HomeMy WebLinkAboutZebulon Heights Sub PP
PP 05-008
MERIDIAN PLANNING 8. ZONING MEETING
March 17.2005
APPLICANT Traditions by Amyx II. LLP ITEM NO. 17
REQUEST Preliminary Plot a proval for 175 sin le-famll residentIal buildln lots 8. 20 common lots
on 72.85 acres In a proposed R-4 zone for Zebulon Heights Subdivision No.2 - south of East McMillon
Rood and east of North Locust Grove Rood
COMMENTS
AGENCY
CITY CLERK:
CITY ENGINEER:
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CITY PLANNING DIRECTOR:
CITY ATTORNEY
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CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
No comment
CITY SEWER DEPT:
CITY PARKS DEPT:
See attached comments
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
See attached comments
See attached comments
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
No comment
See attached comments
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Emal\ed.
Ma\edal. pre.ented at public meeHng. .haII become property 01 the city 01 Meridian.
MAYOR
Tammy de Weerd
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LEGAL DEPARTMENT
(208) 466-9272 ~ FAX 466-4405
CITY HALL
(208) 888-4433-Fax 887-4813
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 ~ Fax 898-9551
CITY COUNCIL MEMBERS
Keith Bi,d
C!uistine DoMell
Shaun Wardle
Charles M. Rount«e
STAFF REPORT:
P&Z Hearing Date: March, 17,2005
Transmittal Date: March 14, 2005
To:
Mayor, City Council and Plauning & Zoning Commission
RE C E IVED
MAR 1 4 2005
CITY OF MERIDIAN
CITY CLERK OFFIC¡::
From:
Bruce Freckleton, Development Services Manager ~
Craig Hood, Associate City Planner II¡¡
Re:
Zebulon Heights Subdivision No.2
.
Annexation and Zoning of76.29 Acres from RUT (Ada County) to R-4 (Low
Density Residential), by Traditions by Amyx II, LLP. (File No. AZ-O5-006)
. Preliminary Plat Approval ofOne-Hundred-Seventy-Five (175) Single-Family
Building Lots and Twenty (20) Other/Common Lots on 72.85 Acres in a
Proposed R-4 Zone, by Traditions by Amyx, II, LLP. (File No. PP-O5-008)
.
Conditional Use Permit Approval for a Plauned Development Consisting of
Single-Family Homes on 72.85 Acres, with Reduced Lot Frontages and
Reduction in Density to Less Than Three (3) Dwelling Units Per Acre, by
Traditions by Amyx, II, LLP. (File No. CUP-O5-006)
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered. in full, unless expressly
modified or deleted by motion of the Meridian City Council:
APPLICATIONS SUMMARY
The applicant, Traditions by Amyx II, LLP, has applied for Annexation and Zoning (AZ),
Preliminary Plat (PP) and Conditional Use PermitiPlauned Development (CUP/PD) approval
of one-hundred-seventy-five (175) single-family residential building lots and twenty (20)
other/common lots on 76.29-acres. (Approximately 3.5 of the 76.29-acres requested for
aunexation and zoning are currently being utilized for ACHD storm drain purposes. These
storm drain areas, on either side of the proposed entrance to the development from McMillan
Road, are being annexed and zoned, but are not part of the submitted preliminary plat.) The
site is located on the south side of McMillan Road, one-half mile east of Locust Grove Road.
The applicant is proposing to phase the development from north to south in five phases, with
Phase I fronting on McMillan Road.
-
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Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: March 17, 2005
Page 2
The gross density of the proposed development is 2.4 dwelling units per acre (excluding
ACHD storm drain areas). The proposed density is in accord with the proposed R-4 zoning
district but does not directly correspond to the Comprehensive Plan which designates this area
as "Medium Density Residential". The applicant is requesting a "step" down in density for this
development (from medium to low) as allowed by Note 2 on the Comprehensive Plan Future
Land Use Map. The applicant is also requesting reduced lot frontages as part of the Planned
Development. There are twenty-four (24) lots that are below the 80-foot frontage requirement
of the R-4 zone (this proposed modification is detailed below). The applicant is not requesting
any other modifications to the dimensional standards of the requested R-4 zone (i.e. - building
setbacks, lot size, etc.).
R-4 Zone:
Lot Frontage-Citv Minimum Requirement
80-feet (non cul-de-sac)
Proposed*
58-feet (minimum, non cul-de-sac)
*The applicant's submittal letter requests a minimum 58-foot frontage requirement per lot.
However, the proposed preliminary plat depicts 3 lots (Lot 20, Block 1, Lot 3, Block 2, and Lot
6, Block 7) that have between 41 and 50-feet of frontage. See CUP/PD Special Considerations
below for further analysis.
The proposed PD amenities include: playground equipment on Lot 1, Block 6; a swimming
pool with restroom/locker/changing areas and playground equipment on Lot 5, Block 8; and a
multi-use pathway throughout the development. The applicant is also proposing to reserve
approximately 8 percent of the site for open space (excluding the channel for the North
Slough). The amenities are depicted on the submitted landscape plan, and are described in the
applicant's letter accompanying the CUP/PD application. See CUP/PD Special Considerations
below for a detailed analysis of the proposed amenities and the design thereof.
The subject property is within the Urban Service Plauning Area. The subject applications (AZ,
PP and CUP/PD) were submitted concurrently to the Plauning & Zoning Department for review.
Staff recommends approval of the subject annexation/zoning (AZ-05-006), preliminary plat (PP-
05-008), and conditional use permit (CUP-05-006) with the conditions outlined in this report.
LOCATION
The subject site is located on the south side of McMillan Road, one-half mile east of Locust
Grove Road, in Section 32, Township 4 North, Range 1 East. This site abuts the corporate limits
of Boise City/Meridian Area of Impact to the east.
SURROUNDING PROPERTIES
North: ACHD storm drain ponds; Austin Creek Subdivision, zoned R-lB (Boise City).
South: Single-family homes on large parcels, zoned RUT (Ada County/Boise City AOI).
East: Ustick Baptist Church, zoned RUT (Ada County); Madison Park Subdivision No.2,
zoned R-lB (Boise City); Single-family home on large parcel, zoned RUT (Ada County);
Vacant, Zebulon Heights Subdivision No.1, zoned LO-D (Boise City).
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Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: March 17,2005
Page 3
West: Settlement Bridge Subdivision, zoned R-8; Heritage Subdivision, Zoned Rl (Ada
County).
This site borders the eastern most Area of Impact boundary for the City of Meridian. There are
two Boise City approved developments abutting this site to the east. Madison Park Subdivision
was approved for residential uses and Zebulon Heights No.1 was approved for office uses
fronting on Eagle Road and Wainwright Drive. To the west of the site is the recently approved
Settlement Bridge Subdivision with R-8 zoning. Heritage Subdivision, a residential development
with I-acre lots also abuts the western boundary of the site. Except for some 5-acre plus parcels
to the south, and one to the east, the properties surrounding this site have been approved for
urban-type development.
OWNER OF RECORD
The property owner of record is Traditions by Amyx II, LLP. Todd Amyx, a managing member,
has provided notarized consent for the subject applications.
ANNEXATION & ZONING ANALYSIS
According to Meridian City Code (MCC) II-IS-II, General Standards Applicable to Zoning
Amendments, both the Plauning & Zoning Commission and Council are required "to review
the particular facts and circumstances of each proposed zoning amendment in terms of the
following standards and shall find adequate evidence answering the following questions about
the proposed zoning amendment."
The following is the list of standards found in 11-15-11 and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive Plan
amendment;
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas
including single-family homes at densities of three to eight dwelling units per acre. The
applicant is requesting that all the subject site be zoned R-4 (Low Density Residential).
The R-4 district allows for a maximum of four (4) dwelling units per acre (MCCll-7-
2.C). Although the requested zoning designation, R-4, allows densities consistent with
the medium density Comprehensive Plan designation, the proposed residential density is
only 2.4 gross dwelling units per acre. The Comprehensive Plan does allow a one step
increase or decrease in residential areas without amending the Comprehensive Plan. Due
to the existing one-acre lots in Heritage Subdivision to the west, staff believes that a step
down in density is justified here. If the City approves an R-4 zone (and associated PP and
CUP applications), the proposed zoning/density will allow a smooth transition from the
estate lot sizes in Heritage Subdivision to the urban lots in Madison Park to the east.
Further, staff finds the following Goals, Objectives, and Action items contained in the
2002 Comprehensive Plan to be applicable to this application (stcifJ analysis is in italics
below policy):
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Planning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: March 17, 2005
Page 4
.
"Develop and maintain greenbelts along waterways." (Chapter V, Goal 1,
Objective A, Action item 4)
The applicant is proposing to leave the North Slough open abutting this site. In
accordance with the Comprehensive Plan, the applicant is proposing to construct
a Multi-Use Pathway along the slough and throughout the development, thereby
enhancing the natural features and the development. (See' detailed analysis in
Special Consideration" 1 " below.)
.
"Require new residential development to meet development standards regarding
landscaping, signage, fences and walls, etc." (Chapter VII, Goal I, Objective C,
Action item 4)
If the applicant complies with the conditions in this report, the development will
meet the standards for landscaping, signage, fences and walls outlined in City
Code.
.
"Require useable open space to be incorporated into new residential subdivision
plats." (Chapter VII, Goal IV, Objective C, Action item 3)
The applicant is proposing to set aside approximately 8 percent of the site as
useable open space. (See Special Considerations in the. CUP/PD section below
for detailed analysis of the proposed open space and amenities)
In addition, in the applicant's letter (from Shari Stiles) other Comprehensive Plan
policies are listed supporting the annexation and proposed residential use of the
property. Staff finds that if the Commission and Council fIrant the aooUcant the
requested modifications with the CUPIPD. and the aooUcant comoUes with the
conditions included in this reDort. the overall desifIn of the subdivision would be
in fIeneral conformance with the Citv of Meridian Comorehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the future;
Concurrent with the aunexation and zoning application, the applicant has submitted a
preliminary plat proposing single-family lots on the subject site (Zebulon Heights No.2
Subdivision, PP-05-008). Staff does not anticipate that the applicant plans to rezone the
subject property in the future if the accompanying CUP and PP applications are
approved.
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a residential area
turning into a commercial area by means of conditional use permits;
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Plauning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: March 17,2005
Page 5
Staff finds that the proposed single-family development could be allowed within the
requested R-4 zone, if the accompanying Conditional Use Permit for a Plauned
Development is also approved.
D.
Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned. For example, have the streets been widened, new railroad
access been developed or planned or adjacent area being developed in a fashion
similar to the proposed rezone area;
Staff finds that other properties in the area have been developed in a manner similar to
the proposed subdivision, with single-family dwelling units. Austin Creek Subdivision to
the north and Madison Park Subdivision to the east have gross densities of approximately
4 dwelling units per acre. Heritage Subdivision to the south has a residential density of
approximately 1 dwelling unit per acre while Settlement Bridge Subdivision has a density
of 3.7 dwelling units per acre.
There have been no recent street improvements in the area. This section of McMillan
Road abutting the site is in ACHD's Capital Improvements Plan (CIP) for road widening
in 2015. Locust Grove Road in this area is not currently scheduled within ACHD's Five
Year Work Program or Capital hnprovements Plan (CIP) for roadway widening. Other
urban services, such as sewer and water, are near to this site and the applicant should be
able to extend such services to the site. Staff finds that the subject site is proposed for
development in a fashion similar to other properties in the area.
E.
Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
Staff finds that the requested zoning and proposed density is within the anticipated range
for a lower density urban project. Further, based on the Comprehensive Plan, staff
believes that some of the existing large county parcels in the area (south and east) will
redevelop with similar densities in the near future. Staff also finds that the proposed
zoning/uses can be designed and constructed in a manner that will be harmonious with,
and appropriate in appearance with, the existing and intended character of the
surrounding area. The existing character of the area will, and is, currently changing,
especially upon build-out of the proposed project and other similar subdivisions in the
general vicinity. However, staff does not find that the proposed zoning/uses will not
adversely change the essential character of area. Staff recommends that the Corrunission
and Council rely on staffs analysis, public testimony received and any corrunents
submitted from any other agencies or departments regarding whether this property should
be annexed.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
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Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: March 17, 2005
Page 6
The applicant has submitted seventeen (17) front elevations for the proposed dwelling
units. Staff believes that the design of the dwelling units will be compatible with the
adjoining uses, if the buildings are constructed as shown on the submitted elevations.
Staff does not anticipate that the proposed residential uses will be disturbing or hazardous
to existing or future uses as long as the conditions outlined in this report are complied
with and house construction is conducted in a mauner consistent with City Code. Staff
recommends that the Commission and Council rely on public testimony to determine
whether the proposed use will be disturbing or hazardous to the neighboring uses.
G.
Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such services;
Permanent sanitary sewer service to this development is to be provided by the
undeveloped North Slough Trunk. Temporarily sewer service will be provided by the
Lift Station serving Vienna Woods Subdivision. At this time sewer does not exist at the
location the applicant has shown on the preliminary plat. The applicant will be
responsible for the extension of utilities to and through this proposed development.
Sizing and routing shall be coordinated with the Public Works Department. If this
application is approved, it shall be subject to availability of the sanitary sewer. The
applicant shall also be responsible for any upgrades to the lift station that may be
necessary to increase the capacity to handle this development.
Water service shall be from extensions of the existing main in E. McMillan Road, and the
future phase of Settlement Bridge.
The applicant and/or future property owners will be required to pay park and highway
impact fees.
On March 9, 2005, ACHD approved this development with site-specific and standard
conditions. The applicant should comply with all requirements of the ACHD. Please
review the ACHD report for additional information regarding this finding.
On February 25, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments,
staff finds that the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any written
and/or verbal testimony submitted by any public service provider, regarding their ability
to adequately service this project.
H.
Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community;
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Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: March 17, 2005
Page 7
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public
costs to serve the future residents will be fire, police, school facilities and services. Staff
finds there will not be excessive additional requirements at public cost and that the
proposed aunexation and zoning will not be detrimental to the community's economic
welfare.
I.
Will the proposed uses not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
According to the Traffic Impact Study (TIS) prepared by Washington Group
International the proposed project is anticipated to generate 2,368 (including the office
portion approved in Boise City). Staff recognizes that traffic and noise will increase with
the approval of this subdivision; however, staff does not believe that the amount
generated will be detrimental to the general welfare of the public. Staff does not
anticipate the proposed aunexation and subsequent uses will create excessive noise,
smoke, fumes, glare, or odors. Staff finds that the proposed residential zoning/uses will
not be detrimental to people, property or the general welfare of the area.
J.
Will the area have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street entrance into the site from
McMillan Road and extend two other stubs streets from the east. The extension of
Rochester Drive from Madison Park Subdivision and Wainwright Drive from Zebulon
Heights Subdivision No.1 will cause traffic volumes on the existing portions of the
streets to increase. However, the increase in volume is within ACHD acceptable range for
local/commercial/collector streets. Please review the ACHD report for this project for
additional information regarding this finding. If the proposed vehicular approaches
(streets) are approved and accepted by ACHD, staff does not believe that the subdivision
will create interference with traffic on the surrounding public streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance; and
Staff finds that there are some existing trees and other mature landscaping on this site.
Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the
Landscape Ordinance (MCC 12-13-13). The applicant should work with the City
Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are
deemed to be a hazard, diseased or dying by the City Arborist, prior to removal,
mitigation will not be required for those trees.
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Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: March 17,2005
Page 8
The applicant is proposing to leave the North Slough open abutting the site. Staff believes
that the North Slough is a scenic feature that should be protected. See Special
Considerations in the Preliminary Plat section of this report for further analysis.
Staff finds that the proposed annexation and zoning should not result in the loss or
damage of any natural or scenic features, as long as the existing trees are
protected/mitigated and the North Slough is relocated and protected in manner that does
not negatively impact its beauty. Staff is not aware of any natural or scenic feature(s) that
would be lost, damaged or destroyed by allowing this site to be annexed, zoned and
developed with residential uses. Staff recommends that the Commission and Council
reference any public testimony that may be presented to determine whether or not the
proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which staff is unaware.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.
592, 11-17-1992)?
The legal description submitted with the application, prepared by Idaho Survey Group,
Inc., shows that the property is contiguous to the existing corporate boundary of the
City of Meridian. The land directly west of the subject property was previously annexed
into the City and this is a logical expansion of the City boundary. Staff finds that all
essential services are available or will be provided by the developer to the subject
property and will not require unreasonable expenditure of public funds. The applicant is
proposing to develop the land in substantial compliance with the City's Comprehensive
Plan. ln accordance with the findings listed above, staff finds that the
annexation/zoning of this propertv would be in the best interest of the City.
SPECIAL CONSIDERATIONS (ANNEXA nON)
1. ACHD Storm Drain Areas: As mentioned in the summary, the applicant is proposing to
annex the ACHD storm drain ponds along McMillan Road. In order to construct a public
street access into this development from McMillan Road the applicant will have to
exchange property with ACHD to align the entrance with Camas Creek Avenue in Austin
Creek Subdivision to the north. This exchange will require the applicant to reconstruct
portions of the existing ponds and improve the McMillan Road frontage (see ACHD staff
report). This ACHD requirement will not affect the submitted preliminary plat, but will
require the applicant to complete "off-site" improvements.
In addition to exchanging property, ACHD staff, City staff and the applicant have
discussed improving the southwest comer of the storm drain areas with, the multi-use
path. This improvement would make the pathway contiguous with the pathway being
constructed in Settlement Bridge to the west (there are approximately 150- feet of the
multi-use pathway to connect). Staff recommends that as part of the exchange process
with ACHD the applicant improve the multi-use pathway along the North Slough to tie in
with the pathway in Settlement Bridge. (NOTE: There is also a small disconnect of the
multi-use pathway on the Ustick Baptist Church site. The applicant has provided staff
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Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: March 17,2005
Page 9
with a legal description for this pathway and has agreed (via phone) to construct this off-
site portion of the pathway too.)
ANEXATION & ZONING FACTS AND COMMENTS
1. The legal description submitted with the application (dated 12-9-04, amended 1-25-05,
stamped by D. Terry Peugh) shows the property as contiguous to the existing corporate
boundary of the City of Meridian and is approved.
2. Any future subdivision, uses and construction on this property shall comply with the City of
Meridian ordinances in effect at the time.
