Common~Area ~ and Common.., Facilities ... ~, shall automaticalily be amended to conforrin to;such~supplement or,supplements; .as,. shall alt the other definitions fierein,'iricluding the definitions of Lot and Owner. A11 .Owners of tots located within the:expanded Project shall be~_subject to all ,easements; 'restrictions and •reservatiorts set forth~iri~this Declaration andshall have,the,npriv"lieges, . _ ~ >~8.. a,,,a,s .. of use~of Common Area and,Commori~ Facilities, except as otherwise provided herein and subject to the restrictions and reservations set forth in the Declaration as amended and3-supplemented from time to time: ~;~jb 11.2 Designation ofR= Common Areas., ,,.Any Common Area,~andCommon ~.. .~ _ , ~ . v~ a Facilities designated by 1eclarant as~such~on the plat of the~newly,annexed'Additional Property or in the.SupplemerfDeclaration~or.conveyed to the Association-by~Declarant~ shall be subject,to the same:easements.and other, rights~forthe,use,and enjoymentof the~O'wners as `for the other Ownefs of lots subject to this Declaration. ',r F .ea,. ~' .. ARTICLE,.12: ~-~ WATER SYSTEMS , , ~ ,~ - ~ _ ,"~, ~ • ~~ ~. +3 ~,.. ~. ~~~z '~ ~" {a"~ °~~`}'a .. .. r'3iy§ i~F ~ it 4`tg~~~s. ~;+~ r_r9~^y^~„ `12:1 Domestic Water: Each Lot shall have access to a domestic water system to be owned and operated byahe,City,of:Mendian.~"The{domestic;,water system;will.~. provide water,fo~'culinary and otherPordinary domestic~househo,ld,use and,s~not tdbe~ used to water a lawn,`pasture,~landscaped,area~,o£r~other similar,,areas;except for;Lots , vvhich do not,have access to ,the irrigation system and #or:all Lots during hose times- of year'~wtien"water is not being supplied~by the irrigation system. Water from the domestic water system for irrigation purposes will be subject to rues of the City of Meridian and, in any event, is subject~to availability.-~Waterrfrom the domestic water;-, ~r .~. system shall riot be'used--for any swimming pool ordto -supply. anyexterior, decorative, pond, or~any.,fothe~t similar use or %system without the; prior written approval .of each such use, bythe .Cityaof Meridian. ~*The Association$~may~electato receive~vvater~foc~. ir~igation'of~the;,Common,Area~from>theCity,of,~Meridian when water is not being supplied' by the irrigation system, whicli~~use sha{I be paid by the Association from its assessments. -~ Any *O4wner'sr use ~of~water frTom~the~ domestic water},systems°shall constitutean agreementao pay~th~ezcharges~therefore~by~~the~~City,ofMeridian ar,~ i= _ , °t` S F. '. ~ is ;.: ~ "~ 43" ~ s ~? ~~ ~,`~'~ ..Y :~ "" , .'t ~`• ~ a '~c~ !t `:~'"'~' ~.~- "~r x ~'``~ ~R~ +.``'B 12:2 Irngation~System. All Lots,to~which delivery of irrigat~on~water is,feasible :. _t~.. . in the D`ecla~ant's d~sc~etion, including the Common:Areas; sha{I have,~access -to a` pressuriz""ed$ irngation; water system ~(~irr~gation, system)~to,~;be#:constructed~{by*~. ~~~. DECLARATION OF COVENANTS, COND1T10NS"AND,RESTRICTIONS%.-`K19 S~ ~~'"' 'tom .tY_ ~ '~ :fie--~~ '-~ ,,~~ °'~~°~~ '• -- ,' ~"`_• •.. Y.._,~ +8'~i -::"'.i3' . ~~~ t~`~"{a . ~ ;~"~','33.~;31~ ,~'"~?; :_ ~d< *'"°cw~.•:~~4~ .},`.~ ~ ~`~l~a' r. ~`t~~`~ : ,~. .- ,, t ,~~t i ,i.` 't ;, .yn r. i Declarant and owned vand~ operated., by ahe Association or the Nampa-Meridian Irrigation District for the benefit of the Declarant, the Association, and Lot Owners. Owners of Lots to which the system. has been extended shall be required to pay the assessment therefore regardless of actual use or nonuse of water from'the irrigation system. Use of the irrigation system shall be subject to such rules and regulations of the Association or the Nampa-Meridian Irrigation District and.the right to receive water therefrom is, in ariy event, subject to availability for Lots and for the Common Area. Water from the irrigation system is not drinkable; each Lot Owner shall be responsible to ensure that irrigation water within the boundaries of his Lot is not consumed~by any w person or, used for culinary purposes. ARTICLE 13: S,ENERAL PROVISION. 13.1 Enforcement. The Association, any~Owner, or any First mortgagee shall have the right to enforce, by proceedings of law or in equity, the terms and provisions of this Declaration. Failure by the Association or any Owner to enforce any covenant or restriction contained: herein shall in no event.be deemed a waiver of the right to do so thereafter. 13.2 SeverabilitX. Invalidation of -any one- of these covenants or restrictions :shall in no way affect other provisions which shall remain in full force or effect. 