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Heron Brook Townhomes FP 00-011,„1 ~p_a~ -v~ I Engineers, Inc. 870 N. CINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX TO: ~ Z. LETTER aF TRANSMITTAL DATE: ^ ~~' JOB N~~~ ~~~ RE: L.-~ 1~-- WE ARE SENDING YOU ~ Attached ^ Under separate cover via the following items ^ Shop drawings ~ Blueprints ^ Sepias/Vellums ^ Calculations ^ Specifications ^ 8-1/2 x 11 Drawing(s) ^ 11 x 17 Drawing(s) ^ 3 1/2" disk ^ Mylar/Ammonia Mylar ^ Field Report ^ Copy of letter ^ Change Order ~ ~~Y7~1_ T~ ~~S_ COPIES DATE REV. NO. DESCRIPTION 1 '' = 3~ ~ r t~ A ~, r- F.~bad f n 8 CTd ~ ~ x 2~ ~' ct~S 3 ~ ~ ,c 2~-(- S - I Cc~~s 1 / ~4J~1lQ.vL w 7 .~ CIC~ Lo40 _ ~1 y.UpcL ~ -~ ~u,r~a U . LTD M -C~c.~J . THESE ARE TRANSMITTED as checked below: ^ For review ^ No exceptions taken ^ For your use ^ Make corrections noted ^ As requested ^ Revise and Resubmit ^ For review an~i rnmmant ^ ^ FOR BIDS DUE ~~~ f ~~1 S~ ~ /~ J ~' ~ ~~ ~- ~ COPY ^ Resubmit copies for approval ^ Submit copies for distribution ^ P~*~ ern _ corrected prints f r' .~ ~~ ~- - -~ ~ ~ ~ ~ ~~~ ~ ~- ,~., ~ .~ ~ . SIGNED: CITY CLERK FILE CHECKLIST Project Name: Heron Brook Townhomes File No. Contact Name: Et~~ 9~n~~=ir, F'inr}ocle Engineers Phone: Date Received from Planning and Zoning Department: Planning and Zoning Level: ^ Transmittals to agencies and others: ^ Notice to newspaper with publish dates: FP 00-011 887-7760 Hearing Date: and ^ Certifieds to property owners: _ ^ Planning and Zoning Commission Recommendation: Notes: ^ Approve ^ Deny City Council level: 0 Transmittals to agencies and others: Q Notice to newspaper with publish dates x^ Certifieds to property owners: Hearing Date: July 18, 2000 June 15, 2000 n/a and n/a City Council Action: ~ Approve ^ Findings /Conclusions /Order received from attorney on: Findings /Conclusions /Order: ^ Approved by Council: _ ^ Copies Disbursed: ^ Findings Recorded Deve lopment Agreement: ^ Sent for signatures: ^ Signed by all parties: ^ Approved by Council: ^ Recorded: ^ Copies Disbursed: ^ Deny Ordinance No. Resolution No. ^ Approved by Council: ^ Recorded: Deadline: 10 days ---~- ^ Published in newspaper. ^ Copies Disbursed: Notes: No P/H on Final Plats Resoiudons: Original Res !Copy Cert: Minutebook Copy Res !Copy Cert: City Clerk City Engineer City Planner City Attomey Steding Codifiers Project File Copy Res /Original Cert: Ada County (CPAs) Applicant (non-CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. Steding Codrfiers city Anomey City Engineer City Planner Project file Applicant (rf appl.) Findings /Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attomey "' Record Vacation Findings " Recorded Development Agreements: Original:Fireproof File Copies to:Applicant Project file City Engineer City Planner City Attomey MAYOR Robert D. Corrie 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 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 Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 15, 2000 Hearing Date: July 18, 2000 File No.: FP 00-011 Request: Final Plat approval of 37 building lots and 3 other lots on 3.98 acres for Heron Brook Townhomes By: Pinnacle Engineers Location of Property or Project: northeast corner of Meridian Road and Blue Heron Lane 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 (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Your Concise Remarks: Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. 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 - 24 AZ - 27 " no FP REQUEST FOR SUBDIVISION APROVAL FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning & 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: Heron Brook Townhomes 2. General Location: Northeast corner of Meridian Road & Blue Heron Lane 3. Owners of Record: Glen Anders Address:_483 N. Quarryview Place, Boise, ID ,Zip 83712 Telephone 331-7881_ 4. Applicant:_Pinnacle Engineers, Inc. (Bob Under) Address:_870 N. Linder, Ste B, Meridian, ID ,Zip 83642 Telephone 887-7760 5. Engineer:_John Carpenter Firm: Pinnacle Engineers, Inc. 6. Name and address to receive City billings Name:_Lyn Hellen Address: 483 N. Quarryview Place Boise ID 83712 Telephone:_331-7881 PLAT CHECKLIST: Subdivision Features 1. Acres: 3.98 2. Number of building lots: 37 3. Number of other lots:_3 (Common) 4. Gross Density per acre: 10.05 5. Net density per acre: 9.29 6. Zoning Classification(s): R-40 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? NO 9. Have recreational easements been provided for? NO 10. Are there proposed recreational amenities to the City? NO 11. Are there proposed dedications of common areas? YES Explain 3 Lots (3 open landscape/drive) to owned and maintained b_y the Heron Brook Homeowners Association. 12. For future parks? NO Explain 13. What school(s) the ares? NO Do you propose any agreements for future school sites? Explain 14. Are there any other proposed amenities to the City? NO Explain 15. Type of Building (Residential, Commercial, Industrial combination): Residential 16. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): S. F. Townhomes 17. Proposed Development features: a. Minimum square footage of lot(s): none - 1,512 sq. ft. proposed b. Minimum square footage of structure(s): 888 ~. ft. c. Are garages provided for? Covered Carports Square footage:_440 sq. ft. d. Has landscaping been provided for? YES Describe: (see attached landscape e. Will trees be provided for? YES Will trees be maintained? YES f. Are sprinkler systems provided for? YES g. Are there multiple units? NO Types: h. Are there special set back requirements? YES Explain: Zero Lot Line for Townhomes & front yard setbacks for covered carports i. Has off street parking been provided for? YES_Explain:_2 parking, spaces per unit on each lot._(1 covered and 1 open ) j. Value range of property:_$90,000 - $110,000 k. Type of financing for development: N/A 1. Were protective covenants submitted? Yes Date: 2/2000 18. Does the proposal land lock other property? NO Does it create Enclaves? NO Engineers , Inc . TO: Shari Stiles, Planning and Zoning Administrator City of Meridian 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: June 6, 2000 RE: Final Plat of Heron Brook Subdivision Ms. Stiles: Please accept the attached application forms and plat copies of the above referenced subdivision for review and approval by the City Council. The final plat is in conformance with the City of Meridian Subdivision Ordinance and Comprehensive Plan. The plat is also in conformance with acceptable engineering, architectural and surveying practices and local standards. In addition, we are providing the required fee of $400.00 (401ots @ $10.00 per lot). If you have any questions or concerns about this application, please contact me at (208) 887- 7760. Sincerely obert C. Unger Project Manager cc: File #C996218 870 NORTH CINDER SUTI~ B ^ 1VIERIDIAN, IDAHO 83642 ~ (208) 887-7760 ^ FAX (208) 887-7781 ,. ^aMees herein have read and approved th .-.. swing: ~ Tide File No.: T99~63463 +~~ ' ~ ARRANTY DEED FOR VALUE RECE1yED DALLAN TAYLOR and PATRICIA MAE TAYLOR, husband and wife AND GARY BELEW and JANICE A. BELEW, husband and wife GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY auto: GLEN ANDERS, an unmarried man GRANTEES(s), whose current address is: '~ p3 ~ (gIJAIZ tt~l V t~ /~ 1 A!E , ~o ~St ..~o~ Q3 7 f 1 the following destxibcd teal property in Ads Coumy, State of Idaho, more particularly described as follows, to wit: A petal of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described in the attached Exhibit "A", which by this reference becomes a part hereof. AOA COUNTY RECORDER J. QAVIp NAVARRO ...;,,.r' tr.{~~ rss~,~H i s ~ a: 2 t RECQRQFp-REQUESt Q~ FEE~~ pUTY~l[~!W[~ 99051349 ~sNarroN rim & Esci~ TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fce simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this comeyaaa is expressly made subject and those made. suffered or done by the Grantee(s); and subject to teservatiom, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are tmt yet due and payable, and that Grattor(s) will warrant sad defend the same fmm all lawful claims whatsoever. Dated: June 17, 1999 /i Dailsa Taylor Gary Bdew . ,~,p+~ IiANVCIt~.,,~ ''~~~° ,3 A Bdew ~t .e • 7 . u. STATE OFyldsho ,County -~~it'* On this 1/ day of Juna in A 1999, before me, the undersigned, a o blic in and for said State, personalty appeared Da~llafu~Taylor ~ffdey-Bekw 7wn ~~~. ~~/~ known or identified to t be the persons whose names are subscribed in ins ent, a ckno lodged to me that they ex the s Signature: O / ! CLc Patricia Mae Taylor _ACrtNOwt.mc~~tnd•.idu,t li~~ STATE OF ........... ~ Counry of ....... . (J .............. On this .../R .... ~,,~~(~. .. ............... ................ ~ ~Y .... . in the year of .... .... , re rue. the unders' ed, a No ~~II,,+y~~ ~~ ...... i d ly known or identified m me c nc~ person . 5....hose name . ~~ .... . subscti o the in ' rumens. an w~me e/h~c...,.... . executed nc~ same. _/~~~a,~~''Yy! / .... . SrarratpR:... ~~ Name: Naneilee lsoslsu Name :........ .. .... . Residing at: Meridian, ID ~~~ M ~" 1~(rs (+ptlNt~l$1 at~raa 1 t-12-0it My commission expires: 11/12/04. °s a ~• My commisrion expires:..... . Transnation Title & Escr - •-. •~ F~ISIT °A° A parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Commencing at the West quarter section corner of said Section 6; thence North 89°25' East 25.00 feet along the East-West half section line to an iron pin on the East side of Meridian Street, the REAL POINT OF BEGINNING; thence continuing North 89°25' East 1063.67 feet to the Southeast corner of said Lot 5, marked by a atone with a + chiseled on the top;.. thence along the East boundary of said Lot 5 North 0°08' East 624.66 feet to an iron pin; thence North 66°57' West 37.03 feet to an iron pin; thence South 0°00' 72.74 feet to an iron pin; thence North 90°00' West 528.00 feet to an iron pin; thence North 0°00' 82.50 feet to an iron pin; thence South 90°00' West 503.00 feet to an iron pin on the East aide of Meridian Street; thence along the East aide of Meridian Street South 0°00' 659.75 feet to the POINT OF BEGINNING; EXCEPT the following portion of the above-described property: Beginning at the West quarter corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence running North along said Section line a distance of 577.05 feet to the REAL POINT OF BEGINNING; thence running North along said section line a distance of 82.05 feet to a point; thence running East a distance of 528.00 feet to a point; thence running South a distance of 82.05 feet to a point; thence running West a distance of 528.00 feet to the REAL POINT OF BEGINNING. AND ALSO EXCEPT a parcel of land being a part of Government Lot 5 of Section 6, Township 3 North, Range 1 East of the Boise Meridian, Ada County, State of Idaho, more particularly described as follows: Beginning at the Northwest corner of Section 6, Township 3 North, Range 1 East, Boise Meridian; thence South 00°16'37" West 2658.23 feet along the Westerly boundary of the Northwest quarter of said Section 6, also being the centerline of Meridian Road, to the Southwest corner of Government Lot 5 of said Section 6; thence leaving said Westerly boundary of Government Lot 5 of Section 6 North 89°34'50" East 25.00 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin on the Easterly right of way line of Meridian Road; thence leaving the said Easterly right of way line of Meridian Road and continuing North 89°34'50" East 926.34 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin, said pin being the REAL POINT OF BEGINNING; thence continuing North 89°34'50" East 139.19 feet along the Southerly boundary of Government Lot 5 of said Section 6 to an iron pin marking the Southeast corner of Government Lot 5 of said Section 6; thence leaving said Southerly boundary of Government Lot 5 of Section 6, North 00°17'35" East 624.66 feet along the Easterly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Easterly boundary of Government Lot 5 of Section 6, North 66°47'10" West 37.03 feet to an iron pin; thence South 00°09'50" West 72.74 feet to an iron pin; thence North 89°50'10" West 1031.67 feet to an iron pin on the Easterly right of way line of Meridian Road; thence South 00°16'37" West 206.33 feet along the Easterly right of way line of said Meridian Road and 25.00 feet Easterly of and parallel to the Westerly boundary of Government Lot 5 of said Section 6 to an iron pin; thence leaving said Meridian Road right of way South 68°30'07" East 993.65 feet along the centerline of Jackson Drain to the POINT OF BEGINNING. AND ALSO EXCEPT ditch and road rights-of-way. AND ALSO EXCEPTING THEREFROM any portion lying within Jackson Drain. Jan 05 80 03:15p Lyn Hellen 208-331-9367 10-27-1999 I 0 : 35AM FR' ~ ~ I ~ACLE ENGINEERS 887 77& ! ^ AFFIDA~T OF LEGAL INTERES? I, Glen Anders, 4&3 N- Qtutrryview place, Boise, Idaho 83712 being first d,~y sworn upon oath, dcposcd and say: 1 • That I am the record owner of the property located at $p Blue Heron Lane, Meridian, Idaho 83642, and I grant my permission to Pinnacle Engineers, .lunc., 870 N. Linder Road, Suite B, Mcridiaq tdaizo 83642 to submit the accompanying applications for a planned Unit Development pcstairring to that prop~y 2_ I agree to indemtnify, defend and hold the City of Meridian and it's employees harmless from any claim'or liability resulting from any dispute aS to the statements contained herein or as to the ownership of the property that is the subject of Wt application. Dated this ~ ~ 1 q~- Glen Anders SUBSCRIBED AND S WORN to before me the day and year first above written. _~~p(y~OF100ppa~ o~~~oo°v Q_',,eeWo~Oo 1~ ~~ o'°~a 4 ;~ N°TARr x s ~.e,~ ; ~ * ~ pU B LAG ~: . iP e~ , Residing at My Commission Expires: }'. 2 p. 1 J ':,~ C~~ y~ ~, S iP~C~~ 1 Y HERON BROOK TOWNHOUSES 300 0 300 600 900 1200 1500 Feet 0 S3n1w01 Stseg ~ S3n1e(36 PINNACLE ENGINEERS, INC. 870 N. CINDER RD, STE B, MERIDIAN, IDAHO 83642 PH (208) 887-7760 FX (208) 887-7781 PROJECT~# C99621 DATE 9/1/99 ~ ~ ~ ~ ~ ~ ff8 ~~$~I ~~~~~~~~ cis ~~ m ~~ ~ ~~ ~ ~ ~~ ~ ~~~ ~ ~ ~~ o ~ ~ ~ ~ ~ ~ ~~ ~~ ~ W ~ ~ s ~ ~ ~~ ~ ~ ~ ~~ ~ e~ ~~ ~ ~ ~ ~ ~~ .~~~ _ ~ .~ ~ _~ ~ f~ ~~~~ 3 d a `•~ ~~V~ ~i*~ ~ ,Waft, n o~~ as ° ~~ d~ d~ fYSS~ z~ o x~ ~~ ~~ ~ ~~a A °~~ 0 ~ n ~ ~ ~~~ ...a ~O ~. a~ o~~ ~ z~° zo ~~~ ~ Q-i °w W <~ E O ~g~ ~~ 6~ Q~Qg~ EQNe d ~s~ = a n ~ 1= z ~ ~a n ~ ~ .