3. A Development Agreement (DA) will be required as part of an annexation of this property.
Prior to the annexation ordinance approval, a DA shall be entered into between the City of
Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the
developer. The a¡JPlicant shall contact the Citv Attomev. Bill Narv. at 888-4433 to initiate
this process. The DA shall incorporate the following:
.
That the applicant agrees to construct a continuous multi-use pathway from the west
property line throughout the site to the south property line. Further, the applicant agrees
to provide the City with all easements and legal descriptions for the portions of the multi-
use pathway that are currently off-site (under ACHD ownership and church ownership),
prior to final plat signature.
That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this project
will have to be removed from their domestic service, per City Ordinance Section 5-7-517,
when services are available from the City of Meridian. Wells may be used for non-
domestic purposes such as landscape irrigation.
That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. All future uses
shall not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production oftraffic, noise, smoke, fumes, glare or odors.
.
.
PRELIMINARY PLAT ANALYSIS
Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the
acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of
this title and at least the following:
A.
B.
The conformance ofthe subdivision with the Comprehensive Development Plan;
Please see Annexation and Zoning Analysis item "A".
The availability of public services to accommodate the proposed development;
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Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: March 17, 2005
Page 10
Staff finds that public services can be made available to accommodate the proposed
development. See Annexation and Zoning Analysis item "G" and "H" for more details.
C.
The continuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, staff finds that the subdivision will not require the expenditure of capital
improvement funds.
D.
The public financial capability of supporting services for the proposed development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (e.g. - police, fire, ACHD, etc.) to detennine this finding. See
Annexation and Zoning Analysis item "H" and the Agency Comments and Conditions at
the end of this report for more detail.
E.
The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff is not aware of any health, safety or environmental problems associated with the
development of this subdivision that should be brought to the Council or Commission's
attention. ACHD considers road safety issues in their analysis. Staff recommends that the
Commission and Council reference any public testimony that may be presented to
determine whether or not the proposed subdivision may cause health, safety or
environmental problems of which staff is unaware.
SPECIAL CONSIDERATIONS (PRELIMINARY PLAT)
1. Stub Streets: There are four County-zoned parcels to the south of the site that have not
been approved recently for development. Two of the parcels (5.0-acres and 8.2-acres)
were platted with Jasmine Acres Subdivision in 1992. The other two parcels (5.0-acres
and 5.2-acres) have not been platted. The applicant is proposing to construct one stub
street (Camas Creek Way) to one of the four parcels (the 8.2-acre Ketlinski parcel, Parcel
No. R4582530400). When the Ketlinsi parcel develops in the future Camas Creek Way
will be extended to tie in with the stub street provided in Champion Park Subdivision to
the south. Staff is supportive of the proposed Camas Creek Way stub street.
To provide interconnectivity amongst the remaining 5-acre plus parcels and the subject
site when they develop, staff believes that the applicant should provide an additional stub
street to the south to the 5-acre Wagnild parcel (Parcel No. S0532427810). MCC 12-4-5
requires blocks to be no more than 1,000-feet in length. As shown, Block 10 is over
1,350-feet long. The requirement for a stub street to the Wagnild parcel will alleviate the
proposed non-conforming block length and provide interconnectivity to this otherwise
landlocked parcel. See Site Specific Condition #2 below. Staff is supportive of the other
proposed stub streets and stub street extensions to the east and west.
2. Landscaping:
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Planning & Zoning Commission/Mayor & City Council
P&Z Hearing Date: March 17,2005
Page 11
Street Buffers: The Comprehensive Plan designates McMillan Road abutting this site as
an entryway corridor. Meridian City Code (MCC) 12-13-10-4 requires a 35-foot wide
landscape buffer along all entryway corridors. MCC 12-13-10-2 states that all required
street buffers shall be located beyond any street right-of-way and shall be maintained by
the property owner upon which the buffer lies. Meridian City Code 12-13-10-8 requires
detached sidewalks along all arterial streets in new developments. The minimum width of
the parkway area between the curb and the sidewalk is five feet. No fences are permitted
within required street buffers.
MCC 12-13-10-6 requires street buffers to be planted with trees and shrubs, lawn, or
other vegetative groundcover, with a minimum density of one tree per 35 linear feet.
Because ACHD currently owns the property adjacent to McMillan Road, staff
recommends a modification be granted to the standard 35-foot wide street buffer
requirement. Rather than constructing a full 35-foot wide buffer, staff recommends that
the applicant coordinate the sidewalk location/construction along McMillan Road with
ACHD and install one tree for every 35-feet of frontage on the back side of the McMillan
Road sidewalk (outside of the ultimate street section). This requirement will allow the
landscaping and sidewalk improvements to be continuous from the Settlement Bridge
development to and through this site. The applicant should obtain a license/maintenance
agreement from ACHD for said landscape improvements.
Unimproved Right-of-Wav: Meridian City Code 12-13-10-9 requires a 10-foot wide
gravel shoulder abutting right-of-way where the unimproved portion of the right-of-way
is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or
property line), and road widening is not in the ACHD Five Year Work Program. The
remainder of the unimproved right-ofcway should be landscaped with lawn or other
vegetative groundcover.
McMillan Road abutting this site meets the warrants for the lO-foot wide gravel shoulder
requirement listed above. Therefore, the applicant should be required to construct a 10-
foot wide gravel shoulder on McMillan Road, with the remaining portion of the right-of-
way being landscaped with lawn or other vegetative groundcover (as approved by
ACHD).
Existing Trees: There are several mature trees on the subject site. Any existing trees
larger than 4" caliper that are removed shall be mitigated for, per the Landscape
Ordinance (MCC 12-13-13). The applicant should work with the City Arborist, Elroy
Huff, on designing and implementing a protection plan. If any trees are deemed to be a
hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be
required for those trees.
Landscape Plan: The submitted 2-page landscape plan prepared by Harvest Design, Inc.,
dated 1-19-05 is approved as submitted, with the following modifications:
a. In accordance with MCC 12-13-10-6, install one tree for every 35-feet of
frontage on the McMillan Road right-of-way.
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b. In addition to sidewalk, construct a minimum 10-foot wide gravel shoulder
along McMillan Road and landscape the remaining portion of the right-of-way
with lawn or other ACHD approved groundcover.
c. The applicant shall work with the City Arborist, Elroy Huff, on designing,
adopting, and implementing a protection/mitigation plan for the existing trees
on site.
See Site Specific Condition #3 below.
3. Piping of Ditches: Meridian City Code 12-4-13.A.l requires all irrigation ditches, laterals
or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and
contiguous, or which canals, ditches or lateral touch either or both sides of the area being
subdivided, to be covered and enclosed with tiling or other covering equivalent in ability
to detour access to said ditch, lateral or canal. The applicant is proposing to relocate
portions of the North Slough, but it will remain open throughout the development as an
amenity (see CUP analysis below for further analysis of the proposed amenities.)
Meridian City Code 12-4-13.A.2 allows the City to waive the requirement for covering a
ditch, lateral or canal, if it finds that the public purpose requiring such will not be served
in the individual case. The North Slough to the east and west of the site is currently open.
With the approval of Settlement Bridge Subdivision to the west, the City waived the
requirement to tile the North Slough. Staff believes that if the North Slough were
tiled/covered a valuable feature would be lost. Further, if the applicant were to fence the
canal, the use of the waterway as a visual amenity would be significantly reduced.
Therefore, staff recommends that the applicant not be required to cover/tile (or fence) the
North Slough. Tiling and fencing this section of the North Slough will not improve public
health, safety, or welfare; it will detract from it. In accordance with Meridian City Code,
the applicant should be required to tile or cover any other irrigation ditches, laterals or
canals that cross, intersect or lie adjacent to the subject site. See Site Specific Condition
#4 below.
4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be
required to utilize any existing surface or well water for the primary source. If a
surface or well source is not available, a single-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 City Engineer. An underground, pressurized irrigation system
should be installed to all landscape areas per the approved specifications and in
accordance with MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #5 below.
5. Existing Structures: There are several buildings within the boundaries of the proposed
plat. Some of the buildings span across proposed lot lines and/or do not meet the setback
requirements of the requested zone. Further, most of the structures are accessory to the
existing house and caunot be located on their own lot without a primary residence. The
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applicant is proposing to remove all existing structures currently on this site. Prior to
signature of the final plat by the City Engineer, all buildings on this site should be
removed, as proposed. See Site Specific Condition #6 below.
6. Emergencv Access: The Meridian Fire Department has some concerns regarding the
serviceability of deep lots (see Lot 11, Block 7 and Lot 19, Block 7). All portions of
buildings located on all lots within the development should be within 1 50-feet of a paved
surface (as measured around the perimeter ofthe building).
A minimum of two points of access will be required for any portion of the project, which
serves more than 50 homes. The two entrances shall be separated by no less than Y> the
diagonal measurement of the project. Prior to issuance of the 51 st building permit, a
secondary emergency access approved by the Meridian Fire Department shall be
provided. See Site Specific Condition #8 below.
7. Fencing: The applicant is proposing to construct a 6-foot tall solid cedar fence around
the perimeter of the site, where fencing currently does not exist. The applicant has not
proposed to construct any fencing adjacent to the multiuse pathway sections. Fences
adjacent to pathways are recommended to be see-through. If solid fencing is used
adjacent to pathways it should not exceed four feet in height (MCCI2-13-15-9). A note
restricting fencing directly adjacent to the multi-use pathway should be placed on the
face of all final plats containing pathways. A detailed fencing plan should be submitted
upon application of the fmal plat (MCC 12-4-10.F.3). All fences should taper down to
3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in
accordance with MCC 12-4-10. See Site Specific Condition #9 below.
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The preliminary plat prepared by Engineering Solutions, LLP, dated 11-23-04, is
approved, with the conditions listed herein. All conditions of the accompanying
Annexation/Zoning (AZ"05-006) and Conditional Use Permit (CUP-05-006) application
shall also be considered conditions of the Preliminary Plat (PP-05-008).
2.
In addition to the street system proposed, construct a public stub street to the 5-acre
Wagnild parcel (Parcel No. S0532427810) to the south.
3.
The submitted 2-page landscape plan prepared by Harvest Design, Inc., dated 1-19-05 is
approved as submitted, with the following modifications:
.
In accordance with MCC 12-13-10-6, install one tree for every 35-feet of frontage on the
McMillan Road right-of-way. Coordinate the license/maintenance agreement with ACHD
for any landscaping within the right-of-way.
In addition to sidewalk, construct a minimum 10-foot wide gravel shoulder along
McMillan Road and landscape the remaining portion of the right-of-way with lawn or
other ACHD approved groundcover. Coordinate the license/maintenance agreement with
ACHD for any landscaping within the right-of-way.
.
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.
The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and
implementing a protection/mitigation plan for the existing trees on site.
All areas being counted toward the open space requirement shall be free of "wet ponds"
or other such nuisances. All stormwater detention facilities incorporated into the required
open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and
trees, as depicted on the submitted landscape plan.
4.
Except for the North Slough (aka Settlers Canal), all irrigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to
the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to
be approved by the appropriate irrigation/drainage district, or . lateral users association
(ditch owners), with written approval or non-approval submitted to the Public Works
Department. If lateral users association approval can't be obtained, plans will be
reviewed and approved by the Meridian City Engineer prior to final plat signature.
5.
The applicant has not indicated who will own and operate the pressurized irrigation
system within this development. Underground vear-round pressurized irrigation must be
provided to all lots within this development. The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water. If the
pressurized irrigation system within this development is to remain a private homeowners'
association system, complete 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 shall be submitted prior to plan approval.
The applicant shall be required to utilize any existing surface or well water for the
primary source. If a surface or well source is not available, a single-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 City Engineer.
6.
Prior to signature of the final plat by the City Engineer, all structures on this site shall be
removed.
7.
Place a note on the face of the final plat stating that all future front garage setbacks shall
be 20-feet as measured from the property line or the back of sidewalk, whichever is more
restrictive.
8.
All portions of buildings located on all lots within the development should be within 150-
feet of a paved surface (as measured around the perimeter of the building). A minimum of
two points of access will be required for any portion of the project, which serves more than
50 homes. The two entrances shall be separated by no less than Y, the diagonal measurement
of the project. Prior to issuance of the 51 st building permit, a secondary emergency access
approved by the Meridian Fire Department shall be provided.
9.
A detailed fencing plan shall be submitted upon application of the final plat. Ifpermanent
fencing is not provided, temporary construction fencing to contain debris must be
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Page 15
installed around the perimeter prior to issuance of building permits. All fences shall taper
down to 3-feet maximum within 20 feet of all right-of-way. All fencing shall be installed
in accordance with MCC 12-4-10. Fencing adjacent to any section of the multi-use
pathway shall be installed in accordance with MCC 12-13-15-9.
10.
Maintenance of all common areas shall be the responsibility of the Zebulon Heights No.2
Homeowners' Association.
11.
Permanent sanitary sewer service to this development is to be provided by the
undeveloped North Slough Trunk. Temporarily sewer service will be provided by the Lift
Station serving Vienna Woods Subdivision. At this time sewer does not exist at the
location the applicant has shown on the preliminary plat. The applicant will be
responsible for the extension of utilities to and through this proposed development.
Sizing and routing shall be coordinated with the Public Works Department. Applicant
shall execute City of Meridian standard forms of easements, for any mains that are
required to provide service. If this application is approved, it shall be subject to
availability of the sanitary sewer. The applicant shall also be responsible for any
upgrades to the lift station that may be necessary to increase the capacity to handle this
development.
12.
Water service shall be from extensions of the existing main in E. McMillan Road, and the
future phase of Settlement Bridge. Applicant will be responsible to construct the sewer
and water mains to and through this proposed development, thereby making them
available to adjacent properties. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service.
13.
Direct lot access to McMillan Road is prohibited. A note shall be placed on the final plat
restricting access to McMillan Road.
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.
3.
4.
5.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the
final plat.
A detailed landscape and fencing plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with the final
plat application.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
AZ.05-006.PP-OS.<JO8.CUP.<JS.<JO6
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9.
14.
Planrúng & Zoning Commission/Mayor & City Council
P&Z Hearing Date: March 17, 2005
Page 16
6.
Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be
required at locations designated by the Public Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs are
completed by Idaho Power Company. The street light contractor shall obtain design and
permit from the Public Works Department prior commencing installations.
7.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be mitigated.
8.
Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a
soils scientist, to the Public Works Department for review. Any drainage areas
(detention/retention basins) must be designed to ensure that water will percolate or
discharge with a period of time not to exceed 24-hours for all storms up to and including
a 1O0-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any
portion of a drainage area not improved with sod/grass seed (or other approved
landscaping) shall not count towards the required open space area. The project engineer
should pay close attention to the results of field studies determining the groundwater, soil
type & and characteristics during the design and construction phases. The engineer shall
be required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least I-foot above groundwater.
The applicant shall coordinate mailbox locations with the Meridian Post Office.
10.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
11.
Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
12.
Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
13.
The applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as determined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Army Corps of Engineers.
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15.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
16.
Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
17.
Preliminary plat approval shall be subject to the expiration provisions set forth in MCC
12-2-4.
CONDITIONAL USE PERMIT/PD ANALYSIS
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use permit if
they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
A.
B.
c.
D.
That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this
ordinance;
As part of the Plauned Development (PD) the applicant is requesting relief from the
standard street frontage requirement of the R-4 zone, as required by Meridian City Code.
See Special Consideration #1 below for detailed analysis.
Staff finds that the subject property is large enough to accommodate the requested use
and all other required ordinance features. Although the site is large enough to
accommodate all of the features required by ordinance, the applicant has asked, through
the Planned Development, to modify specific development standards.
That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
Staff finds that the proposed single-family residential subdivision is generallv
harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land
Use Map, which designates the land to be "Medium Density Residential" (provided the
Commission and Council grant the requested plauned development). Please see
Annexation & Zoning Analysis "A" above.
That the design, construction, operation, and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area;
Please see Annexation & Zoning Analysis "E" above.
That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
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Planoing & Zoning Commission/Mayor & City Council
P &Z Hearing Date: March 17, 2005
Page 18
Staff recommends that the Commission and Council rely upon public testimony, staff's
analysis, and other agency comments when determining if the proposed uses will
adversely affect other properties in the vicinity.
E.
That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such services;
Please see Annexation & Zoning Analysis "G" and "H" above, the Other
Agency/Department Comments and Conditions at the end of this report, and any
comments that may be submitted to the City Clerk regarding this project.
F.
That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic
welfare of the community;
Please see Annexation & Zoning Analysis "H" above.
G.
That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Please see Annexation and Zoning Analysis "I" above.
H.
That the proposed use will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding public
streets;
Please see Annexation & Zoning Analysis "J" above. The Commission and Council
should review any comments received from the ACHD and/or ITD regarding this project
when determining this finding.
That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
Please see Annexation & Zoning Analysis "K" above.
SPECIAL CONSIDERATIONS-CONDITIONAL USE PERMIT/PD
1. Reduced Standards: As stated earlier, the applicant is requesting modifications from
standard ordinance requirements for street frontage of the R-4 zone and a modification
to allow a gross density below 3 dwelling units per acre.
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Lot Frontage: According to the applicant's letter, the minimum requested street frontage
is 58-feet. However there are three lots on the submitted preliminary plat that have
between 41 and 50-feet of frontage. Overall, there are twenty-four (24) lots that are
below the 80-foot frontage requirement of the R-4 zone. The remaining 151 lots are at
or above the minimum street frontage requirement of the proposed R-4 zone. Staff is
supportive of reducing the frontage for some of the lots as it provides greater lot
diversity. However, staff believes that the minimum street frontage requirement should
be reduced to 50-feet, not 41-feet as shown on the preliminary plat. See Site Specific
Condition #2 below.
Densitv: Although the requested zoning designation, R-4, allows densities consistent
with the medium density Comprehensive Plan designation, the proposed residential
density is only 2.4 dwelling units per acre. The Comprehensive Plan does allow a one
step increase or decrease in residential areas without amending the Comprehensive
Plan. Generally staff does not support developments that do not comply with the
minimum target density as large-lot developments typically do not provide efficient use
of the land. However, due to the existing one-acre lots in Heritage Subdivision to the
west, staff believes that a step down in density is justified here. If the City approves an
R-4 zone, the proposed zoning/density will allow a smooth transition from the estate lot
sizes in Heritage Subdivision to the urban lots in Madison Park to the east.
2. Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of
each plauned development. The proposed amenities for the subject planned development
include: playground equipment on Lot 1, Block 6; a swimming pool with
restroorn/locker/changing areas and playground equipment on Lot 5, Block 8; and, a
multi-use pathway throughout the development. The applicant is also proposing to
reserve approximately 8 percent of the site for useable open space (exclusive of the
channel for the North Shough). Staff is generally supportive of the proposed site design
and amenities. The applicant should work with Meridian Planning & Zoning staff and
ACHD staff on some type of striping, signage, or other means to create an efficient multi-
use pathway crossings of the public streets (where warranted). See Site Specific
Conditions #3 & #4 below.
3. Housing Tvpes: As required with a Planned Development, the applicant has submitted
front elevations for the proposed dwelling units. Staff believes that the dwelling units will
be compatible with the adjoining uses, if the buildings are constructed as shown on the
submitted elevations. Construction within Zebulon Heights Subdivision No.2 should
substantially comply with the elevations submitted by the applicant. Construction
materials used on the structures should be approved by the City of Meridian Building
Department and in accordance with the most recent Building Code. See Site Specific
Condition #5 below.
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/Pm
1. The PD site plan prepared by Engineering Solutions, LLP, dated 11-23-04, is approved,
with the conditions listed herein. The applicant shall meet all of the requirements of the
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P&Z Hearing Date: March 17,2005
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Annexation/Zoning (AZ-05-006) and Preliminary Plat (PP-05-08) as a condition of the
Conditional Use Permit (CUP-05-006).
2.
The project shall conform to the R-4 dimensional standards, except as follows:
. Minimum frontage: 50-feet (non cul-de-sac lots).
No other variances, exceptions or reductions to the City adopted dimensional standards or
uses are approved with this CUP application.
3.
The following amenities are required as part of the Planned Development, per the
application: playground equipment on Lot 1, Block 6; a swimming pool with
restroom/locker/changing areas and playground equipment on Lot 5, Block 8; a multi-
use pathway throughout the development; and, 8 percent of the site set aside for open
space (exclusive of the channel for the North Slough). Said multi-sue pathway shall be
construct a minimum of 10-feet wide. Prior to signature of the final plat, a permanent
pedestrian easement, in favor of the City of Meridian, shall be recorded for the multi-
use pathway. The easement(s) shall be sufficient width to cover the 10-wide pathway.
Additionally, a note shall be added to the face of the final plates) indicating the City of
Meridian is responsible for the maintenance of the pathway surface located within the
easement. The applicant shall be required to obtain a Certificate of Zoning Compliance
(CZC) from the City prior to construction of any permanent structures on the proposed
park lots.
4.
The applicant shall work with Meridian Plauning & Zoning staff and ACHD staff on
striping, signage, or other means to create an efficient multi-use pathway crossing of the
public streets. The applicant shall install signs or other means to inform the traveling
public (striping crosswalks, etc.) of pathway/street intersections (where deemed
appropriate by ACHD staff and City staff).
5.
Construction within Zebulon Heights Subdivision No.2 shall substantially comply with
the seventeen (17) elevations submitted by the applicant. Construction materials used on
the structures shall be approved by the City of Meridian Building Department and in
accordance with the most recent Building Code.
Other A!!encvillepartment Comments & Conditions
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available
for duration of2 hours to service the entire project. Fire hydrants shall be placed an average
of 500' apart. International Fire Code Appendix C
2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department
and water quality by the Meridian Water Department for bacteria testing.
3. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department.
AZ-05-006.PP-o5.008.CUP-05-006
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Page 21
a. Fire Hydrants shall have the 4 y>" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
4. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads shall have a turning radius of28' inside and 48' outside
radius.
6. Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
7. To increase emergency access to the site a minimum of two points of access will be required
for any portion of the project, which serves more than 50 homes. The two entrances should
be separated byno less than Y> the diagonal measurement of the project.
8. The proposed 1 75-10t subdivision with an estimated 2.9 residents per household would have
a total estimated population of 508 residents at build out.
9. The proposed project lies outside the five-minute response zone goal. Achievement of
this goal is subject to budgetary constraints and is intended to enhance the probability of
a favorable outcome on a request for Basic Life Support. The budget constraints are
typically defined as capital outlay for facilities that are located within 1.5 miles from a
given location and sufficient operational funds to staff the facilities.
10. All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
11. No parking signs and painted curbs will be required for all Fire Lanes.
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards
as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-
2 and 3-3, sections B & C.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway must
connect from one major arterial to another, and either an easement or ownership deed
must be granted before the city will assume the maintenance of any section of pathway.
AZ-OS-OOh. PP--O5-0OB. CUP.OS.O06
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Plauning & Zoning CommissionlMayor & City Council
P&Z Hearing Date: March 17,2005
Page 22
MERIDIAN POLICE DEPARTMENT
1. Portions of the proposed development do not offer natural surveillance opportunities of
the public areas. The applicant should meet with the Police Chief to discuss features that
increase visibility of the multi-use pathway where natural surveillance is not ideal. The
site plan and/or landscaping plan shall be revised in accord with those discussions.
2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in
height if solid fencing is used adjacent to a pathway.
RECOMMENDATION
Staff recommends approval of the submitted annexation/zoning (AZ-OS-OO6), preliminary
plat (PP-OS-OO8), and conditional use permit (CUP-OS-OO6) applications, with the
conditions listed herein.
AZ-O5-O06. PP-<)5-oo8. CUP-O5-oo6
Z"'"Ioo H,¡,h" ""AZPP.CUP.doc
Joint School District No.2
911 Meridian Road. Meridian, Idaho 83642 . (208) 855-4500 . Fax (208) 888-6700
SUPERINTENDENT
Dr. Linda Clark
RECEIVED
FEB 2 2 2005
February 17, 2005
Cityo!"',
City Cler, " w
City of Meridian
33 East Idaho
Meridian, Idaho 83642
Dear Planners:
The Meridian School District has experienced phenomenal student growth the last ten
years. The high schools, middle schools, and elementary schools throughout the district
are operating over capacity.
Approval of Zebulon Heights Subdivision will have a significant impact on school
enrollments at Discovery Elementarv. Sawtooth Middle. and Eagle High School.
We can predict that these homes, when completed, will house fifty-six (56) elementary
aged children, forty-three (43) middle school aged children, and thirty (30) senior high
aged students. Additional students will further compound the current overcrowded
situation. Residents caunot be assured of attending the neighborhood school, as it may be
necessary to bus students to other schools across the district.
School capacity is addressed in Idaho Code 67-6508. The Meridian School District is
currently operating beyond capacity. Future development will continue to have an impact
on the district's capacity. If you have any questions, please contact me at 855-4500.
Sincerely,
~~
Wendel Bigham
Supervisor of Facilities and Construction
~~_1.' "'-
j\CH1L
&'.--wt:tult'ø ~~
John S. Franden, President
Sherry R. Huber, 1st Vice President
David Bivens, 2nd Vice President
Carol A. McKee, Commissioner
Rebecca W. Arnoid, Commissioner
March 9, 2005
RECEIVED
MAR 1 1 2005
To:
Traditions by Amyx II
4850 North Rosepoint Way Suite 103
Boise, Idaho 83713
City of Meridian
City Clerk Office
Subject:
Zebulon Heights #2/ MPP-05-008 / MCUP-05-006/ MAl-05-006
175-Lot Subdivision .
McMillan Road just west of Eagle Road
On March 9, 2005, the Ada County Highway District acted on your application for the above
referenced project. The attached report lists site-specific requirements, conditions of approval and
street improvements, which are required.
If you have any questions, please feel free to contact me at 208-387-6177.
Andrea N. Tuning
Planner III
Right-of-way & Development Services, Planning Division
CC:
Project file, Construction Services, Drainage, Utilities
City of Meridian
Engineering Solutions LLP
150 East Aikens Street
Suite B Eagle, Idaho 83616
Ada County Highway District. 3775 Adams Street. Garden Oty, ID. 83714. PH 208-387-6100 . FX 345-7650. www.achd.ada.id.us
--- ~ Right-of-Way & Development Services
.¿tIff'¿~ .....i.~ Planning Review Division
~'-
(ß.........wttul-;t, ~~
This application requires Commission action due to the size of the development. This item is scheduled to
be on the consent agenda on March 9, 2005 at 6:30 pm. Tech Review for this item was held with the
applicant on Friday February 25, 2005. Please refer to the attachment for request for reconsideration
guidelines. Staff contact: Andrea N. Tuning, 208-387-6177-phone, 208-387-6393-fax,
atunina@achd.ada.id.us
File Numbers:
Zebulon Heights Subdivision #2 I MPP.O5-008/ MCUp.OS.QO6 I MAZ.OS.OO6
Site address:
South of McMillan Road just west of State Highway 55 (Eagle Road)
Owner/Applicant:
Traditions by Amyx II, LLP
4850 North Rosepoint Way Suite 103
Boise, Idaho 83713
Representative:
Engineering Solutions, LLP
150 East Aiken Street Suite B
Eagle, Idaho 83616
Application Information:
The applicant has submitted an application to the City of Meridian requesting annexation, rezone, conditional
use and preliminary plat approval to construct a 175-lot single-family residential subdivision on 72.85-acres.
The site is currently zoned RUT and is proposed to be zoned R-4. The site is located on the south side of
McMillan Road just west of State Highway 55 (Eagle Road).
Acreage: 72.85-acres
Current Zoning: RUT
Proposed Zoning: R-4
Buildable Lots: 175-lots
Common Lots: 20-1015
Vicinity Map
A.
Findings of Fact
1.
Trip Generation: This development is estimated to generate 2,368 vehicle trips per day based on
the submitted traffic impact study.
2.
Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building
permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at thaI
time.
3.
Traffic Impact Study: A traffic impact study was required with this application due to the size of the
development. The traffic impact study was submitted by Washington Group International (WGI) and
the findings of the study are as follows:
The proposed Zebulon Heights Subdivision will be located on the southeast quadrant of the State
Highway 55 and McMillan Road intersection in Ada County, Idaho. The traffic impact area includes
Idaho 55, also known as State Highway 55, McMillan Road, and Locust Grove Road.
. The proposed development is projected to generate an average daily traffic (ADT) of 2,368
vehicles of which the AM peak hour traffic is 229 vehicles per hour and the PM peak hour
traffic is 271 vehicles per hour.
. As a result of the site build-out, traffic on the vicinity roadways is expected to increase.
Traffic on State Highway 55 will increase by 1,001 vpd south of the site, by 465 vpd between
the site and McMillan Road, and by 298 vpd north of McMillan Road. Traffic on McMillan
Road may increase by 166 vpd east of State Highway 55, by 733 vpd west of State Highway
55, by 901 vpd east of Locust Grove Road, and by 399 vpd west of Locust Grove Road.
Traffic on Locust Grove Road may increase by 63 vpd north of McMillan Road and 439 vpd
south of McMillan Road.
. Zebulon Heights # 1 development is expected to contain approximately 63,000 square feet of
general office buildings and is currently under construction with an access to State Highway
55 that aligns with Wainwright Drive. Zebulon Heights # 1 is currently under construction and
will be completed in 2005.
. Zebulon Heights #2 is expected to contain 175 single-family residenliallots and is proposed to
have access to State Highway 55 through Zebulon Heights # l' with an additional access to
McMillan Road through an approach that aligns with Camas Creek Avenue in the Austin
Creek subdivision. Zebulon Heights # 2 is anticipated to be built out by 2010.
. Zebulon Heights #2 has four stub streets to the surrounding existing, proposed, and future
developmenls. The stub street to the west will connect to Settlement Bridge Subdivision. The
northern stub street to the east will connect to Madison Park Subdivision. The southern stub
street to the east connects to the D&G Nursery, and the stub street to the south connects to
undeveloped land.
. The roadways within the site meet ACHD's requirement of < 1,000 vpd on local roads. The
volumes on the stub streets connecting 10 previpusly approved subdivisions were determined
empirically and are estimated to be less than 1,000 VTPD.
. The intersection of State Highway 55 and McMillan Road is signalized and currently operates
at level of service (LOS) E in the AM peak hour and LOS F in the PM peak hour. The traffic
volumes projected for the 2010 Background conditions operate at LOS F in both the AM and
PM peak hours. Improving the intersection with dual left tum lanes on all approaches, right
turn lanes on all approaches, and an additional through lane on both McMillan approaches will
improve the 2010 background conditions to LOS 0 in both the AM and PM peak hours. The
traffic volumes projected for lhe 2010 build out conditions, with the intersection improvements,
operate at LOS 0 in the AM peak hour and LOS E in the PM peak hour.
. The site access onto State Highway 55 aligns with Wainwright Drive on the east side of State
Highway 55 and will be two-way stop controlled. This intersection warrants a southbound
right tum lane on State Highway 55 into the site. This turn lane is designed and is currently
under construction as part of the Zebulon Heights # 1 development. This intersection also
2
warrants a northbound left turn lane on State Highway 55 into the site based on ITD's turn
lane warrants. State Highway 55 currenlly consists of two through lanes in each direction and
a two-way-Ieft turn lane that will serve this approach. The approach operates at LOS F in both
the AM peak hour and the PM peak hour. This intersection meets the peak hour signal
warrant in the 2010 Build Out condilions. With these improvements and signal control, this
intersection will operate at LOS D in both the AM and PM peak hours.
. The site access onto McMillan Road aligns wilh Camas Creek Avenue on the north side of
McMillan Road and will be two-way stop controlled. This intersection warrants an eastbound
right lurn lane on McMillan Road into the site. It also warrants a westbound left turn lane on
McMillan Road into the site based on ACHD's turn lane warrants. The approach operates at
LOS C in the AM peak. hour and LOS E in the PM peak hour. The left-turns into the site
operate at a LOS A in the AM peak hour and the PM peak hour.
. The forecast daily build-out volumes for all of the roadways in the vicinity of the project and
the Community Planning Association of Southwest Idaho (COMPASS) planning thresholds.
All of the roadways build out traffic volumes are less than the COMPASS planning thresholds
except for State Highway 55. This roadway is projected to carry increasingly large volumes of
traffic in the future. The Idaho Transportation Department is conducting the Idaho 55 State
Highway 55 Arterial Study. This study will investigate current and future traffic projections and
alternative improvements on Idaho 55. It will outline a proposed plan of action for
implementing the improvements to this major arterial.
STAFF COMMENTS
. The submitted Traffic Impact Study notes that the State Highway 55 and McMillan Road
intersection currently operates at level of service (LOS) E in the AM peak hour and LOS F in
the PM peak hour. The traffic volumes projected for the 2010 background conditions operate
at LOS F in both the AM and PM peak hours, but later notes that the intersection will operate
at an acceptable LOS in the future with the addition of dual left turn lanes on all approaches,
right turn lanes on all approaches, and an additional through lane on both McMillan
approaches. Although the submitted Traffic Impact Study recommends these improvements,
the study does not identify who should be responsible for the improvements. Although this
condition currently exists, approval of this site will exacerbate the condition.
. The McMillan Road and State Highway 55 intersection is included in the District's Capital
Improvements Plan (CIP) (as a part of the reconstruction of McMillan Road from State
Highway 55 to the Boise Sports Complex). Although the intersection is in the CIP, the
intersection is not included in the District Five Year Work Program. The State Transportation
Improvements Plan (STIP) has this intersection being reconstructed in 2009. Although the
recommendations of the submitted Traffic Impact Study show the need for a 7 by 7 legged
intersection before build out of this subdivision (2010), the District's CIP and the STIP identify
the intersection being reconstructed as a 5 by 5 legged intersection, which results in a 2-lane
deficiency at each leg of the intersection.
. The submitted Traffic Impact Study notes that traffic volumes at the intersection of Wainwright
Drive and State Highway 55 meet the peak hour signal warrant in the 2010 build out
conditions. Although the submitted Traffic Impact Study recommends the signal to provide an
acceptable LOS, the study does not identify who should be responsible for the funding, the
design and the installation of the signal.
. State Highway 55 (north of the site) currently operates at a Level of Service F. This Level of
Service exceeds the COMPASS Planning Thresholds.
. State Highway 44 (south of the site) currently operates at a Level of Service F. This Level of
Service exceeds the COMPASS Planning Thresholds.
. Special recommendation to ITD: The main entrance and Stale Highway 55 intersection
waITants a northbound left turn lane on State Highway 55 into the site based on ITD's turn
lane warrants.
3
4.
5.
5.
Site Information: The site is primarily agricultural, but does have two existing single-family
residential homes.
Description of Adjacent Surrounding Area:
a. North: Austin Creek Subdivision
b. South: 8.20, 5.21, 5.0, 5.0-acre sites zoned RUT
c. East: 7.250-acres zoned RUT and Madison Park Subdivision
d. West: Heritage Subdivision and Settlement Bridge Subdivision
Impacted Roadways
State Hiahwav 55 (Eaale Road):
Frontage:
Functional Street Classification:
Traffic Count:
Level of Service:
Speed Limit:
McMillan Road:
Frontage:
Functional Street Classification:
Traffic count:
Level of Service:
Speed limit:
None
Principal Arterial
North of Ustick Road was 18,898 on 10-29-02
Better than C
55 MPH
50-feet
Minor Arterial
East of Stale Highway 55 (Eagle Road) was 5, 135-feel on 6-20-01
Better than C
45 MPH
7.
Roadway Improvements Adjacent To and Near the Site
State Highway 55 (Eagle Road) is improved with 5-traffic lanes. State Highway 55 (Eagle Road) is
sporadically improved with sidewalk.
McMillan Road is improved with 2-traffic lanes with no curb, gutter or sidewalk abutting lhe site.
There is sidewalk located on the north side of McMillan Road that was constructed as a part of Austin
Creek Subdivision.
8.
Existing Right-of.Way
State Highway 55 (Eagle Road) has a total of 128-feet of right-of-way (54-feet from centerline).
McMillan Road has a total of 73-feet of right-of-way (25-feet from centerline).
9.
Existing Access to the Site
The site has access via Walter Lane and Wainwright Drive.
10.
Site History
The District has not previously reviewed a development application on this site.
11.
Capital Improvements Plan/Five Year Work Program
This segment of McMillan Road (Eagle Road to Locust Grove Road) is not included in the District's
Five Year Work Program, but is included in the District's Capital Improvements Plan. McMillan Road
is identified as projects # 72 and 73 and is anticipated to be reconstructed as a 5-lane roadway with
vertical curb, gutter, 5-foot detached concrete sidewalks and bike lanes in the year 2015.
