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Pintail Pointe Subdivision PP 00-001~-~, ~ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Cit C il M b CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501 y ounc em ers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT (208)884-5533 • Faa 887-1297 TRANSMITTA L TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sz Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 15, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: PP-00-001 REQUEST: PRELIMINARY PLAT OF 3.68 ACRES FOR PROPOSED PINTAIL POINTE SUBDIVISION BY: JEFF MANSHIP LOCATION OF PROPERTY OR PROJECT: SOUTH SIDE OF CHERRY LANE EAST OF BLACK CAT ROAD TAMMY DE WEERD, 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 CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: r-4 ... AUG it '98 16 35 FR PUBLIC WORKS 2088871297 TO 3440574 REQUEST FOR SU$DMSION APPROVAL I.AT AND/OR I,pT PLANNING AND ZONING COMMY55YON FOR SUBMIS5YON: P.01i12 F ~ ~~~ PP ,oo' oo~ A request for preliminary plaz approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning dt Zoning Commission. The Planning and Zoning Commission will hear the request az the monthly meeting following the month that the request was made. Af ~r a proposal enters the process it rr~:y be acted upon az subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORII~ATION 1. Name of Anae~cation ~ Subdivision: ~~ Vl`t~ ~~I yf~'~ ,v + 2. General Y.ocation: 5..,4-~d,cr ~ C~.~ . P~.S-~- B c, ~-f~ i~ . 3 • Owners of Record:.. P ~%~ M ,s ,,., < t~ ' . _ • ..+w wo. -+ .j ~ ~ w, C Y -r (~ ,Zip ~ ~ 4Z Telephone B8R -3gt{~3 4. Applicant: 5,a~.P Address: ,Zip Tele hone S. l~.ngineer: J . J . N-a cya..~'d p Firm: J..i . ~-nu~o.,,~) 6. Name and address to receive City billings- Name: ; r'P..f;,~ M ~< h ~~, Address~w~. ~ Telephone PR ARY PLAT CHECKLIST: Subdivision Features 1. Acres:3.6g Z. Number of building lots: I ~ 3. Number of other lots: -A- 4. Gross density per acre: 2.9GI s• Net density per acre: 4s ¢ f>. Zoning Classi$cation(s?:_~ ¢ ' ~• If the proposed subdivi: ion is outside the Meridian Cit ,jurisdictional mile, what is the exist' y Lin>its but within the g, m8 zoning c ificazion? ~-3 Cf~cc~c~r.~ ) Does the. plat border a p~~tential Veen beH? 9. Have recreational easements been,arovided for? o 10. Are there proposed rccrcational amenities to the City? p Explain w w z c~ z W z J N Z O V D O 2 ^ ^ M o~ _N et M .-. 0 N X 0 0 N ... 0 ti O Q O m W H N O O J J_ 2 ti cc r November 24, 1999 P & Z Commissioners City of Meridian City Hall 33 E. Idaho St. Meridian, Idaho 83642 RE: PINTAIL POINTE SUBDIVISION Dear P & Z members, Attached is the package for a preliminary plat, annexation, and rezone submittal package fora 3.68-acre parcel of land located on the south side of Cherry Lane, opposite Golf View Estates. The owner/developer is Jeff Manship who currently lives on the site. The parcel is somewhat narrow and lends itself to development of lots that can accommodate side-load garages (more than %2). We have provided a stub street to the south boundary of this development and propose taking access from Cherry Lane by way of English Gardens Subdivision, said subdivision abutting the west boundary line of Pintail Pointe. We will be tying into the proposed sanitary sewer, water, and hopefully, pressurized irrigation system being constructed in the first phase of English Gardens. A 20' wide landscaped area will be constructed abutting the right-of--way of Cherry Lane, with the underlying lot owner responsible for maintenance. The following statements can be made regarding this project: streets will be constructed to the standards as required by the ACHD and Meridian Ordinance and the traffic impact on existing, adjacent roadways and intersections will be no more than that normally generated when a new development is constructed. The proposed use is in conformance with the City of Meridian Comprehensive Plan. The development will connect to City services. The development will comply with City Ordinances. Street names will not conflict with the City grid system. With regards to easements: a 10' public utilities and street light easement along lines common to a public road. A 10' irrigation easement along the subdivision boundary. A 5' drainage easement adjacent to common lot lines. A variance will not be requested for this development. We look forward to meeting with you and answering any questions or concerns you might have. Thank you for your time and consideration. Sincerely, Howard, P.E./L.S. ttiUU 11 ' 7t7 1 O • ,)J r K 1'U27L 1 L WUKKJ CYJCCC f 1 C7 f 1 U .~N4rJJ ! ~i t' . rlt~ 1 C ~ ~ 11. Are there proposed dedications of common areas? ~D Explain For future parks? I~l n Explain 12. What school(s) service the area? " 2_. I~P.t.i~,i~M ,F4.S.Do you propose any agreements for future school sites? Explain 13. Are there any other proposed amenities to the City? Explain 14. Type of Building (Residential, Commercial, Industrial or combination)::~5 ^rzi, 15. Type of DweIling(s) (Single Family, Duplexes. Multiplexes, other): P~- ~. 16. Proposed Development features: a. Minimum square footage of lot(s): 8/ Z 0 b. Mirurnuin square footage of . cture(s): ~~"Of~ c. Are garages provided for?P. S Square footage: ~~O d. Has landscaping been provided for? Describe: c. Will trees be provided for? W' frets be maintained? £ Are sprinkler systems provided for? ~'~'S g. Are there muhiple units? ~ Type: h Are there special set i. Has off street parking been j. Value range of property:~.30/, - ~ ~~K k. Type of financing for development: ,~-ty~c.~ 1. Were protective covenants submitted? P Date; 17. Does the proposal land lock other property? Does it create Encla STATEMiENT~ OF COMPLIANCE: I. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewallcs will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plata. 3. Development will connect to City service. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-644 B PRE-APPLICATION MEETING Th,e developer shall meet with the Administrator prior to the submission of the Preliminary Development Pls.n. The purpose of this meeting,is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to fanniliarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed 2 P. 02 DESCRIPTION FOR ANNEXATION FOR PINTAIL PDINTE SUBDIVISION JEFF MANSHIP A parcel of land being a portion of the NE'/4 NW '/. of Section 10, T.3N., R 1 W., B.M., Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the Brass Cap marking the corner common to Sections 4, 3, 10, and 9, T.3N., R 1 W., R.M., Ada County, Tdaho; thence, 5.89°40'23 "F,. 1322.58 teet to a 5/8" iron pin marking the West 1/16 corner common tc~ said Sections 3 and 10; thence, 5.89°40'23 "E. 1.11 feet along the line common to said Sections 3 and t 0, which i9 also the centerline of Cherry Lane to the point ojbeginntng; Thence continuing along said lines, 5.89°40'23"E. 203.46 feet; Thence, S.00°06'09"E. 396,29 feet; Thence, S.89°41'01 "E. 124.00 feet; Thence, 5.00°06'09"E. 266.34 feet; Thence, 5.89°40' t 9"E. 4.00 feet; Thence, 5.00°39'41 "W. 3.53 feet; Thence, N.89°40'23"W. 332.75 feet; Th,~ncc, N.OQ°Ol' 16°'E. 666.09 feet to the point ~f bexinning, said parcel containing 3.89 acres. OVAL. i~4~ftI01AN PURUC WORKS DEPT. ~,~QI ~..Sca ~ Q-Er-~ ~.-~ ~s 1~ ,~~-~ecl,. w~ cal 1..1 Ok , ~o K.re~t-e-/ `~'~,.a +~ ~S q Per-~-; u.~. ~Y ~'ln-!. 1"`~,r•s~~ a Pro,~C'~~ ~1'L~c~k wav (dL b~ DEC 13 '9g 1502 P~rC fa -r . ~~ .~ ' J .... ~. ri~ *St ~A,, - - ~1Fi$~ At~ltn~U~; -. L, e 4 e A r~~ ~ [`_ l t r'. WARRANTY DEED '96 SAP ~. l'4'1 ~ t1`! For Value Received ~ _ ~ L~~"~~"~'' FEE r~ ~ ; DeWaine A. Kuehl and Patricia A. Kuehl, Co-Trustees of the DeWaine A. and~P~t~t„a;a. Kuehl.. riist~~3~/9~ dated the 31st day of Qctober, 1991, and any amendments thereto hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto ~ ~ ~ d ~ ~ ~ ~. Jeffrc Manshi a sin le man ~ ~1 l ~ j ~'~ GQ•.. Y p~ S ~~ ;'~' ~~~} t1l.+ ~~~:: i:•~~. "tECORDi:.P. hereinafter referred to as Grantee, whose current address is ~- Q~.'~+1 ~. ti~,1~'~.~:~0 4375 West Cherry Lane, Meridian, ID 83642 the following described premises, to-wit: ~ 1R5~ SEE EXHIBIT "A" ATTAC}iED HERETO AND MADE A PART THEREOF. $O~S~t~~~.ti+~•A ~t~~,~•t1GRN .. F~E__-l--~ G~~'` To HAVE AND Td HOLD the said gremises, with their appurtenances unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee Simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and - easements visible upon the premises, and that Grantor will warrant and defend the same from al! claims whatsoever. Re-recording Warranty Deed to correct Dated: September 5, 1496. error in legal description. DeWaine A. Kuehl and Patricia A. Kuehl, Co-Trustees of the DeWaine A. and Patricia A. Kuehl Trust i3/T/A dated the 31st day October, 1991, and any amendments t reto DeWaine A..,K_uehl, Co-Trustee Patricia A. Kuehl, Co-Trustee~a~,,nFSer,~,~~ Zt r~+ T T Te Pr h?~ y i. "J yS..~ } eri" a ia` ~ iF ` $Q {'A v ., ~ r ~r rC .lf { t v ~ ~e '~~ O ~~ ~, ~.. U 'fit N .. 1K a ~ + a tt y +y s ,~ n w „ l.:.'B'~.' 6 n ~i f? t t b . ~ ~, nn a ,,,* ,ti R;. ^aa STATE OF` A ~ask~~-' ~ "`a~,f • A,. ~ ~~ , ,~ a `+Y. "'fhir~ ~iidiCiq~ ~lu~fit~~ ss• a'rcr~~®c~a ua'~~a~ E~H1y-T~-eF~ ) STATE OF IDAHO ) COUNTY Ol: ADA ON THIS 12TH DAY t7I' SEPTE~IIZ, 1996 BEFORE ME, A NOTARY PUBLIC IN AND F'OR SPATE, PEliSONALLY APPEARID PATRICIA A KLTEIR,, IQVOWN OR I)~IFIED TO NlE TO Bl THE PERSQIi1S WHOSE NAME'S ARE 5[7B.SCRIBE~ TO THE WITHIN INSTRCR~SENr A5 THE cJO--TRH Ol! THE DEWAINEA. ANA PATRICIA A. KUEEi TRUSTS AND ACKNOWLF~DGED TO ME THAT TH E~'lEb~ THE SAME AS SUCK 00-TRI3STEE. :/ ~ ~^, NoTAxY PUBLIC of IDIA}la RESIDI[~IG AT: BDISE, itaAHO COIrY~IISSIDN EXPIRES: 4/26/02 Qn This ~ ~ day of September, in the year 149G, before me, a Notary Public in and fur said State, persnnaily appeared Del'~'aine A. Kuehl ~ ' known or identi['ie to eta be the perso whose names aze subscribed to the within Instrument as the Truste of the DeW A. " ie~Ar-I4aeuek f Trust ,and acknowledged to me that they executed the same as sug~t'rustee. - - ~ otary Public of Idaho ~ esiding at ~~fgp~Q ~' i ~ ~`~C~.r ~ mmission expires: ~~~~(~ p ~~ • . G .First American Title Company of Idaho AES ,;, A ~~ Soil Evaluation ,,_, Evaluation Date .~,f 15/98 lti~:quested by Jeff Mansh~p Phone __ (208) 884-3843 or (541) 881-1258 Aad~°ess X375 W. Che rv Lane City Meridian State Idaho Zip Code 83642 Lot Size Bedrooms Parcel Legal Description Part of NWNW of Section 10, T3N RiW BM Ada County ID Slope 0-1~ Evaluated By Glen H. Logan, CPSS Pit TH 1 Pit TH2 0-11" Fine gravelly loam 0-12" Loam (1046 C), (1596 C), lOYR S/4, lOYR 3/3, many fine many fine and few and few medium medium roots. roots. 11-20" Weakly cemented 12-38" Loam (10% C), hardpan, very lOYR 4/4, very fractured, 5-1096 soil compact, strong material, lOYR 4/4, prismatic structure, common fine roots in common fine roots fractures. between prisms. 20-52" Weak to moderately 38-52" Gravelly loamy cemented hardpan, coarse sand (5 9b C), very fractured, few lOYR 3/4, common fine roots in fractures. fine roots. 52-74" Very fine sandy loam 52~$" Very gravelly loamy (5-10 % C), l OYR coarse sand (S % + S/4, few fine roots. C), lOYR 4/4, few fine roots. 74-126" ~ Extremely gravelly coazse sand, gleJ~ui 68-120" Extremely gravelly and mottled colors, no and cobbly coarse r~~• sand, variegated color, very compact, no roots. TH1 -Free water (water table) at 118" depth. Seasonal high groundwater appears to fluctuate within 74" of the ground surface TH2 -Free water (water table) at 90" depth. Seasonal high groundwater appears to fluctuate within 52" of the ground surface w` SSOCIATED EARTH SCIENCES "`C. BIOLOGY • ..cOLOGY • ENGINEERING • SOIL SURVEYS • SOIL A. _~ WATER QUALITY • RESOURCE PLANNING AND SITE INVESTIGATIONS 4696 Overland Rd., Suite 516 Boise, Idaho 83705 (208) 336-8661 January 16, 1998 Jeff Manship 4375 W. Cherry Lane Meridian, ID 83642 Dear Jeff: A soil characteristics and internal soil drainage investigation was performed on 1/15/98, on your property located in part of the NWT/.NWT/~ of Section 10, T3N, R1W, BM, Ada County. Two backhoe pits were examined to determine current and seasonal high groundwater depth, soil textures and colors (indicators of soil drainage class), soil structure and compaction, and depth of rooting (also an indicator of seasonal fluctuating water table level). The water table that occurs in the subject property area fluctuates in depth, seasonally. It is most extreme (deepest depth) in mid-winter through early spring (December -April), and at its most shallow level in late summer/early fall (mid-August to mid-October), after being recharged by the season's irrigation. My examination of the two backhoe test holes showed current free water de the water tablg) to be at 118" below the normal ground surface in pit T1-11, and at 90" in pit TH2. The date of examination, 1/15/98, should be at a time when the seasonal high groundwater has dropped to near its lowest (deepest) level. In pits TH1 and TH2, soil colors and mottles indicate that the seasonal water table can and usually does rise to within 74" and 52", respectively, in the late summer/fall time of year. Monitoring wells were installed in Both pits and water table levels should be read (ground surface to top of water in pipes) during the oncoming irrigation season on a weekly basis. If you have any questions about this report or if I can be of more assistance, please call me at (208) 336-8661, office; or (208) 375-7565, home. Sincerely, Glen H. Logan Certified Professional Soil Scientist cc: Lonny Fox Hubble Engineering, Inc. 9550 Bethel Ct. Boise, ID 83709 a~ 8 3Zti~1gZ • .• , ' ' -' EBHIBIT "A" FA-106471/8C Your No. KUEHL TRUST/MANSHIP R parcel of land being a portion of the Northeast quarter of the ~torthwest quarter of Section 10, Township 3 North, Range 1 West, Boise: Meridian, Ada Ccsnty, Idaho, and being Wore particularly described as follows: Commencing at a found Brass Cap marking the Section corner common to Sections 3, 4, 9, and 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 89.40'23" East 1322.58 feet along the north boundary of the said Northwest quarter of Section 10 to a set 5/8" iron pin marking the West One Sixteenth corner of said Section 10, said pin bears North 89°40'23" West 1322.51 feet from a found Brass Cap marking the North Quarter corner of said Section 10; thencQ continuing South 89.40'23" East 1.11 feet along said north boundary of the Northwest quarter of Section 10 to a point; thence South 0 ° 01' 16" Wast 44.93 feet to ~a aet •1/2" iron pin ;~l.Y:rking a point of the southerly right of way of Cherry Lane said pin also marking the REAL POINT of BEGINNING; thence South 89°41'01" East 203.46 feet along said southerly right of way of Cherry Lane to a set 1/2" iron pin; thence leaving said southerly right of way of Cherry Lane South 0°06'09" East 351.29 feet to a sat 1/2" iron pin; thence North 89°4I'01" Fast 124.00 feet to a set 1/~" iron pin marking a point on the east boundary of that certain parcel described under Instrument No. 8707411 and the west boundary of that certain parcel described under Instrument No. 574474, records of Ada County, Idaho; thence South 0°06'09" East 266.34 feet to a found 5/8" iron pin marking the Southwest corner of said parcel as described under InstrtnDent No. 574474, and the Northwest corner of that certain parcel as described under Instrument No. 9260788, records of Ada County, Idaho; thence South 89.40' 19" East 4.00 feet to a found 1/2" iron pin marking the Northeast corner of said parcel as described und+~r Instrument No. 9260788, records of Ada County, Idaho; thence South 0"39'41" West 3.53 feet along the aaat boundary of said parcel as described,under Instrument'No. 9260788, :°ecards of Ada County, Idaho to a found 1/2". iron pin masking the Northeast corner of thaf. certain parcel descr.i.b .~ d under Instrument No. 93110x25, r~:cords of Ada County, Ic~ahoF th+ance North 89°40'23" West 332.75 feet to a set 1/2" iron pin m~::~king the Northwest corner of said parcel as described under Instrument No. 93110125, records of Ada County, 3daho, and being a point . on the west boundary of said parcel as described under Instrument No. 8707411, records of Ada County, Idaho; thence North 0°01'16" East 621.09 feet along said west bour~3ary as described under Instrument No. 8707411, roaords of Ada County, Idaho to the REAL POINT OF BEGINNING. " ~~~~ DECLARATION , ~~qa~ OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION is made effective on the ~ day o 1995, by Eagle Pine Ranch Development Co., an Idaho Limited Partnership, he inafte referred to as "Declarant. " WHEREAS, Declarant is the owner of certain real property in the County of Ada, State of Idaho, hereinafter referred to as the "Property," more particularly described as follows: A portion of the S.W. 1/4 of Section 8, T.4N., R.IE., B.M., Ada County, Idaho more particularly described as follows: Beginning of the 1/4 corner common to Section 7 and 8, T.4N., R.IE., B.M., said point being the REAL POINT OF BEGINI`]ING: thence N 89°42'54" E along the east/west center section line of Said Section 8, 902.53 feet to an iron pin; thence S 00°35'37" W, 1241.17 feet to an iron pin on the northerly right-of-way of State Highway 44; thence continuing along said right-of--way along a curve to the left, said curve having a central angle of O1 °20'40", a radius of 22978.31 feet, a length of 539.21 feet, and a long chord which bears S 89°26'53" E, 539.19 feet to highway right-of--way monument; thence continuing along said right-of--way S 88°46'33" E, 363.52 feet to an iron pin on the line common to said Section 7 and 8; thence N 00°35'37" W along said section line 1249.64 feet to the REAL POINT OF BEGINNING. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 1 MINI&C 9629.02 05/24/95 r.. ~~-, Said parcel contains a calculated area of 27.76 acres, more or less. NOW, THEREFORE, Grantor hereby declares that the Property and each Lot, parcel or portion thereof, is and/or shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following terms, covenants, conditions, reservations, easements 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 of the Property. The terms, covenants, conditions, reservations, easements and restrictions set forth herein shall run with the land constituting the Property'~and with each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot, parcel or portion thereof; shall inure to the benefit of every Lot, parcel or portion of the Property and interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest and each Grantee or Owner and his respective successors in interest, and may be enforced by Grantor, by any Owner or his successors in interest. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, nor Grantor's right to post signs incidental to construction, sales or leasing. ARTICLE 1 DEFINITIONS 1.1 "Articles" shall mean the Articles of Incorporation of the Association. 1.2 "Assessments" shall mean those payments required of Owners and Association Members including regular, special and limited Assessments of the Association as further defined in this declaration. 1.3 "Association" shall mean and refer to Eagle Pine Ranch Homeowners' Association, Inc., an Idaho non-profit corporation, its successors and assigns. 1.4 "Association Rules" shall mean those rules and regulations promulgated by the Association governing conduct upon the use of the Property under the jurisdiction or control of the Association, the imposition of fines and forfeitures for violation of Association rules and regulations, and procedural matters for use in the conduct of business of the Association. 1.5 "Beneficiary" shall mean a mortgagee under a mortgage or beneficiary under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder, which mortgage or deed of trust encumbers parcels of real property on the Property. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 2 MM&C 9629.02 05/24/95 ~' ~ 1.6 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association. 1.7 "Building Lot" shall mean and refer to any plot of land showing upon any recorded plat of the Property with the exception of Common Area. 1.8 "Bylaws" shall mean the Bylaws of the Association. 1.9 "Committee" shall mean the Architectural Committee described in Article VI hereof. 1.10 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. Such real property is more particularly described as: Lots 5, 12 & 21, Block 1 Lots 11, Block 2: Lots 2 & 12, Block 3 Lot 4, Block 3 Lot 1, Block 4 1.11 "Declaration" or "Supplemental Declaration" shall refer to this Declaration as hereafter amended and supplemented from time to time. 1.12 "Declarant" shall mean and refer to Eagle Pine Ranch Development Co., an Idaho limited partnership, and its successors and assigns, if such successors and assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development and as part of such conveyance, the Declarant assigns and transfers to such transferee the Declarant's rights with respect to such Lots. 1.13 "Grantor" shall mean and refer to the Declarant. 1.14 "Improvement" shall mean any structure, facility or system, or other improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property; including, but not limited to buildings, fences, streets, drives, driveways, sidewalks, curbs, landscaping, signs, lights, mailboxes, electrical lines, pipes, pumps, ditches, waterways, swimming pools and other recreational facilities and fixtures of any kind whatsoever. 