13.3 Term. This Declaration shall run with the land and shall inure to the F benefit of and be enforceable by the Association, the Owner of any Lot, and any First Mortgagee as provided herein, and their respective legal representatives, heirs, successors, grantees,-and assigns, fora term of forty {40) Years from the date of this Declaration. 13.4 Amendments. Except as otherwise provided herein, any,of the covenants and restrictions of this Declaration, except the easements herein granted for utilities and water distribution facilities, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds (66-2/3) of the votes of the membership. Any amendment must be recorded. 13.5 Conveyance of Common Area. The Common Area and Common Facilities in each phase of development of the Project may be conveyed to the Association by Declarant, free-and clear of all encumbrances, prior to the first mortgage in that phase being. insured by HUD. Until conveyed, Declarant shall be solely responsible for the maintenance acid ..management of Common Area and Common Facilities, .and for all costs and.: expenses associated therewith not covered by the assessments provided. for herein. , 13.6 FHA/VA Approval: As long as there is a Class B membership, the following actions may require the prior approval of the.Federal Housing Administration or the Veterans Administration; annexation of additional real property to the Project, DECLARATION OF COVENANTS,. CONDITIONS AND RESTRICTIONS - 20 ... U N ~ ~ .. mergers and consolidations, mortgaging. or dedication of Common Area, dissolution of amendment of the Articles of Incorporation or Bylaws of the Association, and amendment of this Declaration. 13.7 Contracts or Agreements. The Board of Directors may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of the VA, FHA, the FHLMC, the FNMA or the GNMA or any similar .entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entities of first mortgages encumbering building Lots in the Project with dwelling structures thereon. IN WITNESS WHEREOF, the Declarant has set his hand and seal as of the date and year first above written. FARWEST, L.L.C. MARTY GOLDSMITH, Member 4 ~ a ~ , ~ . STATE OF IDAHO ) ss. County of Ada ) On this day of 1998, before me, the undersigned, a Notary Public in and for said State, personally appeared Marty Goldsmith, known and identified to me to be a Member of the limited liability company that executed the instrument orthe-person who executed the instrument on behalf of said limited liability.company, and acknowledged tome that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEALI DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS - 21 Notary Public for Idaho Residing at ,Idaho Commission expires: ~. MAYOR Robert D. Corrie CITY COUNCIL MEMBERS v HUB OF TREASURE VALLEY A Good Place to Live 33 EAST IDAHO ~ A E Ron Andersont (208) 887-2211 • Fax 887=1297 Keith Bird MERIDIAN, IDAHO 83642 ti,., Tammy deWeerd (208) 888-4433 • Fax (208) 887`-g 813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 8~ -5533 • Fax 888-6854 x TRANSMITTALS TO AGENCIES'FOR COMMENTS ON;D VELOPMENT PROJECTS ~:~I ~ ~ ~~ WITH THE=CITY OF MERIDIAN ~" To insure that your com a is and recommendation will be considered by the Mec~dia ~ qty Council, please submit your comments and recommendations to Meridian Ci k1~Il~'~ Y I `+i Attn: Will Berg, City Clerk,~by: April 14, 200,,0~~ ~`~' ~ '~ Transmittal Date: March 24,,2000:, Hearing Date: April 18, 20b0 ~ ~' File No.: FP ,Q©-004 ~ ~ ~``~~'", ~' .~ ~~r~' Request: FinahPlat A .an R-4~arid By:~ ~ ~~MicNeiange CITY OF MERIDIAN PUBLIC WORKS BUILDIN DEP RTM NT royal of 12.801 acres with 32 building lots and `5~,other lots in :one for Tarawood`Subdivision ~~ ~ ~- ~ r ., „ ~ ~ ' Location of~roperty oar JP~ jec~i,,~ . ~,~!~., w:," ;~ ,.,~ a Sally Nom on; P/Z `Kent Brown, P/Z ~,Th'om~Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C` ~•`q Cherie McCandless, C/C Water Department Sewer Department ,• ~, LLC /Frank Stopell~ on of the N 112 of sw 1 0 . i~ 20, T3N, R1 E .~ ..,,~,,~ ~, Meridian School District 'C~-, ~ eridian Post Office (FP/PP) ~.t,, _<. `'~, .,Ada County Highway District ~~Community Planning Assoc. ` ~, ""`~ Central District Health Nampa Meridian Irrig. District `'"" Settlers Irri ation District ,~~r ' Idaho Pow~~~Co~(FP/PP) ~~ _./`~ U.S. West (FOP/PP,)~__,__` ]n (FP/PP) Department Sarnta'~ry~Servlce ~ Building Department •~ vur! Fire Department ~ '`~ Police Department Gen-26 PPlFP/PFP-31~iAZ~27 ' City Attorney '~`~,,, City'Ehgin ~` City' Planner Remarks: ~~~ LEGAL DEPARTMENT- (208) 288-2499 • Fax 288-2501