4
3.
5
B.
Findings for Consideration
1.
Improvements
McMillan Road
District policy requires 7 -foot wide attached (or 5-foot detached) concrete sidewalk on all collector
roadways and arterial roadways (7204.7.2).
McMillan Road will be improved with sidewalk from Eagle Road to Locust Grove Road with the
exception of the Idaho Power site located on the corner of McMillan Ro.ad and Locust Grove Road
and the ACHD drainage ponds. /n an effort to provide a continuous pedestrian facility the District
would like the applicant to enter into a cooperative development proposal to conslruct sidewalk on
McMillan Road abutting the ACHD drainage ponds (approximately 665-feet). By improving the 665-
feet of frontage to the east and west of the subdivision's main enlrance, the improvements on
McMillan Road will be continuous. The applicant should design and construct the sidewalk on
McMillan Road abutting the ACHD storm drainage ponds (approximately 665-feet) to provide
continuous improvements abutting the site on McMillan Road. The District will compensate the
applicant for the design and construction costs that are associated with the additional 665-linear feet
of sidewalk on McMillan Road through the Developer Cooperative Fund. Prior to plans approval, the
applicant should enter into a cooperative development agreement for the allocation of costs for the
improvements that will be constructed abutting the ACHD storm drainage pond (approximately 665-
feet).
2.
Roadway Offsets
Main Entrance
District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will
typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks.
The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may
be allowed, <!epending on traffic volumes forecast to be generated by the development. Concrete
sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or
more in which case the sidewalk shall be a minimum of 4-feet in width.
. The applicant is proposing to construct the main entrance, Camas Creeks Avenue, to
intersect McMillan Road in alignment with the main entrance into Auslin Creek located on the
north side of McMillan Road. District policy requires local roadways intersecting arterial
roadways to align with or offset any existing roadway by a minimum of 300-feet. Due to the
fact that the roadway is proposed to align with an existing roadway on the north side of
McMillan Road, the proposed roadway location meets District policy and should be approved.
This roadway is proposed to be located offsite and on a portion of the ACHD Drainage Pond.
Staff is recommending that the applicant coordinate a property exchange with lhe District in
order to allow the two local roadways intersecting McMillan will align and provide a safe and
efficient intersection.
Internal Roadwavs
District po/icy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from
another local roadway (measured centerline to centerline).
. All of the internal roadways meet or exceed the minimum offsets that are required by District
policy.
Street Sections
Residential.Coliector
District policy 72-F1A, 7202.3.2 and 7202.3.5, requires that residential collectors be constructed as
36-foot street sections with curb, gutter and 5-foot wide concrete sidewalks with no front-on housing.
The access restrictions for these street segments should be stated on the final plat. Unless otherwise
noted, parking should be prohibited on these street segments. Coordinate the signage Program with
District staff.
The applicant is proposing to construct East Wainwright Drive (from the east property line to
Lot 20 Block 10) as a residential collector with no access or front-on housing. The applicant is
proposing to construct this segment of Wainwright Drive as a 36-foot street section with
vertical curb, gutter and 5-foot concrete attached concrete sidewalks wilhin 50-feet of right-of-
way. This street section meets District policy and should be approved with this application.
Residential Streets
District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will
typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks.
The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may
be allowed, depending on traffic volumes forecast to be generated by the development. .concrete
sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or
more in which case the sidewalk shall be a minimum of 4-feet in width.
District policy 7204.4.1 states that right-of-way widths for all streets and highways shall not be less
than 50-feet wide except in unusual cases. Any request to the District to approve a street with a
right-of-way width less than 50 must prove by clear convincing evidence that the facts and
circumstances of the development warrant a finding of an exceptional case. The applicant must
show that the roadway will be used for residential purposes, there will be no possibility that the street
will be extended in the near future and the traffic volumes on the street are not forecast to exceed
200 vehicles per day.
District policy7240.4.3 allows a developer to construct a local urban residential street with a reduced
width of 29-feet from back-of-curb to back-of-curb with curb, gutter and sidewalk. Policy restricts
parking on reduced street sections.
4.
. The applicant is proposing to construct the remainder of the local streets as 36-foot street
sections with rolled curb, gutter and 5-foot attached concrete sidewalks (or 4-foot detached)
within 50-feet of right-of-way. This street section meets District policy and should be approve
with this application.
The applicanl may construct the two cul-de-sac roadways that extend from Wainwright Drive
as 29-foot street sections with vertical curb, gutter and 5-foot concrete sidewalks within 42-
feet of right-of-way.
Stub Streets
District policy 7203.5.1 states that the street design in a proposed development shall cause no undue
hardship to adjoining property. An adequate and convenient access to adjoining property for use in
future development may be required. If a street ends at the development boundary, it shall meet the
requirements of sub section 7205, "non-continuous streets."
District policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation
or to provide access to adjoining properties. Stub streets will conform with the requirements
described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if
the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the
stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition, a stub
street must meet the following conditions:
1. A stub street shall be designed to slope towards the street intersection and drain surface
water toward that intersection, unless a satisfactory storm drain system is installed.
2. The District may require appropriate covenants guaranteeing that the stub street will
remain free of obstructions.
6
The applicant is proposing to extend Wainwright Drive into lhe site from the east property line
adjacent to the north property line. Wainwright Drive was previously approved and
constructed as a part of Zebulon Heights Subdivision #1 and was anticipated to be extended
in the future. Staff is supportive of the applicant's proposal.
The applicant is proposing to construct a stub street to the south property line approximately
460-feet east of the west property line. This stub street is anticipated to serve the 8.20-acre
site that is located directly to the south. Staff is supportive of the applicant's proposal.
The applicant is proposing to construct a stub street to the west property line approximately
875-feet south of McMillan Road. This stub street is anticipated to extend a previously
approved (but not yet constructed) stub street that was approved as a part of Settlement
Bridge Subdivision. Staff is supportive of the applicant's proposal.
. The applicant is proposing to extend Rochester Drive from the east property line
approximately 138-feet south of the north property line. Rochester Drive was previously
approved and constructed as a part of Madison Park Subdivision and was anticipated to be
extended in the future. Staff is supportive of the applicant's proposal.
. The applicant is proposing to construct a stub street to the east property line approximately
370-feet north of Wainwright Drive. This stub street is anticipated to serve the 7.260-acre site
that is located directly to the east. Staff is supportive of the applicant's proposal.
In addition to constructing 2-newstub streets and extending 3-previously approved stub
streets, the applicant is proposing to provide access to the 7.260, 1.19, 5.0-acre sites located
to the east of this site just north of Wainwright Drive, by constructing Wainwright Drive as a
"quasi-stub street" that runs along the north property line of this site. By constructing the full
street section and placing the right-of-way line abutting these parcels, the parcels will have
access to the public transportation system and will have interconnectivity within this area.
Staff is supportive of the applicant's proposal to construct the roadway abutting the north
property line.
5.
Turnarounds
District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum tuming radius of
45-feet.
. The applicant is proposing to construct six (6) cul-de-sac turnarounds without center islands
within the subdivision. The applicant should construct the turnarounds to provide a minimum
turning radius of 45-feet.
6.
Turn Lanes
District policy 3004.1 and MSHTO Guidelines require turn lanes to be constructed on a varying basis
contingent upon lhe posted speed limit. Coordinate the design of the turn lane with District staff.
Based on the recommendations from the submitted traffic impact study, the applicant should
construct an eastbound right tum lane on McMillan Road at the McMillan Road and Camas
Creek Way intersection.
District policy 3004.1, 72-F8, MSHTO guidelines and the MUTCD guidelines require the turn lane to
be constructed to provide a minimum of 100-feet of slorage with shadow tapers for both the approach
and departure directions. Coordinate the design of the turn lane with District staff.
Based on the recommendations from the submitted traffic impact study, the applicant should
construct a westbound left turn lane on McMillan Road at the McMillan Road and Camas
Creek Way intersection.
7
7.
Right-of-Way and Landscaping of ACHD Property
ACHD currently owns a great deal of right-of-way on McMillan Road to lhe easl and the west of the
proposed subdivision. The right-at-way was purchased with the intent that the righl-of-way would be
utilized in the future as a drainage pond. Since the right-of-way has been acquired, the District has
constructed storm drainage ponds within the right-of-way. In 2004, the applicant of the Zebulon
Heights Subdivision #2 Subdivision approached ACHD with regard to the location of Camas Creek
Way on the north side of McMillan Road and the drainage ponds. The applicant proposed to
exchange the existing ACHD right-of-way in alignmenl with Camas Creek Way for the existing
frontage on McMillan Road that is slightly offset from aligning with Camas Creek Way on the North
side of McMillan Road (creating ACHD right-of-way the entire frontage on McMillan Road). ACHD
staff (Design, Drainage, Right-of-Way and Development) notified the applicant that the applicant
would be required to dedicate Lot 1 Block 1 to the District and coordinate the design of the pond
facilities with District staff to ensure that the reconfigured drainage ponds will have a capacity that is
equal to or greater in storage area than the existing ponds and will function at a level that is equal to
or greater than what the District had originally designed and the District will have adequate access to
the ponds.
The applicant has also spoken to the District in regard to landscaping the existing ACHD storm
drainage ponds. If the applicant chooses to landscape the storm drainage ponds, the applicant shall
obtain a license agreement and have the landscape and sprinkler plan reviewed and approved by the
ACHD Drainage Division. «<If the applicant chooses to grass the area around the pond, the
applicant shall hydro-seed rather than utilizing sod.
C.
Site Specific Conditions of Approval
1.
Enter into a cooperative development agreement for the allocation of costs for the sidewalk on
McMillan Road abutting the ACHD storm drainage ponds (approximately 665-feet.)
2.
Construct the main entrance, Camas Creeks Avenue, to intersect McMillan Road in alignment with
the main entrance into Austin Creek located on the north side of McMillan Road.
3.
Construct East Wainwright Drive (from the east property line to Lot 20 Block 10) as a residential
collector with no access or front-on housing. Construct this segment of Wainwright Drive as a 36-foot
street section with vertical curb, gutter and 5-foot concrete sidewalks within 50-feet of right-of-way, as
proposed. Taper the existing 40-foot street section that terminates atthe easl property line into a 36-
foot street section.
4.
Construct the remainder of the local streets as 36-foot street sections with rolled curb, gutter and 5-
foot attached concrete sidewalks (or 4-foot detached sidewalks) within 50cfeet of right-of-way, as
proposed. If the sidewalk is located outside of the right-of-way, provide an easement.
5.
The applicant may construct the two cul-de-sac roadways that extend from Wainwright Drive as 29-
foot street sections with vertical curb, gutter and 5-foot concrete sidewalks within 42-feet of right-of-
way.
6.
Extend Wainwright Drive into the site from the east property line adjacent to the north property line,
as proposed.
7.
Construct a stub street to the south property line approximately 460-feet east of the west property
line, as proposed. Install a sign at the terminus of the roadway stating, "This roadway will be
extended in the future."
8.
Extend a previously approved stub street from the west property line approximately 875-feet south of
McMillan Road, as proposed.
8
9.
10.
11.
12.
13.
14.
Extend Rochester Drive from the east property line approximately 138-feet south of the north property
line, as proposed.
Construct a stub street to the east property line approximately 370-feel north of Wainwright Drive, as
proposed. Install a sign at the terminus of the roadway stating, "This roadway will be extended in the
future."
Provide access to the located to the east of this site just north of Wainwrighl Drive, by constructing
Wainwright Drive as a "quasi-stub street" that runs along the north property line of this site, as
proposed. Construct Wainwright Drive as a full 36-foot street section and place the right-of-way line
abutting 7.260, 1.19, 5.0-acre sites to provide them with future access to the public transportation
system, as proposed.
Construct six (6) cul-de-sac turnarounds without center islands within the subdivision, as proposed.
Construct the tumarounds to provide a minimum turning radius of 45-feet.
Construct an eastbound right turn lane on McMillan Road at the McMillan Road and Camas Creek
Way intersection, as recommended by the submitted traffic impact study. Coordinale the design of
the tum lane with District staff.
Construct a westbound left turn lane on McMillan Road at the McMillan Road and Camas Creek Way
intersection, as recommended by the submitted traffic impact study. Coordinate the design of the
turn lane with District staff.
15.
16.
Dedicate Lot 1 Block 1 to the District.
If the applicant chooses to landscape the storm drainage ponds, lhe applicant shall obtain a license
agreement and have the landscape and sprinkler plan reviewed and approved by the ACHD
Drainage Division.
17.
Comply with all Standard Conditions of Approval.
D.
Standard Conditions of Approval
1.
2.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
5.
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. An engineer registered in lhe Slate
of Idaho shall prepare and certify all improvement plans.
6.
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.
9
2.
7.
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.
8.
Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIG LINE (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.
10.
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.
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 a
waiver/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.
11.
E.
Conclusions of Law
1.
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
ACHD requirements are intended to assure that the proposed use/development will nol place an
undue burden on the existing vehicular transportation system within the vicinity impacted by the
proposed development.
Attachments
1.
2.
3.
10
Vicinity Map
Site Plan
Request for Reconsideration Guidelines
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12
Request for Reconsideration of Commission Action
1.
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff
or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action previously
requested to be reconsidered, an action whose provisions have been partly and materially carried
out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted wilh the prevailing side can move for reconsideration,
but the motion may be seconded by any Commissioner and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following
the meeting at which the action to be reconsidered was taken. Upon receipt of the request,
the Secretary shall cause the same to be placed on the agenda for that next scheduled
regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth new
facts and information not presented at the earlier meeting, or a changed situation that has
developed since the taking of the earlier vote, or information. establishing an error of fact or
law in the earlier action. The request may also be supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to ACHD
staff for further review. The Commission may set the date of the meeting at which the matter
is to be returned. The Commission shall only take action on the original matter at a meeting
where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
13
II
Development Process Checklist
II
I8ISubmit a development application to a City or to the County
I8IThe City or the County will transmit the development application to ACHD
I8IThe ACHD Planning Review Division will receive the development application to review
I8IThe Planning Review Division will do ~ of the following:
OSend a "No Review" letter to the applicant stating that there are no site specific requirements at this time.
OSend a "Comply With" letter to the applicant stating that if the deveiopment is within a platted subdivision or part of
a previous development application and that the site specific requirements from the previous development also apple
to this development application.
OWrite a Staff Level report analyzing the impacts of the development on the transportation system and evaluating thE
proposal for its conformance to District Policy.
I8IWrite a Commission Level report analyzing the impacts of the development on the transportation system and
evaluating the proposal lor its conformance to District Policy.
I8IThe Planning Review Division will hold a Technical Review meeting lor all Staff and Commission Level reports.
OFor ALL development applications. including those receiving a "No Review" or "Comply With" letter:
The applicant should submit two (2) sets of engineered plans directly to ACHD for review by the Development Revl.....
Division for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD,
then architectural plans may be submitted for purposes of impact fee calculation.)
The applicant is required to get a permit lrom Construction Services (ACHD) for ANY work in the right-of-way, includin¡
but not limited to, driveway approaches. street improvements and utility cuts.
OPay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval.
DID YOU REMEMBER:
Construction (Zone)
0 Driveway or Property Approach(s)
Submit a "Driveway Approach Requesf' form to Ada County Highway District (ACHD) Construction (for approval by
Development Services & Traffic Services). There is a one week tumaround for this approval.
0 Working in the ACHD Rlght-ol.Way
Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to
ACHD Construction - Permits along with:
a) Traffic Control Plan
b) An Erosion & Sediment Control Narrative & Plat. done by a Certified Plan Designer, if trench is >50' or you are
placing >600 sf of concrete or asphalt.
Construction (Subdivisions)
0 Sediment & Erosion Submittal
At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan
Designer. must be tumed into ACHD Construction - Subdivision to be reviewed and approved by the ACHD Drainage
Division.
0 Idaho Power Company
Vie Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre-Con being scheduled.
0 Final Approval from Development Services
ACHD Construction - Subdivision must have received approval from Development Services prior to scheduling a Pre-Con.
14
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...
,fm. CENTRAL
{i EEðL!~
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health DIKEIVED
FEB 2 5 2005
Rezone #
Conditional Use #
Preliminary / Final/Short Plat
- ZE
City of Meridian
City (Jerk Ofll~~
Return to:
0 Boise
0 Eagle
0 Garden City
~Meridian
0 Kuna
OACZ
0 Star
0 1. We have No Objections to this Proposal.
0 2. We recommend Denial of this Proposal.
0 3. Specific knowLedge as to the e~ct tyy_e of u~e must be provided before we can comment on this Proposal.
0 4. We will require more data concerning soil conditions on this Proposal before we can comment.
05.
Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
0 high seasonal ground water 0 waste flow characteristics
0 or bedrock from original grade 0 other
0 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
0 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
'I'i ~. After wr~'tte approval from appropriate entities are submitted, we can approve this proposal for:
r entralsewage 0 communilysewagesystem 0 community waler well
interim sewage iSi::central water
0 individual sewage {j individual water
tïl"g. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
'1"""" Division of Environmental Quality:
ttœntral sewage Q. (. community sewage system
'0 sewage dry lines ;a....central water
Run-off is not to creale a mosquito breeding problem.
0 community water
;ø.10.
0 11. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations Indicate approval.
0 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State
Sewage Regulations.
0 13. We will require plans be submitted for a plan review for any:
0 food establishment 0 swimming pools or spas
0 beverage establishment 0 grocery store
~ 14. Please see attached stormwater management recommendations
015.
0 child care center
Da~~w
Reviewed By: ~
15726.001<HO904
Review Sheet
~,,- -
~ CENTRAL
P"'\IHljþ DISTRICT
HEALTH
DEPARTMENT
\
MAIN OFfICE . 707 N. ARMSTRONG PL . BOISE, 10 83704-0825 . (208) 375-5211 . FAX 327-8500
To provenland trent ífbJ~ase and disabüity; 10 promole hea1tJI] lffestJiles; and 10 prot""r tUJd promo'" lho health and qJlality of ow' IIJlvironmenr.