1.15 "Lot" shall mean and refer to a Building Lot. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 3 MM&C 9629.02 05/24/95 1.16 "Member" shall mean each person or entity holding a membership in the Association. ~~ 1.17 "Mortgage" shall mean and refer to any mortgage or deed of trust and "Mortgagee" shall refer to the mortgagee, or beneficiary under a deed of trust, and "Mortgagor" shall refer to the mortgagor, or grantor of a deed of trust. 1.18 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract buyers and excluding contract sellers when the contract buyer and not the seller has the right to possess the property. 1.19 "Plat" shall mean the recorded Plat of VAN ENGELEN ESTATES NO. 1 and the recorded Plat of any other Properties annexed hereto. 1.20 "Properties" or "Property" shall mean and refer to the real property first described herein, and such additions thereto as may hereafter be annexed and brought within the coverage of this Declaration as more particularly provided for herein. 1.21 "Set Back" means the minimum distance established by law between a dwelling unit or other structure and a given street, road or Lot line. 1.22 "Unit" shall mean one residence which shall be situated upon a Lot. ARTICLE 2 GENERAL COVENANTS, CONDITIONS AND RESTRICTIONS 2.1 LAND USE AND BUILDING TYPE. No Lot shall be used except for residential purposes, and no Lot or the Common Area shall be used for the conduct of any trade or business or professional activity. Notwithstanding the foregoing, the Board may, in its discretion and upon request by an Owner, allow an Owner to conduct a "garage sale" upon such Owner's Lot. No building shall be erected, altered, placed or permitted to remain on any Lot other than one designed to accommodate no more than one (1) single-family residential dwelling. 2.1.1 Size Limitations. Split level and two (2) story Units shall have not less than 1600 square feet of interior floor area, exclusive of porches and garages. All other units shall have not less than 1500 square feet of interior floor area on the ground floor of the main structure, exclusive of porches and garages. 2.1.2 Garages. Each Unit constructed within the Property shall include at least a two (2) car, enclosed garage which is an integral part of the Unit structure. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 =Page 4 MM&C 9629.02 05/24/95 ~ r 2.1.3 Roofing Material. The roof of each Unit shall be constructed of minimum 40 year architectural style Celotex Dimensional 365 in color weathered wood, slate grey or shadow grey, or other shingles specifically approved in writing by the Architectural Control Committee, cedar shakes or tile. 2.2 ARCHITECTURAL CONTROL. No improvements which will be visible above the ground or which will ultimately affect the visibility of any above ground improvement shall be built, erected, placed or materially altered, including without limitation, change of exterior colors or materials, on the Property, unless and until the floor plan and exterior building elevations (including materials and colors), and plot plan have been reviewed in advance by the Architectural Committee and the same have been approved by the Committee. The review and approval or disapproval may be based upon the following factors: design and style elements, mass and form, topography, setbacks, exterior color and materials, physical or aesthetic compatibility with the terrain and the other improvements on the Property which the Architectural Committee, in its reasonable discretion, deems relevant. This Declaration is not intended to serve as authority for the Architectural Committee to control the interior layout or design of buildings except to the extent incidentally affected by exterior design and size requirements and use restrictions. 2.3 EXTERIOR MAINTENANCE: OWNER'S OBLIGATIONS. No improvements, including mail boxes and landscaping, shall be permitted to fall into disrepair, and each improvement shall at all times be kept in good condition and repair. In the event that any Owner shall permit any improvement, including trees and landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition, or damage to Property or facilities on or adjoining their Lot which would otherwise be the Associations' responsibility to maintain, the Board, upon fifteen (15) days prior written notice to the Owner of said Lot, shall have the right to correct such condition, and to enter upon such Owner's Lot for the purpose of doing so, and such Owner shall promptly reimburse the Association for the cost thereof. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration or reconstruction thereof within ninety (90) days of such damage or destruction. If, after ninety (90) days of the repair, restoration or reconstruction of such damaged or destroyed improvements has not taken place, the Association, upon fifteen (15) days prior written notice to the Owner of such Property, shall have the right to correct such condition, and to enter upon such Owner's Lot for the purpose of doing so and such Owner shall promptly reimburse the Association for all costs incurred by the Association. Any reimbursable costs incurred by the Association pursuant to this Section 2.3 shall be a Limited Assessment and shall create a lien enforceable in the same manner as other Assessments set forth herein. The Owner of the offending Lot shall be personally liable, and his Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective action, plus all costs incurred in collecting the amounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 5 MM&C 9629.02 05/24/95 ~., ~ written demand therefor, or the amounts may, at the option of the Board, be added to the amounts payable by such Owners as Regular Assessments. "'' Any Owner shall have the remedial rights set forth in this Section 2.3 if the Association fails to exercise such remedial rights within a reasonable time following written notice to the Association from the Owner desiring to avail itself of such remedial rights. 2.4 IlVIPROVF.IVIENTS LOCATION. No improvements shall be constructed in violation of set-back requirements established by law, by this Declaration, or as set forth on the recorded plat of the Subdivision. 2.5 NUISANCES. No noxious or offensive activity, including without limitation, those creating an offensive odor, shall be carried on upon any Lot or the Common Area nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Excessive barking of dogs shall be considered a nuisance. 2.6 TEMPORARY STRUCTURES. Except as may be expressly permitted herein, improvements of a temporary character, trailer, tent, shack, or other outbuilding shall be placed on any Lot at any time either temporarily or permanently, nor shall the same be used as a residence at any time. 2.7 SIGNS. No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than five (5) square feet advertising the Property for sale or rent, or signs used or authorized by Declarant to advertise the Property owned by Declarant. 2.8 OIL AND MIlVING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon the Property, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon the Property. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon the Property. 2.9 LIVESTOCK, POULTRY AND PETS. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose and provided that the keeper of such pets complies with all city, and county laws, rules and regulations. No more than 2 household pets shall be allowed per unit. All household pets shall be confined to that area within the boundaries of the lot or kept on a leash. No dog runs or kennels shall be permitted to be kept or placed within five (5) feet of a set-back line where applicable. Dog runs or kennels shall only be permitted to be placed and maintained to the rear of dwellings and in no event shall such structure be visible from a street. All such kennels or facilities shall comply with all applicable laws and rules. 2.10 GARBAGE AND REFUSE DISPOSAL. No rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on the Property except trash kept and maintained within the interior of a Unit in sanitary containers and except trash in sanitary containers DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 6 - MM&C 9629.02 05/24/95 ,rti ~-. temporarily placed outdoors for collection. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 WATER SUPPLY. No individual water supply system shall be permitted on any Lot. 2.12 SEWAGE DISPOSAL. No individual sewage disposal system shall be perritted on any Lot. All Lots shall be subject to the following sewer requirements of the Eagle Sewer District and all subsequent amendments and modifications thereof: 2.12.1 A monthly sewer charge must be paid after connecting to the Eagle Sewer District public sewer system, according to the rules and regulations of the Eagle Sewer District. 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department of the City of Eagle and/or the Eagle Sewer District whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within the Property. 2.12.3 Each Owner of a Lot or Lots shall and hereby does vest in the Eagle Sewer District the right and power to bring all actions against such Owner for the collection of any charges herein stated. 2.13 SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street Property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight-line limitation shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.14 DECLARANT'S RIGHT. Declarant reserves the right to construct residences and other improvements upon any Lot without approval of the Architectural Committee and to offer the same with completed structures thereon for sale to individual Owners. 2.15 BOATS, CAMPERS AND OTHER VEHICLES. No boats, trailers, tractors, recreational vehicles, (i. e. , any trailers, campers, motor homes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similar equipment, motorcycles, snowmobiles or trucks (working or non-working) greater than three-quarter (3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Architectural Committee. The foregoing DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 7 MM&C 9629.02 .05/24/95 notwithstanding, any boat, camper trailer or recreational vehicle which is in good repair and working order may be stored on the side yard of a Lot between the front"and rear of the unit if screened by a six foot (6') fence and if the vehicle does not exceed the following dimensions: eight (8) feet wide, twenty-seven (27) feet long and ten (10) feet high, and that the parking area be located on the same side of the unit as the garage. Provided, however, such storage may not be located adjacent to the street on a corner Lot. The R.V. parking area and driveway to the parking area shall be surfaced with concrete or such material as approved by the Architectural Control Committee. Gravel or rock shall not be allowed. 2.16 BATHROOMS. All bathrooms, sink and toilet facilities shall be inside residence buildings and shall be connected by underground pipes directly with the sewer system. 2.17 ANTENNAE. No television antennae, satellite receivers, or radio aerials shall be installed on the Property, other than within the interior of a Unit. 2.18 HAZARDOUS ACTIVITIES. No activity shall be conducted on or in any Unit, Lot or Common Area which is or might be unsafe or hazardous to any person or Property. Without limiting the generality of the foregoing, no firearms shall be discharged upon said Property; no open fires shall be lighted or permitted on any property except in aself-contained barbecue unit while attended and in use for cooking purposes, or within a safe and well-designed interior fireplace. 2.19 UNSIGHTLY ARTICLES. No unsightly articles shall be permitted to remain on any Lot or Common Area as to be visible from any other portion of the Property. Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired in such a way as to be visible from any other portion of the Property. No lumber, grass, shrub or tree clippings or plant waste, compost piles, metals, building or other materials or scrap or other similar material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved, in writing, by the Architectural Committee. "Screened" is defined as being concealed or made non-visible from eye level, at ground level, at all points within the Property. 2.20 BUY-BACK OPTION. Any Owner who purchases a Lot from the Declarant must commence construction of a Unit on the Lot within ninety (90) days from the date of the deed conveying title to the Lot from the Declarant to the Owner. If construction is not commenced within said ninety (90) day period, then Declarant shall have the option to buy back the Lot at the sale price for which the Lot was purchased from the Declarant. The Declarant shall exercise the Option by giving written notice to such owner prior to such commencement, mailed certified mail, return receipt requested, to the Owner, at the address stated on the deed by which the Lot was conveyed by the Declarant. Closing shall occur within ten (10) days from the mailing of the letter, subject to Declarant's reasonable approval of the condition of title. The Owner shall pay all closing costs and the cost of standard title insurance for Declarant. 2.21 LIGHT, SOUND -GENERAL. No light shall be emitted from any Lot or Common Area which light is unreasonably bright or causes unreasonable glare. No sound shall DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. (-Page 8 MM&C 9629.02 05/24/95 be emitted from any Lot or Common Area which is unreasonably loud or annoying, and no odors shall be emitted on any property which are noxious or offensive fo~others. 2.22 CONSTRUCTION. During the course of actual construction of any permanent improvements, the restrictions contained in this Declaration and any supplemental declarations shall be deemed waived to the extent necessary to permit such construction, provided that during the course of such construction nothing shall be done which will result in a violation of these restrictions upon completion of construction and all construction shall be diligently prosecuted to completion, continuously and without delays. 2.23 RECONSTRUCTION. In any case where it is necessary to reconstruct a Unit or any improvement in the Common Area, said re-construction shall be prosecuted diligently, continuously and without delays from time of commencing thereof until such structure is fully completed and painted, unless prevented by causes beyond control and only for such time that such causes continue. 2.24 MAINTENANCE AND REPAIR. In the event the improvements on any Lot shall suffer damage or destruction from any cause, the Owner thereof shall undertake the repair, restoration and reconstruction thereof within ninety (90) days of such damage or destruction. 2.25 FENCES. All fences shall be of vertical cedar design and construction. No chain-link fences, grape stake fences or fences of basket-weave design shall be allowed. On all corner lots, the fence must be set back five (5') from the edge of the sidewalk bordering the side street. Side fences on corner lots may extend only from the rear lot line to the rear line of the residence. All fences located behind the front setback line shall be no more than 6' in height. All fences located within the front setback area shall be no more than 3' in height. 2.26 PLAT CONDITIONS. All covenants, conditions and restrictions and other matters set forth on all Plats are hereby incorporated by reference and notice is hereby given to the same. 2.27 FRONT AND SIDE YARD LANDSCAPING. The front yard of each Lot and the side yard of any Lot which is adjacent to a street must be planted with sod within twenty-one (21) days of substantial completion, or occupancy, whichever shall first occur, or as soon thereafter as the weather permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded and/or landscaped, within ninety (90) days of occupancy of the Unit. The failure of the Owner to timely comply with this paragraph shall constitute a failure to perform exterior maintenance and the Association and/or the Grantor shall have all rights and remedies provided in Section 2.3, or any other provision of this Declaration. The lot shall be landscaped with minimum 80 % of the lot area in grass sod and the remainder in other acceptable landscape materials, (trees, shrubs, bark, etc.). In lieu of the above, a detailed landscape plan may be submitted to the A.C.C. for approval. 2.28 NO DUMPING. No excavation material, grass or yard clippings, rubbish, trash, garbage, refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, ,' DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 9 - - --_:=.`:, MM&C 9629.02 05/24!95 '~ -~ Non-Profit Corporations Act and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws and this Declaration. In the event of any inconsistency, this Declaration shall control over the provisions of the Articles and the Bylaws. 4.2 MEMBERSHIP. Each Owner of a Lot subject to this Declaration (including the Declarant) by virtue of being such an Owner and for so long as such ownership is maintained, shall be a Member of the Association, and no Owner shall have more than one membership in the Association, except as hereinafter set forth with respect to voting. Memberships in the Association shall not be assignable, except to the successor-in-interest of the Owner, and all memberships in the Association shall be appurtenant to the Lot owned by such Owner. The memberships in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to said Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association. 4.3 VOTING. The Association will have two (2) classes of voting memberships. 4.3.1 Class A. Class A members shall be the Owners, with the exception of the Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one (1) vote be cast with respect to any Lot. 4.3.2 Class B. The Class B member shall be the Declarant. Upon the recording hereof, Declarant shall be entitled to three (3) votes for each Lot of which Declarant is the Owner. The class B membership shall cease and be converted to Class A membership on January 1, 2010, or when the Declarant no longer owns any Lots within the Property subject to this Declaration, whichever event shall first occur. 4.4 BOARD OF DIRECTORS AND OFFICERS. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Directors may elect or appoint, in accordance with the Articles, Bylaws and this Declaration, as the same may be amended and supplemented from time to time. 4.5 POWERS AND DUTIES OF THE ASSOCIATION. 4.5.1 Powers. The Association shall have all the powers of anon-profit corporation organized under the general non-profit corporation laws of the State of Idaho subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under this Declaration, the Articles and the Bylaws, and to do and perform any and all acts which may be necessary or proper for, or incidental to the proper management and operation of the Common Area and the performance of the other responsibilities herein assigned, including without limitation: DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 11 MM&C 9629.02 05/24/95 ~ /N 4.5.1.1 Assessments. The power to levy _ assessments (Annual, Special and Limited) on the Owners of Lots and to force payment of such assessments, all in accordance with the provisions of this Declaration. The Association may suspend the voting rights of an Owner for any period during which any assessment against such Owner's lot remains unpaid. 4.5.1.2 Right of Enforcement. The power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent thereto; to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of this Declaration or the Articles or the Bylaws, including the Association rules adopted pursuant to this Declaration, and to enforce by mandatory injunction or otherwise, all provisions hereof. 4.5.1.3 Delegation of Powers. The authority to delegate its power and duties to committees, officers, employees, or to any person, firm or corporation to act as manager. Neither the Association nor the members of its Board shall be liable for any omission or improper exercise by the manager of any such duty or power so delegated. 4.5.1.4 Association Rules. The power to adopt, amend and repeal by majority vote of the Board such rules, and regulations as the Association deems reasonable and which are consistent with this Declaration (the "Association Rules"). The Association Rules shall govern the use of the Common Area by the Owners, families of the Owners, or by an invitee, licensee, lessee or contract purchaser of any Owner; provided, however, that the Association Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the Articles or Bylaws. A copy of the Association Rules as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery and posting, said Association Rules shall have the same force and effect as if they are set forth in and are a part of this Declaration. In the event of any conflict, such Association Rules shall be superseded by the provisions of this Declaration, the Articles and the Bylaws to the extent of any inconsistency. 4.5.1.5 Emergency Powers. The Association or any person authorized by the Association may enter upon any Lot in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Owners as practicable and any damage caused thereby shall be repaired by the Association. 