Pintail Pointe Subdivision PP 00-001~-~,
~ HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live
LEGAL DEPARTMENT
Cit
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CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501
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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:
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...
AUG it '98 16 35 FR PUBLIC WORKS 2088871297 TO 3440574
REQUEST FOR SU$DMSION APPROVAL
I.AT AND/OR I,pT
PLANNING AND ZONING COMMY55YON
FOR SUBMIS5YON:
P.01i12
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PP ,oo' oo~
A request for preliminary plaz approval must be in the City Clerk's possession no later
than three days following the regular meeting of the Planning dt Zoning Commission.
The Planning and Zoning Commission will hear the request az the monthly meeting
following the month that the request was made.
Af ~r a proposal enters the process it rr~:y be acted upon az subsequent monthly meetings
provided the necessary procedures and documentation are received before 5:00 P. M.,
Thursday following the Planning and Zoning Commission action.
GENERAL INFORII~ATION
1. Name of Anae~cation ~ Subdivision: ~~ Vl`t~ ~~I yf~'~ ,v +
2. General Y.ocation: 5..,4-~d,cr ~ C~.~ . P~.S-~- B c, ~-f~ i~ .
3 • Owners of Record:.. P ~%~ M ,s ,,., < t~ ' . _
• ..+w wo. -+ .j ~ ~ w, C Y -r (~ ,Zip ~ ~ 4Z Telephone B8R -3gt{~3
4. Applicant: 5,a~.P
Address: ,Zip Tele hone
S. l~.ngineer: J . J . N-a cya..~'d p
Firm: J..i . ~-nu~o.,,~)
6. Name and address to receive City billings- Name: ; r'P..f;,~ M ~< h ~~,
Address~w~. ~ Telephone
PR ARY PLAT CHECKLIST: Subdivision Features
1. Acres:3.6g
Z. Number of building lots: I ~
3. Number of other lots: -A-
4. Gross density per acre: 2.9GI
s• Net density per acre: 4s ¢
f>. Zoning Classi$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
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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
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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.
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DEC 13 '9g 1502
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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
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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,~,~~
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STATE OF` A ~ask~~-' ~ "`a~,f • A,. ~ ~~ , ,~ a `+Y.
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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
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.First American Title Company of Idaho
AES
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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
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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.
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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.
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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
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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 -
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,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
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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
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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,
,'
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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
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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:
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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'
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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
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CITY OF MERIDIAN
RESEARCH REQUEST
~Q~ / ~
Name: j ~ l
Date ~~ gJ
Phone: ~~ Time: ~ 5
Description:
~~~ f1~1~ ~,~~ ~_i7~ ~ ~~ ~~ ~~
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and ,n ~ n Gr / ~
f"'~s L.Y ~t'- ~~JC~t G~!'lC~ ~,~. Ll~v 7°~~~ ~`t'°I ICh'~ C~~-Gi ~{` 5 f
~. ,.
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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.
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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
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04/13/00. THU 10:45 FAg 208 322 5597 FIRST AMERICAN TITLF.~
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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,
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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
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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
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Date:
Phone: ,~~ ~ ~~
Materials presented at public meetings shall become property of the City of Meridian.
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CITY OF MERIDIAN
CITY CLERK OFFICE
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MARCH 17, 2000
AZ 00-003
MERIDIAN CITY COUNCIL MEETING: MARCH 21, 2000
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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.
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interoffice
M E M O R A N D U M
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To: William G. Berg, Jr.
From: Wm. F. Nichol
Subject: PINTAIL POINTE SUBDIVISION
FILE NO.: PP-00-001
Date: March 14, 2000
Will:
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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
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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
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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
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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
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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.
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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
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BUREAU OF RECLAMATION:
OTHER:
Materials presented at public meetings shall become property of the City of Meridian.
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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
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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
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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
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E E B - 2 2000
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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
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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
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ENGINEERING & SURVEYING '-- _ •><...~,,,
1675A Hill Road ~~-•.~,o
BOISE, IDAHO 83702 ~'" ~'~~ ,
(208) 344-0574 '~'"'='~=__~_
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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
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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
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J. J. HOWARD
ENGINEERING & SURVEYING
1675A Hill Road
BOISE, IDAHO 83702
(208) 344-0574
RIN17111 TR Rl171/1N01 ~ ! !/!,,lY
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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: ~ .~..
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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
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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~~
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~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.
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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
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U~~~:
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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: , _ ~~ "
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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.
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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
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