STORM WATER MANAGEMENT RECOMJ\1ENDATIONS
It is recommended that storm water be pre-treated prior to discharge to the
subsurface to prevent impact to ground water and surface water quality. The
engineers and architects involved with the designoftbis project should obtain
CUlTent best management practices for storm water disposal and design a
storm water management system that is preventing groundwater and surface
water degradation~ Manuals that could b~used for guidance are:
State of Idaho Catalog of Storm water Best Management Practices For
Idaho Cities and Counties. ..'
Prepared by the Idaho Department of Environmental Quality, July
1997.
Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department, May 2000.
Ada I Boise County Office
707 No Artnstrong PI.
Boise, 10 83704
E"",.. H..llh: 327-7459
Family Planning: 327-7400
Immunizations: 327-7450
Serving Valky, Elmore, Boise, and Ada Countks
Elmore County OffIce
520 E 8th 5t Norf/¡
Mounla/n HDlDe, ID 83647
&11110. fIeaJ!b: 567-9225
Famly HoaIlh: 567-4407
\\IIC: 587-44119
Valley County Office
703 N. 1st 5l
Ro. Box 1448
Md:aII,1063638
Ph. 634-7194
FAX: 634-2174
"""12~""
PO BOX 7571
PHONE. 344-2471
BOISE. IDAHO 83707- I 57 I
FAX 343-1642
COpy
SETTLERS' IRRIGATION DISTRiCT
February 16,2005
RECEIVED
FEe 2 2 2005
City of Meridian
City Clerk Office
Becky McKay
Engineering Solutions
150 E. Aikens Street, Suite B
Eagle, ID 83616
- -~ --- -
Re: PP 05-008 Preliminary plat for Zebulon Heights Subdivision No.2
Dear Becky:
After review of the Preliminary plat of the above-mentioned application Settlers Irrigation
District requests the following:
I. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the North Slough (Settlers) Canal (60'
easement), Little Lateral (20' easement), and the Parkins Nourse Lateral (30'easement).
2. A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any S.LD.
facilities, or within its easements. .
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping
must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-mentioned
subdivision ITom the current delivery point. If the developer wishes to have Settlers
Irrigation District own, operate, and maintain the pressure irrigation system an agreement
needs to be in place prior to the pre-construction meeting.
If you have any questions please call 343-5271.
~
Nathan Draper, Manager
Settlers Irrigation Dis1rict
--
Enclosures
Cc: Will Berg, City of Meridian (w/o enclosures)
Bruce Freckleton (w/o enclosures)
Scott Campbell (w/o enclosures)
Mar, 14. LOU) 1:llrM
No. 0485
P. i
Jack &. Marianne Ketlinski
2610 Jasmine Lane
Meridian, Id 83642
Mailing Address:
P.O. Box 835
Meridian, ID 83680
Tel; (208) 863-2542
March 7,2005
'--
City of MeridJan
33 East Idaho
Meridian, Tdaho 8364?
Planning and Zoning CommissioIl
Re:
Zebulon Heights Subdivision Application
Prelimirwy Plat ApplicatioIl: PP 05008
Conditional Use Application: CUP 05006
Dear Chairman,
I am a home.owner and sit. on 8+ aCTt's on the south side of the proposed
Zebulon Heights subdivision. I built my house 11 years ago and have enjoyed the
quietness of count!)' living. I have several concerns about the project as proposed:
I-
If two story homes are built along close to the property line, my privacy will be
invaded and my back living area would basically be ruined. I would be forced
to e.r('ct either ;¡ t;¡1! fence or some other b;¡rñer to restore it. This solution
would not be a good one for either me or the new homeowners. I would prefer
that either no two stOry residences be permitted along the shared property line.
2-
The canal that runs through the common property line should be tiled for the
safety of children in the proposed subdivision. AI; it stands now, there is Jittle
Art;"i!:-' in,>nh';n!". !"hi!rlrf'n !".,,"r rh" r.,nÜ ()nre rhe <"hrli"i<;n" !".""< in d",
ran,\I will ['~pr~~~11t 11 ~igl1iÎic¡¡l\¡ dnnger.
MAR 14 'Ø5 13:35
PAGE. Ø1
lVIar.14. LUU) 1:IIrM
No. U4~'
~. L
Meridian P & Z
March 7, 2005
Page ?
Also, the canal on the common boundary to the NoM of my property has
leaked into my property causing deep standing water in my pasture. It is
impo.~~ihle to use my tractor along my ff'.nC'e line during the irrigMion Se~SI)n.
H this problem is not addressed now, the new homeowners will find themselves
with water intruSion intO their houses and the reswûng mold. This has been a
problem for subdivisions throughout the Treasure VaHey and the correCl fix is
to address the canal leakage before the homes are built. This fix will also
benefit my property.
3-
A quality masonxy fence at least six foot tall showd separate the proposed
subdivision and Jasmine acres subdivision to avoid problems betWeen our
re$peC'tive subdivisions.
I realize that the developments in my area will impact my quality of living and
that I am no~ likely to be able to stop the deveìopmenl. In the inLeresl of creating a
good neighborly relationship in the beginning. rather than addressing problems after
they arise, I wowd ask that my concerns be considered and that some reasonable
restrictions be placed on the development for everyone's benetìt.
s~
ç:~
MRR 14 '05 13:35
PRGE.02
RECEIVED
MAR'; 12005
City of Meridian
~ City CI~Offíce
~&~-/~V~
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
23 February, 2005
phones: Acea Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
William G. Berg Jr., City Clerk
City of Meridian
. B',",~¡Ave.
M~Íb 83642
RE:
CUP 05-006 & PP 05-O08/Zebulon Heights No.2
Dear Will:
Nampa & Meridian Irrigation District has no comment on the above referenced
applications for Conditional Use Permit and Preliminary Plat approval for Zebulon
Heights Subdivision No.2 as it is out of our district.
Sincerely,
(11~~ ~
Asst. Water Superintendent
Nampa & Meridian Irrigation District
BH/dbg
c:
File - Office/Shop
APPROXIMATE lRRlGABlE ACRES
RIVER FLOW RIGHTS. 23.000
BOISE PROJECT RIGHTS. 40,000
MAYOR
Tammy de Weerd
clfe;;d¡trn
IDAHO
LEGAL DEPARTMENT
(208) 466-9272 . FAX 466'4405
PARKS & RECREATION
(208) 888-3579 . Fax 898-5501
PUBLIC WORKS
(208) 898-5500' Fax 887-1297
CITY COUNCIL MEMBERS
Shoun Wardle
William L. M. Na,y
Chades M. Rountæe
Keith Bird
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING & ZONING
(208) 884-5533 . Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: March 10, 2005
Transmittal Date: February 14, 2005 Hearing Date: March 17, 2005
File No.: PP 05-008
Request: Preliminary Plat approval for 175 single-family residential building lots & 20 common lots on
72.85 acres in a proposed R-4 zone for Zebulon Heights Subdivision No.2
By: Traditions by Amyx II, LLP
Location of Property or Project: south of East McMillan Road & east of North Locust Grove Road
~
David Zaremba, P/Z (No FP)
David Moe, PIZ (No FP)
Wendy Newton-Huckabay, PIZ
Michael Rohm, P/Z (No FP)
Keith Borup, P/Z (No FP)
Tammy de Weerd, Mayor
Bill Nary, CIC
Chartie Rountree, CIC
Keith Bird, CIC
Shaun Wardle, CIC
Water Department
Sewer Department
Sanitary Service (No VAR, VAG, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District (No FP)
Meridian Post Office (FPIPP only)
(No FP) Ada County Highway District
~iunty Dev. elopment Services
REC t I District Health
Meridian Irrig. District
Se Irrigation District
FER 11, zuuS Idaho Power Co. (FPIPP/CUPonly)
~~~ (FPIPP only)
CITY 0.1" lVl~OUQ¡mtainGas (FPIPPonly)
T'E,'T A.'1'1<~R jQ~lI-of Reclamation (FPIPPonly)
\VAS ,"'- Idaho Transportation Department (NoFP)
Ada County Land Records
Meridian Development Corporation
Historical Preservation Commission
Yo", eon.;", R"","". NuT ",-
33 EAST IDAHO AVENUE. MERIDIAN, IDAHO 83642 . (208) 888-4433
City Clerk Office Fax (208) 888-4218 . Hullliln Resources Fax (208) 884-8723 . Finance & Utility Billing Fax (208) 887-4813
11/23/04 15:36 FAX 375 0997
@002
\~
ZOODHR-3 AMII:OI
RECORDEO- REQUEST OF
fEE "pl. ~TY~
100016226
FIRST AMERICAN
ADA CtiUNTY RECORDER
J. DAVID NAVARRO
Bm~C.IO,\,~f)
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
THE TRADITIONS SUBDMSION
TIDS DECLARATION is made on the 1st day of February 2000, by The Traditions, an
Idaho General Partnership, hereinafter referred to as "Declarant":
WITNESSETH:
WHEREAS, Declarant is the Owner of certain real property situated in the City of Boise,
County of Ada, and State of Idaho, which is more particularly described as follows:
The Traditions Subdivision. acçording to the official plat thereof on file in the
office of the County Recorder for Ada County, State of Idaho, and recorded as
Instrument No. 99096386. in Book JJ. of Plats at Pages 8354 and 8356, records of
Ada County, ldåho.
WHEREAS, Declarant desires to establish on the propeny an exclusively residential
community which is designed to maximize the use of available land and which contains
residential dwelling units ;thereon. With open spaces and walkways, created for the benefit of
said community through the granting of specific rights, privileges and easements of enjoyment
which may be shared and enjoyed by all of the residents therein.
WHEREAS, Declarant desires to assure the attractiveness of the individual lots and
community faA:ilities within the Property; to prevent any future impainnents or nuisances; to
preserve, protect and enhance the values and amenities of the Property; and to provide for the
maintenance of said open SpaA:es and walkways. In order to aA:hieve these objectives, the
Dec!arant is desirous of subjecting the Propeny to the covenants, conditions, reslrictions,
easements, charges and liens set forth herein, all of which are for the benefit of the Property, the
Declarant and the Owner thereof.
NOW, THEREFORE, Declarant hereby declares that the Property shall be held, sold and
conveyed subject to the following easements, res1rictions, covenants and conditions. Which are
for the purpose of protecting the value and desirability of the Property. All shal! run with the
Property and be binding on all parties having any right, title or interest in the properties, or any
part, parce! or Lot thereof, their heirs, successors and assigns, and shalJ inure to the benefit of
each Owner thereof.
DEClARATION OF COVENANTS, CONDmoNs AM> RPSI'RICTIONS FOR TIlE TIlADITION& SUBDIVISION - PAGE I
11/23/04 15:36 FAX 375 0997
1i!J003
ARTICLE I
DEFINITIONS
1. PEflMTIONS: Unless the context clearly requires otherwise, the following terms
used io this Declaration shall apply throughout this Declaration.
1.1 "Association" shall mean and refer to The Traditions Homeowners Association
Inc., a non-profit corporation organized and existing under the laws of the State of Idaho, or IUI;
successor or assign of the A:!sociation.
1.2 "Committee" shall refer to the Architectural Control Committee for The
Traditions Subdivision.
1.3 "CODUDOD Area" shall mean all those lots described and dermed io Article III and
the improvements thereon, which may &om time to time be owned by the Association or made
available by Declarant expl'e88ly for the common use and enjoyn¡ent of the Owners.
1.4 "Common Facilides" shall mean all improvements, structures, equipment and
personal property (whether temporary or fixed) constructed or placed on the Common Areas, or
on any walkway or easement set forth on the plat, including but not liorited to fencing,
Iandscapiog, sculptures, sprinkler systems, exterior lighting, benches and walkways.
].5 "Dedaraut" means and refers to The Traditions, an Idaho General Partnership, its
successors and assigns, or any person to whom the Decla1ant's rights hereunder are assigned by
recorded instrument.
1.6 "Lot" shall mean and refer to any plot of land shown upon any recorded
subdivision map of the Property with the exception of any Common Area.
1.7 "Member" shaI1 refer to the Lot Owner or Owners, who are members of The
Traditions Homeowners Association, Inc.
1.8 "Owner" means one or more persons who are alone Dr collectively the record
owner of a fee simple title, whether or not subject to any Mortgage. Held on any Lot which is a
part of the Property, including contract sellers, but excluding those having an interest merely as
security for the perfonnance of an obligation.
1.9 "Property" and "Project" shall mean and refer to the real property constituting
The Traditions Subdivision, and any additiOnal real property made subject to this Declaration.
With all buildings, improvements and other pennanent fixtures of whatever kind, now or
hereafter located thereon, and all easements, rights. appurtenances and privileges belonging or in
any way pertaining thereto. References in this Declaration to particular lots shall be references to
the lots as defined and depicted on the plat.
DECLARATION OF COVENANTs. CONomoNS AND RESTRICTIONS FOR THE TRADmONs svaDlVlSlON - PAC" Z
11/23/04 15:37 FAX 375 0997
~004
1.1 0 "Supplemeofal Declaration" means a declaration of covenants, conditions and
restrictions, or similar instrument, intended to make this Declaration applicable to and binding
upon other parcels of real property wlûch are subsequently platted and adjacent to the property
referred to in this Declaration.
ARTICLE n
APPROVAL OF COVENANTS AND ENFORCEMENT
The Declanmt hereby covenants for all of said property and the subsequent Owners by
acceptance of a Deed or Contract to Purchase. This ratifies this Declaration of Covenants,
Conditions, and Restrictions, whether or not it shall be so expressed in any such deed,
conveyance, Dr agreement for conveyance, and agrees to abide by these covenants, conditions and
restrictions.
SlIould the Owner violate or atIeInpt to violate any of the provisions of this Declaration of
Covenllllts, Conditions and Restrictions, any of the foJlowing people shall have full power and
authority to prosecute. The Declarant, Architectural Control Committee, the directors or officers
of The Traditions Homeowners Association, Inc., or any other person or persons owning any real
property in the Subdivision. Any proceedings at law or in equity against the person or persons
violating Of attempting to violate lII1y of the said Restrictions, to mandate complilll1ce, and to
recover any damages sustained by reason of such violation. Should the Declarant, Owner, or
other qualified Complaintant of the Association employ counsel to enforce any of these
restrictions, Of right of replU'ebase by reason of such violation, all costs incurred in such
enforcement, including reasonable attoraey fees, shaJI be paid by the Owner of such lot or lots.
The Declarant shall have a lien upon such lot or lots to secure payment of said fees and expenses.
In the event of a breach or violation of the covenants, conditions, or restrictions herein
contained, any delay or omission on the part of the Declarant or Owners in exercising any rights,
powers, or remedies herein provided shall not be construed as a waiver thereof or acquiescence
therein. No right of action can be brought or maintained by anyone whatsoever against the
DecIaIant, Arehí1ecturaJ Control Committee, or Owners for faijure to bring any action due to
breach or enforcement of these covenants, conditions, and restrictions.
These covenants, conditions, and restrictions are cumulative, and all remedies herein
pIovided are in addition to any rights and remedies provided by local or state laws, and shaU not
be in lieu thereof.
Invalidation of any provision, sentence, or paragraph contained in these Covenants,
Conditions and Restrictions by Judgment Of Court Order shall not invalidate or affect any of the
remaining provisions, and the same shall remain in full force and effect
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ARTICLE ill
ENJOYMENT OF COMMON AREAS
3.1 COMMON AREAS. Declarant has previously established common areas in The
Traditions Subdivision; the use, control and maintenance of said common areas to be as follows:
Lot 17 Block 6 is Imown as the well site I park area and is a non-buildable lot. Lot
1 Block I, Lot I Block 3, Lots I Block 4, Lot 1 Block 5, Lot I Block 6, Lot 20
Block 6, Lot 25 Block 2, Lot I Block 7, are owned and mainlBined by The
Traditions Homeowners Association, and may not dissolved Without the express
consent of Boise City.
3.2 OWNER'S EASEMENT OF EN10YMENT. Every Owner shall have the right and
easement of enjoyment in and 10 the Common Areas and Common Facilities that shall be
appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
3.2-1 The Association shall have the right to suspend the voting rights and right to
use the Common Areas by an Owner for any period during which any assessment against
his Lot remains Wlpaid, and for a period not to exceed sixty (60) days for any inftaction
of its published rules and regulations; and
3.2-2 The Association shall have the right 10 dedicate or transfer all or any part of
the Common areas to any public agency, authority or utility for such purposes and subject
to such conditions as may be agreed to by the members. No such dedication or transfer
shall be effective unJess an instrument agreeing to such dedication or 1ransfer has been
approved by sixty-seven percent (67%) of Class A members.
3.2-3 The landscaping and design witlùn the landscaped easement on Lot 1 Block
I, Lot I Block 3, Lots 1 Block 4 Lot I Block 5. Lot I Block 6, Lot 17 Block 6, Lot 20 Block 6,
Lot 25 Block 2, shall be maintained by the Homeowners Association.
3.3 DELEGATION OF USE: Any owner may delegate his right to enjoyment of the
Common areas and fiwilities to the members of his family; his tenants or contract purchasers of
his Lot, provided such designees reside on the property.
3.4 MAINTENANCE: The Association shall provide for pe¡petuaI maintenance, repair
and replacement of all Common areas and to improvements thereon, located Within the project
and identified as Common areas.
3.5 RESERVED EASEMENTS ON COMMON AREAS. Notwithstanding anything to
the contrary contained in this Declaration, tlIe Declarant expressly reserves W1to:
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(A) The Declarant, its successors, and assigns (including any district or other
entity providing water, sewer, gas, oil, electricity, telephone, cable television, or other
similar services). easements on, over, under and IICTOSS all or part of the Conunon area,
for installation, use, maintenance and repair of all lines, wires, pipes, and all other things
necessary for all such services, provided that any such lines, wires or pipes shall be
underground, and further provided all work done in connection therewith shall be
performed with reasonable care, and the surface of said easement area shall be restored to
the level and condition that existed prior to such work; and
(B) The Declanmt, its employees, agents, representative contractors and their
employees, the right to use the Conunon area, where applicable, to facilitate and complete
the development of the property, including but not limited to:
(1) Construction, excavation, grading, landscaping, parking and/or
storage;
(2) The maintenance and operation of a sales office and model units
for sales purposes;
(3) The display of signs to aid in the sale of any unsold Lots, units, and
all or part of the project.
3.6 COMMON AREA TITLE AND IMPROVEMENTS: the Declarant shall convey The
Common areas 10 the Association within ninety (90) days of the conveyance of the first Lot in the
project. Notwithstanding such conveyance, Declarant shall have the right of contimùng access to
the Common Areas to complete such improvements thereon.