4.5.1.6 Licenses, Easements and Rights-of--Way. The power, with the consent of the City of Eagle, to grant and convey to any third party such licenses, easements and rights-of--way in, on or under the Common Area as may be necessary or appropriate for the orderly maintenance, preservation and enjoyment of the Common Area and for the preservation of the health, safety, convenience and welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining: DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. I -Page 12 MM&C 9629.02 05/24/95 ^`~ ... 4.5.1.6.1 Underground lines, cables, wires, conduits and other devices for the transmission of electricity for lighting, heating, power,`telephone and other purposes; 4.5.1.6.2 Public sewers, storm drains, water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; and 4.5.1.6.3 Any similar public or quasi-public improvements or facilities. The right to grant such licenses, easements and rights-of-way is hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years after the death of the individuals executing this Declaration and their issue who are in being as of the date hereof. 4.5.2 Duties of the Association. In addition to power delegated to it by the Articles, without limiting the generality thereof, the Association or its agents, if any, shall have the obligation to conduct all business affairs of common interest to all Owners, and to perform each of the following duties: 4.5.2.1 Operation and Maintenance of Common Area. Operate, maintain and otherwise manage or provide for the operation, maintenance and management of the Common Area including the repair and replacement of property damaged or destroyed by casualty loss and other property acquired by the Association. 4.5.2.2 Taxes and Assessments. Pay all real and personal property taxes and assessments separately levied against the Common Area owned and managed by the Association or against the Association and/or any property owned by the Association. Such taxes and assessments may be contested or compromised by the Association; provided, however, that they are paid or a bond insuring payment is posted prior to the sale or the disposition of any property to satisfy the payment of such taxes. In addition, the Association shall pay all other taxes, federal, state and local, including income or corporate taxes, levied against the Association in the event that the Association is denied the status of a tax exempt corporation. 4.5.2.3 Water and Other Utilities. Acquire, provide and/or pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the Common Area and the property owned or managed by the Association. 4.5.2.4 Insurance. Obtain from reputable insurance companies authorized to do business in the State of Idaho and maintain in effect the following policies of insurance. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. I -Page 13 MM&C 9629.02 05/24/95 ~ ~ 4.5.2.4.1 Comprehensive public liability insurance insuring the Board, the Association, the Declarant and the individual Owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Area or their property owned or managed by it. Limits of liability of such coverage shall be as follows: not less than Five Hundred Thousand Dollars ($500,000) per person and Five Hundred Thousand Dollars ($500,000) per occurrence with respect to personal injury or death, and property damage. 4.5.2.4.2 Full coverage directors and officers liability insurance with a limit of Two Hundred Fifty Thousand Dollars ($250,000), if the Board so elects. 4.5.2.4.3 Such other insurance including Workmen's Compensation insurance to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board 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 their person charged with the management or possession of any Association funds or other property. 4.5.2.4.4 The Association shall be deemed trustee of the interests of all Members of the Association in any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith. 4.5.2.4.5 Insurance premiums for the above insurance coverage shall be deemed a common expense to be included in the annual assessments levied by the Association. 4.5.2.4.6 Notwithstanding any other provision herein, the Association shall continuously maintain in effect such other additional casualty, flood and liability insurance as the Board deems necessary or appropriate. 4.5.2.5 Rule Making. Make, establish, promulgate, amend and repeal the Association Rules. 4.5.2.6 Architectural Committee. Appoint and remove members of the Committee, all subject to the provisions of this Declaration. 4.5.2.7 Drainage Systems. The Association shall maintain any portion of the storm drainage system not located in the Public Right-of--Way to the extent such maintenance is not performed by any public authority. 4.5.2.8 Right-Of--Way Maintenance. Maintain, repair and replace the landscaped berm, including the sprinkler system installed thereon, and any landscaping located within public right-of--way as the Board deems necessary or appropriate. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 14 MM&C 9629.02 05/24/95 4.5.2.9 Irrigation Maintenance. Maintain,_repair and replace the common irrigation lines and systems located on or serving this subdivision, and to pay all maintenance and construction fees of any Irrigation District with respect to the Property, which amounts shall be assessed against each Lot as provided herein. 4.5.2.10 Street Lights. Maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the City of Eagle or other governmental entity, which has jurisdiction of such matters. 4.5.2.11 Subdivision Approval Responsibilities. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 4.5.2.12 Ada County Highway District Regulation. Notwithstanding that the Association is obligated to maintain the Common Area and facilities contained therein, it is hereby provided that Ada County Highway District ("ACHD") may elect to maintain any part or facility of the Common Area should the Association fail to maintain the same. In the event that ACHD determines, in its sole discretion, that the Association is not adequately maintaining any portion of the Common Area or facilities contained thereon, ACHD shall, before undertaking maintenance of said Common Area or facilities, provide written notice of its intention to begin maintenance of said Common Area or facility within a thirty (30) day period, within which time frame the Association may undertake to initiate or conclude all maintenance defects as identified by ACHD. In the event that the Association shall fail to commence and conclude maintenance of said Common Area or facility to the extent said items of specific maintenance are identified by ACHD within the prescribed thirty (30) days, then in that event, ACRD may begin to undertake maintenance of said Common Area or facility. ACRD is hereby granted an irrevocable license and easement to enter upon any portion of the Common Area to perform inspection and maintenance. Should ACHD engage in maintenance of said Common Area or facility after having provided notice to the Association and having provided the Association an opportunity to undertake said maintenance, ACHD shall be entitled to and empowered to file a ratable lien against all Building Lots within the Property, with power of sale, to secure payment of any and all assessments levied against any and all Building Lots within the Property pursuant to this Declaration, together with interest at the rate which accrues on judgments thereon and all costs of collection which may be paid or incurred by ACHD in connection therein. ACHD may exercise their rights under Idaho Code by assessing the Lot Owners and certifying those assessments in the manner as real property tax. This section shall not be amended without prior written approval from ACHD. The Association shall not be dissolved or relieved of its responsibility to maintain the Common Area and facilities contained therein without the prior written approval from ACHD. The Association and all Lot Owners by accepting title to a Lot agree that all Lot Owners within the Property are benefitted property owners for purposes of this Section. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO, i -Page 15 MM&C 9629.02 05/24/95 .rte ~„~~ 4.6 PERSONAL LIABII,ITY. No member of the Board or any committee of the Association or the Architectural Committee or any officer of the Association, or the Declarant, or the manager, if any, shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith with the care an ordinarily prudent person would exercise under similar circumstances in a manner he believes to be in the best interest of the Association. ARTICLE 5 COVENANT FOR MAINTENANCE AND ASSESSMENTS 5.1 CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. 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 the Association; 5.1.1 Annual regular assessments or charges ("regular assessments") 5.1.2 Special assessments for capital improvements ("special assessments"), such assessments to be established and collected as hereinafter provided; and 5.1.3 Limited assessments as hereinafter provided ("limited assessments"). The regular, special and limited assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorney' fees shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. 5.2 PURPOSE OF ASSESSMENTS. 5.2.1 Regular Assessments. The regular assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area, to pay property taxes and other assessments, to pay insurance premiums, to pay the annual assessments of any irrigation district and to pay such other reasonable costs and expenses which are incurred by the Association in carrying out the duties, and business of the Association. 5.2.2 Special Assessments for Capital Improvement. In addition to the annual regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, costs and expenses of the Association which exceed the regular assessments or the costs DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 16 MM&C 9629.02 05/24/95 ~ ~ and expenses of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related'"thereto, provided that any such assessment shall be approved by atwo-thirds (2/3) vote of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Additionally, upon the sale of each Lot by Grantor, the purchaser shall pay aone-time special assessment of Two Hundred and no/100 Dollars ($200.00) per Lot. Such special assessment shall be paid on or before the date of recordation of the deed from Grantor to the purchaser. This one-time special assessment shall be used to defray organizational cost for the Association and general costs of operation. 5.2.3 Limited Assessments. The limited assessments may be levied against any owner in an amount equal to the costs and expenses incurred by the Association, including legal fees for corrective action necessitated by such Owner, without limitation, costs and expenses incurred for the repair and replacement of the Common Area or other property owned or maintained by the Association, damaged by negligent or willful acts of any Owner or occupant of a Lot who is occupying the Lot with the consent of such Owner, or for repair or maintenance of such Owner's property which has not been performed by Owner as required herein. 5.3 MAx;IlVIUM ANNUAL, REGULAR ASSESSMENT. The initial maximum annual Regular Assessment to be assessed by the Association, shall be Two Hundred Fifty and No/ 100 Dollars ($250.00) per Lot per year. 5.3.1 The maximum annual assessment may be increased by the Board each year by not more than ten percent (10 %) above the maximum assessment for the previous year without a vote of the membership of the Association as provided below. 5.3.2 The maximum annual regular assessment may be increased above ten percent (10 %) by atwo-thirds (2/3) vote each class of the members who are voting in person or by proxy, at a meeting duly called for this purpose. 5.3.3 The Board of Directors of the Association may fix the amount. of the annual regular assessment at an amount not in excess of the maximum as established from time to time. 5.3.4 The total annual regular assessment, levied against the Lots owned by the Declarant, shall be the lessor of (a) the amount of the regular assessment per Lot multiplied by the number of lots owned by the Declarant or (b) the difference between the total annual regular assessment levied against lots owned by the other parties, other than the Declarant, and the reasonable expenditure of the Association for the purposes described in Section 5.2.1 for the fiscal year. 5.4 NOTICE AND QUORUM FOR ANY ACTION AUTHORIZED UNDER SECTIONS 5.2 AND 5.3. Written notice of any meeting called for the purpose of taking any action authorized under Sections 5.2 and 5.3 shall be sent to all members not less than ten days (10) nor more than fifty (50) days in advance of the meeting. At the first such meeting called, DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 17 ---- MM&C 9629.02 05/24/95 '--~, ~. the presence of members or of proxies entitled to cast sixty percent (60 %) of all the votes of each class of membership shall constitute a quorum. If the required gt3orucn is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 5.5 UNIFORM RATE OF ASSESSMENT. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on an annual or other basis as determined by the Association from time to time. 5.6 DATE OF COMMENCEMENT OF Ai~iNUAL ASSESSMENTS -DUE DATES. The annual Regular Assessments or any Special Assessments then in effect as provided for herein shall commence as to a Lot or Lots on the first day of the first year following the conveyance of the Lot or Lots from Declarant to an Owner or Owners. The Board of Directors shall fix the amount of the annual Regular Assessment against each Lot at least thirty (30) days in advance of each annual Regular Assessment period. Written notice of the annual Regular Assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. 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 specified 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. 5.7 EFFECT OF NON-PAI'MF~1VT OF ASSESSMENTS -REMEDIES OF THE ASSOCIATION. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date on a rate of twenty-one percent (21 %) per annum or at the highest rate allowed by law if such rate is less than 21 %. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclosure the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. 5.8 SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any Mortgage which is first in priority among consensual liens upon a Lot. 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 payment which become due prior to such sale or transfer but shall not extinguish personal liability nor relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE 6 ARCHITECTURAL COMMITTEE 6.1 MF~VIBERS OF THE COMMITTEE. The Architectural Committee for the Property, sometimes referred to as the"Committee", shall consist of three (3) members. The DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 18 MM&C 9629.02 05/24/95 ~ ~ following persons are hereby designed by Declarant as the initial members of the Committee for the Property: -._ Name J. James Woodyard David F. Wilson Dan Frison Address Post Office Box 6006 Ketchum, Idaho 83340 Post Office Box 3214 Ketchum, Idaho 83340 4720 West Emerald Street Boise, Idaho 83706 Each of said persons shall hold office until such time as he has resigned or has been removed or his successor has been appointed, as provided herein. Members of the Committee may be removed at any time without cause. 6.2 RIGHT OF APPOI]vTMENT AND REMOVAL. So long as Declarant is the Owner of at least one (1) of the Lots, Declarant shall have the right to appoint and remove all members of the Committee. Thereafter, the Board of Directors of the Association shall have the power to appoint and remove all members of the Committee. Members of the Committee may be removed at any time, without cause. 6.3 REVIEW OF PROPOSED CONSTRUCTION. The Committee shall consider and act upon any and all proposals of plans and specifications submitted for its approval pursuant to this Declaration. The Committee may inspect construction in progress to assure its conformance with plans approved by the Committee. The Board shall have the power to determine, by rule or their written designation consistent with this Declaration, which types of improvements shall be submitted to the Committee for review and approval. The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of any structure affected thereby and will be in harmony with the surrounding strictures. 6.3.1 Conditions of Approval. The Committee may condition its approval of proposals or plans and specifications upon such changes therein as it deems appropriate, any may require submission of additional plans and specifications or other information before approving or disapproving material submitted. 6.3.2 Committee Rules and Fees. The Committee also may establish, from time to time, rules and/or guidelines setting forth procedures for the required content of the applications and plans submitted for approval. Such rules may require a fee to accompany each application for approval, or additional factors which it will take into consideration in reviewing DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 19 -- MM&C 9629.02 05/24/95 submissions. The Committee shall determine the amount of such fee in a reasonable manner, provided that in no event shall such fee exceed One Hundred and no/00 Dollars ($100.00). Such fees shall be used to defray the costs and expenses of the Committee or for such other purposes as established by the Board. Such n~les and guidelines may establish, without limitation, procedures, specific rules and regulations regarding design and style elements, landscaping and fences and other structures such as animal enclosures as well as special architectural guidelines applicable to Building Lots located adjacent to public and/or private open space. 6.3.3 Detailed Plans. The Committee may require such detail in plans and specifications submitted for its review as it deems proper, including, without limitation, floor plans, landscape plans, drainage plans, elevation drawings and descriptions or samples of exterior material colors. Until receipt by the Committee of all required plans and specifications, the Committee may postpone review of any plan submitted for approval. 6.3.4 Committee Decisions. Decisions of the Committee and the reasons therefor shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval within seven (7) days after the Committee receives all materials required by the Committee. Any materials submitted pursuant to this Article shall be deemed approved unless written disapproval by the Committee shall have been mailed to the Applicant within seven (7) days after the date of the filing of said materials with the Committee. The said seven (7) day period shall only commence to run when an authorized representative of the Committee has executed an application form acknowledging acceptance of such application and acknowledging that such application is complete. 6.4 MEETINGS OF THE COMNIITTEE. The Committee shall meet from time to time as necessary to perform its duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing, designate a Committee Representative (who may, but not need be one of its members) to take any action or perform any duties for and on behalf of the Committee, except the granting of variances pursuant to Section 6.9. In the absence of such designation, the vote of any two (2) members of the Committee, or the written consent of any two (2) members of the Committee taken without a meeting, shall constitute an act of the committee. 6.5 NO WAIVER OF FUTURE APPROVALS. The approval of the Committee of any proposals or plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatever subsequently or additionally submitted for approval or consent. 6.6 COMPENSATION OF MEMBERS. The members of the Committee shall receive no compensation for services rendered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder and except as otherwise agreed by the Board. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 20 MM&C 9629.02 05/24/95 6.7 INSPECTION OF WORK. Inspection of work and correction of defects therein shall proceed as follows: -.. 6.7.1 Within sixty (60) days of completion of the work, the Committee or its duly authorized representative may inspect such improvement. If the Committee finds that such work was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such sixty (60) day period, specifying the particular noncompliance, and shall require the Owner to remedy the same. 6.7.2 If for any reason the Committee fails to notify the Owner of any noncompliance within sixty (60) days of completion of the construction, the improvement shall be deemed to be in accordance with the approved plans. 6.8 NON-LIABILITY OF COMMITTEE MEMBERS. Neither the Committee nor any member thereof, nor its duly authorized representative, shall be liable to the Association, or to any Owner or Grantee for any loss, damage or injury arising out of or in any way connected with the performance of the Committee's duties hereunder, provided such person has, upon the basis of such information as may be possessed by him, acted in good faith with the care an ordinarily prudent person would exercise under similar circumstances in a manner the member believes to be in the best interest of the Association. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result in the immediate vicinity and to the Property generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of building, landscaping, color schemes, exterior finishes and materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed to constitute approval from the standpoint of, structural safety or conformance with building or other codes. 6.9 VARIANCES. The Committee may authorize variances- from compliance with any of the architectural provisions of this Declaration or any Supplemental Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Committee, and shall become effective upon recordation in the Office of the. County Recorder of Ada County. If such variances are granted, no violation of the Restrictions contained in this Declaration or any Supplemental Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration or of any Supplemental Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting his use of the premises, including but not limited to zoning ordinances and set-back requirements imposed by any governmental or municipal authority. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 21 MM&C 9629.02 05/24/95 r, i"1 ARTICLE 7 WATER SYSTEM 7.1 OWNERSHIP OF WATER SYSTEM. Domestic water must be obtained from the Eagle Water Company, Inc. Private water systems are not permitted, except for the Irrigation Water System described below. The Declarant has constructed a system for the delivery of imgation water to each Lot within the Subdivision ("the Irrigation Water System"). The Association purchases irrigation water from the New Dry Creek Ditch Company. The Association shall own, operate, manage, repair and replace, if necessary, the Irrigation Water System within the boundaries of the Subdivision. Every Owner shall have the right to utilize the Irrigation Water System to receive irrigation water, which right shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions of this Article. 7.2 WATER USE FEES. Each Owner shall pay all fees for the delivery and use of the irrigation water, which may be imposed by the Board of Directors of the Association. The Board shall establish a water use fee schedule, based upon the volume of water consumed. The Association shall use all water use fees for the operation, maintenance, repair and replacement of the Imgation Water System, and for related expenses, including but not limited to liability insurance premiums. 7.3 WATER METERS. Water delivered to each Lot shall be measured at the point of delivery, or such other point as may be approved by the Board, through a meter. The meter shall be maintained by the Association. 7.4 PAYMENT OF WATER USE FEES. 7.4.1 Any water use fee not paid within thirty days after the due date shall bear interest form the due date at the rate of 21 % per annum, or the highest rate allowed by law, if such rate is less than 21 %. 7.4.2 The Water Use Fees, together with interest, cost, and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Lot on which such water is used. The Water Use Fees, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time when the Water Use Fees fell due. The personal obligation for the delinquent Water Use Fees shall not pass to the Owner's successors in title unless expressly assumed by them. 7.4.3 The Association may bring an action against the owner obligated to pay the Water Use Fee, or exercise any other remedy accorded the Association at law or in equity, including but not limited to foreclosure of the lien against the Lot. In addition to any other remedies it may elect to pursue, the Association may shut off the supply of irrigation water to the Lot after thirty days' written notice. sent by certified mail, return receipt requested, to the owner at the address of his/her Lot. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 22 MM&C 9629.02 05/24/95 rte, ~ 7.4.4 No Owner may waive or otherwise escape liability. for the assessments provided for herein by non-use of the water or abandonment of his Lot. "~ 7.4.5 The lien for the Water Use Fees provided for herein shall be subordinate to the lien of any Mortgage which is first in priority among consensual liens upon a Lot. Sale or transfer of any Lot shall not affect the assessment lien. However, 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 payment which became due prior to such sale or transfer but shall not extinguish personal liability, nor relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. 7.5 RULES, REGULATIONS AND ORDERS. The Board of the Association may adopt, amend and repeal such rules and regulations as it deems reasonable governing the use and consumption of irrigation water. Each Owner shall comply with all such Association Rules, as well as the rules, regulations and orders of New Dry Creek Ditch Company, and any governmental agency having jurisdiction over the Irrigation Water System. 7.6 SPECIAL ASSESSMENTS. Special Assessments may be levied in accordance with Article 5 for the operation. maintenance, repair, replacement or improvement of the Irrigation Water System. 7.7 TRANSFER OF WATER SYSTEM. The Board of Directors of the Association may transfer, assign and convey ownership of the Irrigation Water System to a public utility company regulated by the Idaho Public Utilities Commission or to a utility owned and operated by a governmental agency. 7.8 INSURANCE. The Association shall obtain and maintain in effect public liability insurance covering claims arising from the use of the Irrigation Water System, as provided for in Article 4.5.2.4.1, together with such other insurance covering the Irrigation Water System as the Board deems appropriate. 7.9 MANAGEMENT OF WATER SYSTEM. The Board of the Association may enter into contracts with third parties for the operation, administration (including billing), maintenance, repair or replacement of the Imgation Water System. Until such time as twenty- five (25) Lots in the Subdivision have been sold by the Declarant, the Declarant shall provide billing services and day-to-day management of the Irrigation Water System. 7.10 GOVERNMENTAL OVERSIGHT. The Irrigation Water System may be regulated by the Idaho Department of Health and Welfare, Division of Environmental Quality (DEQ) and the U.S. Environmental Protection Agency (EPA). In addition to normal operation and maintenance, the Owner should be aware that (1) the Association may have to comply with various monitoring and reporting requirements and responsibilities, and (2) the Association has potential liability for failure to operate the system as required by applicable law. DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 23 MM&C 9629.02 05/24/95 ~ ~ ARTICLE 8 EASEMENTS 8.1 MAINTENANCE AND USE EASEMENT BETWEEN WALLS AND PROPERTY LINES. The Association or owner of any Lot shall hereby be granted an easement of 5' width on the adjoining properties for the purpose of maintenance of fence and/or landscaping so long as such use does not cause damage to any structure or fence. 8.2 OTHER MAINTENANCE EASEMENTS. Easements for installations and maintenance of utilities and drainage facilities are reserved as shown on the record plat. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for these improvements for which a public authority or utility company is responsible. A further easements is hereby reserved in favor of the Association for access to and maintenance of any irrigation facilities. ARTICLE 9 GENERAL PROVISIONS 9.1 ENFORCEMENT. The Association or any Owner, shall have the right to enforce, by the 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 an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 9.2 SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. 9.3 INTERPRETATION. The terms, covenants and conditions hereof are to be read and interpreted consistently and in a manner to protect and promote Property values. 9.4 TERM AND AMENDMENT. The covenants 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 unless an instrument signed by seventy-five percent (75 %) of the then Owners of the Lots has been recorded, agreeing to change said covenants in whole or in part. This Declaration may be amended, restated, replaced, terminated or superseded during the first twenty (20) year period by an instrument signed by the President and Secretary of the Association affirming that such amendment was approved by two-thirds (2/3) of the Owners of the Lots covered by this DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO: 1 -Page 24 MM&C 9629.02 05/24/95 t~, Declaration or by an instrument signed by two-thirds (2/3) of the Lot Owners; provided, however, that if Declarant is still the Owner of any Lots the provisions of Article VI may not be amended without the written consent and vote of the Declarant. Amendment of any provisions herein related to the ownership or maintenance of Common Area of the Association may only be made with the consent of the City of Eagle, Idaho. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of 1995. Eagle Pine Ranch Development Co., an Idaho Limited Partnership By: Wildwood Homes, an Idaho general partnership By: David F. Wilson Its: General Partner By: Woodyard Enterprises, Inc. , a California corporation, as General Partner By: J. James Woodyard Its: President (qmk\9629.02\cc&r'slvaneog. e) DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. I -Page 25 MM&C 9629.02 05/24/95 STATE OF IDAHO ) ss. County of Ada ) On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared J. James Woodyard, known or identified to me to be the President of Woodyard Enterprises, Inc., who executed the instnument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared David F. Wilson, known or identified to me to be the General Partner of Wildwood Homes, who executed the instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise, Idaho My Commission Expires: DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 26 MM&C 9629.02 05/24/95 temporarily placed outdoors for collection. All such material shall only be kept in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean, neat and sanitary condition. 2.11 WATER SUPPLY. No individual water supply system shall be pernitted on any Lot. 2.12 SEWAGE DISPOSAL. No individual sewage disposal system shall be permitted on any Lot. All Lots shall be subject to the following sewer requirements of the Eit~-e€ Eagles IAaHe Sewer District and all subsequent amendments and modifications thereof: 2.12.1 A monthly sewer charge must be paid after connecting to the e€ Eagle Sewer District public sewer system, according to the °~~~~-~~c~ K~~u ;uv,,, rules and regulations of the C-it~-e€ Eagle Sewer District. 2.12.2 Each Owner shall submit to inspection by the Department of Public Works, the Department of Building, or other Department of the City of Eagle and/or the Eagle Sewer District whenever a subdivided Lot is to be connected to the sewage system constructed and installed on and within the Property. 2.12.3 Each Owner of a Lot or Lots shall and hereby does vest in the e€ Eagle Sewer District the right and power to bring all actions against such Owner for the collection of any charges herein stated. 2.13 SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street Property lines and a line connecting them at points thirty (30) feet from the intersection of the street lines, or in the case of a rounded Property corner from the intersection of the street Property lines extended. The same sight-line limitation shall apply on any Lot within ten (10) feet from the intersection of a street property line with the edge of driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. 2.14 DECLARANT'S RIGHT. Declarant reserves the right to construct residences and other improvements upon any Lot without approval of the Architectural Committee and to offer the same with completed structures thereon for sale to individual Owners. 2.15 BOATS, CAMPERS AND OTHER VEHICLES. No boats, trailers, tractors, recreational vehicles, (i. e. , any trailers, campers, motor homes, automobile campers or similar vehicle or equipment) dilapidated, unrepaired or unsightly vehicles, or similar equipment, motorcycles, snowmobiles or trucks (working or non-working) greater than three-quarter (3/4) of a ton in size shall regularly or as a matter of practice be parked or stored on any portion of the Property (including streets and driveways) unless enclosed by a structure or screened from view in a manner approved, in writing, by the Architectural Committee. The foregoing DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. 1 -Page 7 MM&C 9629.02. 05/24/95 4.5.2.9 Irrigation Maintenance. Maintain, repair and replace the common irrigation lines and systems located on or serving this subdivision, and to pay all maintenance and construction fees of any Irrigation District with respect to the Property, which amounts shall be assessed against each Lot as provided herein. 4.5.2.10 Street Lights. Maintain, repair and replace street lights within the Property to the extent such street lights are not operated, maintained, repaired and replaced by the City of Eagle or other governmental entity, which has jurisdiction of such matters. 4.5.2.11 Subdivision Approval Responsibilities. Perform all continuing duties and responsibilities imposed upon the Grantor pursuant to any governmental approvals relating to the Property including, without limitation, those set forth in the preliminary plat approval for the Subdivision. 4.5.2.12 Ada County Highway District Regulation Notwithstanding that the Association is obligated to maintain the Common Area and facilities contained therein, it is herebv provided that Ada Countv HiQhway District ("ACHD") may elect to maintain anv Hart or facility of the Common Area should the Association fail to maintain the same. In the event that ACHD determines in its sole discretion that the Association is not ad uately maintaining anv portion of the Common Area or facilities contained thereon ACHD shall. before undertaking maintenance of said Common Area or facilities provide written notice of its intention to begin maintenance of said Common Area or facility within a thirty (30) day penod, within which time frame the Association may undertake to initiate or conclude all maintenance defects as identified by ACHD In the event that the Association shall fail to commence and conclude maintenance of said Common Area or facility to the extent said items of Specific maintenance are identified by ACHD within the prescribed thirty (_30) da_ vs__ then ~n_ that event. ACRD may begin to undertake maintenance of said Common Area or facility ACHD is herebv granted an irrevocable license and easement to enter upon any portion of the Common Area to perform inspection and maintenance Should ACHD engage in maintenance of said Common Area or facility after having provided notice to the Association and having rovided the Association an opportunity to undertake said maintenance ACHD shall be entitled to and empowered to file a ratable lien against all Building Lots within the Property with newer of sale, to secure payment of any and all assessments levied against any and all Building Lots within the Property pursuant to this Declaration. together with intereet ar the rare wh;~h ~~nn~ac uv.~ on tud~ments thereon and all costs of collection which may be paid or incurred by ACHD in connection therein. ACRD may exercise their rights under Idaho Code by assessing the Lot Owners and certifying those assessments in the manner as real property tax This section shall not be amended without prior written approval from ACHD The Association shall not be dissolved or relieved of its responsibility to maintain the Common Area and facilities contained therein without the prior written approval from ACHD The Association and all Lot Owners b~ accepting title to a Lot agree that all Lot Owners within the Property are benefitted property owners for purposes of this Section DECLARATION OF CC&R's FOR VAN ENGELEN ESTATES NO. I -Page IS MM&C 9629.02 05/24/95 AUG 11 '98 1635 FR PUBLIC WORKS 2088871297 TO 3440574 P.01i12 REQUEST FOR 3U$D1yISION APPROVAL PREL1MI111 RV pI,AT AND/OR FINA PLAT PLANNING AND ZONING COMMYSSION E 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 dt Zoning Commission. ~ Pig ~ Zoning Com~uissioa will hear the r nest at the monthl following the month that the request was made. ~ Y meeting Af; .r a proposal enters the process it r~;y ~ acted provided the neces ~n at subsequent monthly meetings ~' Pro~m'es and documentation are received berore 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1 • Name of Annexation ~ Subdivision: ~i Vl~ ~'n l Vt~~ - 2• General Location: ~-...C~d,t.r ~ Cl^.e_r~ ~ 3• Owners of Record: ^ M _ ~'a sf t3 ~ ~ (~-{- ~ . H' Address: 43~ 5 it), ~,1, ~ rr [.~t~n 4• Annlicant~ <~,,,,,~ o ~' -_-• ~P .'~4Z Telephone BF3~-3RD e /~~rse... .~..ra ~rJJ. S• Engineer• J . J . 4#~ r,Jo -irt~ ' Z~ Telephone 6• Name and address to receive City billings- Name; ? ^,~ M u,Y, < Address ~ ~ Telephone PR)v IMINARY PLAT CHECKLIST: Subdivision Features 1 • Acres: 3.6 ~ 2• Number of bu ~ otsl I ~ 3• Number ofother lots: -~-- 4• Gross density Per acre' .GI . S• Net density per acre: . 7. ~~ Classification(s?;~¢ P~posed subdivi:: ion is outside the Meridian Cit L jurisdictional mile, what is ~ Y units but within the 8• Does the plat border a ~ ~ ZOO c iftcation? ~-3 ~~,,,~~ !h teniial green belt? 9• Have recreational easen:~,nts been ~arovxlgi for? U 1 ~• `~ there PmPo~d recreational amenities to the City? fixplain HUU 11 " 7G 1 O • .~~ r K I"U17L 1 L WUKr,~ CIJCCG (1G7 ( I U J44YJJ ( H _ , ~ r.YJ~i ..~ ,.-+ 11, Are there proposed dedications of common areas?Explain For future parks? Explain 12. What school(s) service the area? ~ ' ' Q - S.DO you propose any agreements for future school sites? Explain 13. Are there any other proposed amenities to the City? Explain 14. Type of Building (Residential, Commercial,, Industrial or combination): PS P 2 ^ctl 1 S. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): ~ P~- r,Lvu.c. 16. Proposed Development features; a. Minimum square footage of lot(s): ~~ Z O b. Minimum square footage of , cture{s): ~~"Of~ c. Are garages provided for? Ps Square footage: ~~D d. Has landscaping been provided for?,~_Describe• e. Will trees be provided for? W' trees be maintained? £ Are sprinkler systems provided for? r~'~. g. Are there multiple ututs? /(~~7 -.Type: Remarks: h Are there special set hack requirements? S Explain: ~' ~~ - P_~ ~ ~m P r! ~ pct, ~ e,~r ate! P - i. Has off street parking been p vided for? S Explain: ~/' ~- j, Value range of property:~30K - ~ ~t~f< k. Type of financing for development: ~ ~c.~ 1. Were protective covenants submitted? /, P ,-Date: ~- - c~ 17. Does the proposal land Iock other property? Does it create Enclaves? _ c~ STATE1+~iENT~ OF COMPI_iA1~TCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required ny Ada County Highway District and Meridian Onlinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width 2. Proposed use is in conformance with the City of Meridian Comprehensive P]ati. 3. Development will connect to City services. 4. Developm,°.nt will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements, 6. Street names must not conflict with City grid system, 9-G04 B PRE-APPLICATION MEETING The developer shall meet witl• the Administrator prior to the submission of the PreIirninaiy Development Plan. The purpose of this meeting.is to discuss early and iaforrnally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordirsaace and such other plans and ordinances as deemed 2 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on February 15, 2000, for the purpose of reviewing and considering the application of Jeff Manship for annexation and zoning of 3.68 acres from rural residential to single-family residential for the proposed Pintail Pointe Subdivision located on the south side of Cherry Lane and east of Black Cat Road; Furthermore, the applicant is requesting a preliminary plat approval for eleven (11) building lots on 3.68 acres for the proposed Pintail Pointe Subdivision located on the south side of Cherry Lane and east of Black Cat Road_ A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 20th day of January. /`~'~ WILLIAM G. BERG, JR., CI CLERK \\\\\\` ~~„r r r t r r r r r rrrr~~i PUBLISH January 28th, 2000, and February 11th, 2000. ~ c' ~~11 yy ~_ 1~.._'12~3J P ,, f~~'~ > ~I~UP~3" Y . ~ ~~`~~ /rr~rrift!! tiflllll\\\\ P p ~' F' N ' z ~3 ~ ~ ~4~ <~ ~~ ~~F~ 9 ~ ~y ~ ~ ~~~~ ~ ~ ~ ~~~_ ~ ~ ~~~ ~ ~~~ y i ~ ~ ~ ~ \~ ~ ~ i` ~ ~ .~~ ~ ~~ i ~~ ~ ~___, ~ ~ ~~ ~ I I $ ~ ~ ~ ~~~ ~~~~~ ~ ~ ~~ m ~ ~ ~ ~g~a~~~~F ~~~ ~_ Z ~ ~~: ~ ~ ~ s ~£~ ~~$ ., ~~ q ~~~ ~~ r _ ~ ~ ~- ~~ o ~ Z ~~~ . ,~ t \D ~ ~ _ ~ ~~ o -_ r!