~ ~ ~ I ~ saa I • .w K~f ~~~ ~~~ ~~~• +x / L 8 L lpl ~ ~ ~ ~• CC JOI ~ F z'~/ iX~~; ~ oc imL~ ~ ~~ 3 ~ ~ _AIYY ~ .°°'4Y 1~v AC'fL R% o •N~ N / lOl ,YL'BLZ ;[L.OILON _ n ~ L.,. . __ __. _ . ~' ~ Q~02I I~i~'IQI2I~~ _~Jf P:~a civi p.d youtl, 0 /08/2000 04:57:17 PM, PINN FFRC IN!' AI I oir_uTC orcrn~.r r~. n~ ~~~ ~$~ ,~ I fI ~ I 10~,j. / ! i I / 9 ~ g ,~ - I s I I / ~ ~~ ~ ~ ~~ ~ ~~ , C.> , ~ ~~ 3~ SL 1G11 ~ ~ /° i ~~~,$R~~ I 'f I i I ~ I i ~ / I I 1 ~, . W \~`r ~ ~~• `8~ ~886:~~~~ NNy ) ~R ~ ~~' ~ ~ g ~ ~t ~a ~ ~ G~ ~ I ~W g ,~. I~. i I x SLAV ~ ~, ~ P~'r } ~t~, IIt *.4 W b• 0 8{ ~~~ ~ ~ Y ^ Y' ~~/ ~ E 1 k~~' fig; o ~~ d ~a ~~ W ,CLd°N~ 1 i ~ ' 'A . ~ ~ ~ $~ i ~ =N __ !~ rl _.~ ~ a a ro N m VN _~ _~~ 3W 0 ~ r. .-+r -'1 SUB~:~~VISION EVALUATION SliteT 4 Y~~ Proposed Development Name Blue Heron Brook Townhome Sub File # PP-00-004 Date Reviewed 2/10/00 Preliminary Stage RUC _ Final .~ Engineer/Developer Pinnacle En ineers 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 f Ilowin streets are ex'stin and the names shat a ear on th lat: "N. MERIDIAN D.° "E. BLUE HERON LANE" °V11. CHESTERFIELD DR." "W WATERBURY DR ° "W WOODBURY DR " and "E WOODBURY DR.° There are no new street n mes ro osed for thi d veto ment. i V ~ ~^ ~^ _r~n'~ ff~ i S z~~t/~~a rf A7~' 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 COMMITTE , A ENCY REP ESENTATNES OR DESIGNEES John Priester ~ i 1 Date Z Ada County Engineer i Community Planning Assoc. Sue Hansen ] Date ~ City of Meridian Cheryi Sabi ~ ~ ~ / _~~- - Date ~-i~- od Meridian Fire District Representative Date ~-- ~~'"© ~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1l11 Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS X ' ~ ~ TRISUBStSM CITY.FRM .~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HERONBROOK SUBDIVISION February ,2000 TABLE OF CONTENTS ARTICLE I: RECITALS ............................................................................................................. 1 Section 1. Property Covered ........................................................................................... 1 Section 2. Purpose of Declaration ................................................................................... 1 ARTICLE II: DECLARATION .................................... . _ , ARTICLE III: DEFINITIONS Section 1. ...................................................................................................... 2 Architectural Review Committee Section 2. .................................................................. 2 Assessments Section 3. ................................................................................................... 2 Association or Corporation Section 4. ............................................................................ 2 Board Section 5. .............................................................................................................. 2 Common Area Section 6. ................................................................................................ 2 Declarant Section 7. ........................................................................................................ 2 Dwelling Unit .. Section 8. ............................................................................................... 2 Improvement Section 9. .................................................................................................. 2 Limited Assessment Section 10 ....................................................................................... 3 Lot . Section 11. ................................................................................................................. 3 Member Section 12. ......................................................................................................... 3 Mortgage ........... Section 13. ............................................................................................ 3 Mortgagee ......... Section 14. ............................................................................................ 3 Owner Section 15. ............................................................................................................ 3 Person(s) ....... Section 16. ................................................................................................ 3 Pressurized Irrigation System Section 17. ....................................................................... 3 Property ......... Section 18. ................................................................................................ 4 Regular Assessments Section 19. .................................................................................... 4 Special Assessments ..................................................................................... 4 ARTICLE IV: PROPERTY RIGHTS Section 1. .......................................................................................... 4 Owners' Easements of Enjoyment of Common Area Section 2. .................................... 4 Delegation of Use Section 3. .......................................................................................... 4 Encumbrance of Common Area Section 4. ..................................................................... 4 Dwelling Units .. ............................................................................................. 5 ARTICLE V: MEMBERSHIP AND VOTING RIGHTS Section 1. ............................................................ 5 Membership ...... Section 2. ............................................................................................. 5 Voting Classes ............................................................................................... 5 ARTICLE VI: USE AND REGULATION OF USES Section 1. ................................................................... 5 Single Family Residences Section 2. .............................................................................. 5 Minimum Age Requirement Section 3. .......................................................................... 5 Parking .............. Section 4. ............................................................................................. 6 Compliance With Laws and Waste Section 5. ................................................................ 6 Signs ................ ............................................................................................... 6 i ARTICLE XIV: GENERAL PROVISIONS .............................................................................. 16 Section 1. Enforcement ................................................................................................. 16 Section 2. Severability .................................................................................................. 16 ................ Section 3. Amendment ................. ................................................................. 16 Section 4. Annexation ...................... ........................ 17 ..................................................... Section 5. Duration and Applicability to Successors .................................................... 17 EXHIBIT A- LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT B -LEGAL DESCRIPTION OF THE COMMON AREA EXHIBIT C- FINAL PLAT iii Section 6. Pets ......... Section 7. ........................................................................................................ Nuisance ......... 6 Section 8. ................................................................................................ Common Areas ..... 7 Section 9. ......................................................................................... Exterior Improvements ....... 7 Section 10. ........................................................................... Garage Doors ......... 7 Section 11. ....................................................................................... Outbuildings ............... 7 Section 12. ................................................................................... Fences ............ 8 Section 13. ............................................................................................... Insurance .. 8 Section 14. ..................................................................................................... Ditch ......... 8 ..................................................................................................... 8 ARTICLE VII: PRESSURIZED IRRIGATION SYSTEM AND WATER RIGHT Section 1. S ................. 8 Dual Water Supply .................. Section 2. ........................ ............................................... 8 Water Rights Appurtenant to Property Section 3. .......................................................... 8 Reservation of Easement ................................................................................ 9 ARTICLE VIII: SPECIFIC LOT USES AND RESTRICTIONS Section 1. ............................................... 9 Lot ,Block .......... Section 2. ........................................................................................ 9 Lots ,Block ........... ...................................................................................... 9 ARTICLE IX: INSURANCE ........ Section 1. ................................................................................................. 9 Insurance ....... Section 2. ................. ...... .......................................................................... 9 Insurance Proceeds Section 3. ....................................................................................... 10 Premiums Included in Assessments ............................................................. 10 ARTICLE X: COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. .................................... 10 Creation of the Lien and Personal Obligation of Assess t Section 2. men s .................... 10 Purposes of Assessments Section 3. ............................................................................. 10 Uniform Rate of Assessment Section 4. ....................................................................... 10 Date of Commencement of Annual Assessments; Due Date Section 5. s ..................... 11 Effect of Nonpayment of Assessments; Remedies of the Association 11 Section 6. ........ Subordination of the Lien to Mortgages ...................................................... 11 ARTICLE XI: AUTHORITY OF BOARD OF DIRECTORS Section 1. ................................................... 11 Authority of Board ..... Section 2. .................................................................................. 11 Easement ..... Section 3. ................................................................................................. 13 Non-Waiver . Section 4. ................... ............. ................................................................. 13 Limitation of Liability ........... Section 5. ...................................................................... 13 Indemnification of Board Members ............................................................. 14 ARTICLE XII: ARCHITECTURAL REVIEW COMMITTEE Section 1. ................................................ Charter of Architectural Review Committee 14 Section 2. ............................................... Authority of Architectural Review Committee 14 Section 3. ............................................ Architectural Control 14 Section 4. .............. ............. ........................................................ Review of Proposed Alteration 14 Section 5. .................................................................... Inspection of Approved Alterations 15 Section 6. ............................................................. Review of Unauthorized Alterations 15 ........................................................... 15 ARTICLE XIII: RELEASE .. ....................................................................................................... 16 u DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HERONBROOK SUBDIVISION This Declaration of Covenants, Conditions and Restrictions for Heronbrook Subdivision (this "Declaration") is made effective this day of February, 2000, by Heronbrook, L.L.C., an Idaho limited liability company ("Declarant"). ARTICLE I: RECITALS Section 1. Property Covered The property subject to this Declaration is the property legally described in the attached Exhibit A which is made a part hereof, together with any other property made subject to this Declaration pursuant to the terms herein (the "Property"). This Declaration is for the benefit of any and all owners of any portion of the Property. Section 2. Purpose of Declaration The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, conditions and equitable servitudes (collectively "Restrictions") that will apply to the Property, and use of any and all portions thereof. The Restrictions are designed to protect, enhance and preserve the value, amenities, desirability, and attractiveness of the Property in a cost effective and administratively efficient manner. ARTICLE II: DECLARATION Declarant hereby declares that the Property, and each lot, dwelling, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, used, occupied and improved subject to the following terms and Restrictions, all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property, and to enhance the value, desirability and attractiveness thereof. The Restrictions set forth herein shall run with the land constituting the Property, and with each estate therein, and shall be binding upon any person or entity, and their successors, agents and assigns having or acquiring any right, title or interest in the Property or any lot, dwelling, parcel or portion thereof; shall inure to the benefit of every lot, dwelling, parcel or portion of the Property and any interest therein; and may be enforced by Declarant, any of its grantees or grantees' successors, and any owner or owners' successors of the Property or any lot, dwelling or portion thereof. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 1 ARTICLE III: DEFINITIONS Section 1. Architectural Review Committee "Architectural Review Committee" shall mean the architectural review committee of the Association established pursuant to Article XII herein. Section 2. Assessments "Assessments" shall mean Regular Assessments, Special Assessments and Limited Assessments. Section 3. Association or Corporation "Association" or "Corporation" shall mean and refer to the Heronbrook Subdivision Homeowners' Association, its successors and assigns. Section 4. Board "Board" shall mean and refer to the Board of Directors of the Association. Section S. Common Area "Common Area" shall mean all real property (including the Improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area is legally described on the attached Exhibit B, which is made a part hereof. Section 6. Declarant "Declarant" shall mean and refer to Heronbrook, L.L.C., a limited liability company, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. Section 7. Dwelling Unit "Dwelling Unit" shall mean and refer to the residential Improvement to be constructed on each Lot by Declarant. Section 8. Improvement "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed, placed upon or allowed on, under or over any portion of the Property, including, without limitation, Dwelling Units, fences, streets, roads, drives, driveways, parking areas, sidewalks, bicycle paths, curbs, landscaping, walls, hedges, plantings, trees, living and/or dead vegetation, rocks, signs, lights, mail boxes, electrical lines, pipes, pumps, ditches, waterways, recreational facilities, grading, road construction, utility improvements, removal of trees and other vegetation, landscaping, and any new exterior construction or exterior improvement which may not be included in the foregoing. Improvement(s) includes both original improvements existing on the Property on the date hereof and all later changes and Improvements. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 2 Section 9. Limited Assessment "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Lot, directly attributable to the Owner, equal to the cost incurred by the Association in connection with corrective action performed pursuant to the provisions of this Declaration or any supplemental declaration, including, without limitation, damage to the Pressurized Irrigation System or any Common Area, or the failure of an Owner to keep his or her Lot or Dwelling Unit in proper repair, and including interest thereon. Section 10. Lot "Lot" shall mean and refer to any plot of land shown upon the Heronbrook Subdivision final plat and/or any other recorded subdivision plat of the Property, with the exception of the Common Area. A copy of the Heronbrook Subdivision f nal plat is attached hereto as Exhibit C, and made a part hereof. Section Il. Member "Member" shall mean each Person holding a membership in the Association, including Declarant. Section 12. Mortgage "Mortgage" shall mean any mortgage, deed of trust, or other document pledging any portion of the Property or interest therein as security for the payment of a debt or obligation. Section 13. Mortgagee "Mortgagee" shall mean and refer to the holder of any mortgage or deed of trust encumbering any Lot within the Property. Section 14. Owner "Owner" shall mean and refer to the record owner, other than Declarant, whether one or more Persons, of a fee simple title to any Lot which is a part of the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section I5. Person (s) "Person(s)" shall mean any individual, partnership, corporation or other legal entity, including Declarant. Section 16. Pressurized Irrigation System "Pressurized Irrigation System" shall mean that certain irrigation system discussed in Article VII, including, without limitation, the water rights, well, pump, main lines, valves, clocks, service lines and heads. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 3 Section 17. Property "Property" shall mean and refer to that certain real property legally described on the attached Exhibit A, and such annexations or other additions thereto as may hereafter be brought within the jurisdiction of this Declaration. Section 18. Regular Assessments "Regular Assessments" shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the Common Area and Pressurized Irrigation System, including all Improvements thereon or thereto, and all other costs and expenses incurred to conduct the business and affairs of the Association which is levied against the Lot of each Owner by the Association, pursuant to the terms of this Declaration or any supplemental declaration. Section 19. Special Assessments "Special Assessments" shall mean that portion of the costs of any capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments paid to the Association pursuant to the provisions of this Declaration or any supplemental declaration. ARTICLE IV: PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment of Common Area Every Owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to charge reasonable admission and other fees or Assessments for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and use of any recreational facility by an Owner for any period during which any assessment against his or her Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its rules and regulations. Section 2. Delegation of Use Any Owner may delegate his or her right of enjoyment to the Common Area and related facilities to the members of his or her family, guests, invitees or contract purchasers who reside on the Property. Section 3. Encumbrance of Common Area The Common Area cannot be mortgaged or conveyed without the approval of at least two-thirds (2/3) of the Class A Members. If ingress or egress to any Dwelling Unit is through any portion of the Common Area, any conveyance or encumbrance of the Common Area DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 4 shall be subject to an easement of the Owners of such Dwelling Units for the purpose of ingress and egress. Section 4. Dwelling Units All Lots, except the Common Area, are designated for the construction of single- family detached Dwelling Units. ARTICLE V: MEMBERSHIP AND VOTING RIGHTS Section 1. Membership Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. Voting Classes The Association shall have two (2) classes of voting memberships: Class A. Class A Members shall be all Owners and shall be entitled to one vote for each Lot owned. When more than one Person holds an interest in any Lot, all such Persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to a Class A membership when, and if, Declarant has sold all Lots within the Property. ARTICLE VI: USE AND REGULATION OF USES Section 1. Single Family Residences Each Lot shall be used for detached single-family residential purposes only, and for the common social, recreational or other reasonable uses normally incident to such use, and also for such additional uses or purposes as are from time to time determined appropriate by the Board. Lots may be used for the purposes of operating the Association and for the management of the Association if required. The provisions of this Section shall not preclude Declarant from conducting sales, construction, development and related activities from Lots owned by Declarant. Section 2. Minimum Age Requirement To the extent permitted by law, including the Fair Housing Amendments Act of 1988, no person may regularly reside upon or occupy a Lot unless at least one person fifty-five years of age or older regularly resides upon or occupies said Lot. A minimum of eighty percent (80%) of residents must be fifty-five years of age or older. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 5 Section 3. Parking Unenclosed parking areas (which include all paved areas within the Property other than garages and prohibited parking areas) are restricted to use for temporary parking, as defined below, of operative motor vehicles of guests, invitees and licensees of Owners, provided that such vehicles are parked so as to not interfere with any other Owner's right of ingress and egress to his or her Dwelling Unit. Notwithstanding the foregoing, the parking of equipment, motor homes, campers, trailers, boats and other recreational vehicles on the Property is strictly prohibited, unless parked within an Owner's garage and said garage door is closed (loading and unloading are permitted provided such activities do not exceed four (4) hours). For purposes of this Section, "temporary parking" shall mean the parking of operative motor vehicles (other than motor homes, campers, trailers, boats and other recreational vehicles) for no more than forty- eight (48) hours per vehicle, per month. The Board may require removal of any inoperative vehicle, or any unsightly vehicle, and any other vehicle, motor home, camper, trailer, boat, equipment or item improperly parked or stored. If the same is not removed after three (3) days' written notice, the Board may cause removal at the risk and expense of the Owner thereof. Any other item or equipment determined by the Board to be objectionable may be similarly removed. Section 4. Compliance With Laws and Waste No Owner shall permit anything to be done or kept in his or her Lot or Dwelling Unit or any part of the Common Area, which would be in violation of any laws, rules, regulations or ordinances. No waste shall be permitted in the Common Area, Lot or any Dwelling Unit. Section S. Signs No sign of any kind shall be displayed on any Lot or Dwelling Unit without the prior written consent of the Board; provided however, one sign of not more than four (4) square feet advertising the Lot for sale may be installed on any Lot, but the sign shall be removed within five (5) days following sale. Notwithstanding the foregoing, Declarant may display any sign it sees fit on any portion of Property owned by Declarant. Section 6. Pets No animals (which term includes livestock, domestic animals, poultry, reptiles and any other living creature of any kind) shall be raised, bred or kept in any Dwelling Unit, Lot or in the Common Area, whether as pets or otherwise, except as may be allowed by rules and regulations adopted by the Board; provided however, that this provision shall not prohibit Owners from having two (2) or less dogs and/or cats (i.e. an Owner may have a maximum of two (2) dogs, two (2) cats or one (1) dog and one (1) cat). The Board may at any time require the removal of any animal, including domestic dogs and cats, which it finds is creating unreasonable noise or otherwise disturbing the Owners unreasonably, in the Board's determination, and may exercise this authority for specific animals even though other animals are permitted to remain. All dogs shall be walked on a leash only and shall not be allowed to roam or run loose, whether or not accompanied by an Owner or other person. All Owners shall be responsible for picking up and properly disposing of all organic waste of their domestic dogs and cats. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 6 Section 7. Nuisance No noxious or offensive activity shall be carried on in any Dwelling Unit, Common Area or Lot, or shall anything be done therein which may be or become an annoyance or nuisance to other Owners. No rubbish or debris of any kind shall be placed or permitted to accumulate anywhere upon the Property, including the Common Area, and no odor shall be permitted to arise from any portion of the Property so as to render the Property or any portion thereof unsanitary, unsightly, offensive or detrimental to the Property or to its occupants or residents, or to any other property in the vicinity thereof or to its occupants or residents. No noise, no exterior fires, no obstructions of pedestrian walkways, no unsightliness, or other nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to the Property or to its occupants or residents or to other property in the vicinity or to its occupants or residents, as determined by the Board, in its reasonable judgment, or in violation of any state or local law or ordinance. Without limiting the generality of any of the foregoing, no whistles, bells or other sound devices (other than security devices used exclusively for security purposes which have been approved by the Architectural Review Committee), flashing lights or search lights, shall be located, used or placed on the Property. No unsightly articles shall be permitted to remain on any Lot so as to be visible from any other portion of the Property. Without limiting the generality of the foregoing, refuse, garbage, garbage cans, trash, trash cans, dog houses, equipment, gas canisters, propane gas tanks, barbecue equipment, heat pumps, compressors, containers, lumber, firewood, grass, shrub or tree clippings, metals, bulk material, and scrap shall be screened from view at all times. No clothing or fabric shall be hung, dried or aired in such a way as to be visible to any other portion of the Property. In addition, no activities shall be conducted on the Property, and no Improvements shall be constructed on any Property which are or might be unsafe or hazardous to any Person or property. Section 8. Common Areas Nothing shall be altered or constructed in or removed from the Common Area except upon written consent of the Board and in accordance with procedures required herein or by law. Section 9. Exterior Improvements No Owner shall install or place any item on any Lot or the exterior of his or her Dwelling Unit or on any building without the consent of the Board and the Architectural Review Committee, including, without limitation, any fences or landscaping. The Architectural Committee shall not allow any fence or vegetation which may materially obstruct the view of any other Owners or occupants of Dwelling Units, other than fences or vegetation constructed, planted and placed upon the Property by Declarant. Section 10. Garage Doors To the extent possible, garage doors must remain closed at all times. Notwithstanding the foregoing, garage doors shall never remain open for longer than thirty (30) minutes. