Letter by Joy Smith 8/18s~
August 18, 2012
Meridian City Council, Mayor and City Clerk,
I am writing this letter regarding interest/concerns we have about the Mulberry sub
division (Settlers Park LLC) @ N Meridian Rd/Ashby DR.
We live in Cedar Springs Sub Division. The gentlemen Howell/ Murdoch
Development Corp. were the developers of this subdivision. We were informed
the developers are the people that write the HOA guidelines. (Kevin Howell)
signature is all through our HOA guidelines. We find it very interesting how they
were written and mentioning t Lot C (Mulberry Subdivision) is zoned for (R4)
office, school or business or single family homes. Then we find out later after
signing and moving in (2006) that it was rezoned (R15). In speaking with a
number of neighbors they were never informed of the change in rezoning. And the
ones that were notified said, they didn't have a problem because it was stated they
were rezoning to build retirement type living. Or they would have disputed the
rezoning. The developer didn't attach an addendum (update) the existing HOA
guidelines (which we all have to abide by and pay for), since he was the developer
that wrote them and owned/developed each of the properties. One would think he
would have some ethics and compassion and updated the HOA guidelines. This
rezoning was done in a very deceitful manner (breach of contract). We hope that
these concerns will be taken into consideration before approving the project to go
forward. This can turn into a legal matter since the developer of Cedar Springs and
Settlers Park LLC (Mulberry Sub Division) are the same developer and he/they
have never updated the HOA guidelines( Breach of contract). Maybe all of us
homeowners that moved in after rezoning shouldn't pay HOA dues. How would
that go over? Not real good we would be punished. So should the developer for not
amending the HOA guidelines.
Medium/High density is also a major concern due to our privacy as existing
homeowners. We purchased this home due to the fact our realtor, informed us that
the lot was zoned for small businesses/commercial use and/or a school and
possible single family homes. She never made mention of any zone change nor
did/does the HOA guidelines. And our HOA guidelines mention the same thing.
The developer should have taken this into consideration when putting together the
HOA guidelines. We would have never bought here if we knew then what we
know now. If we wanted people looking down in our backyard (direct back
neighbors) we would have purchased a home accordingly (rear houses). Let alone
having 36 Multi Family Housing (Medium/High Density) by/behind us. Building
such type housing in a park shouldn't be an option. Especially when the
developer got it rezoned with assisted living/independent living in mind (which
was mentioned at p/z meeting). Or else this was his plan all along. Again the
developer went about this in a very deceitful manner. Interesting what wealth and
greed can do. Not advising all homeowners within proximity of the property. So
this zoning is not/should not be valid if it was done improperly. So therefore they
can't develop anything they want. Which was stated to us by Becky McKay,
Engineering Solutions at the last planning and zoning meeting July 19, 2012.
Again this can and may be a legal matter if the city allows this project to go
forward.
We feel it would be wise and fair to existing homeowners/taxpayers if the
developer developed something under the lines of what the land was rezoned for.
Or something along the lines of the existing neighboring interest (indoor recreation
center year round access) etc. Or maybe even build a smaller complex 20-24
instead of 36. If they insist in building such a complex. Maybe one story (low
density). Especially since the HOA guidelines were never amended accordingly.
We also feel the city should take this into consideration before allowing the project
to go forward.
As homeowners we have to pay our property taxes or there is a consequence. As
homeowners we have to abide by and pay our HOA's or there is a consequence.
We can't just snowball or be deceitful and get away with it. So isn't there a law or
any ethics that the developer should have to go by and/or amend/update the HOA's
before/after rezoning. We all need to be accountable for our actions accordingly.
Laws, guidelines and ethics should be two sided and enforced to all. If the HOA
guideline that we all have to abide by and pay into every year haven't /can't be
amended, why should we even have HOA guidelines or dues. The city can hire
people to maintain all the common grounds.
The city council etc. should take into consideration of the petition against this
project as well as the letter/speech from the attorney that represented the
subdivision, the speakers at the last p&z meeting as well as letters sent in. Also all
the signatures at the planning and zoning meeting with cks next to (not in
agreeance) with the projects. There is quite a bit that needs to be taken into
consideration before approving the project to go forward. Especially the fact that
the developer never amended the HOA guidelines (in which he implemented) is a
huge legal and/or obligation to all the people that have bought into Cedar Springs.
Again very deceitful. We look forward in something positive coming out of this.