~ BLACK CAT D AD J_ o~ 4+ im i~ 1 ' ' A s A a ~~ ~ ~y I ~ LL. f > __ ~,, I I ~., ~ ® D t.1 '•` 1 h ~~.y (V ~ ~~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on January 11, 2000 for the purpose of reviewing and considering the application of Jeff Manship for annexation and zoning and preliminary plat of 3.68 acres from rural residential to single family residential for proposed Pintail Pointe Subdivision located south side of Cherry Lane and east of Black Cat Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 20"' day of December 1999. ~~~ ~ WILLIAM G. BERG, JR., ~ LERK PUBLISH December 24, 1999 and January 7, 2000 ~555,,,~5, t~tt,,,~,,, a~ G ~c~or~r ~''",s ~',, ~ fi~ ~~~~, ~~ '~ ~~' ` ,~o~, ~sT ,s~ . ,;°,~ ,. r/flt~l ttIS11y155 For Accountable Mail -' ~ _~ ~ ~,~w^ y O V, ..A 1 1 j ~ o m y ~' W N ~ d ~Q ~Q V ~j~ ~o N N N N -~l N aym v, ~ ~ ~ l0 N N N N N N N N '~° N G a' ~ ~ ~ ~ ~ ~ N N ~ ~ N ~ ~ ~ ~ tNNp ~~ ~ pip ~ ~ ~ ~ ~ ~ 0~0 pip ~ ~ N N ~ N ~ ~ ~ ~ ~ V ~ ~ V V V V ~ ~ ~ ~ ~ a ~1 W N ~-' OV ~ ~ V ~ ~°~ = 3 -n 3 rn ~<z r -I ~ n Z D ~ O D D D ~ ~ W ~ A ~ c=an rn ~ 2 ~ D O r vii ~ O O ~ r0 ~, rn rn -p ~ N fn ~ -p ~ rn ~ ~ °O ~ Z N 3 ~ ~ f-' 2 ~ N ,~~ Z W 0~1 Z W N ~ ~ W 'p N ~ ~ ~ w 71 tp m~ L7 Vwi ~ ~ C!1 V Z rn N ~ ~ T Z z D ° RI r Z ~ ao cn cn D rn D n A O tO D rn = n'ii O r~°n ~ a ~ r ~ ~ ~ n ~ ~ ~ ~ z ~ n ~ ° ~ z ~ z 3 ~ rn ~ ~ ~ ~ O ~rnfn -< 3 rn rn O ~. ~ rn rn rn ~ rn ~ rn rn ~ r o ~ p ~ 3 ~ z ~ rn ~ ~ 3 ~ ~ rn 3 ~ w 3 ~ D 3 rn ~ rn rn ~ S rn ~ ~ ~ ~ rn w a ~ ~° z ~ O ~ rn ran D ~ 0 D Z Z D ~ o c °~' y Z rn p ~ z rn D Z ~ Z n fD m Z ~ D DD0 ~ Z ~ z ~ m ° ~ ~ z Z D ~ = a 3 ~ D z z D 3 y ~~- a O. ~ r ~ c~ (~ g 77 j. Q N_ 1 3 C~ o °- Qm~ ~ a C o. o C~] ~3 ~ ~ ~o c`o. W o X .', S ~ ~'. V y ~ ~~c f-` ~ y N ~ ~ (~ y ~. ~ O 777 O S J 'p ~ p~ a --I }y d~ n 0 W m n v~ o Q ~ m ~~~ d y 0 -mom - m m ~vo~:,oooa ~ ~ 3 ~ ~ m O ~cm.wQm~m C7=^~31(7 0 7 (D 3 ~ .~mym~~mj p1a _~ ~cQ N O m C~ m 0 ~ 7 W n f~ __ N y > O m S S 7C mmjQnm y N'O Q 7 d N N .ff. o m '~ O N ~ ~ O~ Q O' m _.... 7 _. ~ yOp~ f~DC d ~ N ~ C~ O~ N m . !U G _ ~. Ol 7 ,p f%l 7 ~dy$3j ~ m ~ m N _ 7 ~ N~ n~ 0 rpm O' j m O O O y J m Hi -. ~ m JC m~ °i3oaw my ~ ~~X-Oma ~ ~ O m°~3o°0.o mm C C O n ~ ~' oo°~~~~ v ~ QED y (n2.i ~ o. ~.m Vii ~:~X p <D,~ ry O..~.. C7 C!1 p' n' y o41°mmmd ~a ~°'~3 ynP~~~ ~ ~~~~ (p y m m° m Z.~~°. 3 m o~`~3ym T~ ~°_'m ~O NX N~. (mph ~~~y. ~ -0C O'N 3p C 33o°3ca ~~ ~ _QOO. ~=oa3~ mp ~m j~ m ~ m y n~i~^~om m2 "' o ma ~ 3 <md~y (~mo'mcX. m°i3~m3 ~.m m m o c mo=o~3 ~ S J N = d ~ N y>>my ~m_,~~m 3 ~~Fm>> y~ f0 O. S y N .~ ~~ T y I m For Accountable Mail o my ~ ~ ca N 1 O 3 Q~ p p V p ~ ~ W N W ~3 a v =" `~ v ~~ T ~ (D n Q ~ C N N (O tp A N o n ~ W - ~ C a m Q _m Q N O I N tad O N (U ~ ~ O ~ 3 ~~ ~ 3 ~ y 2 .+ ~ ~ 3 m o ° a m m ~ \. a ~~ ~ o ~. m 3 ~~-o03w~-i ~ w a -. w. u~~ ~ W m nw 3 ova 41 Q _ ~ .~ ~~ A OO O~ d 'O ~ fn N U .~ ~? O `C _N.N aN ~ d ' O y fD Odd>(D~O ~ ~~ J C N N r a N N N Q C d 3 ~io~c o.`o''m o~ONOOm c oc~"n°'J~ ~~m$3~c ~~'.^ ~Jm N3"~°o0 y 7 ~ ~b9= 7 n _ ~ X ~ ~ Q ~_ tll ' O N G' G C O ~ ~ fD ~.~_.N ~ A y ~~ c c a tn_.~J~ °~~~mm o W d m m J ~w,~ xd mJy~vo `p (n N N y Pl N ~O -. N j TfAX ~~Q_ ~ (II ~ - 41 ~ _. O o C a 33.°o3~a ~~'oa~3 ~o~m~~'. d y~ ~ ~ ~ w~~ om «~ ~ ~ ~~° am c x. m°'a~^~ ~.~~.~o~ wo=oJ3 7 J N J J J j J~ X C ry 41 -~ J N F' N n ~. ~o O.JN N~ ~' ~,nZ m ya3 ~ ~'fD ~~~ ~ y 4 D _ n N Z N 3 O_ D a a m N fn N _~ fD fD w a 0 n' sn a a ~~ ~, ~~a ~ ~~; ~~ ~,1 m ~o~`°~ N ~ ~ ' N fD °~ ~ ~ ~~ o ~ ~m o ~ ~ - ~ c ~ y m ~ J ~ ~ ~o ~ a~ m. ~ ~ m om~ n = ~ ^ ~ ~"~ Ql °'a ~ ~~ m N J ~ 7 .~+ 7C ~o O fD O fD 'O .D ~ N a-o m~ m ~ m'o ~ ~ c _ ~. N' y ~ w ~ c ~ ~ n ~ x N <~ N ~ SU N ~ a ~ ~ a ~ D O ~, m V i ~- ~ x C7 (n ~ o' n' o' ~m ~ 3 m ~ o o~ ~ v ~. N X177 Q y _ ~' 0 07-^ (~ ~ ~ +~ N ~ ?~ C fR _ TI (n ~ QO d l mO ~1 - y n cp N ~ = 1 ~ N (D v ~ ~; N I ~ CITY OF MERIDIAN RESEARCH REQUEST ~Q~ / ~ Name: j ~ l Date ~~ gJ Phone: ~~ Time: ~ 5 Description: ~~~ f1~1~ ~,~~ ~_i7~ ~ ~~ ~~ ~~ - ~~ ~ ~ ~1 ~c K ~~ f . . `~1~ K- a ~--c (~ ~C C ~~I C ~~ e K 5~ ~ Results/Findings: ~`]~ /~, ~-I~ C~^~. ~~, ~~ Vim ~t~-~- a- ~.}-~' ~~~e.~-K~~~~ ~ and ,n ~ n Gr / ~ f"'~s L.Y ~t'- ~~JC~t G~!'lC~ ~,~. Ll~v 7°~~~ ~`t'°I ICh'~ C~~-Gi ~{` 5 f ~. ,. OI , REQUESTOR'S SIGNATURE: `' # of pages• Date Finished: Staff providing information: ~ r ~"~~`'~ ~ ' ~ ~ Time required: Staff Comments: RECEIVED AUG 2 0 2001 August 15, 2001 7?.a~r,~ia & ~l~nid~ac~ ~I~cigat~o~ Dia~zict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 J. J. Howard J. J. Howard Engineering 1675-A Hill Road Boise, ID 83702 Re: Pintail Pointe Subdivision Dear Mr. Howard: CITY OF MERIDIAN Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The pressure irrigation specialist for the Nampa & Meridian Irrigation District, Mr. Ted Clinton was called out to the above-mentioned project. It appears an open water users ditch has been removed from the east side of the property boundary and relocated on the west. The relocation is directly over the proposed pressure irrigation line and is unacceptable. The ditch must be moved back to the east side of the pipeline so the District can maintain the pressure irrigation. If you have any questions, please feel free to contact me. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File Board of Directors Secretary-Treasurer Water Superintendent Pressure Irrigation Specialist - T. Clinton City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 11 ~EGEIVED CENTRAL •~ DISTRICT AUG - 3 2001 ~ NAT DEPARTMENT i~AfN OFFICE ~ 707 N. ARMSTRONG PL ~ oO!St, !~ c~i0'St (~~}.~I~,~~_g rj'~ Tn prei~e~rt ancf beat disease attd disabifit_y; to prot~aoze fieattlt_y li/est~~le.r; acrd to protect arar~ proaiaote [3fe healti: nt~d E~uatity ~f offer en.~~iro~rn;ent 01-0630 July 31, 2001 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE, ID 83702 RE: Pintail Pointe Subdivision Dear Mr. Navarro: Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on July 31, 2001. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call 327-8528. Sincerely, r ~~1 ~~ ~~i~ Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian Pintail Development, LLC J. J. Howard Consulting Engineers MR:bm ~ervirt~ ~'alie}t f~ltrtore, Boise, ~r.d Aida ~t,~ttttties Ada / 6oise County Gftice 707 N, Arnie ~r:e PL 5GiS2, iU 53704 Enviro. HecPth' 327-744~i family P;cr ing, J-74GG ;fnrr~UriZO?i^vn5 327-'/q5G Senior Nutr!tion: 327-74G0 WIC: 327-7488 A,~'., 327-850C .~.da-WIC SetelEite Gffic~ i bud ,lcber' S Bolse IC 837Cc ":.3.5^ ~38c FAX s[ .?fir c€mare County Office C E r~i + tee' ~,_. am 5?~-440- Vv'i~..; ..8 ~ -440"- . ~P.X' .581-3~'t' Vailey Ccunty Office C~ ~ti c'.re~, F-0. COX 1445 (`.err GII V. 53F35 Pry c34-719c hX:h3,4-11 ~ ~. SfU6' VISION EVALUATION S~ .ET ~ U N 1 3 2000 Proposed Development Name Pintail Pointe Subdivision e File ~ P~0-01 ~`~~ ~ ~~~~ '~~~t `.~'~' Date Reviewed 6/8/00 Preliminary Stage XXX Final Engineer/Developer JJ Howard Engineering The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. _The following streets are existing and the names shall appear on the plat "CHERRY LANE" and "BLACK CAT ROAD° The name "MANSHIP" has been placed on the reserved list for this development If the street continues south it shall be a "WAY°. If it terminates in a cul-d-sac it shall be a "PLACE° The vet unlabeled street shall be "W ASPEN CREEK STREET" as it will align with that street ~f is i .n a S-1-t'~-F- harm "~J. ~ItM~. C~e~ S~*'~~ ~ f~ Sha(/ C~!'~ of tn~ v-'~,. The above street name comments have been read and approved by the ollowing agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE A( ENCY RE¢'~F ENTATIVES OR DESIGNEES Ada County Engineer John Priester ~__~~~ `~/h~~ Community Planning Assoc. Sue Hansen City of Meridian Cheryl Sable Meridian Fire District Representative ~~~v 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 11!! Sub Index Street Index Section Date Date ~.~~~ Date 4 ~ Date ~"lZ "~~' NUMBERING OF LOTS AND B TR\SUBSISM_CITY.FRM ~`I~~ED - R~.~l, OF t1 ,i i~~j~ :,..:~; ~Et i GtP~j~ I UQQ~OC}9t~ QUITCLAIM DEED FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, JOHN A. FACKELMAN and MURIEL D. FACKELMAN, CO- TRUSTEES OF THE JOHN A. AND MURIEL D. FACKELMAN TRUST, U/T/A DATED THE 28TH DAY OF DECEMBER 1998, as the owners of the real property situated in Ada County, Idaho, which is fully described on Exhibit A attached hereto and incorporated herein by this reference, HEREBY CONVEY, RELEASE, REMISE, AND FOREVER QUITCLAIM unto JEFFREY L. MANSHIP, a single man, whose complete mailing address is 4375 W. Cherry Lane, Meridian, Idaho 83642, the real property situated in Ada County, Idaho, which is fully described on Exhibit B attached hereto and incorporated herein by this reference, including, without limitation, any easements or rights of access that exist in favor of the property described on Exhibit A over and burdening the property described on Exhibit B. DATED: ~ =~3 - ~.ooy THE JOHN A. AND MURIEL D. FACKELMAN TRUST, U/T/~A~28TH DAY OF DECEMBER 1998 By: A.~F~a~l~elfilan, Co-Trustee Muriel D. Fackelman, Co-Trustee Q b ~~ ~-~ QUITCLAIM DEED - 1 ~-,. i•-~ STATE OF IDAHO ) ss. County of Ada ) On this~it~Qday of ~~ 2000, before me, ~~,ei//C c ~. /- ~ ~,~ E , a No ary Public in and for said State, personally appeared JOHN A. FACKELMAN and MURIEL D. FACKELMAN, known or identified to me to be the CO-TRUSTEES OF THE JOHN A. AND~IURIEL D. FACILELMAN TRUST, U/T/A DATED THE 28TH DAY OF DECEMBER,~e trust that executed the within instrument and the persons who executed the instrument on behalf of said trust, and acknowledged to me they executed this instrument in their capacities as trustees and the trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .~'~' ~C E A • T ~~''. f ` V w • tv O T,q ' 'y • • ~•.. S A~ ~*; ~n BLtG • . ,~, ~. • ••'.9T '••.....~• O •`~ s~~f /1~~~~~~~~~, Notary Publ' daho Residing at ~~~~ My commission expires /o-ice 0,5~ QUITCLAIM DEED - 2 04/13/00. THU 10:45 FAX 208 322 559r FIRST AMERICAN TITLE ORDER Nb. 99oB2553 EBN EXHZ82T *A" PARCEL A A portion of that tract of land de~tcribed in Instrument Nos, 7503067 and 926078$, reaords a# Ada County, Idaho, located in the Northwest Quarter of the Northwest Quarter of Section 10, Township 3 North, Range 1 west, Boise Meridian, Ada Cour;ty, Idaho, more particularly described as follows: COMMENCING at the corner common to Seeti,ons 3, 4, 9 and lp, Township 3 North, Range 1 West, Boise Meridian, gr~ which the Quarter corner common to said Sectipng 3 az:,d 10 bears South 89 degrees 40'23" Bast 2,645.05 feet; thence South 89 degrees x0'23^ East 1,323,69 feet to d point; from which the West 1/16 corner beaz8 North 89 degrees 40'23" West 1,11 feet; thence South 00 degrees 01'18" west along the Weat boundary cf that tract of land as described xn said Instrument No. 7503067, a distance of 61,6.02 feet to the REAL pCIHT Ofi BEGINNING; thence Continuing South 00 degrees 01'1$^ West a diskance of 656.49 feet to the Southwest corner of said tract; thence South 89 degrees 27'45" East 330,23 feet to the Southeast corner of said Tract; thence North 00 degrees 14'12* Bast 649,70 feet along an existing fence line sad the West boundary of ROD'S pARKSIDf; CREEK sUHDIVISZON N0, 3, said West boundary being common to the East boundary of a triangular shaped parcel as described in Tnetrument No, 9260788, records of Ada County, Idaho; thence North DO degrees 39 4:." Best 8.00 feet to a point; thence North $9 degrees 40'23" west j32.75 feet to a point_ PARCEL 13 The Easement Created by WA1tRANTy DEED Grantor DEWiA~Ng p,. AND PATRTCIA A. 1RtBHL TRIIST Grantee MICHAEL JAMES BROWN, et al Recorded DEC$2~ER 28, 1993 Instrument No. 93110125 Described as: A thirty foot non-exclusive easement £or vehicular and pedestrian ingress, egress and utility Services for the benefit d£ the parcel herein conveyed, which easement shall be permanent and perpetual, which easement shall run with the land, aver and across the following tract of land: ~ 003 -].- 04/13/00. THU 10:45 FAg 208 322 5597 FIRST AMERICAN TITLF.~ ,,,..~ ConCinuatxon of Exhibit A ~rdez No.:g9082553 F38N A 3o foot wide strap of sand located is the Northeast Quarter o~ the Northwest Quarter of Section 10, Township 3 North, Range 1 Weet, Soise Meridian, Ada County, Idahp, more particularly described as follows: C(}t~-ENCING at the corner Common to Sections 3, 4, g and 10, Township 3 North, Range 1 west, Boise Meridian, from which the Quarter corner common said Sectiptts 3 axd 10 bears South 89 degrees 40'23" Fast 2,645.05 feet; thence South 89 degrees 40'23" Eaet 1,323.69 feet to a point; from which the W°.et 2/16 cornea bears North 89 deg~eea 40'23" west i.11 feet; thence South 00 degrees 01'18" West 25.00 feet ro a point on the South right of way of W, Cherry Lane and the South OORd gre~e p1o188EWest6~i,~2e~eetctotanpo3nt; Chence South 89 degrees 40'23" Bast 30.00 feet to a point, thence North 00 degrees OZ'28" F.agt 641.02 feet to a point pn the South right of way of W. Cherry Lase; thence North 89 degrees 40'23" WSet 30.00 #eet to the POINT OF BEGINNING, ~C~ f~7004 -2- FA-106471/HC Your No. KUEHL TRUST/MANSHIP E%HIBIT "R" A parcel of land being a portion of the Northeast quarter of the Northwest quarter of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a found Brass Cap marking the Section corner common to Sections 3, 4, 9, and 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence South 89°40'23" East 1322.58 feet along the north boundary of the said Northwest quarter of Section 10 to a set 5/8" iron pin marking the West One Sixteenth corner of said Section 10, said pin bears North 89°40'23" West 1322.51 feet from a found Brass Cap marking the North Quarter corner of said Section 10; thence continuing South 89°40'23" East 1.11 feet along said north boundary of the Northwest. quarter of Section 10 to a point; thence South 0°01'16" West 44.93 feet to ~a set •1/2" iron pin marking a point of the southerly right of way of Cherry Lane said pin also marking the REAL POINT OF 3EGTNNING; thence Southi89°41'01" East 203.46 feet along said southerly right of way of Cherry Lane to a set 1/2" iron pin; thence leaving said southerly right of way of Cherry Lane South 0°06'09" East 351.29 feert to a set 1/2" iron pin; thence North 89°41'01" West 124.00 feet ~o a set 1/2" iron pin marking a point on the east boundary of that certain parcel described under Instrument No. 8707411 and the west boundary of that certain parcel described under Instrument No. 574474, records of Ada County, Idaho; thence South 0°06'09" East 266.34 feet to a found 5/8" iron pin marking the Southwest corner of said parcel as described under Instrument No. 574474, and the Northwest corner of that certain parcel as described under Instrument No. 9260788, records of Ada County, Idaho; thence South 89°40'19" East 4.00 feet to a found 1/2" iron pin marking the Northeast corner of said parcel as described under Instrument No. 9260788, records of Ada County, Idaho; thence South 0°39'41" West 3.53 feet along ,the east boundary of said parcel as described under Instrument No. 9260788, records of Ada County, Idaho to a found 1/2'! iron pin marking the Northeast corner of that certain parcel described under Instrument No. 93110125, records of Ada County, Idaho; thence CONTINOED 8 E%HIBIT "A" LEGAL CONTINIIED FA-106471/HC Your No. KUEHL TRUST/MANSHIP North 89°40'23" West 332.75 feet to a set 1/2" iron pin marking the Northwest corner of said parcel as described under Instrument No. 93110125, records of Ada County, Idaho, and being a point on the wes~ boundary of said parcel as described under Instrument No. 8707411, records of Ada County, Idaho; thence North 0°01'16" East 621,09 feet along said west boundary as described under Instrument No. 8707411, records of Ada County, Idaho to the REAL POINT OF BEGINNING. i ~{7 9 March 16, 2001 MERIDIAN CITY COUNCIL MEETING March 20, 2001 APPLICANT Kelly Hunemiller ITEM NO. 22 REQUEST Time Extension of Final Plat for Pintail Pointe Subdivision originally approved June 20, 2000 - s/o Cherry Lane, e/o Black Cat AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MER-DIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: ~fs ll C.~- tie i~ dYta COMMENTS See attached ~~'~ ~ Q,~ ~'" ~~ Date: Phone: ,~~ ~ ~~ Materials presented at public meetings shall become property of the City of Meridian. ~~ ~~E C E I VED ~IaR o s zoos CITY OF MERIDIAN CITY CLERK OFFICE 33 ~ oQs.~-~ //~ ~~~Gw`t ~ ~Cl~ dSSYL vs~s ~J ~ ~. /~~~/~~ ~Q~/~,~ ~~ ~ ,~ Cie. ~ G~ ~ , ~~ ~~~,~~ ~ rvz). ~' ~ . ~/- y°~- ~ ~ spa 1'Q~e ~, m~ ~ ~°By- 3sY3 ~~ `t ~~ ,. ..,~ i Q >+ N ~ > ~ 0 W ~ ~ ~ r~ ~ ~~~~ M O o "' c° `~ L N Us 4 . t "c ~ ~~ ~ ~ o N ~ ~2 O ~ a X J Q ~ a F- O o F- N J C ° w ` ` V ~ ~ a W o '~ N ~ ~ ro ~. ~ r a T a v m o ~ o a E ~ ~ ~ W ~ ~ U m .O V ~/ _ U \~ ~ \ ~ ', ~ ~ w 'O > ^ O ~ ~ o .~ U ,~ ~ U ~ ~ ~ a m ~m N ~, ^ N ~ ~ c~ C Z ~ Q p i N ~ N } m ~. ro Q vo z a ~ ` U ~. MARCH 17, 2000 AZ 00-003 MERIDIAN CITY COUNCIL MEETING: MARCH 21, 2000 ~. APPLICANT: JEFF MANSHIP AGENDA ITEM NUMBER: REQUEST: FINDINGS -PRELIMINARY PLAT FOR 11 LOTS ON 3.68 ACRES IN PROPOSED R-4 ZONE FOR PROPOSED PINTAIL POINTE SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: „r~ ~ CENTRAL DISTRICT HEALTH: ~ NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materiels presented at public meetings shall become property of the City of Meridian. r-~ ~ interoffice M E M O R A N D U M r To: William G. Berg, Jr. From: Wm. F. Nichol Subject: PINTAIL POINTE SUBDIVISION FILE NO.: PP-00-001 Date: March 14, 2000 Will: ~~ p ~~' MAR 1 4 ~~~~ CITE 0~ i~;J;. b~~ ~'- Please find attached the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT, pursuant to action of the Council at their March 7, 2000 meeting. The Findings will be on the Council's agenda for March 21, 2000, meeting. Please serve conformed copies of the Findings upon the Applicant and the Planning and Zoning Department, Public Worlcs and the City Attorney office, if Council approves the Findings. If you have any questions arise please advise. ms~Z:\Worlc\M\Meridian 15360M\Pintail Subd\C1kCUPTimeExtFfC1030900.Mem MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless March 23, 2000 '" HUB OF TREASURE VALLEY 'h 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 Jeff Manship 4375 W. Cherry Lane Meridian, ID 83642 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221 I • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 Re: Request for Preliminary Plat Approval File No. PP 00-001 Findings of Fact and Conclusions of Law Dear Jeff: Enclosed is a signed copy of the signed Findings of Facts and Conclusions of Law approved on March 21, 2000, for the above-referenced application. Please feel free to call if you should have any questions. Sincerely, Shelby Ugarriz City Clerk's Office seu enc. f -~,1. ~~~ ~ ~~~~ ~~1Ar~ ~ 1; 2QOD G'1'I`Y ®1N i~~"'~I~~u'~~ BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN 03-09-00 IN THE MATTER OF THE ) REQUEST FOR PRELIMINARY ) PLAT FOR PINTAIL POINTS ) SUBDIVISION BY JEFF ) MANSHIP ) Case No. PP-00-001 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT The above entitled matter coming on regularly for public hearing before the City Council on February 15, 2000, and Shari Stiles, Planning and Zoning Administrator, and Gary Smith, Public Works, appeared and testified, and the Applicant, Jeff Manship, appeared and testified, and appearing and testifying with comments or concerns were: Bob Unger of Pinnacle Engineers, Inc. who represents Paul Edminister who is Projects West who is the Developer of English Gardens Subdivision which is the development directly to the west of this project, and George Davis, and the matter being continued until March 7, 2000, and Brad Hawlcins- Clark, Planning and Zoning Assistant Planner, appeared and testified, and no one appeared and testified in opposition, and the City Council having received a report from Bruce Freckleton, Assistant City Engineer, and Brad Hawkins-Clark, Assistant Planner, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTS SUBDIVISION (PP-00-001) - 1 applicant having submitted the latest Preliminary Plat Drawing Dated: 11-18-99, Drawn By: RWS, DRAWING NO. 314-10-410-000, SHEET 1 OF 1, CAD DWG: manship/prelplat.dwg, J.J. HOWARD, ENGINEERING/SURVEYING, JEFF MANSHIP, Developer, for PINTAIL POINTS SUBDIVISION, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Comprehensive Plan and Map, adopted December 21, 1993 and ,the property is presently zoned ,and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 C.] 2. The preliminary plat is in conformance with the Comprehensive Plan City of Meridian adopted December 21, 1993, Ordinance No. 629. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTS SUBDIVISION (PP-00-001) - 2 rti 4. The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions which are requested by the Planning and Zoning Administrator and the Assistant City Engineer and as proposed by the developer as stated on the preliminary plat there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. 7. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "Preliminary Plat Drawing Dated: 11- 18-99, Drawn By: RWS, DRAWING N0.3l4-10-410-000, SHEET 1 OF 1, CAD DWG: manship/prelplat.dwg, J.J. HOWARD, ENGINEERING/SURVEYING, JEFF MANSHIP, Developer, for PINTAIL POINTE SUBDIVISION". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-00-001) - 3 ~-, herein adopted: IT IS HEREBY ORDERED AND THIS DOES ORDER 1. The Preliminary Plat of the applicant as evidenced by "Preliminary Plat Drawing Dated: 11-18-99, Drawn By: RWS, DRAWING NO. 314-10-410-000, SHEET 1 OF 1, CAD DWG: manship/prelplat.dwg, J.J. HOWARD, ENGINEERING/SURVEYING, JEFF MANSHIP, Developer, for PINTAIL POINTS SUBDIVISION", is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: Adopt the Planning and Zoning Department and City Engineer Recommendations as follows: 2.1 Sanitary sewer service to this site is proposed to be an extension from the proposed English Gardens Subdivision. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. This development will be subject to Blaclc Cat Trunk expansion fees. These fees are currently estimated to be $1,500.00 per lot. These fees shall be due and payable upon city signatures on the final plat map. 2.2 Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 2.3 Applicant shall revise the preliminary plat to reflect plans for a pressurized irrigation system, (pumping facilities, piping, etc.), per the requirements of Meridian City Ordinance. Applicant shall indicate whether the pressurized irrigation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Irrigation District. If the system is to remain a private homeowners' association system, plans and specifications shall be reviewed by the Public FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTS SUBDIVISION (PP-00-001) - 4 ~. Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 2.4 Applicant shall coordinate fire hydrant placement with the Meridian Public Works Department. 2.5 A hammer-head turnaround shall be provided at the terminus of the east and west ends of the stub street providing frontage to Lots 1 and 2, Block 3. 2.6 Applicant shall show any existing easements of record on the plat and any plans for piping, relocating, or abandoning ditches. 2.7 Developer shall be responsible for payment of assessments and the actual physical connection to the municipal sewer and water system of the existing home located on Lot 2, Block 3. Fees are to be paid prior to signature of City Engineer on the final plat. 2.8 The minimum residential house size is 1,500 feet, exclusive of garages and shall be so noted on the face of the plat. 2.9 The 20-foot landscape buffer along Cherry Lane shall be designated as a separate lot (i.e. Lot 1, Bloclc 3) rather than an easement. The lot shall become a common lot of the subdivision and be maintained by the Homeowner's Association. A detailed landscape plan for this lot must be submitted with the Final Plat application. A letter of credit or cash surety will be required for the improvements prior to signature on the Final Plat. 2.10 There is a 30-foot wide, permanent, ingress, egress and utility easement along the west property line of this parcel (not shown on the plat). Applicant shall submit an application to vacate this existing easement FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-00-001) - 5 ~"~ ~'.. prior to submitting a Final Plat application. The easement vacation must be complete prior to the City Engineer's signature on the Final Plat. 2.11 The primary public road issue is important to receive ACHD's input on is the lack of connection to the unplatted, 5-acre parcel contiguous to the east. The length of the proposed Manship Place does not exceed 1,000 feet, so a stub street is not required under Meridian's Subdivision &. Development Ordinance. 2.12 If fencing is planned, Applicant must submit fencing details (location, construction type, height) with the Final Plat application. The perimeter fencing shall be constructed along the east and south boundaries during the time of any house construction to contain construction debris. The Planning and Zoning Commission further recommended: 2.13 That an easement be required to maintain their lawns. Adopt the Recommendations of the Ada County Highway District as follows: 2.14 Construct all streets within the subdivision as 36-foot street sections, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way. 2.15 Replace the unused curb cuts on Cherry Lane with curb, gutter and concrete sidewalk to match the existing improvements. 2.16 Extend Tudor Street into the site at the west property line between Lot 1, Bloclc 1, and Lot 3, Block 2. Construct Tudor Street as a 36-foot street section, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of-way. 2.17 Construct an ACHD approved turnaround at the northern terminus of Manship Place. Coordinate the design of the turnaround or lcnuclcle with District staff. 2.18 Building permits for this subdivision shall not be issued until the streets FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTE SUBDIVISION (PP-00-001) - 6 in the approved English Gardens have been constructed to provide access to the subject applicant. 2.19 Direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2.20 Pintail Pointe shall participate in the cost of construction of the lift station and pressure sewer line to be built and located within the English Gardens Subdivision. 2.21 Pintail Pointe shall participate in and utilize the pressure irrigation system proposed for English Gardens. 2.22 Pintail Pointe shall be a part of the Homeowners Association for English Gardens, and shall be subject to the same CCR's as English Gardens. 2.23 Pintail Pointe shall create a landscaped lot adjacent to the proposed landscape lot abutting Cherry Lane, which shall be a part of the common ground deeded to the Homeowners Association. By action of the City Council at its regular meeting held on the G~ f'~ y da of ~' c ~'~-~ , 2000. r By: ROB RT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. By~ ~ ~ Dated City Clerlc ms~Z:\Wor1cW1\Meridian 15360M\Pintail Subd\FfClsord.PP ~sv/~~ ,~,'~`a~',~~~~'r f ~, ~;~1 ~ ~,~,i / f/ ~'4fd /l' w ~ `(/^ ~' .~.~. ~~9~~r r~~ ~~ '~ ` ~ fit P ~^ `~.~,' ,``~~ ;~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT - JEFF MANSHIP FOR PINTAIL POINTS SUBDIVISION (PP-00-001) - 7 r. ~.. Certified Mailing Returns Project Name File No(s) Pintail Pointe Subdivision PP 00-003 AZ 00-003 Date of Hearing Name Address Reason for Return 00 Mar 07 Aaron Hymas 1 b69 N. Golfview Way Unclaimed y~ MARCH 3, 2000 PP 00-001 MERIDIAN CITY COUNCIL MEETING: MARCH 7 2000 APPLICANT: JEFF MANSHIP AGENDA ITEM NUMBER: ~~ REQUEST: PRELIMINARY PLAT FOR 11 LOTS ON 3.68 ACRES IN PROPOSED R-4 ZONE FOR PROPOSED PINTAIL POINTE SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE 2/15/2000 ITEM PACKET SEE ATTACHED LETTER FROM ACRD '" ;, G~~ ,,~ J_ ~ ~ ,~,~~ ~~ ~ ~ % I C~~ ~ // ,~ ~ ~. ~~ ~ G ~~ OTHER: Materials presented at public meetings shall become property of the City of Meridian. 88`~-3~~3 ~~ rn~~ lvv~ ~~~ ~- .~~u cou~t~ ~~~~wu~ ~~~t~~~t Judy Peavey-Derr, President 3~i is Last 3 ~ in ~ueet Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us January 26, 2000 ~J `~ ~~` ~ °~.~ JAN 2 8 2000 TO: JEFF MANSHIP 4375 W. CHERRY LANE ~ ;~ ~ ~ ~~~ 14--~- MERIDIAN, IDAHO 83642 ~- FROM: Steve Arnold, Principal Development Analyst Planning & Development ~ SUBJECT: Preliminary Plat: PINTAIL POINTE SUBDIVISION 4375 W. CHERRY LANE On January 19, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the payment of fee charged for the manufacturing and installation of all street signs. 4. If Public Right-of-Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two-weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15-days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services-City of Meridian Construction Services -John Edney Drainage- Chuck Rinaldi JJ Howard 1675 Hill Road, Suite A Boise, Idaho 83702 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat -Pintail Pointe/MPP00-001/ 4375 Cherry Lane 11-lots/Rezone MAZ00-003 The applicant is requesting preliminary plat approval for Pintail Pointe, an 11-lot residential subdivision on 3.68-acres. The applicant is also requesting annexation to the City of Meridian, and a rezone from R-3 to R-4. The 3.68-acre site is located approximately 1,300 feet east of Black Cat Road. This development is estimated to generate 100 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. On May 5, 1999, the Commission reviewed and approved Cherry Lane Estates, a 3-lot residential subdivision on this 3.68-acre site. The applicant has submitted a different preliminary plat for the site with an increased number of lots. This report reflects the revised requirements. Roads impacted by this development: Cherry Lane ACHD Commission Date -January 19, 2000 - 12:00 p.m. -- - , - ~ ~ r -~ - i •, I ~ -- ~ ;, - i i -~ 1 ~~ L ~ ) ~ - ,.. - - --,a. I ~ - i _ `. I ~, ~ ~ ~~ - I ~ ~. I i - ~ W' \_ ::. R .__, ' ~ 4=~'''~ '~ - - .... -.._ r ( `1 ~ ^- _~~. I i ~ ~ R-4 ~ -- ~ .~.. l~/IVTA~L !~ ^, ,_._ ~: ~; _.. ~ O -. - ` r ~. ~~~ ~ _.. i V ~\ ~. \,. - ~:. ~ ~, rr--- ~ ---~ _-„-_~ ~ ..~. ~ '~ ".. ~ # ~ I .~ I r. ~ r , f ~. r R1 Y~ --- --.,. ,~ V • •\ i=5t_ ,C ~ ~~,~ , - ~~-~ ~ ~~ ,\ ~. ~ ~ } ~ ~ ~~ r~ J.._. /~.J- R1/ 1 °--- ~--°" -" RT ~~~`~ - r-- ~ -- .,.,~ ~ .~OS~::~ ,fix/s~T~NeS .,Uu~i~w~:.Y~S.. - _. ... .. I ' .--G - - OP ` OP . T ~' ;~~ 102'.._ ::102'~~ .. ~ - .. ~ IRRIGATION. BOX '60 - - - - - - - -.- - - - -. - -~ ~ :WITH HEADGATE ,ATE 10,200 ~sf ~ = ; ~~ ~ ~ ~ 3 , ' ( ~ HOME '~I;. ~ - '4365: ~ . .. ... ~ :.26 10,200 sf:-- .. _ - I~ S~ AR~AG~ 9 - ~-J . V '~ v p - ~ ~ - rj .. ..qN - ~. • ~ ~ 3 ~ In . ~~ o _ ~ 77 :_ 75' -:~lo In e''~ ~ Q ^ H P U - O ~ y I 8120 Sf I~ ~ ~` IRRIGATION DITCH 8225 sf 5 ' . • • ... 75' IRRIGATION 80X. 77' ~ ~ - W I ~ ~ ~ I ~ ~ ,~ 8470 sf ~, 8250 sf I ~ ,J 2 ~ I .2 6to ~ I J ~ N "v~ I N ~- 76.g:. ~ 124.00' t~RO ~S~D ~ I 77' ~ I - r- ~ 200.6' ~N6~,lsH ~ Q - .. . G~.D~s ~ _ ~ '~ O ~ 3 r- 17..,735 sf r I ~ _ -_ :183' .. M ~:..... ' z 11,411 'sf - ~ ~ ..._ - .. :. - I N c _ w .4 - ~.I .. ° KH E C T l 0 ~ _ ~ ~ /~~W~J fi ~ -~ r J - - - ~ ~~ DOR ~; STREET ~ :1- ~~.. o . cn :: ' ~ ~ -140, .o. ... .. a. 11,628 sf `' N~ - :., -~ Q I ~ 2650 ~ Y .. •12,564 sf '` o ( ~ _ 140 _ _sr r ~~ . ~ ~...~»... - - --~ .. ~.. r Facts and Findings: A. General Information Owner -Jeffrey Manship Applicant - JJ Howard R-3 -Existing zoning R-4 -Requested zoning 3.68 -Acres 11 -Proposed lots 1 -Existing dwelling units 273 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Service Area Meridian -Impact Fee Assessment District C-herrv ne Principal arterial Traffic count 8,914 on 8/26/97 210-feet of frontage 90-feet existing right-of--way (45-feet from centerline) No additional right-of--way required Cherry Lane is improved with a 5-lane street section with curb, gutter and sidewalk abutting the site. Cherry Lane was rebuilt in 1996. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. Unless otherwise approved, construct all streets within the subdivision as 36-foot street sections, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet ofright-of--way. D. The applicant should be required to replace unused curb cuts on Cherry Lane with curb, gutter and concrete sidewalk to match the existing improvements. E. On July 7, 1999, the Commission reviewed and approved English Gardens, a 101-lot residential subdivision to the west of the site. As a condition of approval, that applicant was required to extend Tudor Street to the east property line. The subject applicant is proposing to extend Tudor Street into the site at the west property line between Lot 1, Block 1, and Lot 3, Block 2. The applicant should extend Tudor Street as a 36-foot street section, with curb, gutter and 5- foot wide concrete sidewalk within 50-feet ofright-of--way. F. The applicant is not proposing to extend Tudor Street to the east property line between Lots 4 and 5, Block 4, and District staff does not recommend a stub street in that location. The adjacent property to the east has an approved private road to serve the lots. PINTAIL.CMM Page 2 G. The applicant is proposing to constrict a turnaround at the north end of Manship Place. The applicant should construct an ACRD approved turnaround at the northern terminus of Manship Place. Coordinate the design of the turnaround with District staff. H. The applicant is not proposing to take any access to Cherry Lane, and is proposing to take access off internal streets approved in English Gardens. Building permits for this subdivision should not be issued until the streets in the approved English Gardens have been constricted to provide access to the subject applicant. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: Construct all streets within the subdivision as 36-foot street sections, with curb, gutter and 5- foot wide concrete sidewalk within 50-feet ofright-of--way. Replace the unused curb cuts on Cherry Lane with curb, gutter and concrete sidewalk to match the existing improvements. 3. Extend Tudor Street into the site at the west property line between Lot 1, Block 1, and Lot 3, Block 2. Construct Tudor Street as a 36-foot street section, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet ofright-of--way. 4. Construct an ACRD approved turnaround at the northern terminus of Manship Place. Coordinate the design of the turnaround with District staff. Building permits for this subdivision shall not be issued until the streets in the approved English Gardens have been constructed to provide access to the subject applicant. 6. Direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall specifically identi y each requiremen+ to hP rP~nn~icl rPrl a„ri ;nrlnrlP a ~x~,-;++P„ PXp ~n~tinn of why such a requirement would re ~1 in a ~nh~ anti~l her hip or ineq~ily The written request shall be submi ed to he Di ri no la er thin 9.00 a m on he day scheduled for ACHD ommi~ ion a rinn Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. PINTAIL.CMM Page 3 Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration hall ~p ~ ically identify each requiremen to he rernn~id rPrl and ;nrlnrlP written do tmentation of data that was not available to the .ommia ion a he time of it original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building constnuction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. PINTAIL.CMM Page 4 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. PINTAIL.CMM Page i FEBRUARY 11, 2000 MERIDIAN CITY COUNCIL MEETING: FEBRUARY 15 2000 APPLICANT: JEFF MANSHIP AGENDA ITEM NUMBER: 12 REQUEST: PRELIMINARY PLAT FOR 11 LOTS ON 3.68 ACRES IN PROPOSED R-4 ZONE FOR PROPOSED PINTAIL POINTE SUBDIVISION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED RECOMMENDATIONS v ~'~ u v^"~ BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. ~~~-~ ~~~ ~~~a ~ ~~11~~~1~~ ~e ~~. r~~ WHTTE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JuL1E 1{3.IIN FtscRFx WM. F. QcatnY, Iu ZOO EAST CARLTON AVEDtUE NAMPA OFFICE D. SAMUII. Jotarsox Wn LinM A MoRROw POST OFFJCE BOX 11 SO 104 Nun Av~UrSouTR . . Wn,ctnM F. Ntcxcx.s MERiDJAN, II>AAO 83680-1150 PosT O~tce Box 247 NAMPA, IDAHO 83633-0247 C'HIt[sTOPFmt S. NYe TEL. (208)466-9272 Ptm.m A PEIIItSON Tn. (208) 288-2499 FAX (208) A6G.4403 STEPfIEP7 L. PRUSS FAx (208) 288-2501 ERic S. RossMnx Tobn A. ROSSMAN P L SE PLY TO R E E A DAVID M. SwnRTlar * ~ ~~ . . • ` , -~, AVlPtcll~V pFFtC!} TIItRracrR. WHITE E-Mnu.: d~@wppmg.com ~~~~~~ ,! To: Staff/Applicant/Affected Property Owner(s) ~ ~ - 2 2000 Re: PP- City Council Hearing Date: February 15, 2000 - _ ° '` ~'~~~ lv~... ~s~.~r~l~~ FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to ensure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: That you take time to carefully review the Findings and Recommendations of the Plaruiuig and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and 2. That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if passible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight ($) copies. The copies will be presented to the Mayor, Council, Plaiuung and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. very truly yours, ity Attorn . 's ffice Enclosure ~/ ~1 BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR PINTAIL POINT SUBDIVISION, JEFF MANSHIP, Applicant I ~~ ,.,r ~ ~ g ~ ~-' a :; E E B - 2 2000 CjT~ ®F i~ 1~~~ The property is approximately 3.68 acres in size and is generally located on the South Side of Cherry Lane East of Blaclc Cat Road in Meridian, Idaho. 2. The owner of record of the subject property is Jeff Manship of 4375 W. Cherry Lane, Meridian. 3. The Applicant is the owner of record. 4. The subject property is currently zoned Ada County R-1. An application for annexation and zoning to Medium Density (R-4) is under consideration by the City Council. The zoning of R-4 is defined within the City of Meridian's Zoning and Development Ordinance Section l 1-7-2C. 5. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 6. The Applicant proposes to develop the subject property in the following manner: residential subdivision. 7. There are no significant or scenic features of major importance that Case No. PP- RECOMMENDATION TO CITY COUNCIL RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT -PINTAIL POINT SUBDIVISION ~ JEFF MANSHIP ~ ~ affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the fallowing: Adopt the Planning and Zoning Department and City Engineer Recommendations as follows: 1.1 Sanitary sewer service to this site is proposed to be an extension from the proposed English Gardens Subdivision. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. This development will be subject to Black Cat Trunk expansion fees. These fees are currently estimated to be $1,500.00 per lot. These fees shall be due and payable upon city signatures on the final plat map. 1.2 Subdivision designer tv coordinate main sizing and routing with the Public Works Department. 1.3 Applicant shall revise the preliminary plat to reflect plans for a pressurized imgation system, (pumping facilities, piping, etc.), per the requirements of Meridian City Ordinance. Applicant shall indicate whether the pressurized imgation system within this development is to be owned and maintained by the homeowners association or the Nampa & Meridian Imgation District. If the system is to remain a private homeowners' association system, plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT -PINTAIL POINT SUBDIVISION -JEFF MANSHIP ~ ~'1 developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 1.4 Applicant shall coordinate fire hydrant placement with the Meridian Public Works Department. 1.5 A hammer-head turnaround shall be provided at the terminus of the east and west ends of the stub street providing frontage to Lots 1 and 2, Block 3. 1.6 Applicant shall show any existing easements of record on the plat and any plans for piping, relocating, or abandoning ditches. 1.7 Developer shall be responsible for payment of assessments and the actual physical connection to the municipal sewer and water system of the existing home located on Lot 2, Bloclc 3. Fees are to be paid prior to signature of City Engineer on the final plat. 1. $ The minimum residential house size is 1,500 feet, exclusive of garages and shall be so noted on the face of the plat. 1.9 Staff recommends the 20-foot landscape buffer along Cherry Lane be designated as a separate lot (i. e. Lot 1, Block 3) rather than an easement. The lot shall become a common lot of the subdivision and be maintained by the Homeowner's Association. A detailed landscape plan far this lot must be submitted with the Final Plat application. A letter of credit or cash surety will be required far the improvements prior to signature on the Final Plat. 1.10 There is a 30-foot wide, permanent, ingress, egress and utility easement along the west property line of this parcel (not shown on the plat). Applicant shall submit an application to vacate this existing easement prior to submitting a Final Plat application. The easement vacation must be complete prior to the City Engineer's signature on the Final Plat. 1.11 The primary public road issue Staff feel is important to receive ACHD's input on is the lack of connection to the unplatted, 5-acre parcel contiguous to the east. The length of the proposed Manship Place does not exceed 1,000 feet, so a stub street is not required under Meridian's Subdivision & Development Ordinance. RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT -PINTAIL POINT SUBDIVISION -JEFF MANSHIP /'*, ~ 1.12 If fencing is planned, Applicant must submit fencing details (location, construction type, height) with the Final Plat application. At a minimum, Staff recommends perimeter fencing be constructed along the east and south boundaries during the time of any house construction to contain construction debris. The Planning and Zoning Commission further recommended: 1.13 That an easement be required to maintain their lawns. Adopt the Recommendations of the Ada County Highway District as follows: 1.14 Construct all streets within the subdivision as 36-foot street sections, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of--way. 1.15 Replace the unused curb cuts on Cherry Lane with curb, gutter and concrete sidewallc to match the existing improvements. 1.16 Extend Tudor Street into the site at the west property line between Lot 1, Block 1, and Lot 3, Block 2. Construct Tudor Street as a 36-foot street section, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet of right-of--way. 1.17 Construct an ACHD approved turnaround at the northern terminus of Manship Place. Coordinate the design of the turnaround or knuckle with District staff. 1.18 Building permits for this subdivision shall not be issued until the streets in the approved English Gardens have been constructed to provide access to the subject applicant. 