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 7 Section 11. Outbuildings Storage and other outbuildings are strictly prohibited. Section 12. Fences Any fencing must be approved by the Architectural Review Committee. Section 13. Insurance Nothing shall be done or kept in any Dwelling Unit, Lot or Common Area which will increase the rate of insurance on the Common Area, Pressurized Irrigation System or any other Dwelling Unit without the prior written consent of the Board. Each Owner must maintain a homeowner' s insurance policy insuring the homeowner from loss by fire, theft, or all other loss or damage. Section 14. Ditch Each Owner is hereby warned of the dangers presented by the open drain ditch of the Nampa Irrigation District, located near the north side of the Property. Each Owner by accepting a deed to any portion of the Property hereby covenants and agrees to hold the Declarant and the Association and Nampa Irrigation District harmless from any and all liability for damages or injuries to their children, guests, agents, or invitees caused by or occurring in or around said ditch. All Owners are hereby notified that the Nampa Irrigation District owns an exclusive eighty foot (80') easement extending forty feet (40') on each side of the centerline of the District's ditch upon which no trees, shrubs, or structures of any kind shall be located or constructed. All such encroachments are removable at the District's convenience. ARTICLE VII: PRESSURIZED IRRIGATION SYSTEM AND WATER RIGHTS Section 1. Dual Water Supply Potable (drinkable) water will be supplied to the property by the City of Meridian. Non-potable water will be supplied by a pressurized irrigation system which includes a pump house, water well, main lines, service lines, values, and other facilities located on the Property using the existing water right discussed in Section 2 below. The Nampa Irrigation District will operate and maintain the irrigation system for a fee. The Pressurized Irrigation System will be used for all irrigation, including the irrigation of the Common Area and Lots. By accepting a deed to any portion of the Property, each Owner hereby covenants and agrees to hold the Declarant and the Association harmless from any and all liability for damages or injuries to their children, guests, agents, or invitees caused by the Pressurized Irrigation System. Section 2. Water Rights Appurtenant to Pr~erty Declarant owns the water rights which are appurtenant to the Property and which will be utilized in the Pressurized Irrigation System. Upon conveyance of the Lots to Owners, Declarant will reserve in itself any and all water rights appurtenant to the Property, and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 8 --~• ,_., accordingly, Owners of any and all Lots shall have no right, title or interest in any of said water or water rights. Declarant will transfer these water rights to the Association for use in the Pressurized Irrigation System. Section 3. Reservation of Easement Declarant hereby reserves an easement for all main lines, service lines, heads, pumps and other equipment on, over, across, and through all Lots and Common Areas to the extent reasonably required to operate and maintain the Pressurized Irrigation System. ARTICLE VIII: SPECIFIC LOT USES AND RESTRICTIONS Section 1. Lot .Block Lot _, Block is a Common Area which shall be owned and maintained by the Association. Section 2. Lots .Block Lots Block are encumbered by a _ foot drainage ditch easement owned by the Nampa Irrigation District. ARTICLE IX: INSURANCE Section 1. Insurance The Association shall obtain insurance from insurance companies authorized to do business in the State of Idaho, and maintain in effect any insurance policy the Association deems necessary or advisable, which shall include, without limitation, the following policies to the extent its is possible for the Association to obtain the same: (a) Fire insurance including those risks embraced by coverage of the type known as the broad form or "All Risk" or special extended coverage endorsement on a blanket agreed amount basis for the full insurable replacement value of all equipment and fixtures located within the Common Area and of all equipment and fixtures associated with the Pressurized Irrigation System; (b) Comprehensive general liability insurance insuring the Association and the Owners, and the individual grantees, agents and employees, invitees and guests of each of the foregoing against any liability incident to the ownership, management, maintenance and/or use of the Property. Limits on liability of such coverage shall be as follows: Not less than One Million Dollars ($1,000,000) per occurrence with respect to personal injury or death, and One Million Dollars ($1,000,000) per occurrence with respect to property damage or such amounts in excess thereof which the Association determines is commercially reasonable and prudent under the circumstances after taking into account inflation occurring after the execution of this Declaration; (c) Full coverage directors' and officers' liability insurance for the Association's directors and officers with a limit of at least Two Hundred Fifty Thousand Dollars DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 9 ($250,000) or such amounts in excess thereof which the Association determines is commercially reasonable and prudent under the circumstances after taking into account inflation occurring after the execution of this Declaration; (d) Such other insurance, including motor vehicle insurance and worker's compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Association shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of any Association funds or other property. Section 2. Insurance Proceeds The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full power to receive such Owner's interests, if any, in such proceeds and to deal therewith. Section 3. Premiums Included in Assessments Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. ARTICLE X: COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation ofAssessments The Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) Regular Assessments, including, without limitation, annual assessments for all exterior maintenance and maintenance of the Common Area, Pressurized Irrigation System and for any and all insurance premiums and reserves the Association deems advisable, (2) Special Assessments, including, without limitation, for capital Improvements, and (3) Limited Assessments. Regular, Special and Limited Assessments, together with interest, costs, late fees and reasonable attorney's fees, shall be a continuing lien upon the Lot against which each such Assessment is made. Each such Assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the Person who was the Owner of such Lot at the time when the Assessment fell due. The personal obligation for delinquent Assessments shall not pass to his or her successors in title unless expressly assumed by them. Section 2. Pur oses ofAssessments The Assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Property and for any construction, maintenance, and operation of the Common Area, Pressurized Irrigation System and Lots. Section 3. Uniform Rate of Assessment Regular and Special Assessments must be fixed at a uniform rate for all Lots. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 10 Section 4. Date of Commencement of Annual Assessments; Due Dates The Regular Assessments provided for herein shall commence as to all Lots on the first day of the month six (6) months following the closing of the sale of the first Lot from Declarant to an Owner. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board shall fix the amount of the Regular Assessments against each Lot at least thirty (30) days in advance of each annual Regular Assessment period. Written notice of the Regular Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board, which may be quarterly or monthly as the Board, in its sole discretion, shall determine. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specific Lot have been paid. A properly executed certificate of the Association as to the status of Assessments on a Lot is binding upon the Association as of the date of its issuance. Section S. Effect of Nonpayment ofAssessments• Remedies of the Association Any Assessment not paid within thirty (30) days after the due date shall bear interest from the date of delinquency at a rate equal to the lessor of twelve percent (12%) or the highest rate allowed by applicable law. The date of delinquency is the date which is thirty (30) days after the due date of any assessment. Additionally, a late fee of $15.00 shall be added to and charged on each Assessment which is not paid by the date of delinquency. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot. No Owner may waive or otherwise escape liability for the Assessments provided for herein by non-use of the Pressurized Irrigation System, Common Area or abandonment of his or her Lot. Section 6. Subordination of the Lien to Mortgages The lien of the 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. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. ARTICLE XI: AUTHORITY OF BOARD OF DIRECTORS Section 1. Authority of Board The Board for the benefit of the Corporation and the Owners shall enforce the provisions of this Declaration and the Association's articles and by-laws, shall have all powers and authority permitted to the Board under the Association's articles of incorporation and by- laws and this Declaration, and shall acquire and shall pay for, out of a common expense fund to be established by the Board, all goods and services requisite for the proper functioning of the Corporation and the Property, including but not limited to the following: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 11 (a) Operation, maintenance and management of the Common Areas and Pressurized Irrigation System, including repair and replacement of property damaged or destroyed by casualty loss. (b) Water, sewer, garbage collection, electrical, and any other utility service as required for the Common Area and Pressurized Irrigation System. If one or more common or pressurized irrigation systems are not separately metered, the above-described utility services may be paid as a common expense, and the Board may by reasonable formula allocate a portion of such expense to each such Dwelling Unit involved as a portion of its annual assessments. The Board may arrange for special metering of utilities as appropriate. (c) Maintenance and repair of storm drains located on the Property, except for those storm drains located on or within the right-of--way of any street, road, alley or other land dedicated to public use. (d) Policies of insurance providing coverage for fire and other hazard, public liability and property damage, and fidelity bonding as the same are more fully described in the by-laws or this Declaration. Each Owner shall be responsible for his or her own insurance on the contents of his or her Dwelling Unit, his or her additions and Improvements to his or her Dwelling Unit, and decorating and furnishings, and his or her Personal property stored elsewhere on the Property, and his or her personal liability or injury insurance. (e) The services of Persons as required to properly manage the affairs of the Corporation to the extent deemed advisable by the Board as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Property. (f) Legal and accounting services necessary or proper in the operation of the Corporation's affairs, administration of the Property, or the enforcement of this Declaration. (g) Any other materials, supplies, labor services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Board is required to secure by law or which in its opinion shall be necessary or proper for the operation of the Property or for the enforcement of this Declaration; provided that if for any reason such materials, supplies, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or assessments are provided for particular Dwelling Units or their Owners, the cost thereof shall be treated as a Limited Assessment and charged to the Owners of such Dwelling Units. (h) Maintenance and repair of any Dwelling Unit, its appurtenances and appliances, if such maintenance or repair is reasonably necessary in the discretion of the Board to protect or preserve the appearance and value of the Property, and the Owner or Owners of said Dwelling Unit have failed or refused to perform said maintenance or repair within a reasonable time after written notice of the necessity of said maintenance or repair has been delivered by the Board to the Owner or Owners, provided that the Board shall levy a Limited Assessment against the Dwelling Unit of such Owner or Owners for the cost of such maintenance or repair. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 12 (i) The Board may also pay any amount necessary to discharge any lien or encumbrance levied against the Property or any part thereof, which is claimed to or against the Property, rather than merely against the interest therein of particular Owners. Where one or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it and any costs and expenses incurred by the Board by reason of such lien or liens shall be assessed against the Owners and the Dwelling Units responsible to the extent of their responsibility. (j) The Board shall not make any non-budgeted expenditure in excess of $1,000.00 without the approval thereof by two-thirds (2/3) of each class of Members voting thereon at a meeting called for such purpose, except for an emergency threatening the security of any Improvement on the Property. The Board shall have the absolute right to adopt any rules and regulations it deems to be in the best interest of the Property and the Owners. By accepting a deed to any portion of the Property, an Owner hereby covenants that they will adhere to any such rules or regulations. In addition, the Board shall have the absolute right to hire or otherwise contract with independent third parties to operate, maintain and manage the Common Areas and Pressurized Irrigation System, and to perform any other right, duty or obligation of the Board or Association. Section 2. Easement The Board and its agents and employees shall have, and are hereby granted, a permanent easement of ingress and egress to enter upon each Lot for the purposes of performing repairs, maintenance and care of the Property as provided herein or for otherwise discharging the responsibilities and duties of the Board as provided in this Declaration. Section 3. Non-Waiver The failure of the Board in any one or more instances to insist upon the strict performance of any of the terms or Restrictions of this Declaration, or of the Association's articles of incorporation or by-laws, or to exercise any right or option contained in such documents, or to serve any notice or to institute any action, shall not be construed as a waiver or a relinquishment for the future of such term, or Restriction, but such term, or Restriction shall remain in full force and effect. Failure by the Board to enforce any such term or Restriction shall not be