ARTICLE IV
STREET RESERVATION
Declarant further reserves to itself, its licensees, successors and assigns, the right and
power 10 locate new, or to vacate and relocate any existing street or easement herein platted, as
long as the Declaratlt owns each of the parcels which are adjacent to such street or easement.
Provided that an adequate roadway in place of any vacated as may be reqwred for ingress Dr
egress by adjacent lots. Vacations and relocation's of easements, rights-of-way and streets
allowed hereunder shall be made in accordance with the mininlum standards of the State of
Idaho, Ada County, and City of Boise, and such laws, ordinances and regulations rela1ing to
platting in effect at the time of the vacation or relocation. Owner waives any right that he may
have by stature or othe1wise to object to any vacations, ",location's and dedi""tions effected by
Declarant in accordance with the provisions cfthis Section.
DECIAMTION Of COVENANTS. CONDITIONS AND RESOOCßONS FOR THE TRADITIONS SUBDIVISION - PAGE S
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ARTICLE V
ARCHITECTURAL CONTROL COMMITTEE
In order to protect the quality and value of all homes built in The Traditions Subdivision
and for the continued protection of the owners, an Architectural Control Committee and
Subcommittee shaH be established as hereinafter provided:
5.1 Architectural Control Committee: The Architectunil Control Committee (herein sometimes
referred to as the "Committee") shall initially be composed of, Joseph W. Amyx, Todd M. Amyx, and
Charlie Amyx, and their successors. They sball serve for the time and on the condition as the Declarant, io
its sole discretion, shall prescribe. Declarant reserves the right to appoint successor members at any time.
The Architectural Control Committee will exercise all of the powers of the Architectural Control
Committee set forth in these covenants as they apply to the construction of new improvements in the
subdivision. The Committee will establish a date and meet in a regular monthly meeting. Plans must be
submitted to the Committee three days prior to the set date, and funnal written notice of the Committee's
decision will be returned to tlte homeowner within len days.
5.2 Architectural Con1rol Subcommittee: Declarant shall appoint ftom The Traditions
Homeowners Association three (3) members to an Arohitectura1 Control Subcommittee, whose
responsibilities shall be to enforce, control and review, for approval and non-approval, all areas
encompassed by the res1rictive COVelllUlU¡ not related to new cons1rUCtion. Said Subcommittee
and their successors shall serve for the time and on conditions as the Declarant, in its sole
discretion, shall prescribe. Upon the sale of the last Lot of the last Phase in said Subdivision, the
Subcommittee will take over all duties of the Architectural Conúol Committee, and its members
will then be appointed by the Board of Directors of The TraditiollS Homeowners AssociatiolL
Owner specifically agrees with Declarant 'that such Committees, its members, and the
Declarant shall incur no liability for any omission or act by any of said above-named parties
under these Restrictions. In the event of death or resignation of a member, the remaining two
members shall have full authority to act, and within a reasonable time after the occurrence of
such vacancy, the Declarant shall appoint a replacement.
Declarant reserves the right to construct residences and other improvements upon any
residential lot building site in said subdivision, and to offer said lots, with or without the
completed structures there()Ð, for sale to individual owners.
ARTICLE VI
APPROVAL OF PLANS
Plans of all buildings, alterations, fences and play equipment (over 8 feet) to be erected
on any building site embraced in the plat must be submitted to. the Architectural Control
Committee. Complete plans. specifications, and fees ($25.00 to cover cost and expenses of
review) shall be submitted to the Committee before the start of any construction or alterations on
all pennanent proposed buildings, alterations, and structures, together with a detailed plan
showing 'the location of the building on the site. Such construction or alteration shall not be
commenced until the Committee gives written approval.
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No plan shall be deemed approved by the committee or subcommittee unless it has
approval in writing and executed by at least two members of the committee. The committee or
subcommittee hIlS 15 working days ftom submittal of plans to approve or decline the plans. The
Committee Dr Declarant, however, will not be responsible for application of local or state
building codes, or for structural fitness.
Owner agrees that the actions of the Committee shall be wholly discretionary and shall be
binding upon Owner whether exercised Dr not.
As to all improvements, construction and alterations upon any building site, the
Committee shall have the right to withhold approval for the improvements, construction or
alterations wlrich, in its sole discretion, are not suitable or desÎtable for any reason, aesthetic or
otherwise. In so passing on such design, the Committee shall have the privilege in the exercise
of its discretion to take into consideration the suitabìlìty of the proposed building or other
s1ructUl'e, the materials and exterior color scheme in relation to the site upon which it's proposed
to be erected. The Committee may also consider whether the proposed structure and design shal]
be in bannony with the surroundings. The effect of the buiJding, structure, or alterations as
planned when viewed ftom the adjacent or neighboring property, the effect Dr impairment said
structure will have on the view of surrounding building sites, and the desirability of such
proposed structure, improvements or a]temtions will be consideæd. Actual construction shall
comply substantially with the plans and specifications as approved.
ARTICLE VII
BUILDING RESTRICTIONS
7.1 BUll-DING SITE. A building site shall consist of at least the following: (1) One lot
as platted on said plat. (2) A parcel comprised of one or more such residential lots. (3) A
portions thereof, the depth and frontage of wlrich shall be similar to or exceed the depth and
frontage of residential lots lIS platted in the same block or innnediate vicinity, and further
provided the split meets aU laws of planning and zoning for any governmental agency with
jurisdiction. Declarant reserves the right to adjust said lot or Jot lines so long as it is not in
violation of applicable county or city regulations, and in accordance with the tenus and
conditions of this Declaration and the purposes contained therein.
7.2 BUILDING RESTRICTIONS. All lots and improvements thereon within said
Subdivision, except those parcels identified lIS Common Areas, shall be used exclusively for
single family residential living purposes, unless otherwise specified on a recorded plat or in a
supplemental declaration covering a lot within said Subdivision.
7.2 (A) Single Familv Dwellinl!:. A lot shall be improved with a dwelling OJ
residential structure designed to accommodate no more than one smgIe family and
occasional guests as is customary for a single family residence. All residence shall be
constructed in accordance with the provisions of these covenants and have the approval of
the Architectural Control Committee. No building or structure shall be moved onto said
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real property from any land outside said plat.
7.2 (B) OutbuiIdin!! and Imorovements: All outbuilding improvements as referred to
herein shall include, but not be limited to, storage sheds, play houses, and play equipment
with walls and a roof, and said outbuilding. Improvements shall be of the same material,
siding, and roofmg as the home located on said lot. A height linút not to exceed eight
feet will pertain to all such structures unless a variance, in writing, is issued to the Owner
by the Architectural Control Committee. Metal outbuildings are prohibited. No
outbuildings shall be located within 20 feet of the park, enttyways, or common areas. AIJ
structure or above-ground improvements shall be located within a reasonable compact
area adjacent to the principal s1rocture, and designed as a single visual element connected
or related visually with the principal structure by fencing or other architectural features.
A detailed plan showing elevations, measurements, materials, WId a plot plan must be
submitted to the Architectural Control Committee for approval prior to tbe start of
construction.
7.2 (C) Basketball Standards: No basketball standard shall be situated upon a lot
except upon approval of the Committee as provided in these covenants. No basketball
backboard shall be attached to any residence or outbuilding. A maximum height limit of
ten feet will perl8in to all such improvements. AI! stands must be permanent, portable
standards will not be allowed. The Standards must have a clear backboard and a sleeved
base. A detailed plan showing elevations, measurements, materials, and a plot plan must
be submitted to the Architectural Control Committee for approval prior to the start of
constrnction. All stands must be used in a mim!ler that is not annoying, abusive,
potentially dangerous or damaging to any surrounding property. The Architectural
Control Committee has authority to revoke the use of a standard if it is not used in an
appropriate manner.
7.2 (D) Hei~ht: No dwelling, residential structure, or above-ground improvements
shall rise more than two stories fium the ground level unless approved by the
Architectural Control Committee.
7.2 (E) AtJ1)roval by Architectural Control Committee: No house, garage,
outbuildings, fence or other improvements which will be visible above the ground or
which will uJômately affect the visibility of any above ground improvement shall be built,
erected, placed or materially altered on the property. This includes without limitation,
change of exterior colors or materials, unless and until the building or other plans,
specifications, and plot plan have been reviewed in advanced by the Architectural Con1rol
Committee, and have been approved by the Committee. The review and approval or
disapproval may be based upon the following factors: design and s1yle elements, mass
and form, value, topography, setbacks, exterior color and materials, physical or artistic
confonmty to the temin and other residences in the area, which the Architectural Con1rol
Committee, ÌD its discretion, deems relevant. Said requirements as to the approval of the
architectural design shall apply only to the exterior appearance of the improvements.
This Declaration is not intended to serve as authority for the Architectural Control
Committee to control the interior layout or design of buildings except to the extent
DE<L<IlATlON OF CDVENAN'I'S. CONDITIONS AND RESTRICTIONS fOR THJ; TRADITIONS SUBDIVISION - PAGe 3
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incidentally necessitated by use and size requirements.
1.3 BUILDING LOCATION. Unless specifically approved in writing by the
Architectural Control Committee, 110 dwelling house, garage.or improvements (excluding fences
and sioúlar structures) shall be placed nearer than twenty (20) feet to the &ont or thirty (30) feet
to the rear of tile building site on which it is located.
No building foundation or wall shal1 be erected nearer than ten (10) feet to any side
building site-line, and upon comer lots all buildings shall be at least twenty (20) feet &om the
side street line. This provisions shall also epp1y to garages or other buildings located on the rear
quarter of any lot. For the purpose of this covenant, eaves, sewer, steps, chimneys, gutters and
open porches shall not be considered as a part of the building; provided, however, this shall not
be construed to permit any portion of a building on any site to encroach upon any other site.
Where it is architecturally possible, it is recommended that all garages be incorporated in and
made a part of the dwelling house.
7.4 BUILDING TYPE. All buildù1gs shall be of frame, stone, brick, concrete or block
construction and, if other than brick or stone, shall be foúshed, painted, and kept in good repair.
1.5 TEMPORARY STRUCTURES. No structure of a temporary character, tr811er,
basement, tent, shack, garage, barn or other outbuilding shall he erected or placed on any lot
within said subdivision, either temporarily or permanently, except for construction and/or sales
offices. The size, character and design of any consttuction (sales office) must be approved by the
An;hitectUrlll Control ComnUttee and may be placed upon a lot within said subdivision dming
the period the Declarant or his authorized agent is selling building sites in the subdivision, or any
adjacent properties or subdivisions.
7.6 PROSECUTION OF CONSTRUCTION WORK: The conslruction of a dweUing house and
lelated slructun:s shaU be prosecuted diligently, continuously and without delays from time of
commencement thereof until such dwelling house and structure are fully completed and painted. All
structuJes shall be completed as to external appearance, including finished painting, sod and landscaping,
wilhia eight (8) months from the date of commOllcemenl of construction unless prevented by causes
beyond the control of the Owner, and only for such time that such canse continues. Failure 10 cOtllplete
any altemtions, which have been approved within an eight-month time, will automatically revoke 1I1e
approval of!he proposed change. Upon the demand by !he Committee, such property shall be restored as
close to its slate prior to any work in conoection with the proposed slteration. The Committee and its dlJly
appointed agents may enter such property being altered to determine the status and conformity of the
changes being made. The Committee shsll have the right and authority to lecord a notice to show that any
particular alteration or change has not been approved or that any approval previously given has been
revoked.
During the time of construction, the construction site is to be kept clean of all garbage,
refuse, and debris. Proper maintenance of the construction site also includes control of weeds.
Should the Grantor determine that a COnstruction site is not being properly maintained, the
Declarant reservcs the right 10 conduct the necessary maintenance work and to bill the Owner
appropriately.
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7.7 WELLS AND WATER SYSTEM: Each dwelling unit shall be connected to the water
system of United Water of Idaho or its successorn and assigns, or such other corporation
providing municipal water and installed in said subdivision. Owner shall be responsible for the
hook-up fees, cost, charges and assessments relating thereto, and Declarant may recover ftom
Owner or his successors, heirs and assigns, funds advanced to pay for construction costs of the
domestic water service system to Owner's lot.
7.8 OIL AND MINING OPERATIONS: No portion of the property or any lot shall be
used for the purpose of mining, quanying, drilling, boring or exploring for or removing water,
oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel, earth or stream. No derrick or
other structure designed for use in boring for oil or natural gas or otherwise shall be erected,
maintained or pemùtted upon the property.
7.9 SEWAGE DISPOSAL: No individual sewage disposal system shall be pemùtted on
any residential lot or pan:el in said subdivision. All sewage and disposal shall be through an
undergrmmd collection system approved by and constructed to the standards of State and local
health authorities, and the City of Boise. All lots shall be subject to and res1ricted by the
following:
7.9 (A) The Boise City Sewer District shall collect sewage effluent from the
subdivision. Owner / Owners shall be responsible for the hookup fees, costs, charges and
assessments.
7.9 (B) A monthly sewer charge must be paid by the Owner after connecting to the
Boise City public sewer system, according to the ordinances and laws of Boise City;
7.9 (C) Owner shall submit to inspection by either the Department of Public Works
or the Department of Building whenever a lot is to be cOlU1ected ID the City's sewer
system and the building is constructed and sewer installed.
7.9 (D) Declarant and Owners shall vest in Boise City the right and power to bring all
actions against any Owner of a lot for the collection of any charges herein required and to
enforce the conditions herein stated. This covenant shall run with the land.
7.10 BATHROOM. SINK AND TOILET CONVENŒNCES: AU bathroom, sink, and
lDilet facilities shall be connected by underground pipes to the collection system lines of the
Boise City Sewer Dis1rict systems or Boise Sewer Dis1rict systems successors, assigns, such
other çorporation, association or company which may be legally qualilled to operate and maintain
such sewage collection system lines for the Subdivision.
7.11 REFUSE DISPOSAL. STORAGE OF MATERIALS: No machinery, non-operating
vehicles, appliances, or unsightly material may be stored upon the real property, nor shall trash,
garbage, ashes or other refuse be thrown, dumped, burned or otherwise disposed of upon the real
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property. No building materials of any kind shall be placed or stored upon a building site until
the Owner is ready to commence construction, and then such materials shall be placed within the
property line of the building site upon which the structure is to be erected. The Declarant shall
have the right to enter upon any vacant building site for the purpose of burning or 1'e111oving
weeds, brush, growth, or refuse at the expense of the Owner, which expense shall be collected as
a delinquent assessment provided for in Article XI. Owners shall keep each job site clean of
excess debris at all times.
7.12 FENCES AND HEDGES: No fence, hedge or boundlU'y wall situated upon a
building site shall be cons1nlcted except upon approval of the Architectural Control Conunittee
as provided in these covenants. Chain-link fences are hereby prohibited on any lot except where
required. by the Declarant or a public agency to secure utility sites, irrigation or drainage facilities
or other public use as deemed necessary, or when required to secure and screen the recreation
facilities. All other fences shall be subject to the following criteria, based upon the location of
the residential parcel:
7.12 (A) All fences which are placed on any residential parcel shall be of "grape-
stake" construction or of a design variance approved in writing by the Architectural
Control Committee. No fence shall be constructed so as to extend toward the front of the
lot past the front plane crf the dwelling structure constructed thereon, unless the
Architectural Control Committee issues a variance. Special restrictions may be imposed
by the Architectural Control Committee on proposed fences that in the opinion and
discretion of the ArchitectllI'a! Control Committee may be detrimental to the overall
objectives and appearance of the project or neighborhood.
7.12 (B) No fences or hedges situated anywhere upon any building site shall have a
height greater than six (6) feet above the finished graded surface of the ground upon
which the fence or hedge is situate.
7.12 (C) Silzht Obstruction: No fence, hedge or shrub planting which obstructs sight
lines at elevations between three (3) and eight (8) feet above the roadways shall be placed
or permitted to remain on any comer lot. This is detennined by the triangular area formed
by the street property lines and a line connecting them at points twenty-five (25) feet from
the intersection of the street lines, or in the case of a rounded property corner from the
s1Ieet property lines extended. The same sight line limitations shall apply on any lot
within ten (10) feet from the intersection of a street property line with the edge of a
driveway or alley pavement. No tree shall be permitted to remain within such distances
of such intersections unless the foliage line is maintained at a sufficient height to prevent
obstruction of such sight lines.
7.12 (D) 8Dite fences: The construction or maintenance of a spite fence or spite tree
shall be prohibited upon any building site. The determination by the Declarant or the
Architectural Control Committee that any wall, fence, hedge or tree falls within the latter
categOX}' shall be concl usive for all parties.
7.13 BUSINESS USE. No business shall be conducted on the properties that cannot be
conducted within the residence of the Owner. A11y business conducted within residences in this
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Subdivision must be approved by the Arobitectural Control Committee, must comply with City
Ordinances, and requires a conditional use pennit. No signs shall be installed to advertise said
business.
7.14 BILLBOARDS AND SIGNS: No sign of any kind shaJl be displayed to the public
view on any Lot except one sign of not more than five (5) square feet in size advertising the
property for sale. Or signs used by a builder to advertise the property during the construction and
sales period. No ~For Rent" signs will be pelIlJitled. The association may maintain subdivision
identification signs, and appropriate infonnational signs upon the Common Areas of a size and
design approved by the Architectural Control Committee. No other signs shall be placed or
maintained on the Common Areas, except those of the Declarant for the purpose of marketing the
project during the construction and sales process. Nothing herein contained shall prohibit tile
Declarant from using signs to advertise the development and sale of homes in the development.
7.15 RESTRICTION AGAINST USE DETRIMENTAL TO NEIGHBORHOOD:
Nothing of an offensive, dangerous, odorous, or noisy endeavor shall be conducted or carried on,
nor shall anything be done or permitted in said Subdivision which may be or become an
annoyance or nuisance to the other property owners in said Subdivision. Without limiting the
generality of the foregoing, no firearms shal1 be discharged upon the property, and no open fires
shall be lighted or permitted on the property eKccpt on a self- contained barbecue unit while
attended and in use for cooking purposes, or within a safe and well-designed interior fireplace.
Declarant and the Architectural Control Committee in its sole discretion may determine whether
any use violates the provisions of these covenants, aes1hetic or otbernrise, including the failure to
maintain the property.