1.19 Direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 2:\Work\M\Meridian 15360M\Pintail Subd\PP1atRec.wpd RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT -PINTAIL POINT SUBDIVISION -JEFF MANSHIP " ~- ~~ l ~ l~ ~- ,~ ~~ 2-~~~-Q~ Home Builders /Land Developers February 10, 2000 City Council Members City of Meridian 33.East Idaho Meridian, Idaho 83642 Re: Pintail Pointe Subdivision Annexation, Re-zoning & Preliminary Plat Approval To Whom It May Concern: R~°~~D F E B 1 4 ~OOU CITY OF MERIDIAN We are in receipt of a notice announcing that a hearing is to take place on Tuesday, February 15, 2000, regarding several issues on a proposed plat called the Pintail Pointe Subdivision. As owners of the adjacent property/plat that we are in the processing of developing called (English Gardens), we are writing to express our concerns and to state that we are formerly against the approval of this proposed plat under the existing design. Under the parameters that we have received, first and foremost this proposed plat has no direct entrance. If we should decide not to proceed with our particular development, there would then be no access or entrance off from Cherry Lane for anyone to enter into this plat. It is interesting that they are requesting approval of the plat with their main access being our particular plat. Secondly, we were never contacted regarding any aspects of the sewer implementation. It appears that they will be relying on our pump station to carry their sewage load. Our calculations were never intended to account for an additional 11 lots being added to our pump station load. Finally, we have no idea as to the type and quality of residences being considered for this plat. Since our main entrance is to be their primary access as well, is it our Homeowners Association's responsibility to maintain their entrance regardless of the style of home to be built? In other words, if they (Pintail Pointe) were to put in less expensive or manufactured homes, someone entering into English Gardens may assume that their plat was a part of our development. As you can see, we have some legitimate concerns and there definitely needs to be some specific clarification before we could agree to support this proposed plat. Until that informati~pn-~defined, we would have to go on record as opposing this proposal. ~~r~~. Paul M. Edminster President cc: Pinnacle Engineering 2014 Meridian Street South • Puyallup, WA 98371=7510 • Phone (253) 841-5603 • Fax (253) 841-5637 e-mail: pwihouse@aol.com r~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7.30 p.m. on February 15, 2000, for the purpose of reviewing and considering the application of Jeff Manship for annexation and zoning of 3.68 acres from rural residential to single-family residential for the proposed Pintail Pointe Subdivision located on the south side of Cherry Lane and east of Black Cat Road; Furthermore, the applicant is requesting a preliminary plat approval for eleven (11) building lots on 3.68 acres for the proposed Pintail Pointe Subdivision located on the south side of Cherry Lane and east of Black Cat Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 20th day of January. - /`~` - WILLIAM G. BERG, JR., CI CLERK ``\``\~~F ~ {MEN ~~~''%. PUBLISH January 28th,. 2000, and February 11th, 2000. ~ .G Fo i~~33AJ U3d' Y . ~~ _ s.~,.. ~ _ _ - __ /~( _F L\` / _ __ - .~- 2c~~'~ J',)lRi aff w•tV 'rflr'r~rscl'iT.i~ti~:/ir.~~~r~pr~l~ ~11 ~ -,~ 1 r ` ~, mu J Rapti ..+ ~ Ra1m]/^- I ~ 1 :r, ~':b:. 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IMrpb '~ T ~ ,~ ,: •~. ~: . `~ -_ e F ,~~ P SI "~ ~~ ~ ~ i .~'s a A~~A TJD 8 ~ ~ rrX ~~ ~ ~ ~. `, ~ . ~~-.' ~ + ~ .1 ~r;: ~1'33i63frtl1l ~, ~ F ~r 11 s ; t 1 „ pew '' a ~ ~ I.s~ ~ ; L;'~ :. ~_ slalo113w ++ ' ' "1"rn]a1tl 1 : ~ { : ~ ~(~ 'LR - ~) .. f: 1 Lrl 1 I~ filJ.11Y1 , t ' 1 Rrolfltltw ' ~~ I Rf{Sfltlltl R163/1M1 ~ I aHXiaOK; ~IRSSY3.plw , Rt ' •.a ~ '£ '~.. fialf3.pa .F ~ ~ ~'• 1 ^s Rl~il7plr rnlnwaoo fi;:l3tl! ao RI]Jf>W1w1 ._-...-- ~. ~.....,. ,_, _. 7 .. .. ' ~ R~M)tllJO . .eira p4 x v - Y•^ a1.p1~ ~~~~^ 3 u su[p~y1~JtvT i •. flaafJforacn~. 3 ~~_,_ p>,,.aov. 1 J. J. HOWARD --~-_~ ENGINEERING & SURVEYING '-- _ •><...~,,, 1675A Hill Road ~~-•.~,o BOISE, IDAHO 83702 ~'" ~'~~ , (208) 344-0574 '~'"'='~=__~_ _. . W W Z (3 Z W cs z J N Z O U D O z ^ .-, a N N O 4 N W N N ~o r ~- 7-~C. ~~~~n~ls~-~l ~8 March 3, 2000 P & Z Commissioners City of Meridian City Hall 33 E. Idaho St. Meridian, Idaho 83642 1EtE: PINTAIL POINTS SUBDIVISION Dear P & Z members, ~~ ~~,E CEIVE~ ~iAR D ~ 2GCt~ CITY OF MERIDIAN CITY CLERK OFFICE This letter is in response to concerns brought up during the previous P & Z hearing for this project. JeffManship, myself, Bob Unger from Pinnacle Engineers, and Paul I/dminster, the developer of English Gardens, met on Thursday March 2, to discuss the two prv_jects. We have come to the following mutual considerations regarding the two subdivisions. 1. Pintail Pointe will participate in the cost of construction of the lift station and pressure sewer line. 2. Pintail Pointe will participate in and utilise the pressure irrigation system proposed for English Gardens. 3. Pintail Pointe will be a part of the Homeowners Association for English C'rardens, and will he subject to the same CCRs as English C7ardens. 4. Pintail Pointe will create a landscaped. lot adjacent to the proposed landscape ]ot abutting Cherry i,ane, which will be part of the common ground deeded to the Homeowners Association. 1 hope this letter has addressed the concerns the Commission had during the first hearing. Sincerely, Julie A. Parker ~. The Idaho ,,_,,~~~ ~~,~~ i~i;~s;. Statesman _ ; .. -~,,~, P.O. BOX 40, BOISE, IDAHO 83707-0040 ~1_~ ` .,..- LEGAL ADVERTISING INVOI~'L~ ~' ~ ~ ~~ M~b ~_-- - -------- I $59.14 AccountNumber/Trans.k -----~-Identltlcatlon ~ ---------------------_---- 064514 186204 PINTAIL POINTE SUB ------ Ordered By ~ ~P.O.NUmber---~---~------~-- Rate LSHELBY - - ---- ~~ NT :'CITY OF MERIDIAN 33 E. IDAHO AVE 'MERIDIAN, ID 83642-2631 UBL C HEARICNta to NOTIOCrdinancesRofBhe Cif oNf and the Laws of the State of li fhe City Council of the City of will hold a public hearing at the ary 15, 2000, for the ~purpo a of ~eviewhi and considering the application of Jef acaesh fom au al are tlentia/ togsingleF family residential for the proposed Pintail Pointe Subdivision located on the south side of Cherry Lane and east of Black Cal Road; ing a pre Iminarvhplat eplp oval for @I@V n (11) building lots on 3.68 acres for the pro- onsthe soluthlside of CherrylLane and easdt of Black Cat Road. above property is onafile eri tt le City C ark's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A copy of the application is available sopns shall be~heard ats aid Ipubllc ear ng and the public is welcome and invited to submit testimony. DATED this 20th day of January. WILLIAM G. BERG, JR., CITY CLERK Pub. Jan. 28, Feb. 11, 2000 6116 ,~ a~....•.~ ,t ', s a . L A S+ ~o ~ Off' s : C • ~ S ~' •~ ~ ' .a .~ J '~.~ yo ~ j Eatfmated Inches 39 LINES k Affidavits 1 Reallnches Legal Number 6116 JANICE HILDRETH ,being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO ^ consecutive weekly ^ single ^ consecutive daily Dodd skip insertion(s) beginning with the issue of JANUARY 28 2000 and ending with the issue of FEBRUARY 11 2000 STATE OF IDAHO ss. COUNTY OF ADA 1 On this 11TH day of FEBRUARY_ in the year of 2000 _ before me, a Notary Public, personally appeared JANIC_E HILDRETH __ _ known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the statements therein are true, and acknowledged to me that she executed the same. Notary Publlc for Idaho - Residing at: Boise, Idaho --- --- -------- - Run Dates - ----- - JANUARY 28, FEBRUARY 11, 2000 My commission expires: NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on February 15, 2000, for the purpose of reviewing and considering the application of Jeff Manship for annexation and zoning of 3.68 acres from rural residential to single-family residential for the proposed Pintail Pointe Subdivision located on the south side of Cheny Lane and east of Black Cat Road; Furthermore, the applicant is requesting a preliminary plat approval for eleven (11) building lots on 3.68 acres for the proposed Pintail Pointe Subdivision located on the south side of Cherry Lane and east of Black Cat Road. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 20t" day of January. WILLIAM G. BERG, JR., CI CLERK 1~1n11111F~f~lCf/f~f ~~ ` / tr' PUBLISH January 28t", 2000, and February 11t", 2000. ,~~\ G~\~GOt,POfpq~~ ~'~'}r '~-,' .~ ~.Is ~~ ~~' ~~ ~` `~~ ,, ~. ~~t°ffttrflflslll~~~~`\ - - __.. sRnar. _e,r.,.~ _ _. _ _... _.... .. urYWN a»auol aaR -"'~"- 't--~ R ,_.'~ ~ .~ VIEW. uusmvo xnlmwlN lulwla ~ 14,b ~4ryral;. 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HOWARD ENGINEERING & SURVEYING 1675A Hill Road BOISE, IDAHO 83702 (208) 344-0574 RIN17111 TR Rl171/1N01 ~ ! !/!,,lY RlssnlmN ` _ ~~~ •+ SU IVGSC •~ •~~ r»loiwlo ~a.~ Iaa.,lom __ _, }~ ` PI)rillpTNi R1WlNTIG\ ____ ~~ ;- ""` "' w~!rv`,~ GYJOC3L r 1~`7 f I U J441G7J r.e~~~~ !'~ ~' MANSi,HIP ~oP~~ ovvlv$>RS vdrr~avseo~ GQLF'V1EW ASSaC[ATFS LTA PARTNERSHIP P4 BOX 3510 KE'1'CHUM lD 83340-3510 W QUAKER RIDGE DR N f301.F'V11~W WAY 1681 NGOLFVIEW WAY `Y CI~.RRY LAI+11~ MOORHOUSI~ GREG A ~It MOORHOUSB KArIfER[I+IE L 1648 N GOLFYIE W WAY MERIDIAN lb 83642 HILLS RICK R dt HILLS GAYLA A 1674 N GOLFYLEW WAY MF.WDIgN ID 83642 BAl2R R08EItT A dt BARB KARIA J 1687 N GREENFIELD AYE MERmIAN Ib 83642-3912 HYMAS AARON M ~ HYMAS TIFFANY 1699 N QCIL,FYtgWt WAY 1MBRiDIAN ID 83642 SKOW MARGLE -°~~ 1655 N QaLF'yfERr WAY ~ MERIDIAN ID 83642 ;~ EVANS ALYWTN D & EVANS NANCY M 4349 W Q[•'AKER RIDGE DR MERII3IAN ID 83642.341 S WALKER JUSTIN C & UVALX>~JL JACiCIE G 4327 w QUAKER RJDQE DR MElIIl)IAIY IQ 83642 BYRNE MI.CHArEL P 6t BYRA~ NANCY I/ 4283 W QUAKER RIT?~ pR MERIDIAN ID 83642-1096 PROTECTS WEST IIYC 2414 MERIDIAN ST SOUTH pUYAI-LUP WA 98371-7~L0 N Bi[.ACK CAT Rb 1 N BLACK CAT RD 1VIANSHII' JEFFREY 4373 W CHERRY I.N MERIDIAN ID 83642 TURNER BRADC,Ir}r S 8c IAR1 ANN 4365 W CHERRY LN NIHRIDLAN Ip 83642 5433 DAMS GEORGB B 8t MILdRED L 4225 W CHERRY LN MERIDIAN ID 83642-5433 w CI{ERRY AYE 4225 W CHERRY 1,N FACKELMAN JOl'•AI' A .~ MIJRIEL D TR FACKEI~MAN J A 1~ M D TRUSTEES 1 X91 SSA W CRFEK WAY MERIDIAN ID 83642 W CEI6RRY LANJs vonlcxA x a DR ~ vaDIC1cA ]IAZEL 4200 W BLUE CRIrEK i7R MERIDIAN ID 83642208 SASS DEAN D ~ SASS SARI !, 4234 w sLUE cREEK DR MERIDIAN ID 836421208 SAI.L.EI= BIi,E7' dk SALES DEBBIE a256 w BLUE CREEK DR MERIDIAN Ib 83642.42pg KNAUSS MI'C,HAEL W ~& [~IAUSS SHARI L 1369 N SA W CREEK WAY 1~+lERRfIAN ID 83642.4228 WALKER GARY O 8r WALKER DJANNA L 1342 NsAwcREEK waY MERIDIAN ID 83642228 MATIRSEN BARBARA JANE 1335 N SAW CREEK WAY 1~RiDU1N iD 83642~2Z8 i.AIVH na i ~ S dt LANE NANCY L ] 3l7 N SAW CREEK wAY IvIER>DIAN ID 83642 *~ TOTAL PAGt,~2 ~~ Meridian Planning a~'`~oning Commission ^~ January 12, 2000 Page 36 Borup: Looks to me like the only issue was the landscape buffer. Never mind there wasn't any issue on the annexation and zoning. Barbeiro: I make a motion that we recommend approval to City Council with staff comments, Item number 8 request for annexation and zoning of 3.68 acres from R-1 to R-4 for proposed Pintail Point Subdivision by Jeff Manship. Brown: Second. Borup: All in favor? MOTION CARRIED: ALL AYES 9. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR 11 LOTS ON 3.68 ACRES FOR PROPOSED PINTAIL POINTE SUBDIVISION BY JEFF MANSHIP- SOUTH SIDE OF CHERRY LANE EAST OF BLACK CAT ROAD: Borup: Steve anything additional. Siddoway; Nothing thanks. Borup: Mr. Manship, anything additional you'd like to add. We will incorporate your previous testimony into this hearing. Commissioner's any questions or comments. Barbeiro: Mr. Chairman, with regards to the comment about the homeowners association caring for the landscape buffer, if no homeowners association will be formed, what are our options. Borup: Maybe Kent would like to address that but the ones I have been involved in the developer put i~ the landscaping, put in the buffer and had it in the covenants it was to be maintained by the particular lot owner. Brown: That is one option I believe. The other one is that we can require them to have a homeowners association and my recommendation would be that the CC&R's be reviewed by the City Attorney to make sure that its going to maintained. The other way that you can do it is ask the homeowners to do it, but if it is not maintained, then the homeowner is responsible. But I don't think that- Borup: The one I was involved in there was a notation right on the plat, even showing a landscaped easement with a statement that it was to be maintained by the adjoining property owner. I don't know if that was necessary but it was on the plat in addition to the covenants. Barbeiro: Steve, did you have any suggestions on the assumption that no homeowners association was (inaudible) and how we might make sure that- ,~ Meridian Planning anc. ~oning Commission January 12, 2000 Page 37 Siddoway: I don't know. I can sympathize but the issue is that the city cannot enforce CC&R's. So, if it is simply left up to the CC&R's, even if we approve them and they are in there and we agree that they are good, the city has no teeth to enforce those. If they are or if it is a common lot with conditions put on the plat, to be maintained by a homeowners association, then we do have the ability to enforce that. That is our perspective. Brown: You can put into them that CC&R's be reviewed and approved by the City Attorney and that they cannot be changed or devolved without specific approval from the city. Siddoway: We can do that but if they are not living up to the CC&R's, we can't enforce that is my understanding. Maybe the attorney could speak to that. Swartley: That is correct Steve. We would have no enforcement on that. The thing to do would be to have a homeowners association to enforce that. Borup: Let me ask another question. Is the city enter into an agreement with the property owner as far as maintenance? Swartley: We could. I don't know that we would want to. Borup: No, no not for the city to maintain it. Just an agreement where he would agree to maintain it. Swartley: Again, we could but there would be no enforcement behind it Borup: Something like a conditional use permit. I don't know if a conditional use permit would be the proper way to go, but some type of similar agreement. Swartley: You could come up with an agreement, but again whether or not we could enforce that would be the question. Brown: You have the same trouble with the homeowners association. The previous hearing we just had, the neighbor was complaining that the homeowner association was not maintaining the berm. Siddoway: We would have to enforce that one. We basically been dealing with those on a complaint basis and we have not received a complaint on it. If we did, we would send the code enforcement officers out. Borup: How do you- Swartley: Those are code enforcement-Meridian City Code Enforcement Violations. They are not homeowners association violations. Meridian Planning an. ~ oning Commission January 12, 2000 Page 38 END OF SIDE 3 Borup: What if the homeowners association says sorry we don't feel like it. What is the next step. Swartley: There is a difference between the CC&R's of the homeowners association- Borup: I'm talking about-I understand. Brown: How is this a code violation? Swartley: It wouldn't be. Borup: So the homeowners association did not maintain the landscaping buffer, how does the city enforce that. Swartley: It wouldn't, unless it violated Meridian City Code. The homeowners association is there to enforce the covenants, conditions and restrictions which may or may not be the same as the Meridian City Code. They can be completely different. Our code enforcement officers enforce the Meridian City Code, not the CC&R's of the homeowners association. Borup: Understand that. So it's got to be a Subdivision where the people care what it looks like. Swartley: Exactly. Brown: Why would these people care that the landscape buffer that doesn't come into their lots that is facing out onto Cherry Lane- Borup: One and two would care. I think saying everything south of the - Brown: Everything north of the fence or whatever they put in because the lots are taking access from the internal street. Barbeiro: The non maintenance of that be a code violation and allow the city to go in. Swartley: It could conceivably be. Brown: The weeds get so high that becomes a violation. So just not pruning their trees or changing the bark it looks shabby, its not. Borup: Steve should their normally be a landscape plan submitted? Siddoway: We will require one with submittal of the final plat. .~ Meridian Planning anc, _oning Commission January 12, 2000 Page 39 Borup: Okay. Siddoway: I heard some discussion up front about it would become a code violation if the weeks got high and such, I guess that code violation be the same in his favor whether it is by homeowners association or individual lot owners and we could enforce those codes either way. If you do approve this without a common lot, I'd like to point out that any fences erected on those lots would have to be at the easement line so they are not part of the lots. So that landscaping serves as a buffer as they are intended for the street. Borup: The concern here-this is a corridor into the city. I can understand the concern on forming a homeowners association for a very minimal purpose. Ninety percent of that annual budget is going to be insurance-liability insurance unless they form a association without any. It is expensive to have something that has a very minor purpose. Barbeiro: Mr. Chairman, I make a motion that we close the public hearing. Brown: I second. Borup: All in favor. MOTION CARRIED: ALL AYES Barbeiro: Mr. Chairman, I make a motion that we recommend approval to City Council for Item 9, request for preliminary plat for 11 lots on 3.68 acres for proposed Pintail Point Subdivision by Jeff Manship-the amended plat that was submitted today at our meeting with staff comments with a note that there will not be a homeowners association in this-excuse me the developer does not intend to have a homeowners association for this group and that the buffer on Cherry Lane would be maintained by the individual property owners. Borup: And all other staff comments in tact except for the stub street. Barbeiro: Okay well excuse me -and in keeping with the Ada County Highway District recommendation that their not be a stub street on Tutor. Swartley: Could you say it one more time. I'd like to hear it again. Barbeiro: That we delete the recommendation by Meridian City Planning for a stub street extending Tutor Street through to the east adjacent unplatted lot. Swartley: I'm sorry, Commissioner Barbeiro. Borup: Then the other is Item number 2 under Planning and Zoning requirements, page 4. ~-. Meridian Planning anc~ ~oning Commission ,~.. January 12, 2000 Page 40 Brown: If I could clarify, Mr. Chairman. What you are asking for is staff's recommendation on page 4 that condition number 2 be removed. That there is no homeowners association, but that you would require in place of that that there be an easement maintained by the homeowners of those two lots and if I could recommend that that be a note on the face of the plat. Barbeiro: I would concur with that. Siddoway: Mr. Chairman, I just want to make sure that only the portion relating to the homeowners association and the common lot are deleted for number 2 and that the requirement for the detailed landscape plan be submitted with the final plat remains. Barbeiro: Correct, we will go ahead with that. The line under planning and zoning requirements number 2, page 4, the (inaudible) shall be come a common lot of the Subdivision and be maintained by the homeowners association be deleted (inaudible). Borup: Well then the sentence right before that. Staff recommends this buffer be designated separate lot. So, those two sentences. Barbeiro: I'm sorry. What was the recommendation for the Tutor Street. Siddoway: It is number 4 under planning and zoning requirements. If I might, maybe the clearest way to say this would be deleting the first two sentences of number 2 under planning and zoning requirements and requirement number 4 and all other staff comments remain. Barbeiro: That would be the second and third sentence on number 2. All of number 4 deferring to the ACHD - Swartley: And are you requiring an easement also? Barbeiro: Yes. Brown: I second that. Borup: Any discussion? All in favor? MOTION CARRIED: ALL AYES 10. PUBLIC HEARING: REQUEST FOR REZONE OF 1.761 ACRES FROM R-8 TO R-15 TO ENTIRELY R-15 BY LYND HOOVER-1318 E. 4T": Borup: Steve, any staff report. Siddoway: Mr. Chairman, this property is currently split zoned. The northern half of the property is zoned R-8. The southern half of the property is zoned R-15. It is one parcel. MERIDIAN PLANNING & ZONING MEETING: Janua 12 2000 APPLICANT: PINTAIL POINT SUBDMSION ITEM NUMBER: 9 REQUEST: PRELIMINARY PLAT FOR 11 LOTS ON 3.68 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. SEE COMMENTS ~z CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: ~ ~~ MERIDIAN SCHOOL DISTRICT: ~/ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: - QG NAMPA MERIDIAN IRRIGATION: ~ .