deemed a waiver of the right to do so thereafter, and no waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed for the Board. This Section also extends to the Declarant exercising the powers of the Board during the initial period of operation of the Corporation. Section 4. Limitation of Liability The Board shall not be liable for any failure of any utility or other service to be obtained and paid for by the Board, or for injury or damage to a Person or property caused by the elements, or by another Dwelling Unit or Person; or resulting from electricity, gas, water, rain, dust or sand which may lead or flow from pipes, drains, conduits, appliances, or equipment, or from articles used or stored by Owners on the Property or in Dwelling Units. No diminution or abatement of common expense assessments shall be claimed or allowed for inconveniences or discomfort arising from the making of repairs or Improvements to the Property or from any DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 13 action taken to comply with any law, ordinance, or order of a governmental authority. This Section shall not be interpreted to impose any form of liability by implication, and shall extend to and apply also for the protection of the Declarant exercising the powers of the Board during the initial period of operation of the Corporation and the Property. Section 5. Indemnification of Board Members Each member of the Board shall be indemnified by the Corporation and the Owners against all expenses (including attorney's fees), judgments, liabilities, fines and amounts paid in settlement, or actually and reasonably incurred, in connection with any action, suit or proceeding, whether civil, criminal, administrative or investigative instituted by or against the Corporation or against the Board member and incurred by reason of the fact that he or she is or was a Board member, if such Board member acted in good faith and in a manner such Board member believed to be in or not opposed to the best interests of the Corporation, and, with respect to any criminal action or proceeding, had no reasonable cause to believe that such Board member's conduct was unlawful. This Section shall extend to and apply also to the indemnification of the Declarant during the initial period of operation of the Corporation and the Property. ARTICLE XII: ARCHITECTURAL REVIEW COMMITTEE Section 1. Charter ofArchitectural Review Committee The charter of the Architectural Review Committee is to represent the collective interests of all Owners, and to help individual Owners who wish to make exterior alterations. Section 2. Authority ofArchitectural Review Committee The Association is authorized to appoint an Architectural Review Committee (hereinafter referred to as the "Committee"). Each Owner, by acceptance of a deed for his or her Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to be bound by the terms and conditions of this Declaration, including the standards and process of architectural review. Section 3. Architectural Control No exterior Improvement, including, without limitation, deck, patio, fence, landscaping, permanent exterior affixed decoration, exterior lighting or heating, cooling and other utility systems shall be altered, erected, or placed on the Property unless and until the building, plot or other plan has been reviewed in advance by the Committee and same has been approved in writing, and a Meridian building permit has been acquired, if required by law. The review and approval may include, without limitation, topography, finish, ground elevations, landscaping, lighting, drainage, color, material, design, conformity to other residences in the area, and architectural symmetry. Approval of the architectural design shall apply only to the exterior appearance of said Improvements. It shall not be the intent of these restrictions to control the interior layout or design of said structures. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 14 SectionQ Review of Proposed Alteration The Committee shall consider and act upon any and all proposals or plans and specifications submitted for its approval pursuant to this Declaration, and perform such other duties from time to time as may be assigned to it by the Board, including the inspection of construction in progress. The Committee may condition its approval of proposals upon the agreement of the Owner to an additional assessment for the cost of maintenance and the payment of an architectural review processing fee. The Committee may require submission of additional plans or review by a professional architect. The Committee may issue guidelines setting forth procedures for the submission of plans for approval. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including without limitation floor plans, site plans, drainage plans, elevations, drawings and description of samples of exterior material and colors. Until receipt by the Committee of any required plans and specifications the Committee may postpone review of plans. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee, in writing, to the applicant at the address set forth in the application for approval within thirty (30) days after filing all materials required by the Committee. Section S. Inspection ofApproved Alterations Inspection of work and correction of defects therein shall proceed as follows: (a) Upon completion of any work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Committee. authorized representativbe may inspect such Improvementh If theeCommittee f ndsee or its duly was not done in substantial compliance with the approved plans, it shall notify the Owner and the Board in writing of such noncompliance within such sixty (60) day period, specifying the particulars of noncompliance, and shall require the Owner to remedy the same. (c) If upon the expiration of thirty (30) days from the date of such notification the Owner shall have failed to remedy such noncompliance, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If noncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45) days from the date of the announcement of the Board ruling. If the Owner does not comply with the Board ruling within such period, the Board, at its option, may exercise its right to enforce the provisions of this Declaration, by any proceeding at law or in equity on behalf of the Association, and may take such other actions as are appropriate, including the levy of a Limited Assessment against such Owner for reimbursement pursuant to this Declaration. Section 6. Review of Unauthori ed Alterations The Committee may identify for review, alterations which were not submitted to the approval process as follows: (a) The Committee or its duly authorized representative may inspect such unauthorized alteration. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 15 (b) If the Committee finds that the work is in noncompliance it shall notify the Owner and the Board in writing of such noncompliance. Upon notice the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. same within a period ofcnot more than orty-five (45) daysefrOm tthe datel of the a or remove the nnouncement of the Board ruling. If the Owner does not comply with the Board ruling within such period, the Board, at its option, may exercise its right to enforce the provisions of this Declaration, by a proceeding at law or in equity on behalf of the Association, and may take such other actions as are appropriate, including levy of a Limited Assessment against such Owner for reimbursement pursuant to this Declaration. ARTICLE XIII: RELEASE By accepting the deed to any portion of the property an Owner hereby releases, remises, discharges, acquits, indemnifies and holds harmless the Declarant from any and all liability in all manner of actions, causes of actions, claims, suits, debts, sums of monies, covenants, contracts, controversies, agreements, compromises, variances, rights, damages, losses, costs, legal or other expenses, attorneys fees, judgments, executions, obligations, claims, demands of any kind whatsoever whether vested or contingent in law or in equity, foreseen or unforeseen, suggested or unsuggested, known or unknown now asserted or not asserted which may have arisen or may arise as a result of or by reason of or in connection with or association with the property. ARTICLE XIV: GENERAL PROVISIONS Section 1. Enforcement The Association, Declarant and/or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability Invalidation of any one of these covenants or restrictions by decree, stipulation, judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment The terms and Restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty (20) year period by an instrument signed by Declarant (assuming Declarant owns one or more Lots) and not less than two-thirds (2/3) of all other Lot Owners, and thereafter by an instrument signed by not less than seventy-five percent (75%) of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 16 ,-1 the Lot Owners. Amendments shall be in the form of supplement declarations, and must be recorded in the records of Ada County, Idaho. Section 4. Annexation Additional residential property and Common Area may be annexed to the Property by Declarant or with the consent of two-thirds (2/3) of each class of Members. Annexations shall be accomplished by supplemental declarations to this Declaration recorded in the records of Ada County, Idaho. Section S. Duration and Applicability to Successors The covenants, conditions, and restrictions set forth in this Declaration shall run with the land and shall inure to the benefit of and be binding upon the Declarant and all Lot Owners and their successors in interest. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of February, 2000. HERONBROOK L.L.C., an Idaho Limited Liability Company By Lyn Hellen, Managing Member DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 17 STATE OF IDAHO County of Ada ss. On this day of March, 2000, before me, the undersigned, a Notary Public in and for said state, personally appeared Lyn Hellen, known or identified to me to be the Managing Member of Heron Brook L.L.C., the person who executed the foregoing instrument on behalf of said limited liability company, and acknowledged to me that Heron Brook L.L.C. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at ,Idaho (SEAL) My Commission Expires: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -Page 18 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY ~, EXHIBIT B LEGAL DESCRIPTION OF COMMON AREA EXHIBIT C ,~ HERONBROOK SUBDIVISION FINAL PLAT L1 ~ - P:\a_civil\c996218\996213fp.dwg, Layoutl, 06/07/2000 11:47:12 AM, PINNACLE ENGINEERS INC. ALL RIGHTS RESERVED m ~~~ r-. O D N D z o O - ~ ~ ~ o a ~ n ~ ~ ~ ~ co f V 3 ~ `~ N 3 °' z o ' •/ ~/~ \i./ a ~ n D C = N J N W SJ c ~ ~ n w tp o o , i? 3 Q \ c c m a n = D A a ~ rn Iv m d ,~ o 0 ~~ D ~ y o ~ ~ ~ o m ~ D ~ X > G c 0 c ~~ sae~~ a cl.a ~ ~~ SL4 g o o z L~ ~lda l9ZUZl t-Z6 ~~~~ _~ awo O m~ w~,1 ~=m~ a ~~~ ~ W o ~- ~ m wo~~ N ~v `~ a Z 60LE8 o~[DppI 06I attng p]nlaw~ 0018 aotJlO tftlD$ ]DVOYfD(~/ JS!~y xlveg SNP( ZlL£8 41 ~3S~08 M31A .laab'fl~ 'N E84 66/Ol N~~7~H NAB Old ~00li8 NOti3~i -_,--5 ~~: -- n,,~ ,~„ n~ ~_~ I d3ado ~~ n 3H1 Ol l.b'd i J Memo To: Steve Siddoway From: Brad Watson, P.E. CC: File Date: 4/26/2002 Re: Heronbrook Subdivision Steve, I received the following bid for part of the gravel pathway at Heronbrook that you and I discussed yesterday. As you recall, we agreed that if they provide a replacement letter of credit for this unfinished gravel pathway we can authorize release of the existing letter of credit that covers water, sewer, landscaping, etc. Please review the adequacy of the bid so that I can notify them whether or not it is adequate for acceptance. Thank you i~ From the desk of... Bnd Watson, P.E. City F..ugiueer Meridian Public Works Depattrnent 660 E. Watatower Lane, Suite 200 Meridian, Idaho 83642 • Page 1 (208) 898-5500 Fax: (208) 887-1297 watsonb@ci.meridian.idus z~'~~dd SS~CSS~~~Z .~ SS : b ~ Z~ , 5Z Kidd ,.-. Proposal ~- -- __ _ _ .518 N. 13-fH STREET Date Proposal # BOISE, 83702 ~~ _._.. _ ..._~_ -_- _,-.~. "208) 385-0111 FAX (208) 385-0055 ~_ °''62002 2a WWW.HALEDEVELOf'MENT.NET --~- ~~ - __. ._ Proposal Submitted to. ATTN: Glenn Anders P.O. 13ox by Mtridian. ID 83680 .Fax 6208-363-7125 I _..---- ---- ,. J Speaficetiions as follows: Repair gavel patti betwcon liullding A yc B ^t Herosbrovk 7~ownhumee. lacladas rlt malerwt aaJ labor. ~._... Prgect ~_._ _ ~i Gntvel Path Repair - _ QTY CGST l,ow.oo ~~~~~ APR ~ ~ ~cm TOTAL All matcrlal is guargrtteed to be as specifed. All work to be completed in u workrnanlikc manna eocording to standard practices. Any alteration or deviation 8vm about specifications involving extra costs will be exceutod only upon written orders, and will bccotnt an extra charge over and above the estimate, Acecpcance of Proposal - The about prices and eondiuotts are satisfactory and are hereby accepted. You ere nudtorizod to do the work as specified. Date of Acxptauce: Authorized Signeuurc Note: This proposal may tx withdrawn by us if not aa;epted within 30 days. D I,ow.oo TOTAL sl,oso.oo Z8 ~~JCd 1N~1^1d01~(1~Q ~1CH 5~G'~~-~'c8~3Z El•~~~~ G~~JG,'9~iba 1~'V01-1~ONMI~NT UIZ1ITFD . ~~i'dJdd SS00S8~80Z SS:bti ~~. y~ ddd ,.., ~. ® !L#L.E DEVF'LC~!'~1t~JV'I;1NC f TALE sls tv,13TM s-rl~F~r iSO1St:, IDAI 10 83701 (208) 385-Oltl F/V~ l=am j 385-0055 ~, '~o: ~~ VL/C~ C1Yl Fu: ~ j, ~ " ~~ ~'rnm: T-Iule Developnrcnt, Ltc. wR•: d~/~(~ p ~~ l J~~ U [ ~~ N~~ CC: O Uryerrt ^ Far Nwvhw O F'Nws CwrrrwrM d Hfora N~ply C] Pf~a fio~M • ~~~ ~'t 'fig eiay~'~r~ e°~ii~ ~Nx _~i a'i 7 +1 i`~ 'Z ~r~,~ ,{ ~~~¢r<<~ k, r ~t M ~r i~t.~ o~}~Ft ar r .r ~ i': ~ i tp ~ ~ ~ k"'r 4 ~i ~ a.rl C' ~ rF+~'} ~ ° " yr'I~',~ ~ ; ~~ 4 ~t y n:yR'.`a~d~a.r•~m ~l.~,~raCrY'i.:.»7ih,..,~1A~ ~. a~~'r~ TM~s'..~...~Ar,::.a,u!¢m~n'fA„•t nri3~f )R.':"rL r., ~M~~~QIYI1! t8 3JGd 1N~Wd0~~l1~Q ~~CH SS0058880Z BZ~bT ZeOZ/9Z/b8 .-r.