7.16 UTIUTIES AND I.!TD.JTY EASEMENTS:
7.16 (A) TeJeDhone and Electric Service: underground electrical and telephone lines
shall serve all lots. The services shall be installed in road or easement rights-of-way as
platted. Each Owner agrees at his sole expense to pay for costs and hook up charges as
established by the Idaho Power Compaoy, and U.S. West Communications and their
successors for telephone and power facilities. Declarant shall not be liable for the costs
thereof, but may recover any funds advanced to obtain preliminary installation.
7.16 (B) UtilitY Easement: The Declarant reserves such easements as shown and
noted on said plat. Easements fur the pwpose of constructing water mains, drainage
ponds, drainage ditches, electric distribution lines, sewer lines, gas pipelines, and such
other public utilities as shaJl be necessary and desirable for the Owners of said lots.
The easement area of each lot and all improvements in it shall be maintained
continuously by the Owner of the lot, eKcept for those improvements for which a public
authority or utility company is responsible. 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 the flow of water through drainage channels in the easements.
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7.16 (C) sundin!! Connection Easement: Idaho Power Company and U.S. West
Commwùcations, their licensees, suooessors and assigns, are hereby granted a permanent
and peq¡etual easement and right-of-way. The perpellla! easement and right-of-way shall
be sufficient in width to install and maintein an underground electric power line or
telephone line, including the peIpetuaJ right to enter upon' the real eslate hereinafter
descn"bed, at all reasonable times, to construct, maintain and repair undergrouod lines,
This easement allows the utility companies to go through, under and across said land.
together with the right to excavate and refill ditches and trenches for the location of said
power lines. They have a further right to remove trees, bushes, sod, flowers, shrubbery,
and other obstructions and improvements interfering with the location, construction and
maintenance of said lines on and across the follow-described real property situated in Ada
County, State of Idaho, to-wit:
Commencing on a strip of land located in The Traditions Subdivision, and
running from the street right-of-way or utility easements as shown on the plat
to a point on said boundary line for each lot which is directly opposite nom
the electrical service entrance faci jties for each building; thence running
directly from said point on the boundmy line to the electrical service en1J'ance
facilities on the building. The easement shall be five (5) feet ill width, and one
on each building site. The pUlpose of this easement is to allow the utilities to
connect to each residence or building from their main lines located in the
easements on the boundary lines.
The electrical system generally will consist of buried power wires, transformers, junction
boxes, telephone lines, and other equipment, part of which may extend above ground, and
are necessBIy to provide electric power or telephone services to these premises.
7.17 OWNERSHIP AND MAJNTENANCE OF DRAINAGE FACILITŒS: The
Association is obligated to 1I18Ùltain the common areas, and the drainage facilities located
therein. It is hereby provided that Ada County Highway District ("ACHD") may elect to
maintain any part of the facility in the common area should the Association fail to maintain the
same. ACHD is hereby granted an irrevocable license and easement to enter upon any portion of
the common area to perfonn such inspection and maintenance of the drainage facilities.
7.18 ANNEXATION TO BOISE CITY: The recording of the plat fO1 any phase of The
Traditions Subdivisions by Declarant or its successors and assigns shall be deemed and construed
as a request for the annexation of its property to the corporate limits of Boise City. Such requests
and consents shall be binding on all subsequent Owners of the property.
7.19 GENERAL BUILDING COVENANTS:
7.19 (A) Maintenance of PrODerty: All property within the Subdivision and all
improvements on any such property shall be kept and maintained by the owner thereof in
a clean, safe, attractive, and sightly condition, and in good repair.
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7.19 (B) UosÍJlbtÜnes..lBoaæ. CulDers. Etc.): No UDsightliness shall be permitted on""y lot
or ~ommon ~a. Wi1llout limi1lng the generality of 1IIe foregoing, all unsightly facilities,
eqwpmcmt, objec1s or slrUctures shall be enclosed within approved structures, or appropriately
screened nom view. Trailers, mobile homes, boats, tractors, trucks, campers, snow removal
equipmcmt, golf earls, garden or maintenance equipment, and vehicles other than automobiles shall
at all times, except when in actual use, be kept in an enelosed struclure or sereened ftom view.
Refuse, garbage and 1Iash shall be kept at all times in covered reasonabJy noiseless containers,
which shall be kept wi1llín an enclosed structure or appropriately screened, ftom view. Service
areas, storage piles, compost piles, and facilities for hanging, dl)'Íllg or airing clothing or
household fabrics shall be appropriately sereened âom view. No fumber, grass, shrubs OJ tree
clippings, scraps, refuse, or !rash shall be kept, stored, or allowed to accumulate on any Jot or
conunon area.
No working or colllIDClCial vehicle of one ton or greater; recreational vehicle, trailer
or boat, or motor home shall regularly or as a matter of practice be parked upon any
building site or on the street adjacent thereto, unless properly garaged. No vehicles with a
"for sale" sign shall be parked on any lot or adjacent street,
7.19 (C) Ullhts: No light shall be emitted ftom any lot within the subdivision or!Ì'om
common areas, which is unreasonably bright or causes llllreasonable glare.
7.19 (D)~: No animals, livestock or poulby of any kind shall be raised, bred
or kept on any Lot except dogs, cats, or other household pets; provided, however, such
dogs, cats, or other household pets shall not be kept, bred, or maintained for any
conunercial purpOlie. An individual household shaH keep no more than a total oftbree (3)
dogs, cats or other household pets, and no domesticated animals shall be kept whicb
umeasonably bother or constitute a nuisance to other Owners of other lots. Any such
household pets shall be kept on leashes at all times they are within the subdivision and
outside the boundaries of 1he pet owner's lot. Pet owners shaH be responsible for the
removal of all animal droppings of their pet within the subdivision. It shall be the
obligation of each Owner to control their pet/pet's in accordance with the rules and
regulations of the Association.
7.19 (E) Kennels: No kennel shall be situated upon a building site except upon
approval of the Architectural Con1ro1 Committee as provided in these covenants. A
detailed plan showing elev;rtions, measurements, materials and a plot plan must be
submitted to the Architectural Conttol Committee for approval prior to construction.
In the event an Owner constructs or maintains a kennel upon his Lot, such kennel
shall:
(I) Be screened &:om view so as not to be visible from the Common area
or adjacent lots; it shall not be located within twenty (20) feet of common area
lot lines;
(2) Be located on 1he lot in a IDllDner to avoid any endangerment or
nuisance to adjacent lot owners, and be located behind the &:ont plane of the
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dwelling structure and no closer than ten (10) feet to any building property
line;
(3) Be kept in a clean and odor-fTee manner.
7.19 (F) Exterior Antennas: No outside television antennas, radio aerials, or similBf
devices or structures shall be installed on any lot or the exteñor or any structure located
theæon.
7.19 (G) Satellite Dishes: Satellite disbes (20) inches or over in diameter are subject
to approval by the Architectural Control Committee and satellite dishes (19) inches and
under shall not be visible &om any streets bordering the property
7.19 (H) Mailbox Post: the Architectural Con1rol Committee shall of a specific
design and style designate Mailbox posts.
ARTICLE vm
PRESSURIZED IRRIGATION SYSTEM
Settler's Irrigation District provides pressurized irrigation water ftom existing surface
water rights to the properties. This system shall supply irrigation water on an as needed basis to
each individual Lot. An easements required to provide access for mall¡tenance and repair of the
irrigation system, canals, and ditches, lire designated on the final plat of The Traditions
Subdivision, and all prior and subsequent phases of The Traditiom Subdivisions. The Declarant
assumes no responsibility for providing water for irrigation or lawn sprinkling except through the
domestic water system installed. Cross-connections or tie-ins of any sort between the irrigation
system and the domestic water supply is strictly prohibited, unless inspected and approved by
Boise City Plumbing and certified on an annual basis to the water purveyor, to insure non-
contamination of the domestic water supply. All costs inCUlTCd are !he responsibility of the lot
owner.
The operation and maintenance of the irrigation system will be the responsibility of The
TraðitiollS Homoowners Association, Inc. At sucll time as the Association takes control or the system, the
Declarant retains the right to tap into or modlfÿ the system at Declll1'llDt's expense. An 8nDiW water bi1Ung
for delivery of the water will be made by the Settler's Irrigation District to the Association. In order to
guarantee delivery of water for the iITigation system, the Association shall pay the annual fees for the entire
subdivision and then assess each individual lot owner. This assessment shall follow the terms and
conditions set forth in Article XI Covenant for Assessments. The assessment will be at a unifunn mte for
all lets, and each owner is responsible fur the assessed fee, regardless of the use ofthe water.
The Declarant or the Directors of the Homeowners Association shall have tbe right to dedicate or
transfer all or any part of the opemtion, maintenance. or repairs for the iITigmion system to any public
agency. authority, or utility.
The Homeowners Association shall be responsible to assist other water users oflbe Snyder_Dumber
S in keeping the lateral clean and in good repair from the pumping station loceled on Lot 17 in Block 6 of
The Traditions Subdivision to Five Mile Road.
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It has been the custom in the area of this subdivision for landowners to keep the water together and
rotate ils use. Each 101 owner in The Traditions Subdivision shall have rigbm to approximately .36
minrs' incbes of water- Keeping aD the water in one head and roœtiog ils use is herein adopted as the best
means for using the water aUocated for The Traditions Subdivisian. The DecIIU'BllI or Directors Gfthe
Homeowner's Associalion shall have Ibe righl to "",end this section to comply with existing and future
codes and requirements of Boise City.
The pumping system installed is designed for a rotation of use and is not intended to
provide capacity for all lots to use water at the same time. The Association officers will work out
the rotation systems. If the operation, maintenrmce, or repairs for the irrigation system are
transferred to any public agency, authority or utility, that authority shall be responsible for the
rotation system.
WATER FROM THE IRRIGATION WATER SYSTEM IS NOT DRINKABLE; EACH
LOT OWNER SHALL BE RESPONSmLE TO ENSURE THAT IRRIGATION WATER
WITHIN THE BOUNDARIES OF HlSlBERfI'HEm LOT IS NOT CONSUMED BY ANY
PERSON OR USED FOR CULINARY PURPOSES.
ARTICLE IX
DECLARATION OF
SOLAR COVENANTS. CONDITIONS AND RESTRICTIONS
In recognition of the requirements of Boise City Code and of the economic and
environmental benefits of solar energy use, lI1e Declarant desires to provide for the preservation
of solar access in the subdivision. The end desires to impose, in the form of covenants,
conditions and restrictions running with the land, a general scheme of solar access protection.
Upon the ownership, 115e, and occupation of all lots therein which shall be binding on all parties
having any right, title or interest in the properties, or any part thereof, their heirs, successors and
assigns, and sball inure to the benefit of each owner thereof.
9.1 SOLAR ACCESS DEFlNmONS: Unless the context clearly requires otherwise, the
following terms used in this Article lX, Section 2, Solar Access Conditions and Restrictions shall
apply tbroughout this Article.
A. Exempt Tree. Any preexisting vegetation as defined in Article IX, Section C, or
any vegetation included in the list of solar friendly vegetation kept by the City of Boise Public
Works Department and the Community Planning and Development Departments.
B. Front Lot Line. The line represented by the connection of the most distant
corners of a lot, including £lag lots, where said comers are in common. with the boundary of a
public or private road. For comer lots, the 1ÌOnt lot line is designated on the plat.
C. North Slope. The gradient, in percent slope, from the avemge finished grade of
the ftont lot line of the shade restricted lot to the average finished grade of the solar lot line of a
solar lot. The slope must be downward or decreasing in elevation 1ÌOm south to north.
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D. Restricted Vegetation: A tree or other vegetation which is either evergreen. or if
deciduous, tends to retain its IcllYes late in the fall and/or drop them late in the spring. Or a tree
that has a dense branching pattern that generally tends to block a high level of the sun's rays
during the heating season. Refer to the list of "solar fiiendly" 1rees on file with the Boise City
Public Worb Deparbnent and the Community Planning and Development Department.
E. Shade. That portion of the shadow cast by the shade point of a sttucture or
vegetation which exceeds the 11.5 foot fence at the solar lot line at solar noon, January 21".
F. Shade Point. That part of a structure, tree or object on a shade restricted lot that
casts the longest shadow. The longest shadow is determined by (the most northerly shadow)
when the SWl is due south on January 21" at an altitude of twenty-six (26) degrees above the
horizon, except a shadow caused by a narrow object such as a chimney, antellDa, utility pole,
wire, etc.
G- Shade Point Height: The vertical distance or height measuœd mm the aveœge
elevation at the solar lot line to the sbade point. If the shade point is located at the north end of a
ridge line of a structure oriented within 45 degrees of a geodetic north-south line, the shade point
height computed according to the preceding sentence may be reduced by 3 feet. If a s1ructure has
a roof oriented within 45 degrees of a geodetic east-west line with a pitch that is flatter than 6
feet (vertical) in 12 feet (horizontal), the shade point will be the eave of the roof. If such roof has
a pitDh that is 6 feet in 12 feet or steeper, the shade point will be the peak of the roof.
H. Shade Restricted Lot. Any lot within the subdivision that is southerly of and
adjaçent to a solar lot. These lots have some restriction of vegetation types and structure height.
I. Solar Friendly Vegetation: A tree or other vegetation which is included on the
solar ftiendly vegetation list of the City of Boise Public Works Department and the Community
Planning and Development Departments.
J. Solar Lot. A lot so designated on the recorded plat of The Traditions Subdivision
which has the following characteristics:
I. The front lot line is oriented within thirty (30) degrees of a geodetic east/west
bearing.
2. The lot to the immediate south has II North Slope of ten (10) percent or less;
3. Is intended for the construction of an above gfO1md Inhabited structure.
K. Solar Løt LiDe. The most southerly boundary of a solar lot: the line created by
connecting the most distant southerly comers of the solar lot.
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L. Solar Setbacks: The minimum distance, measured perpendicular in a southerly
direction, from the center of the solar lot line to the shade point of Ii structure or to restricted
vegetation based upon its height at maturity on the shade restricted lot.
9.2 SOLAR ACCESS COVENANTS CONDmONS AND RESTRICTIONS;
A. Shade Restrictions: Each lot within the subdivision that is classified, as a Shade
Restricted Lot shall have the following restrictions. Any structure or restricted vegetation (solar
WIftiendly) cannot cast a shadow highex than an Íl!lagiwny funce 11.5 feet above the solar lot
line, on solar noon of ¡ anwny 21" when the sun is at an angle of 26 degrees above the horizon.
This SIJI\ angle at noon on January 21" causes structures, vegetation, and other objects to cast a
shadow twice as long as their height. The height of the shade point of a structure on the shade
restricted lot is limited to 19 feet at the IS foot rear yard zoning setback in order that the
11.5 fóot high "solar fence" at the north property line of the Shade Restricted Lot is not
exceeded. These standards assure that a Structure b1Ù!t to the 15 foot rear yard zoning setback, on
the Solar Lot located to the north, will not be shaded more than 4 feet above grade on its south
wall on January 21" at solar noon.
B. Pre-Existinll VcJret.ation: Restricted vegetation (solar unfriendly), which existed
when the subdivision was platted is exempt from the provisions of these covenants, conditions
and restrictions. Any lot that would be shaded beyond the allowed shade limit by such vegetation
shall not be classified as a Solar Lot.
c. SlaDe ~tion: Any lot with an average finished grade along the north-south lot
dimension greater than ten (10) percent shall be exempt oom 1he terms and conditions of these
covenants. conditions and restrictions.
D. Solar Setbacks: Each separate structure and item of restricted vegetation shall
have a solar setback dependent on and calculated by its shade point height. All shade restricted
lots shall have the following solar setbacks: Solar Setback (in feet) = (Shade Point Height (in
feet) - 11.5') x 2. Table I below shows a few examples of solar setbacks for given shade point
heights.
TABLE I
SOLAR SETBACKS REOUIRED FOR A GIVEN SHADE POINT HEIGHT
Shade Point
He¡Ilht
Solar
Se~
10'
IS'
20'
25'
0'
7'
17'
27'
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30' 37'
E. Solar Friendlv Vel!etation: Certain vegetation is considered "solar fuendly" and is
not restricted in regards to location on individual lots. Such vegetation is deciduous, dropping its
leaves during early full and regaining them during late spring. Such vegetation also has sparse
branching which allows a high leve! of sunlight to penetrate through. This growth cycle
produces shading during summer but allows sun to penetrate during winter. The Boise City
Public Works Department and the Community Planning and Development Department maintain
a list of acceptable solar fuendly trees.
9.3 SOLAR ACCESS RIGHTS DUTIES AND RESPONSmILITIES:
A. Solar Access Rillhts: The owner(s) of solar lots shall have a right to unobstructed
solar access in accordance with these covenants, conditions, and restrictions.
B. Solar Access Duties: The owner(s) of any Jot shall not build, inslaU, or otherwise
allow a s1xucture or non solar ñiendJy tree on that lot to cast more shade at their solar lot line
than pennitted under these solar access covenants, conditions and restrictions.
9.4 MISCELLANEOUS:
A. Enforcement and Non-Waiver: Any lot owner, whether or not directly affected,
shall have the right to enforce, by any JIlO.ceeding at law or in equity, any violation or threatened
violation of a provision of this Article IX. The failure of any person to enforce any covenant or
restricûon contained in Article IX shall be deemed a waiver of the rights granted herein, unless
suit is instituted prior to the completion of construction or installation of the alleged violating
improvement or dwelling. Waiver of one breach does not constitute waiver of any other breach.
Declarant SSSllD1eS no obligation or duty whatsoever to enforee, monitor, or insure compliance
with the teJIJ'lS, conditions and restrictions of this Article IX. The Declanmt sball not be liable or
responsible to the City of Boise, any lot owner, builder or other party whatsoever as a result of
any violation or threatened violation of the restricti ons of this Article IX. The City of Boise or
the individual lot owners of The Traditions Subdivision shall handle enforcement of this Article
IX.
B. Severabilitv: Invalidation of anyone of these covenants or restrictions contained
in Article IX by jud Il1ent or court order shall in no way effect any other provisions, which shaJ1
æmain in full force and effect.
C. Duration and ADDlicabilitv to Successors: The covenants, conditions and
restrictions set forth in this Article IX shall be in effect peIpetually. They shall run with the land
and shall inw-e to the benefit of and be binding upon the Declarant and all lot owners in the
subdivision, their heirs, successors and/or assigns.