~.. v V SETTLERS IRRIGATION: ^, ~~ ~y ~ IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report g~CE~D JAN 1 0 2000 CITY OF MEIIIDIt~N Preliminary Plat -Pintail Pointe/MPP00-001/4375 Cherry Lane 11-lots/Rezo ., ~ ^ ~~ MAZ00-003 G ,~' ~- ~L , ~ ~ The applicant is requesting preliminary plat approval for Pintail Pointe, an 11-lot subdivision on 3.68-acres. The applicant is also requesting annexation to the City ~~ ~ a rezone from R-3 to R-4. The 3.68-acre site is located approximately 1,300 feet Cat Road. This development is estimated to generate 100 additional (10 existing) per day based on the Institute of Transportation Engineers Trip Generation manu~. --- On May 5, 1999, the Commission reviewed and approved Cherry Lane Estates, a 3-lot residential subdivision on this 3.68-acre site. The applicant has submitted a different preliminary plat for the site with an incresed number of lots. This report reflects the revised requirements. Roads impacted by this development: Cherry Lane ACl-ID Commission Date -January 12, 2000 - 7:00 p.m. ~, Facts and Findings: 1. General Information Owner -Jeffrey Manship Applicant - JJ Howard R-3 -Existing zoning R-4 -Requested zoning 3.68 -Acres 11 -Proposed lots 1 -Existing dwelling units 273 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Meridian -Impact Fee Assessment District Cherry Lane Principal arterial Traffic count 8,914 on 8/26/97 210-feet of frontage 90-feet existing right-of--way (45-feet from centerline) No additional right-of--way required ~''1 Cherry Lane is improved with a 5-lane street section with curb, gutter and sidewalk abutting the site. Cherry Lane was rebuilt in 1996. 2. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 3. Unless otherwise approved, construct all streets within the subdivision as 36-foot street sections, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet ofright-of--way. 4. The applicant should be required to replace unused curb cuts on Cherry Lane with curb, gutter and concrete sidewalk to match the existing improvements. 5. On July 7, 1999, the Commission reviewed and approved English Gardens, a 101-lot residential subdivision to the west of the site. As a condition of approval, that applicant was required to extend Tudor Street to the east property line. The subject applicant is proposing to extend Tudor Street into the site at the west property line between Lot 1, Block 1, and Lot 3, Block 2. The applicant should extend Tudor Street as a 36-foot street section, with curb, gutter and 5- foot wide concrete sidewalk within 50-feet ofright-of--way. PINTAIL.DOC Page 2 ^, ~ 6. The applicant is not proposing to extend Tudor Street to the east property line between Lots 4 and 5, Block 4, and District staff does not recommend a stub street in that location. The adjacent property to the east has an approved private road to serve the lots. 7. The applicant is proposing to construct a turnaround at the north end of Manship Place. The applicant should construct an ACRD approved turnaround at the northern terminus of Manship Place. Coordinate the design of the turnaround with District staff. 8. The applicant is not proposing to take any access to Cherry Lane, and is proposing to take access off internal streets only. Building permits for this subdivision should not be issued until the streets in the approved English Gardens have been constructed to provide access to the subject applicant. 9. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Construct all streets within the subdivision as 36-foot street sections, with curb, gutter and 5- foot wide concrete sidewalk within 50-feet ofright-of--way. 2. Replace the unused curb cuts on Cherry Lane with curb, gutter and concrete sidewalk to match the existing improvements. 3. Extend Tudor Street into the site at the west property line between Lot 1, Block 1, and Lot 3, Block 2. Construct Tudor Street as a 36-foot street section, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet ofright-of--way. 4. Construct an ACHD approved turnaround at the northern terminus of Manship Place. Coordinate the design of the turnaround or knuckle with District staff. 5. Building permits for this subdivision shall not be issued until the streets in the approved English Gardens have been constructed to provide access to the subject applicant. 6. Direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: PINTAIL.DOC Page 3 .-~ ~ 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. The request shall s ecificall idenf each re uirement to be reconsidered and include a written ex lanation of why such a requirement would result in a substantial hardship or ineauit .The written re uest shall be submitted to the District no later than 9:00 a.m, on the da scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall s ecificall ident' each re uirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its ori¢inal decision. The request for reconsideration will be heard by the District Commmssion at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACRD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the appficant's authorized representative and an authorized PINTAIL.DOC Page 4 ~, ~ representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this a lication, shall require the applicant to comply with all rules, regulations, ordinances, plans, or PP other regulatory and legal restrictions in force at the time the applicant or its successors m interest advises the Highway District of its intenements o Bother eg 1 relief is grant d pursuant to property unless awaiver/variance of said requu the law in effect at the time the change in use is sought. Conclusion of Law: 10. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within. the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv' _ Date of Commission Action: Planning & Development Staff PINTAIL.DOC Page 5 Mayor ROBERT D. CORRIE City Cuuncil Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH B[RD ~-. '"~ KUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 588-4433 • Fax (208) 887-48 L3 City Clerk Fax (208)888-4218 LEGAL DEPARTMENT (208)288-2499 • Fax 288-250L PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221 l • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23 1999 TRANSMITTAL DATE: December 15, 1999 HEARING DATE: January 11, 2000 FILE NUMBER: PP-00-001 REQUEST: PRELIMINARY PLAT OF 3.68 ACRES FOR PROPOSED PINTAIL POINTE SUBDIVISION BY: JEFF MANSHIP LOCATION OF PROPERTY OR PROJECT: SOUTH SIDE OF CHERRY LANE EAST OF BLACK CAT ROAD P/Z TAMMY DE WEERD MERIDIAN SCHOOL DISTRICT , P/Z KENT BROWN MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) , THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT RICHARD HATCHER, P/Z ADA PLANNING ASSOCIATION P/Z KEITH BORUP CENTRAL DISTRICT HEALTH , ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT C/C RON ANDERSON SETTLERS IRRIGATION DISTRICT , CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) C/C KEITH BIRD U.S. WEST(PRELIM & FINAL PLAT) , _ C/C GLENN BENTLEY INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) , WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT ~ _ ~~ ~ ~,,,) FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY ~ ~ ct~ ~~ ~ ~ `'~ ~ CITY ENGINEER CITY PLANNER ..2 •'`,'~- ~ ~ i S` ~U ~ ~ ,~~~ a c ~' W W Z ~ ~ N T ZM W~ N .,. ~a Z er ~~ ti 4 M 0 v N ti ~O a 0 W O m Q a W H o~ ~'''^ O ^i~ ~ ^ J ^ ~ r January 10, 2000 Bruce Freckleton City of Meridian 200 Carlton Ave. Suite 100 Meridian, Idaho 83642 RE: PINTAIL POINTS SUBDIVISION Dear Mr. Freckleton, .~~N i 2 2000 ~~c~~ . ~ ~ P~ ~ o ~~oo ~~~.~ ~1~ C1TY ENGINEER This letter is in response to your memorandum addressing conditions pursuant to the above captioned project. ANNEXATION AND ZONING GENERAL COMMENTS 1. Comment noted. 2. Comment noted. 3. This statement is accurate, but our client has no control over development and/or annexation of surrounding properties. ANNEXATION AND ZONING REQUIREMENTS 1. The existing ditch running along the southeast portion of the property will be piped, and engineered plans for said improvements will be submitted to the appropriate lateral users association for comments and approval. 2. The existing home located on Lot 1, Block 2 will be connected to City sewer and water services during the time of construction. The existing well will be abandoned in accordance to DEQ policy, as its present location will be in conflict with future home construction. 3. We will contact the City for placement of outside lighting. 4. Any signage for this project will be in accordance with Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 5. Five-foot sidewalks will be provided as shown on the proposed improvement plans submitted with the preliminary plat application. 6. Developer will construct a 20 foot wide landscaped buffer along property abutting Cherry Lane. 7. ACRD has stated in their Facts and Findings that Cherry Lane has sufficient right-of--way (45 feet from centerline). 8. Developer will enter into a development agreement with the City as a condition to annexation. ~+ qt ,,. . ~= r~ W W ~~ ch N r Z M W~ i ~ 4 I ~' M ' O ~~ ~ N i ~ ~ O I= O _._ W O m Q W F- Qw O J _J h co T t1 PRELIMINARY PLAT SITE SPECIFIC REQUIREMENTS 1. Comment noted. 2. Comment noted. 3. The developer will work closely with the City in regazds to an approved pressure irrigation system There aze three options available: A single- point connection to the culinary water, as there is an existing 8" stub off the main in Cherry Lane located at the northwest corner of the project. Developer might be able to coordinate with development to the west and construct pressure irrigation utilizing the system constructed for English Gazdens. Third option is to provide a pressure system independently of English Gazdens and have the NMID assume ownership and maintenance. 4. Comment noted. 5. Fire hydrant locations will be in accordance with the PW Department. 6. Comment noted. 7. There aze no easements of record for the open ditches. Please see revised preliminary plat for notes regarding open ditches. 8. Comment noted. PLANNING AND ZONING REQUIREMENTS 1. A note to the face of the final plat will state that minimum house size will be 1,500 square feet, exclusive of garages. 2. The developer would like the landscape buffer to be an easement on the 2 impacted lots along Cherry Lane. The 203 feet of landscaping can be better maintained by the underlying lot owners, rather than tying up homeowner association dues with the little bit of maintenance and subsequent headaches related to the 20 foot wide strip of ground. 3. The developer will work with the property owner to the south regazding the vacation of the existing easement prior to submittal of the final plat. 4. ACRD conducted a formal review of this subdivision on January 7th ,and a copy of their Facts and Findings will be made available as soon as ACRD makes the necessary modifications. The ground to the east is not afive- acre tract, but is a one-acre tract, and the ACRD has agreed that a stub street to the east will serve no purpose. 5. Temporary perimeter fencing will be in place along the east and south boundaries during the time of home building to contain construction debris. Sincerely, Julie A. Pazker MERIDIAN PLANNING & ZONING MEETING: January 12.2000 APPLICANT: PINTAIL POINT SUBDMSION ITEM NUMBER: 9 REQUEST: PRELIMINARY PLAT FOR 11 LOTS ON 3.68 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING & ZONING DEPT. CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WASTE WATER DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: BUREAU OF RECLAMATION: INTERMOUNTAIN GAS: SANITARY SERVICE: OTHER: SEE COMMENTS f{Z ~G U~~~: '` ~~ U i ', e-~ ~ ~" All Materials presented at public meetings shall become properly of the City of Meridian. ,-~. .-e ADA COUNTY HIGHWAY DISTRICT ~C , ~~' Planning and Development Division JAN 1 0 2000 Development Application Report CITY OF MERIDIAN Preliminary Plat -Pintail Pointe/MPP00-001 / 43 75 Cherry Lane 11-lots/Rezo. MAZ00-003 ~~ ~ ~ ~ `yy.~y~ The applicant is requesting preliminary plat approval for Pintail Pointe, an 11-lot : ~~! ~ ` subdivision on 3.68-acres. The applicant is also requesting annexation to the City ~ a rezone from R-3 to R-4. The 3.68-acre site is located approximately 1,300 feet Cat Road. This development is estimated to generate 100 additional (10 existing) per day based on the Institute of Transportation Engineers Trip Generation manu~. ___ On May 5, 1999, the Commission reviewed and approved Cherry Lane Estates, a 3-lot residential subdivision on this 3.68-acre site. The applicant has submitted a different preliminary plat for the site with an incresed number of lots. This report reflects the revised requirements. Roads impacted by this development: Cherry Lane ACPID Commission Date -January 12, 2000 - 7:00 p.m. Facts and Findings: 1. General Information Owner -Jeffrey Manship Applicant - JJ Howard R-3 -Existing zoning R-4 -Requested zoning 3.68 -Acres 11 -Proposed lots 1 -Existing dwelling units 273 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Meridian -Impact Fee Assessment District Cherry Lane Principal arterial Traffic count 8,914 on 8/26/97 210-feet of frontage 90-feet existing right-of--way (45-feet from centerline) No additional right-of--way required Cherry Lane is improved with a 5-lane street section with curb, gutter and sidewalk abutting the site. Cherry Lane was rebuilt in 1996. 2. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 3. Unless otherwise approved, construct all streets within the subdivision as 36-foot street sections, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet ofright-of--way. 4. The applicant should be required to replace unused curb cuts on Cherry Lane with curb, gutter and concrete sidewalk to match the existing improvements. 5. On July 7, 1999, the Commission reviewed and approved English Gardens, a 101-lot residential subdivision to the west of the site. As a condition of approval, that applicant was required to extend Tudor Street to the east property line. The subject applicant is proposing to extend Tudor Street into the site at the west property line between Lot 1, Block 1, and Lot 3, Block 2. The applicant should extend Tudor Street as a 36-foot street section, with curb, gutter and 5- foot wide concrete sidewalk within 50-feet ofright-of--way. PrrrTAIL.DOc Page 2 n 6. The applicant is not proposing to extend Tudor Street to the east property line between Lots 4 and 5, Block 4, and District staff does not recommend a stub street in that location. The adjacent property to the east has an approved private road to serve the lots. 7. The applicant is proposing to construct a turnaround at the north end of Manship Place. The applicant should construct an ACRD approved turnaround at the northern terminus of Manship Place. Coordinate the design of the turnaround with District staff. The applicant is not proposing to take any access to Cherry Lane, and is proposing to take access off internal streets only. Building permits for this subdivision should not be issued until the streets in the approved English Gardens have been constructed to provide access to the subject applicant. 9. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACRD approval of the final plat: Site Specific Requirements: 1. Construct all streets within the subdivision as 36-foot street sections, with curb, gutter and 5- foot wide concrete sidewalk within 50-feet ofright-of--way. 2. Replace the unused curb cuts on Cherry Lane with curb, gutter and concrete sidewalk to match the existing improvements. 3. Extend Tudor Street into the site at the west property line between Lot 1, Block 1, and Lot 3, Block 2. Construct Tudor Street as a 36-foot street section, with curb, gutter and 5-foot wide concrete sidewalk within 50-feet ofright-of--way. 4. Construct an ACRD approved turnaround at the northern terminus of Manship Place. Coordinate the design of the turnaround or knuckle with District staff. Building permits for this subdivision shall not be issued until the streets in the approved English Gardens have been constructed to provide access to the subject applicant. 6. Direct lot or parcel access to Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: PINTAIL.DOC Page 3 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACRD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staffto remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized PINTAIL.DOC Page 4 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 10. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted ~: Date of Commission Action: Planning & Development Staff PINTAIL.DOC Page 5 Mayor ~ .-~. HUB OF TREt1SURE [/ALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT City Council Members CITY OF MERIDIAN `'°~''~~-'~~~ ~ ~°x 88.2501 CHARLES ROUNTREE PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 I't~5> 487-2'II • E~x 55~-I2~~ RON ANDERSON (208) 888-4433 • Fax (208) 887-48 (3 PLANNING AND ZONING KEITH B[RD City Clerk Fax (208) 888-4218 DEPARTIvIENT (208)384-533 • Fez 857-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOP MENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 23, 1999 TRANSMITTAL DATE: December 15, 1999 HEARING DATE:_January 11, 2000 FILE NUMBER: PP-00-001 REQUEST: PRELIMINARY PLAT OF 3.68 ACRES FOR PROPOSED PINTAIL POINTE SUBDIVISION BY: JEFF MANSHIP LOCATION OF PROPERTY OR PROJECT: SOUTH SIDE OF CHERRY LANE EAST OF BLACK CAT ROAD TAMMY DE WEERD, 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 CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE -BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) YOUR CONCISE REMARKS: , _ ~~ " cC~ ~ ~ ~ ~ ~ '~ ! ~ ~ ~ S' ~V ~ ~ ~~~~~ •~---.• W W Z C7 Z W z J Z O V D O 2 ^ ^ N r et M .-. 0 X Q • et ti 4 0 N ... 0 ti a~ O Q D m a W H 0 O J c~`o r January 10, 2000 Bruce Freckleton City of Meridian 200 Carlton Ave. Suite 100 Meridian, Idaho 83642 RE: PINTAIL POINTE SUBDIVISION Dear Mr. Freckleton, ~~ N 1 Z 2000 dEt CITY ENGdNEER This letter is in response to your memorandum addressing conditions pursuant to the above captioned project. ANNEXATION AND ZONING GENERAL COMMENTS 1. Comment noted. 2. Comment noted. 3. This statement is accurate, but our client has no control over development and/or annexation of surrounding properties. ANNEXATION AND ZONING REQUIREMENTS 1. The existing ditch running along the southeast portion of the property will be piped, and engineered plans for said improvements will be submitted to the appropriate lateral users association for comments and approval. 2. The existing home located on Lot 1, Block 2 will be connected to City sewer and water services during the time of construction. The existing well will be abandoned in accordance to DEQ policy, as its present location will be in conflict with future home construction. 3. We will contact the City for placement of outside lighting. 4. Any signage for this project will be in accordance with Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 5. Five-foot sidewalks will be provided as shown on the proposed improvement plans submitted with the preliminary plat application. 6. Developer will construct a 20 foot wide landscaped buffer along property abutting Cherry Lane. 7. ACRD has stated in their Facts and Findings that Cherry Lane has sufficient right-of--way (45 feet from centerline). 8. Developer will enter into a development agreement with the City as a condition to annexation. t: R~. . ~• . w w z z w M N et 0 . • i ~ 4 M ~o ~~ • I N ~~ O I= O ._ W O m Q W H N D O ,_! _J ti cc r r PRELIMINARY PLAT SITE SPECIFIC REQUIREMENTS 1. Comment noted. 2. Comment noted. 3. The developer will work closely with the City in regazds to an approved pressure irrigation system. There are three options available: A single- point connection to the culinary water, as there is an existing 8" stub off the main in Cherry Lane located at the northwest corner of the project. Developer might be able to coordinate with development to the west and construct pressure irrigation utilizing the system constructed for English Gardens. Third option is to provide a pressure system independently of English Gazdens and have the NMID assume ownership and maintenance. 4. Comment noted. 5. Fire hydrant locations will be in accordance with the PW Department. 6. Comment noted. 7. There are no easements of record for the open ditches. Please see revised preliminary plat for notes regazding open ditches. 8. Comment noted. PLANNING AND ZONING REQUIREMENTS 1. A note to the face of the final plat will. state that minimum house size will be 1,500 squaze feet, exclusive of garages. 2. The developer would like the landscape buffer to be an easement on the 2 impacted lots along Cherry Lane. The 203 feet of landscaping can be better maintained by the underlying lot owners, rather than tying up homeowner association dues with the little bit of maintenance and subsequent headaches related to the 20 foot wide strip of ground. 3. The developer will work with the property owner to the south regarding the vacation of the existing easement prior to submittal of the final plat. 4. ACRD conducted a formal review of this subdivision on January 7a' ,and a copy of their Facts and Findings will be made available as soon as ACRD makes the necessary modifications. The ground to the east is not afive- acre tract, but is a one-acre tract, and the ACRD has agreed that a stub street to the east will serve no purpose. 5. Temporary perimeter fencing will be in place along the east and south boundaries during the time of home building to contain construction debris. Sincerely, ~~ Q~ Julie A. Pazker '_