~-.. MAYOR HUB OF THE Robert D. Come ASURE VALLEY ~~" CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy de Weerd Cherie McCandless August 21, 2000 A Good Place to Live CITY OF 1VIER IDIAN 33 EAST IDAHO MERIDIAN], IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) ggg_4218 Glenn Anders 483 N. QuazD,~,iew Place Boise, ID 83712 ~~ Final Plat Approval for Heron Brook Townhomes Dear Mr. Anders: 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 This letter is to confirm that the City of Meridian's City Council application for the subject property at their 7/18/00 meeting. Per Ord' 9-604-I, the Final Plat shall be filed with the Coun R approved the Final Plat written approval by the Council; otherwise, such ap roval s finance Section Il- ly ecorder within one (1) year after P hall become null and void, unless prior to said expiration date an extension of time is applied for b th and granted by the Council. The Council may authorize an extension o the applicant a period not to exceed one year from the end of the original one year pe iod nal plat for Any request for an extension must be filed with the Zoning Administrator rior to lapse of the original one year and must be in writing. (Ord. 456, 9-3-85) The fee the extension request is $100.00. for an Sincerely, CITY OF MERIDIAN ~~,-~~OU Shari Stiles Planning Director/Zoning Administrator cc: Bob Unger, Pinnacle Engineers ~~ ' 1~ Ea-~.gineers , Inc . 870 N. CINDER SUITE B, MERIDIAN, IDAHO 83642 X208) 887 770 (208) 887-7781 FigX FAX T1~.ANSMITTAL r v ~ 1 b D JOB #: CQi.°l ~b 21 ~ DATE: FROM: ~~ a ~ ~w,;-~ . TO: Slav i ~i 1e-S FIRM: V FAX rt[TMBER SENT TO: 8 $~ r ~ ~~'`~ NUMBER OF PAGES (INCLUDING COVER SHEET): d& ~ ~; ~ II~.G-r ~ ~' ~ b ~~ t~\ ~ log~~~ 2. vw~L~S vim- ~v cT/41~ . 1 ~ ~ ~Q 1A~ -- ~ Q.~""~' ~~aC' bt7/ T'T`Y ~'' 1~v0 1 t7 v;rv. ~/1o w^t-5 . 1~ ~ 3 v~.w- ~ w ~. l c4 vt S~.- "~~' C~ { S'~•~~--~- Ew ~.. ~.~~ 10 ~- 1 ~. . a,,.. c4 ~-- Ci ~ Y' ~w• ~c.Ir 1oG. C.~., C3 ~ ~~ vx-S~ lob l ~h,,,.,.. 'i~Ga y~ ,rw~ ~ ow~~ c~r,r~-, w•~-- a ~I,l ~ro 1~ w•~. ~r~.aw a -~ ~n.i S i S c,-c.c.~c,,P~b~.. i5 hc~ ~~ I~~ j•d IBGL-L86-BOZ '~uI `s.~aaui~u3 ajoeuutd eBZ:OT 00 ti end FLug 11 00 10:29a ~ Pinnacle Engineers, Inc. ~ 8-887-7781 ~~a ix~ ,~ ,~ ~~ ....J `______________________~_ _ ___ _ __ p.2 I~ li ~~~ ~ ~ ~~-- ~=k===--~ _- R,ug 11 00 10:29a } p.3 Pinnacle Engineers, Inc. X08-887-7781 r-- MAYOR Robert D. Come CTI'Y COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless r-~ NUB 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 September 24, 2001 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 for Heron Brook 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 Heron Brook Subdivision. These are 100 and 250 watt high-pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The three (3) street lights are located at: Lot 7 Block 1 off of E. Blue Heron Lane 250w Common Lot Richard Lane & E. Blue Heron Lane 250w Common Lot Waterbury Lane & E. Blue Heron Lane Please use this letter as your authority to activate these street lights. See attached map for additional information. Sincerely ,~~ William G. Berg, Jr. City Clerk Enclosures WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, OMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. 'BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live ~ CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phonc (208) 888-4433 • FAX (208) 887-4813 Public Worlcs/Building Department (208) 887-221 I Motor VehiclelDrivers License (208) 888-4443 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 RECEIVED Sc.' 14 201 CITY OF MERIDIAN I have inspected and approved the electrical wiring and associated components for ~_ street fights m ~~~~~ ~~~.~z- .Idaho Power Co. can now proceed with the activation. Harold Hudson, Electrical Inspector COUNCIL M MB R WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: f` /Z -o C:10FF1CE~ W PW RJ~GENER/~I.IELEGINSP. MMO -,. ^. ~ Y N ~ p 3 ~ mz v '~ E a y N ~ v o ° y v r` N O U C 1] m= ~ o c .' O O D d v ° ° v t ~ C ~ / y - . V N C V c ' ~ N .. v c c c - °' v •> v- -' v ~ ~ 3 .J j ' 9 C O y ~ y (/1 =_ y Y U_ O ; (~ J L, N~ x C W O •- o_ ~ L o Ol 3 > y y -- v v w a, v v N 44 ~ c o °'i~ u a v '" o:= E m y U ~_. J .~ ~ ~ v ~ -_ _ O~ p W 0 N C O ... 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S S~ 2 2 2== S 2 S 2 2 Z .Q~ N~IC Juty 28, 2000 FP 00-0 l 1 MERIDIAN CITY COUNCIL MEETING JUIy 18, 2000 APPLICANT Pinnacle Engineers ITEM NO. ~ $ REQUEST Final Plat approval of 37 buildin lots and 3 other lots on 3.98 acres for Heron Brook Townhomes - NE corner of Meridian Road and Blue Heron Lane 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: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS See attached Sub Evaluation See comments ~~y~J Y~%~~. ~vI' p Contacted: ~..+~C,~'~i 1 ' ~,'< ; ~ f~j~,-~'Q~ Date: ~ (1 d ~ Phone: ~~1--~j"] (Qi? Materials presented at public meetings shall become property of the Cffy of Meridian. Meridian City Council Meeting July 18, 2000 Page 12 Corrie: We have a motion; do we have a second? Bird: Second. Corrie: Okay, motion is made and seconded to approve the Final Plat on Item No. 17 and have the attorney prepare the Findings of Facts and Conclusions of Law. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Now the Findings of Facts and Conclusions of Law as amended would be Chevron 11 p.m. to 6 a.m. and McDonald's 11 p.m. to 6 a.m. I'll entertain a motion to accept the Findings of Fact and Conclusions of Law as amended. deWeerd: Mr. Mayor, I move that we approve the Findings and Facts and Conclusions of Law for the request for the Conditional Use Permit for the proposed modification to include an additional pole sign for Chevron/McDonald's and a C-G Zone with the modifications to have the Mayor sign and Clerk to attest. Item 18. FP 00-011 Request for Final Plat of 37 building lots and 3 other lots on 3.98 acres for Heronbrook Townhomes by Pinnacle Engineers - NE corner of Meridian Road and Blue Heron Lane: Bird: I move that we approve the final plat for Heronbrook Townhomes of 37 building lots and 3 other lots on 3.98 acres by Pinnacle Engineers, northeast corner of Meridian Road and Blue Heron Lane and have the attorney prepare the appropriate paperwork. Corrie: Motion made to approve the Final Plat request for 37 building lots and 3 other building lots on 3.98 acres. Do we have a second: McCandless: Second. Corrie: Motion been made and seconded to approve the (inaudible) Findings and Facts on Item No. 18. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Okay, I believe that takes care of the Consent Agenda Items moved. Before we do Item No. 2, I believe we have some scouts here tonight, do we know what's the troop, Scoutmaster, Scout leader, I forgot what it's -Troop 30 from Meridian. Welcome fellows, hope we're not as boring as we might seem tonight. Welcome anyway. Meridian City Pre-Council Mee~~ng July 18, 2000 Page 2 Nichols: Mr. Mayor, members of the Council, items E and F we received a request for reconsideration from the applicant on that and my recommendation is that you reconsider it because of the question with regard of fulfilling the statutory requirement that we tell an applicant if it's denied what they would have to do in order to get approval. I just want to make sure that's clear if the Council continues its denial that we make it specific what they would have to do to obtain approval to satisfy that statutory requirement and so if you move to reconsider it, it would have to be a motion by someone that voted with the majority on that denial, and also it would then need to be set for public hearing to receive additional information with regard to this particular annexation zoning and preliminary fire request. They have some additional information to present to the Council with regard to the Parks issue, whether or not it makes any difference to the Council, I don't pre-suppose that, but that seemed to be the central issue with regard to the denial. They wanted to have an opportunity to present additional information, as well as getting that statutory requirement met. Berg: Mayor, members of the Council, Consent Agenda, put on the regular ag motion to reconsider which is approvE to do that, it needs to be pulled from the ,nda and then there would have to be a d and then there would need to be a motion to re open the public hearing and set a future hearing date before the Council. Bird: Mr. Mayor, is there anything that any of the others, the Beer License and everything okay I take it, the change of the Beer License. Chief, I see has signed off. Berg: Mr. Mayor, Councilman Bird, that's correct. Everything on the transfer was okay. Bird: Shari, do you have anything to jump up and bite us on any of these? Stiles: Did you take E and F off the Consent Agenda? Bird: We put that to the regular agenda. Stiles: Okay. I'm not sure that you can do this , but I would ask that you would move items 17 and 18 of the regular agenda to the Consent Agenda. Bird: Items 17 and 18? Stiles: There final Plats for Woodhaven and Heron Brook we've received responses from the applicant and they don't have items of disagreement on either one of them. We can't do that? Meridian City Pre-Council Mec~~ng July 18, 2000 Page 3 Nichols: Mr. Mayor, members of the Council, I'm reluctant to say we should move it to Consent Agenda when those famous seven words "we've never done it that way before raise its ugly head. Without looking at it and thinking about it, I'd just as soon leave it on there. Final Plats usually don't take up more than a couple, three minutes anyway. Stiles: It's just that the applicant's representative is going to have to sit through all this other stuff before they get to something that they've already -would it be possible to maybe move them up? Bird: That's the Mayor's problem. Corrie: Why would we want to move them up? Stiles: Well, just to save them from sitting through the whole thing. I don't know if there's any -the agenda has to be this way or if it's just because that's the way it's always been or - Corrie: No, that's not the way it has always been, it's just that the way it came out this time. Stiles: It would be nice if we could move the items that are not contested and are not going to take hours. Corrie: Are they going to be here at 7:30? Stiles: I'm not sure. Corrie: I suppose we can ask if the Council has any objection. we can ask them if there here, if there not here ,they'll sit and wait, I guess. We get into a big, long discussion on these I'll - Stiles: And then - Corrie: I'll ring your neck. Stiles: And then we have the issue on Valeri Heights where apparently the property has not been posted, the property itself, so, do we need to bring that up now or wait? Corrie: It's in a public area and it wasn't posted? Berg: Mr. Mayor, members of the Council, as I understand it the notice got published in the newspaper, but the property was not posted with the notice of the hearing and the applicant is aware of this problem with the notice. My opinion is that the hearing should be rescheduled so that all the procedural Engineers , Inc . 870 N. CINDER SUITE B, MERIDIAN, ID 83642 PH (208) 887-7760 (208) 887-7781 FAX TO: - WE ARE SENDING YOU ^ Shop drawings ^ 11 x 17 Drawing(s) Attached Blueprints ^ 3 1/2" disk THESE ARE TRANSMITTED as checked below: ^ For review For your use ^ As requested ^ For review and comment ^ ^ FOR BIDS DUE ^ PRINTS RETURNED AFTER LOAN TO US SIGNED: COPY TO: ^ Under separate cover via ^ SepiasNellums ^ Calculations ^ Mylar/Ammonia Mylar ^ No exceptions taken ^ Make corrections noted ^ Revise and Resubmit ^ Specifications ^ Field Report the following items ^ 8-1/2 x 11 Drawing(s) ^ Resubmit copies for approval ^ Submit copies for distribution ^ Return corrected prints .~ LETTEIc OF TRANSMITTAL ^ Copy of letter ^ Change Order ^ ~"~~. .^~~ WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P. A. ATTORNEYS AT LAW JULIE KLEIN FISCHER WM. E GIGRAY, IlI BRENT JOHNSON D. SAMUEL JOHNSON WILLIAM A. MORROW WILLIAM F. NICHOLS* CHRISTOPHER S. NYE *ALSO ADMITTED IN OR **ALSO ADMITTED IN WA PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 STEPHEN L. PRUSS POST OFFICE BOX 1150 ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 TODD A. ROSSMAN TEL (208) 288-2499 DAVID M. SWARTLEY TERRENCE R. WHITE** FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com July 21, 2000 William G. Berg, Jr. MERIDIAN CITY CLERK 33 East Idaho Meridian, Idaho 83642 Re: HERON BROOD SUBDIVISION FINAL PLAT BY: PINNACLE ENGINEERS Dear Will: ,RECEIVEj~ ~~~ ~ s zooo CITY OF MERIDIAN CITY CLERK OFFICE Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning, Public Worlcs and attorney's office. If you have any questions, please give me a call. Very truly yours Wm. F. Nichols NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653-0247 TEL (208) 466.9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE msg/Z:\Work\M\Meridian 15360M\Heron Brook CUP and PP\BergFPOrdAppro.ILTR ~'~. _ {'',. BEFORE THE MERIDIAN CITY COUNCIL 07-20-00 IN THE MATTER OF THE APPLICATION OF PINNACLE ENGINEERS FOR APPROVAL OF FINAL PLAT OF 37 BUILDING LOTS AND 3 OTHER LOTS ON 3.98 ACRES FOR HERON BROOD SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF MERIDIAN ROAD CASE NO. FP-00-011 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT AND BLUE HERON LANE, MERIDIAN, IDAHO This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on July 18, 2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Engineering Technician III, listing 13 General Comments and 19 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERON BROOD SUBDIVISION (FP-00-011) 1. The Final Plat of "HERON BROOD SUBDMSION" as evidenced in Plat bearing the date received by the City Clerk JUL 12 2000, Sheet 1 of 2, Drawing No. C996218FP, by Pinnacle Engineers, Inc., Developer, and the Final Plat of "HERON BROOD SUBDMSION", is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freclcleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated July 12, 2000, listing 13 General Comments and 19 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A", and consisting of five pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 The City Council, at their July 18, 2000 meeting, approved to incorporate the following language to the Staff comments, dated July 12, 2000, under General number 1 as follows: The Applicant shall not be required to the the Jackson Drain as this area will have pathway coursing through it. 1.2 Fire Chief, Kenny Bowers, requires that all common lots will need to be kept clear of trash and weeds, and that all codes will need to be met. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERON BROOD SUBDIVISION (FP-00-011) 2 1.3 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.3.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.3.