Sincerely,
Joy Smith
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DECLARATION
OF COVENANTS- CONDITIONS A D RESTRICTIONS
'~ ~ •~ 1
CEDAR SPRINGS St18DiV
'THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR CEDAR .SPRINGS SUBDIVISION NO. i is made by Howell-Murdoch
Development Corporation, (hereinafter "Grantor" or "OeclaraRt") whose address:is
4822 N. RosepoMt Way, Suite C, Boise, Idaho 83713.
ARTICLE 1: RECITALS
1.7 Prongrtx C vered. The Property subject to this Declaration of
Covenants, Conditions and Restrictions (hereinafter referred to as "Declaration" or
"CC&R's"- is that property in Ada County, State of Idaho, which is contained in
Cedar Springs Subdivision No. 1, and which is legally described on Fachibit A
attached hereto, together with any additions or annexations es may hereinafter be
brou~.jht within the jurisdiction of these CC&R's and the Cedar Springs Neighborhood
Association, Inc.
r
1.2 An xation ~A ro ertiea or dditional Subdivisions into these
Iw
rC&R's. Additional phases of Cedar Springs.Subdivision (#or exempla Cedar Springs
Subdivision No. 2) are contemplated to be annexed into those CC&R's. In the event
that any other properties are annexed into these CC&R's then those properties shall
also be subject, to these CC&R's except as modified by the recorded Declaration of
Annexation. Ali annexed property wil! be under the jurisdiction,of the Association as
set out below. These CC&ii's and any beclarations of Annexation shah be construed
together as if all had been done at the same time. Each annexed property may have
different covenants ,and building restrictions and different Common Areas par[icul
to that annexed property. ~ However, all Common Areas here and in anne
TitleOne
v tuk !k ~wernv- ca
CEDAR SPRINGS SUBDIVISION CC&R's tiz-to-sooal Page 1 of 37
properties shall be for the benefit of a!I Owners in this subdivision and in the
anne~ted properties.'CedarSprtngs Neighborhood Association, Inc. shall own, operate
and rtianage all Common Areas in this subdivision and all annexed properties as if alE
were ire one subdivision. In the event that any other properties are annexed, this
Declaration shall be referred to ea the "Master" Declaration.
'1.3 1~[Qtice of Development of Later Phases of Cedar Sg_rings Subdivfsion_ A
depiction ofi the preliminary plat of Cedar Springs Subdivision is attached hereto as
Exhibit C. Notice (e hereby given to ail Owners that this configuration is subject to
change and that future portions of the subdivision, Ef developed, may b® developed
differently. bectarant is under no obligation to develop later phases of this
subdivision or to develop any later phases in any particular manner or order.
Notice is also given to ail Owners in Cedar Springs Subdivislona that some
later phases of Cedar Springs Subdivision, Encluding, but not limited to, those phases
or portions of Cedar Springs Subdivision that are dep(ctad on Exhibit C as possible
"Phase 4" and possible "Phase 5" are intended to be developed by Declarant, end
may~e developed by Declarant, as some form or commercial, office, retail, ar other
' related business uses. A portion may, or may not, also be developed as a school
"site. If the business Lots are so developed for business uses, each of the business
Lot phases wail have its own separate business Covenants, Conditions ahd
I'iesthictiona for that particular business phase, whatever t1taC pltasrs may lie. Tlie
Lots or parcels in a business phase (or any school situ steal! not be part of, or
"~ subject to, these CC&Fi's and the Owners thereof shall have no votes fn the Cedar
`•~ Springs Neighborhood Association; Provided, however, that each of the i_ots or
paresis in the business phases, or school site, may be connected to the pressurized
urban irrigation "system (t?UiS)_ of Cedar Springs Subdivision. If connected, the
Owners of these Lots or parcels shall pay-their proportionate share of ail op®ration
and maintenance costs of the PUIS and their proportionate share of the water costs
relating to these Lots ar parcels. In the event that the school site or the business
phases are not developed for school er business uses and era developed as single
family residential uses then the Lots therein shall be subject to these CC&R's when,
and if, annexed into these CC&R's.
7 .4 PtlrRQse of QecLeratlon. The purpose of this Deolaration is to set forth
the ~asic restrictions, covenants, limitations, easements, conditions end equitable
servt udes that will apply to the development and use of the Property. This
Declaration ie designed to preserve the Property's value, desirability and
attractiveness, and to guarantee adequate maintenance of the Common Area, -and
any Improvements located thereon.
CEDAR SPRINGS SUBDIVISION CC&R's i12-'10-2002! Pag®2 of 37
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