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERON BROOI< SUBDIVISION (FP-00-011) 3 2. The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. By action of the City Council at its regular meeting held on June 6, 2000. By: BERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, the Public Works Department, and the City Attorney. ``1`~~~,y~+OF"M'l~~,,~ ~~P' .~ ~'~ ~~ji ~~ ~.. T ~• By: ~ ~ Dated: 7' ~ ~~~ ~ ~~ ~~ City Clerk ~~+,AL ~ ~,"' msg\Z:\Work\M\Meridian I5360M\Heron Brook CUP and PP\OrderFP ~%, /~ ~~ ~ r ~S~(• •,C 9 ~ ~~ ~~ ~t ~/ ~ ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR HERON BROOD SUBDIVISION (FP-00-011) 4 s /1, rti. Engineers , Inc . TO: Shari Stiles, P & Z Administrator Bruce Freckleton, Assistant to City Engineer 200 E. Carlton, Suite 201 Meridian, Idaho 83642 DATE: July 13, 2000 RE: Heron Brook Townhomes Subdivisions I have reviewed your staff report dated July 12, 2000 and have the following comments: GENERAL REQUIREMENTS We concur with items 1 - 13. SITE SPECIFIC REQUIREMENTS 1. We concur. Construction drawings reflecting this requirement will be provided. 2. We concur. Construction drawings reflecting this requirement will be provided. 3. We concur and will coordinate locations with Public Works Department. 4. Pressurized irrigation will be provided to all landscape areas via Nampa-Meridian lrrigation system to the east of the site. Secondary supply will be provided from existing on site well. 5. Fencing and pathway construction details will be coordinated with staff and provided to comply with this requirement. 6. Swales and/or seepage beds (if feasible) will be used for drainage. Discharge to the Jackson Drain at pre-development rates has been approved. We will coordinate with the district and staff for final approval of the drainage system. 7. We will comply. 8. Reflected on the revised plat drawing. 9. Reflected in the notes section of the revised plat drawing. 10. Any drainage swales within the planting strip will comply with this requirement. The landscape plan will be revised to reflect any changes. 870 NORTH CINDER SUITE B ~ MERIDIAN, IDAHO 83642 ~ (208) 887-7760 ~ FAX (208) 887-7781 11. We will comply. 12. A maintenance building will be provided on Lot 25, Block 1 (the clubhouse lot). 13. We concur. 14. In that access to all lots is provided via common driveways, street names should not be required. These driveways should be compared to the driveways provided within apartment complexes and not considered as streets. 15. Change reflected on the revised plat drawing. 16. Change reflected on the revised plat drawing. 17. Encroachment agreement will be provided. 18. All changes to the notes are reflected on the revised plat drawing. 19. Signature page has been provided. We appreciate staff's review and cooperation on this project and ask your consideration on specific items addressed above. Our surveyor is on vacation until Monday, July 17, 2000. Upon his return, I will provide a stamped copy of the revised plat. 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ATTENTION: BOB UNGER DRAFT COMMENTS MEMORANDUM: TO: Mayor and City Council FROM: Shari Stiles, P&Z Administrator Bruce Freckleton, Assistant to City Engineer July 12, 2000 SUBJECT: Request for Final Plat for HERON BROOK TOWNHOMES SUBDIVISION - 37 Townhouse lots, 1 Common Clubhouse Lot, and 2 Common Lots for the Private Drive and Landscaping. 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. Any existing irrigation/drainage ditches intersecting, crossing, or lying adjacent and contiguous shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty-watt and 100-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. 4. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. FP-00-01 I HERON13R0 ~"~ Mayor & Council July 12, 2000 Page 2 /'1 5. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 7. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public and in accordance with City Ordinance. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 10. Submit a "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 11. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 12. All construction shall conform to the requirements of the Americans with Disabilities Act. 13. Please respond in writing to each of the comments contained herein, both General and Site Specific, prior to the July 18, 2000 meeting of the Meridian City Council. SITE SPECIFIC REQUIREMENTS Sanitary sewer service to this site shall be via extensions from the existing main that was stubbed out to Blue Heron Lane at the time sanitary sewer was installed in Meridian Road. Applicant will be responsible to construct the sewer mains to and through this proposed development, i.e. along the entire frontage of Blue Heron Lane. 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 shall be via extensions from the existing 10-inch diameter main that was stubbed out to Blue Heron Lane at the time water mains were installed in Meridian Road. Applicant will be responsible to construct the water mains to and through this proposed development (i.e., along the entire frontage of Blue Heron Lane. FP-no-oi i HERONBRO '"~ Mayor & Council July 12, 2000 Page 3 Subdivision). Designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. Two-hundred-fifty- and 100-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. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 5. No details of the type of fencing proposed are shown on the landscape plan, which must be approved by the Planning & Zoning Department. The fencing locations shown along Meridian Road are unacceptable, as they are within the 35-foot-wide landscaped setback. Also include construction details of the pathways. Staff will coordinate with the applicant's representative on the landscape plan. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 6. The soils investigation report submitted with the preliminary plat application indicates that groundwater was encountered at some fairly shallow depths within the project site. From the information contained in the report, the opinion of the reports author would project depths to seasonal high groundwater across the site from ±5.5 feet to ±1.0 feet below existing ground surface. With this shallow depth, it is highly unlikely that a sub- surface drainage system would be a feasible design alternative. The City of Meridian requires a minimum three feet of clearance from the bottom of a seepage bed to the normal high ground water elevation. 7. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high ground water. 8. Revise the plat to show a 40-foot roadway section throughout the project. As zero front setback lines for carports were approved for the project, it is important that the 40-foot roadway be shown to include the five-foot-wide sidewalks on each side of the roadway. 9. Clarify al] setback requirements on the final plat, indicating minimum rear setbacks of five feet, zero side lot lines, that zero front lot lines are permitted for carports only and PP-00-01 I I-IERONI3K0 Mayor & Council July 12, 2000 Page 4 that the actual building setback is 20 feet. 10. Drainage swales will not be approved within the planting strip adjacent to Meridian Road unless they are fully vegetated and designed to accommodate the required trees. 11. Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for a Certificate of Zoning Compliance. Trash enclosures must be screened on at least three sides per City Ordinance. 12. A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas owned by the neighborhood association. 13. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 14. No street names are shown on the plat, and these names must be approved as part of the final plat. 15. Add N. and E. designations to street names. 16. The line representing the right-of-way line of Meridian Road and Blue Heron Lane should be a solid line, like that of the lot lines of the private road. Delete the roadway right-of- way designation from the legend. 17. An encroachment of 1.5 feet is shown along the Jackson Drain. Provide an executed copy of the encroachment agreement with Nampa-Meridian Irrigation District prior to signature on the final plat. 18. Add, delete or modify the following notes: Modify this note to indicate actual setbacks approved as part of the conditional use permit. 2. ...at the time of the re-subdivision, or as allowed by conditional use. FP-oo-o i i HrRON13R0 Mayor & Council July 12, 2000 Page 5 3. ...over the ten feet (10') adj acent to u :;~ Yuh~;z~~~ Lot 40, Block 1. 4. Delete this note and comply with the requirements of the Joint Utility Trench Coordinator to graphically depict required easements on the final plat. 5. Add instrument number to this. 6. Add "A blanket easement is hereby granted over said lot for public utilities." 15. Add note regarding encroachment agreement terms and Instrument Number of said agreement. 16. Add note to indicate minimum house size is 888 square feet. 19. Please provide a copy of the back page to the Public Works Department for review. FP-00-01 I HEKONI3R0 HUB OF TREASURE VALLEY ,/! ;n,~ Rob rtAD.~Corrie A Good Place to Live ~`~ V ~ ~/l% ~1TY ~oUN~~L MEMBERS CITY OF MERIDIAN ~ " ~~ ~' Ron Anderson 33 EAST IDAHO (J „ _~~ ~ j ~ Keith Bird MERIDIAN, IDAHO 83642 t `J~/~ t(~ Tammy deweerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax 208) 888-4218 ~'~q T-~q ~ y~• ~ (208) 884-5533 • Fax 888-6854 R 1N:J' V .E Jul ~ 2 200 July 12, 2000 MEMORANDUM: -vITY OF MERIDIt~ TO: Mayor and City Council ~~- FROM: Shari Stiles, P&Z Administrator Bruce Freckleton, Assistant to City Enginee SUBJECT: Request for Final Plat for HERON BROOK TOWNHOMES SUBDIVISION - 37 Townhouse lots, 1 Common Clubhouse Lot, and 2 Common Lots for the Private Drive and Landscaping. 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. Any existing irrigation/drainage ditches intersecting, crossing, or lying adjacent and contiguous shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty-watt and 100-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. 4. Off-street parking shall be provided in accordance with the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. Paving and striping shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. FP-00-011 Heron Brook Townhomes Sub.FP.doc Mayor & Council July 12, 2000 Page 2 6. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 7. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public and in accordance with City Ordinance. 8. All signage shall be in accordance with the standards set forth in the City of Meridian Zoning and Development Ordinance. No temporary signa.ge, flags, banners or flashing signs will be permitted. 9. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 10. Submit a "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 11. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. 12. All construction shall conform to the requirements of the Americans with Disabilities Act. 13. Please respond in writing to each of the comments contained herein, both General and Site Specific, prior to the July 18, 2000 meeting of the Meridian Ciry Council. SITE SPECIFIC REQUIREMENTS 1. Sanitary sewer service to this site shall be via extensions from the existing main that was stubbed out to Blue Heron Lane at the time sanitary sewer was installed in Meridian Road. Applicant will be responsible to construct the sewer mains to and through this proposed development, i.e. along the entire frontage of Blue Heron Lane. 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 shall be via extensions from the existing 10-inch diameter main that was stubbed out to Blue Heron Lane at the time water mains were installed in Meridian Road. Applicant will be responsible to construct the water mains to and through this proposed development (i.e., along the entire frontage of Blue Heron Lane. Subdivision). Designer to coordinate main sizing and routing with the Public Works Department. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at FP-00-011 Heron Brook Townhomes Sub.FP.doc r Mayor & Council July 12, 2000 Page 3 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. 4. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. If City water is proposed as a secondary source, developer shall be responsible to pay water assessments for the entire common open area. 5. No details of the type of fencing proposed are shown on the landscape plan, which must be approved by the Planning & Zoning Department. The fencing locations shown along Meridian Road are unacceptable, as they are within the 35-foot-wide landscaped setback. Also include construction details of the pathways. Staff will coordinate with the applicant's representative on the landscape plan. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 6. The soils investigation report submitted with the preliminary plat application indicates that groundwater was encountered at some fairly shallow depths within the project site. From the information contained in the report, the opinion of the reports author would project depths to seasonal high groundwater across the site from ±5.5 feet to ±l .0 feet below existing ground surface. With this shallow depth, it is highly unlikely that asub-surface drainage system would be a feasible design alternative. The City of Meridian requires a minimum three feet of clearance from the bottom of a seepage bed to the normal high ground water elevation. 7. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline finish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high ground water. 8. Revise the plat to show a 40-foot roadway section throughout the project. As zero front setback lines for carports were approved for the project, it is important that the 40-foot roadway be shown to include the five-foot-wide sidewalks on each side of the roadway. 9. Clarify all setback requirements on the final plat, indicating minimum rear setbacks of five feet, zero side lot lines, that zero front lot lines are permitted for carports only and that the actual building setback is 20 feet. 10. Drainage swales will not be approved within the planting strip adjacent to Meridian Road unless they are fully vegetated and designed to accommodate the required trees. FP-00-011 Heron Brook Townhomes Sub.FP.doc Mayor & Council July 12, 2000 Page 4 11. Applicant shall coordinate trash receptacle locations and construction requirements with Meridian Sanitary Service Company and provide a letter of approval from their office prior to applying for a Certificate of Zoning Compliance. Trash enclosures must be screened on at least three sides per City Ordinance. 12. A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas owned by the neighborhood association. 13. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments, and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 14. No street names are shown on the plat, and these names must be approved as part of the final plat. 15. Add N. and E. designations to street names. 16. The line representing the right-of--way line of Meridian Road and Blue Heron Lane should be a solid line, like that of the lot lines of the private road. Delete the roadway right-of- way designation from the legend. 17. An encroachment of 1.5 feet is shown along the Jackson Drain. Provide an executed copy of the encroachment agreement with Nampa-Meridian Irrigation District prior to signature on the final plat. 18. Add, delete or modify the following notes: 1. Modify this note to indicate actual setbacks approved as part of the conditional use permit. 2. ...at the time of the re-subdivision, or as allowed by conditional use. 3. ...over the ten feet (10') adjacent to a~ ~~~~et Lot 40, Block 1. 4. Delete this note and comply with the requirements of the Joint Utility Trench Coordinator to graphically depict required easements on the final plat. 5. Add instrument number to this. 6. Add "A blanket easement is hereby granted over said lot for public utilities." FP-00-011 Heron Brook Townhomes Sub.FP.doc ,~, Mayor & Council July 12, 2000 Page 5 15. Add note regarding encroachment agreement terms and Instrument Number of said agreement. 16. Add note to indicate minimum house size is 888 square feet. 19. Please provide a copy of the back page to the Public Works Department for review. FP-00-01 I Heron Brook Townhouses Sub.FP.doc HUB OF TREASURE [/ALLEY ~ MAYOR Robert D. Come A Good Place to Live CITY COUNCIL MEMBERS Y OF MERIDIAN Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4133 • 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-'"' I t • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 384-5533 • 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: July 12, 2000 Transmittal Date: June 15, 2000 Hearing Date: July 18, 2000 File No.: FP 00-011 Request: Final Plat approval of 37 building lots and 3 other lots on 3.98 acres for Heron Brook Townhomes By: Pinnacle Engineers Location of Property or Project: northeast corner of Meridian Road and Blue Heron Lane Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P2 ** Richard Hatcher, P/Z ** Keith Borup, P2 ** 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 (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen • 26 PP/FP/PFP - 24 AZ - 27 " no FP RECE/i~ED JUN 2 0 2000 Meridian City _r _ ` ~ ~~ ~ ~x ; '~ ~~ -~~, Water Superintenderr~ ~ °~~"~~ J N 2 2 2000 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 Counter (Annexation) Your Concise Remarks: CI1~ ~'~ lfi~14~ L:~`t MAYOR .-~. r HUB OF TREASURE VALLEY Robert D. Cowie A Good Place to Live LEGAL DEPARTMENT CITY COUNC CITY OF MERIDIAN `208' 288.2499 • Fax 288-2501 IL MEMBERS Ron Anderso^ 33 EAST IDAHO PUBLIC woRKs BUILDING DEPARTMENT Keith Bird IVIERIDIAIV, IDAHO 83642 (208) 887-'211 • Fax 887-1297 Tammy deweerd (208) 888-4433 • Fax (208) 887-4313 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 388-4218 DEPARTMENT (208) 884-533 • 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: July 12, 2000 Transmittal Date: June 15, 2000 Hearing Date: July 18, 2000 File No.: FP 00-011 Request: Final Plat approval of 37 building lots and 3 other lots on 3.98 acres for Heron Brook Townhomes By: Pinnacle Engineers Location of Property or Project: northeast corner of Meridian Road and Blue Heron Lane 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 (no C/C only) Building Department Fire Department 1,:,~ Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 '• no FP 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) .~ ~~ ~ 2 ~ zees Fr . - ~ Y4+ '~~ / -. ~a> ~ ti i .,....... ~.:i .:~:lti r~ CENTRAL •• DISTRICT 'HEALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: JUN 2 3 2000 Rezone # ~ ~ :~ ~ -~~ Conditional Use ## Preliminary /Final .Short Plat ~~~ ~G~ -- ~~/f ^ Boise ^ Eagle ^ Garden City ,Meridian ^ Kuna ^ ACZ ^ 1. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 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 ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After wr'tten approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Divisi f Environmental Quality: entral 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. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 14. ~/ ~ ~~-'~ .~~~.~'lr~z~~ ~ ~'.~-ter ~ ''~.`.~' Date: ~l1 ~ l C~~ 'E`` ~ ~'~ « ~~ ~ Reviewed By: ~~~~~~~ CDHD 10/91 rcb, ~. ii9i Review Sheet - .~., _ .-~. CENTRAL •~ DISTRICT ~1"HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARNISTROr`JG?L. ~ 9CISE. ~083iQa-0825 ~ (209) J75-~_'f ~ ~ ~,,;t ~~;-.,~~~,~ Tu prevent[ and treat disease mrd disability; fu pr•untute lrea!!lry hfestyfes; mld lu protect arrd prunurte lkc Irea![!r and quality uJ~uur cm•ironnrcra. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a gassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design 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 Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormtivater Best ~l~lanagement Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Servirto valley, .Elmore, Boise, and,4da Coutzties Ada /Boise County Office 707 N Armsrong ?L 3o~se. iD 83704 _nvuo. Nea!th: 327-7x99 amity Planning: J27.7400 :m,munizarions. 327-7450 Senor Nutrition: J27-7460 ~'nC 32?-7488 =~X J27.8.5C0 Ada-WIC Satellite Office Elmore County Office .506 Rcoerf Sr 520 E. 8th Stroer rl. 3oise, i0 33705 Mountain ycme. D 133647 Pn. J34-JJ55 Enviro ~!eairn 587-9225 SAX: J,4-J355 Family Hea!rh Sd7-4407 WIC: 58 7-440' FAX:Sd7-J52! Vclley County Oftice 7CJ N l; ,_, P O 3C~ i ~4C - ancCall. ~D 93638 Pn. 634-7 i 9:.' FAX534-?1'd MAYOR t.. HUB OF TREASURE VALLEY ~ Rober[ D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCI CITY O~ MERIDIAN B ,SOI ('08) L MEMBERS PUBL C WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-221 t • Fax 887-(2<)7 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 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: July 12, 2000 Transmittal Date: June 15, 2000 Hearing Date: July 18, 2000 File No.: FP 00-011 Request: Final Plat approval of 37 building lots and 3 other lots on 3.98 acres for Heron Brook Townhomes By: Pinnacle Engineers Location of Property or Project: northeast corner of Meridian Road and Blue Heron Lane 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 (no C/C only) ~` Building Department _ lu' Fire Department Police Department City Attorney City Engineer City Planner Your Concise Remarks: _ Meridian School District ** _ Meridian Post Office (FP/PP) Ada County Highway District _ Community Planning Assoc. _ Central District Health _ Nampa Meridian Irrig. 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) t~ ~ 2 C~ -~ Gen - 26 PP/FP/PFP - 24 AZ - 27 •' no FP ~~ cti~,~ INTER-OFFICE MEMO Right-~f-Id~ny ce Development Depnr7naent May 14, 2001 Planning & Development Division To: ACHD COMMISSION 3~ECEIVED From: Planning & Development !'':~Y ~ 8 2~~9 Subject: Final Plat: Heron Brook Townhomes ICIfiYOF~IE~IAhT Meeting Date: May 23, 2001 FACTS & FINDINGS: 1. Heron Brook Townhomes is a 37-lot Residential subdivision on 3.98-acres. This site is located on the north east corner of Meridian Road and Blue Heron Lane. 2. The preliminary plat was approved on March 1, 2000. All conditions of the preliminary plat has been satisfied. RECOMMENDATION: 1. Approve the final plat of Heron Brook Townhomes and authorize the President to endorse. SUBMITTED BY: DATE GF COIVIPJIISSION APPP.OVAL PLANNING & DEVELOPMENT STAFF N = < ~ N < ~ ~T ~ ~~9~ ~ ~~ ~g8~ ~~~ ?.~6 0 ~~~ ~ ~~ ~N~~Ig~ 0~~~~ n ~~ ~10 ~ ~ ~ ~ ~ $~ ~~~ J ~ ~~ ~ ~~ ~$ ~`~~~~ ~ f ,10~~W 2 I ~C ~~Yud1~ ~~~PI °! ~ 3 ~ ~ ~ ~ Wn~ ~~ ~ ~ ~ Usi p~ Kag 3 3 ~ Nc4iU ~~ ~ ~ ~ N =W_ ~ ~ ~ ~ Z N ~ W ~ < ~ O'~ ~ ~ PIm NP R ~,p e < W W~ ~ W E~NO NO ~O N ~~~ ~ 99 W I C V yW Z Y > 7 ~ Y Y V j FY? Z m ~ ~ r ~ ¢ ~ ain~ o O O N~ N~ ~ ~ 33 W ~ ~j > ~ i` ~ W E ~~~~~ ~ ~ ~ ~; ~ t ~~ ~~~5~.. i~ l I N ~ p. 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I ~ "~I: I x A gl~ ~ x ~I w o Cy+ ~ ~~ ~~ I I ~~ ro~a S~ k~Q~~ I ' ~~ ~ ••'~iV ~Y8~ ~' h rJ .M'LZ ~ ~~ / 3~ v t ~ a~ ~;arm Y I >a i °~~p Rg ~~ rsiq,~4~ FW `g ri I ~_a $' •1r°r+~ 8 Sad ~ ~r 7 "~ e~ ~ 6 ~~M ~- -L ~ f9'M 9YLZ ~ IS$ ~ ,9L9LZ 1ri.atppl J ~ t~ /~ -' ~ '----L- ~ --------- - 1 uva 3,rt.awoa g ~lra_~~y M+au7~~~aur.Nma area Io 133i aovt Mgmmvy (,8Z'859Z) ,£Z'8S9Z M„£Z,91AOS 'JNW1~38 ~0 SI51'8 (IV02I l~IQI2I~~ - •N ~ f--------- . .~xf..~,.~ ~~ i ~ . ~ ~ 7 F-1 ~..~ ~ .,, y F~+-I fs1yA 0 N 0 1 A v N Z i~ o~c = OH o ~~ ~~ ~~ s ~o ~r \ N ~p x N U r~ ~ _ s .. 300 0 300 600 900 1200 1500 Feet [~ S3n1w01 Stseg ~ S3n1e06 .~ O~N~ i ~~f HERON BROOK TOWNHOUSES PINNACLE ENGINEERS, INC. 870 N. UNDER RD, STE B, MERIDIAN, IDAHO 83642 PH (208) 887-7760 FX (208) 887-7781 PRC~ECT~#C DATE 9/1/99 ~~ RECEIVJEI~ FEB - 9 2001 CITY OF MERIDIAN r~ia & ~~vudiac~ ~n~tigat~oat ~w,0uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 John Carpenter Pinnacle Engineers, Inc. 12552 W. Executive Dr. Boise, ID 83713 Re: Heron Brook Townhomes Dear John: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District have reviewed the revised plans for the above- mentioned project. The storm drainage appears to flow east and west; the drainage that flows to the west is acceptable however the flow to the east must go through a sand and grease trap. Most of the storni drainage is retained on site iu drainage swales, all return drainage must flow through a sand a grease trap and the orifice in the drainage Swale must have some kind of protection around it. Also, the pathway must be changed to a maintenance road for the Nampa & Meridian Irrigation District. Once the above-mentioned changes are complete, you will need to contact the District's attorney, Bryce Farris at 342-4591 and ask that he prepare a License Agreement to be presented to the Districts Board of Directors for final approval. All work within a Nampa & Meridian Irrigation District facility must be complete before March I5, 2001. Please feel free to contact me if you have any questions. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: rile Board of Directors Secre4lry-Treasurer Water Superintendent Ringers Clark Chartered - B. Farris Sharp 8r. Smith, hrc., - J. Sharp City of Meridian Ada County Highway District APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 February 6, 2001 ... ** TX CONFIRMATr~,~ REPORT ** AS OF FEB 09 '01 1/37 PAGE. 01 CITY OF MERIDIAN 30 31 DATE TIME TOiFROM 02109 17 35 PUBLIC IJORKS 02109 17 36 LEGAL DEPARTMENT MODE MINiSEC PGS CMD# STATUS OF--S 00'14" 001 031 OK EC--S 00'28" 001 031 OK RECEIVED FEB - 9 2001 CITY OF MERIDIAN ~~~~4G~ ~ _Ifl1LG y~e~~L41~L L~Gd~ZIC~ February 6, 2001 John Carpenter Pinnacle Engineers, Inc. 12552 W. E>;ccutive Dr. Boise, ID A3713 Re: Heron Brook Townhomes Dear John: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208.463-0092 Phones: Arco Code 208 OFFICE: Nampa 466.7861 SHOP. Nampo 466.0663 The Nampa & Meridian irrigation District have reviewed tl)e revised plans for the above- mentioned project. The storm drainage appears to flow east and west; the drainage that flows to the west is acceptable however the flow to tl)e east must go through a sand and grease trap. Most of the stone drainage is retau)ed on site in drainabc swales, all rctun) drainage must flow through a sand a grease trap and the orifice in the drainage swalc must have some kind of protection around it. Also, the pathway must be changed to a maintenance road for the Nampa & Meridian irrigation District. Once the above-mentioned changes are complete, you will need to contact the District's atlomey, Bryce Farris at 342-4591 and ask that he prepare a License Agreement to be presented to the Districts Board of Directors for final approval. All work within a Nampa Rc Meridian Irrigation District faci]ity must be complete before March l5, 2001. Please feel free to contact me if you have airy questions. Sincerely, ~I!/ ~/~~ Bill Henson, Asst. Water Superintendent NAMPA & MER1D[AN IRRIGATION DISTRICT BH: dln Cc: File 13oui1 of Uirectors Secretary-Treaxurcr Water S+ryerinlclxhnt Itingert Clerk Charier~d- T3. l~artis Shnry & $miUt ino,. -1. Sharp City of MtridiarT Ada County HiglTw+ry pistrict APFRO>(IMATE IRRIGABLE ACRES RIVER FLOW RIGIiTS • 23.000 BGaSE PROJECT RIGHTS • 40,000 ** TX CONFIRMATt~nJ REPORT ** AS OF FEB 09 '01 17 41 PAGE. 01 CITY OF MERIDIAN 04 DATE TIME TO/FROM 02109 17 40 208 888 6854 MODE MIN/SEC PGS CMDk# STATUS EC--S 00'23" 001 031 OK RECEIVED EEB - 9 2001 C1fiY OF MERIDIAN February 6, 2001 John Carpenter Pinnacle Engineers, Inc. 12552 W. Eaccutive Dr. Boise, ID $3713 Re: Heron Brook Townhomes Dear John: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208463-0092 Phones Arco Code 208 OFFICE: Nampa 466-7861 SHOP. Nampo dbb-0663 The Nampa & Meridian irrigation District have reviewed the revised plans for the above- mentioned project. The storm drainage appears to tlow east. and west; the drainage that flows to the west is acceptable however the flow to the east must go through a sand and grease trap. Most of the storm drainage is retained on site in drainage swales, all return drainage must flow through a sand a grease trap and the orifice in the drainage swalc must have some kind of protection around it. Also, the pathway must be changed to a maintet)ance road for t1)e Nampa & Meridian Irrigation District, Once tl)eabave-mentioned changes are complete, you will need to contact the District's attorney, Bryce Farris at 342-4591 and ask that he prepare a License Agreement to be presented to the Districts Board of Directors for final approval. All work within a Nampa k Meridian Irrigation District facility must be complete before March I5, ZQOI . Please feel free to contact me if you have airy questions, Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION D15'I'R1CT 13H: dlu Cc: rile Hoard oC Directors Scerttary-Trcnvurer tauter Superinl~rodcrtt Itingert Clor): L'harleret! - C3, Danis Sharp & Smith Inc.. - J. Sharp City oCMaridian Ada County Highway District APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGIiTS - 20,000 BOISE PROJECT RIGHTS - e0,000