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ARTICLE X
THE TRADITIONS HOMEOWNERS ASSOCIATION
10.1 ORGANIZATION OF ASSOCIATION:
It is contemplated that simultaneously with the execution and recordation of this
Declaration of Covenants. Conditions and Restrictions, The Traditions Homeowners
Association, Inc. shall be incorporated by Declllrant as an Idaho corporation under the provisions
of Idaho Code relating to general non-profit corporations, and will adopt by-laws for its
governance. To the extent the Articles of Incorpomtion or by-laws of the Association conflict
with the provisions of this Declaration, the provisions of this Declaration shall control. The
Association may not be dissolved without the express consent of the City of Boise.
10.2 ASSOCIATION MEMBERSHIP AND VOTING RIGHTS:
10.2 (A) MEMBERSHIP: Every Owner of a lot, including Declarant, shall be a member
of The Traditions Homeowners Association, Inc. Membership shall be appurtenant to and may
not be sepatated from ownership of any Lot.
Lot 17 in Block 6 of The Traditions Subdivision, known as the well site, is owned by
a water utility, and shall be a member of the Association. This membership shall be appurtenant
to and may not be separated nom ownership of the Lot.
102 (B) CLASSES OF VOTWG. The Association shall have two (2) classes of voting
membership, as follows:
Class A: The Class A members shall be all Owners, with the exception of the
Declarant (during the period when the Declarant is a Class B member). Each Class A
member 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 detennine, but in no event shall more than one (1) vote be cast
with respect to any Lot.
Class B: The sole Class B member shall be the Declarant, who shall be entitled to
three (3) votes for each Lot owned. The Class B membership shan cease and be
automatically converted to one Class A membership (one vote fOT each Lot owned) upon
the happening of either of the following events. whichever first occurs:
(1) When Seventy-five percent (75%) of the lots have been conveyed
by deed to Owners other than Declarant; or
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(2) July 1,2005
ARTICLE XI
COVENANT FOR ASSESSMENTS
11.1 CREATION OF THE LIEN AND PERSONAL OBLIGATION Of
ASSESSMENTS: The Declarant, for each lot owned, and the Owner of any Lot, hereby covenant
and agree to pay to the Association Ihe foRowing:
(A) An [¡¡itia! Membership Fee for membership to the association;
(B) Annual assessments or charges; and
(C) Special assessments
Such assessments to be established and collected as hereiDllfter provided.
The initial memberslrip fee, DIUlUai and special assesBmeQlS, togetlJer with interest, costs of
collection, and reasonable attorneys' fees and COSIS mcwred in collection, shall be a charge on the land and
shall be a coDtinuÒlg lien upon the Lot which such assessment is made. Each such assessment, together
with ínteJeSt, costs and reasonable attorney's fees, shall also be the personal obligation of the person who
was the Owner of such Lot at the time when the BSSeSSDlent becøme due. The personal obligation for
delinquent assessments shall not pass to his successors in title Uß)ess expnossly assumed by them, but
unpaid assessments shall constitute a continuing lien against the Lot until paid.
1].2 PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall
be used exclusively to promote the recreation, health, safety and welfare of the residents in the
project, and to pay all authorized Association expenses. Expenses include but are not limited to,
the improvement and maintenance of the Common area, Common facilities, and irrigation
delivery and maintenance.
11.3 INITIAL MEMBERSHIP FEE. Each new Owner commencing upon transfer of
ownership ftom the Builder will pay an Initial Membership Fee of Two Hundred Dollars
($100.00) per lot. Thereafter each new owner on subsequent sales and transfers will be required
to pay fifty dollars ($50.00). All membership fees will be paid to the Association.
11.4 MAXIMUM ANNUAL ASSESSMENT: Until JanUlll)' I, 2003, the maximum
annual assessment shall be Five Hundred Dollars ($500.00) per Lot. Thereafter, maximum
annual assessments shall be established as follows:
A. For the calendar year beginning January ], 2003 the maximum annual assessment
may be increased effective as of that January 1 and remain each year theœafter. The
àssessment is done by an action of the Board of Directors of the Association without a
vote of the membership, in an amount equal to ten percent (10%) of the prior year's
assessment.
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B. For the caJendar year beginning January 1, 2000, or any subsequent year, the
maximwn annuaJ' assessments may be increased in excess of the amount set forth in
Subsection A only by a vote of the members of the As30ciation. Any such increase shall
require the approval of two-thirds (213) of the total votes of members who are voting in
person or by proxy at a meeting duly called for this specific purpose. The limitations
hereof sha1l not apply to any change in the maximum blISis of the assessments undertaken
as the Association is authorized to participate under its Articles of Incorporation.
1].5 SPECIAL ASSESSMENTS. In addition to the annuaJ assessments authorized
above, the Association may levy in any calendar year a special assessment applicable to that year
only. This is for the purpose of deftaying, in whole or in part, the cost of any construction,
reconstruction, repair or replacement of a capital improvement upon the Common area. This
includes fixtures and personal property related thereto, or for the defrayal of any other
extraonlinary Association expense. Provided that such assessment shall require the approval of
two-thirds (213) of the votes of members who are voting in person or by proxy at a meeting called
for this specific purpose.
11.6 TAXES AND ASSESSMENTs: The Association shall pay aJl real and persooaI
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, 1hat such taxes and assessments be paid or a bond insuring payment be posted prior to
the sale or disposition of any property to satisfy '!he payment of such taxes or assessments. In
addition, the Association shall pay all other taxes, whether federal, state, or local, including
income or corporate taxes levied against the Association in the event 1hat the Association is
denied the status of a tax-exempt Cm:poration.
11.7 INSURANCE: The Association shall obtain, &om reputable insurance companies
authorized to do business Ù1 the State ofIdaho, and shall maintain Ù1 eflèct the following policies
of insurance:
11.7 (A) ComDrehensWe Public Liabilitv Insurance: Comprehensive public liability
insurance insuring the Board of Directors, the Association, the Declarant, the individual
Owners, and the agents and employees of each of the foregoing, against any liability
incident to the ownership and/or use of '!he common area. Or other property owned or
managed by the Association. Limits of liability of such coverage shall be not less than
$500,000.00 per person and $500,000.00 per occUl1'el1ce with respect to personal injury or
death, and property damage.
11.7 (B) Other fnsunmce: Such other insurance, including Worlc:er's Compensation
Insurance to the extent necessary to comply with all applicable laws. Directors and
officers liability insurance, and such indenuñty, faithful performance, fidelity, and other
bonds as the Board of Directors shall deem necessary or required to carry out the
Association's funcûons. This is to protect the Association against any loss from
malfeasance or dishonesty or any employee or other person charged with the management
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or possession of any Association funds or other proper1y. Obtaining insurance under thi.
subparagraph shalt be discretiomuy and not mandatory. Directors sball fuUy consider
premium cost before rewmmending coverage.
11.7 (C) Insurance Proceeds. The Association shall be deemed to be the trustee of
any interest of all members of the Association in any insurance proceeds paid to it WIder
such policies, and shall have full power to receive the members' interes18 in such
proceeds and to deal therewith.
] ].7 (D) Insurance Premiums: Insurance premiums for the above insurance coverage
shall be deemed a common expense to be included in the annual assessments levied by
the Association. No1Iñng contained herein shall require the Declarant to purchase
insurance policies.
I] .8 NOTICE AND OUORUM FOR ANY ACTION AUTIfORIZED UNDER
SECTIONS] 1.4 AND 11.5: Written notice of any meeting called for the purpose of taking any
action authorized under Sections 11.4 or 11.5 of this Article Xl shall be sent to all members not
less than thirty (30) days or more than sixty (60) days in advance of the meeting. At such
meeting the presence of members or of proxies entitled to cast fifty percent (50%) of all the votes
of each class of membership shall constitute a quorum. ¡fthe required quorum is not present, the
meeting shall be adjourned and rescheduled for a time and place not less than ten (10) days and
not more than thirty (30) days subsequent Written notice of the rescheduled meeting shalI be
mailed to all members not less tban five (5) days in advance of the rescheduled meeting date.
The required quorum at the subsequent meetings shall be satisfied by the presence, in person or
by proxy, of twenty-five percent (25%) for each class of membership. No such subsequent
meeting shall be held more than sixty (60) days folloWÚlg the proceeding meeting.
11.9 UNIFORM RATE OF ASSESSMENT. All initial membership fees, annual
assessments, and special assessmen18 must be fixed at a uniform rate for all Lots. The annual
assessments and special assessmen18 may be collected on a monthly basis (one-twelfth each
month), quarterly basis (one-fourth each quarter), or an annual basis (paid in full each year) as
detennined by the Association's Board of Directors.
11.1 0 DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS: DUE DATES.
The lUlIIual asscs!illlents provided for herein shall commence as to all Lo18, except those Lots
owned by the Declarant, on the first day of the month following the conveyance of the Lot by
Declarant. The first annual assessment shall be adjusted (pro rata) according to the number of
months remaining in the calendar year. The calendar year January 1 Ihrough December 31 shall
be the assessment period. The Board of Directors shall fix the amount of the annual assessment
at least ten (10) days in advance of ea<:h annual assessment Provided that in the event of a
proposed assessment in excess of the authority of the Board of Directors, the arnowt of such
excess assessment shall not be effective until membersmp approval. Written notice of the annual
assessment shall be sent to every Lot Owner. The due dates for the Board of Directors shall
establish all assessments. The Association shall, upon demand and for a reasonable charge,
furnish a certificate signed by an officer of the Association, setting forth the status of the
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assessments on a specified Lot. A properly executed cenificate by an Association officer is
binding upon the Associaûon as of the date of its issllaDCe.
11.11 EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE
ASSOCIATION: Any assessment Dot pllid within thirty (30) days after the due date shaH bear
interest from the due date at the mtc of twelve percent (12%) per annum. Other such interest rate
may be established annuaJly by the Boord of DirectoIS. Each assessment, when levied, shall
automaticaJly constitute a lien on the Lot to which the assessment pertains, without any
requirement of filing any documentation of such lien. The Association may record a Claim of
Lien against the Lot with the County Recorder evidencing such delinquent assessment thirty (30)
days after the due date of the assessment, in the same manner as provided by law as to statutOI}'
liens. No Owner may waive or otherwise escape liability for the assessments provided for herein
by non-use of the Common area, inigation facilities, or abandonment of his Lot.
11.12 SUBORDINATION OF DIE LIEN TO MORTGAGES: The lien of the
assessments provided for herein shall be subordinate to the lien of any first mortgage provided
such first mortgage is held by Ii person or entity umelated to the Lot Owner. SaJe or transfer of
any Lot other than as a result of a mortgage foreclosure shall not affect the assessment lien.
However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in
lieu thereof shall extinguish the lien of such assessments as to payments which becan¡e due prior
to such sale or transfer. No foreclosure sale or involuntaIy transfer shall relieve such Lot owner
from liability for any assessment thereafter becoming due or ftom the lien thereof. The
Covenants, Conditions and Restrictions, including the duty to pay assessments, shall be fully
applicable to a mortgage lender who has taken title as a result of a foreclosure of a mortgage
from and after the date title is taken. Mortgage shall also mean deed of IMt or lawful seClJ1'Íty
device.
ARTICLE XII
DISCIPLINARY ACTION OR TEMPORARY SUSPENSION
12.1 METIIOD OF NOTICE AND HEARING DATE: Monetary penalties, disciplinary
action or sanctions. and temporary suspension from Association membership rights and
privileges, in accordance with the by-laws of the Association, shall not be effective against a
member unless the following has occurred:
12.1 (A) The member is given fifteen (15) days written notice of the proposed
disciplinary action and a timely opportunity to respond and be heard on the matter. The
opportunity to be heard may, at the election of such member, be oral or in writing. The
notice shall be given personally to such member or sent by registered mail to the last
known address of such member as shown on IIH> noc0Id8 of the Association. The notice
shall state the place, date and time of the hearing, which shall not be less than five (5)
days before the effective date of the proposed expulsion, termination or suspension.
12.1 (B) The hearing shall be conducted by a committee composed of not less than
three (3) pCISons, appointed by the President of the Association. The com.mittee shall
DECLARATION OF COVENANTS. CONOITJONS ANDLlESTRlcnONS FOR THE TRADmONS SUBDMSION. PAGE 24
11/23/04 15:42 FAX 375 0997
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conduct the hearing in good faith and in a fair and reasonable manner, and shall not reach
a decision regarding discipJine until the conclusion of the meeting.
12.1 (C) Any member challenging the disciplina¡y measures taken by the board,
including any claim alleging defective notice must commcm:e a Com action within one
(1) year after the date of the contested disciplinary measure laken by the Board.
12.2 LIMITATIONS ON ENFORCEMENT: All methods of enforcement and discipline
authorized by this Declaration may not cause a forfeiture or abridgment of an Owner's right to
the full use and enjoyment of his individuaJly owned Lot except for a Judgment of a Court, a
decision arising out of arbitration, or a foreclosure for failure of the Owner to pay annual or
special assessments levied by the Association.
ARTICLE xm
FUTIJRE DEVELOPMENT AND ANNEXA nON
13.1 ANNEXA nON: It is intended that additional phases of The Traditions subdivisions
may be annexed or included within the jurisdiction of this Declaration by Declarant without
approval of the Lot OWllClS, the Association, or the Association's Board of Directors. Common
areas included in annexed phases, as well as the Common Areas included in this Declaration and
will be maintained by The Traditions Homeownm Association. Homeowners of all future
phases will pay dues and assessmerrts to the Association that will be used for maintenance of aJl
common areas and other Association expenses.
13.2 ADDmONAL PROPERTIES: All provisions contained in this Declaration shall
apply to the annexed property in the same manner as if it were originally covered by this
Declaration, subject to such modifications, changes, and deletions as may be specifically
provided in any Supplemental Declaration as hereinafter dCSlJlibed. AU Owners oflots located in
the annexed property shall become members of the AssociEltion, and shaU have all rights and
duties of an Association member. From and after the recordation of the first deed conveying a lot
within the annexed property from Declarant to an individual purchaser of a lot in the annexed
property.
13.3 PROCEDURE FOR ANNEXATION. The annexation of additional property
authorized above shall be made by filing of record a Supplemental Declaration, or other similar
instrument, particularly describing the property being annexed. Dec!arant or the owner of the
annexed property shall execute the instrument, and state the intent that the general plan and
scheme of this Declaration shaU be extended to the additional property. Described subject to
such changes, modifications, deletions and additions as are applicable to such additional property
as set forth in the Supplemental Declaration. Such Supplemental Declaration may contain such
additions, modifications, or declarations of the covenants, conditions, restrictions, reservations of
easements, and eqlÙtable servitude contained in this Declaration lIS may be deemed by the
Declarant to be desirable to .eflect the different character, if any, of the annexed property. The
Declarant may deem appropriate in the development of the annexed property. The filing of
record of said Supplemental DecIarEltion shall collStitute and effectuate the annexation of the
property described in thc Supplemental Declaration, and thereupon such annexed property shall
become and constitute a part of the property. The property described hereinabove shall become
DECLARATION OF COVENANTS. CONDITIONS ANO RESTRlI;."I'IONS FOR TIlE TRADITIONS SUBDIVJSION - PAGE 2$
11/23/04 15:43 FAX 375 0997
141 027
subject to this Declaration and encompassed within the general plans and scheme of covenants,
conditions, restrictions, reservation of easements, and equitable servitude contained herein and as
modified by such Supplemental Declaration for the annexed proPer1y. Further the property shall
become subject to the functions, powers, and jurisdiction of lite Association, and lite Owners of
lots in the annexed property shall immediately become members of the Association.
13.4 DESIGNATION OF COMMON AREA: Any common area and common facilities
designated by Declarant as such on the plat of the newly lIDI1eXed additional property or in the
Supplemental Declaration applicable thereto, and may be acquired by or conveyed to the
Association by Declarant, shall be subject to the same easements or other rights for the use and
enjoyment of the Owners as for the other Owners of lots subject to this Declaration.
ARTICLE XIV
GENERAL PROVISIONS
14.1 TERM OF RESTRlCTIONS. This Declaration of Covenants, Conditions and
Restrictions shall run with the land, shall be binding upon all persons owning a Lot, all
successors in title or interest to said real property or any part thereof, for a tenn of twenty (20)
years commencing on the recording date of this Declaration. After completion of the initial tenn
of twenty (20) years, this Declaration shall be automatically extended for successive periods of
ten (10) years.
14.2 AMENDMENT OR TERMlNA TlON: At any time after the initial recording of t/ùs
Declaration, a vote by sixty-seven percent (67%) of the Lot Owners of this subdivision, and any
additional phases, shall be required to change sllÎd Declaration in whole or in part. This
Declaration IIII1Y be amended, restated, replaced, ternúnated or superseded during the finlt
twenty- (20) year period by recording an instrument signed by the President and Secretary of the
Association. Affirming that such amendment was approved by sixty-seven percent (67%) of the
Owners of the Lots covered by this Declaration, or by recording an instrument signed by sixty-
seven percent (67%) of the Lot Owners. Provided, however, ifDeclaranl is still the owner of any
lots, tlús Declaration may not be amended without the written consent and vote of the Declarant.
14.3 USE OF SINGULAR AND PLURAL Whenever the context so requires, the use of
the singular shall include the plural, the plural shall include the singular, and the use of any
gender shall include all genders.
DECLARATION Of COVENANTS, CONDITIONS ANO RESTIUCTIONS fOR THETRADmONS SUBDl\I1SrON - PAGE 26
11/23/04 15: 43 FAX 375 0997
I4J 028
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year written below.
THE TRADITIONS,
An Idaho General Partnership,
By Its Part1Iers:
STATE OF IDAHO )
) ss.
COUNTY OF ADA )
On this 2nd day of February 2000, before me, the undersigned, a Notary Public in and for
said State, personally appeared Joseph W. Amy¡¡, known to me to be the President of Amy¡¡
Construction Co., an Idaho COIpoœtion; and an individual partner of the Traditions Subdivision.
Said parties are known to me to be the partners in the partnership of THE TRADITIONS
SUBDIVISION, and BÐknowledged to me that said parties executed the same as the partners in
said partnership, and in said partnership's name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above writt~_....... q- ~ -/
""""""h' ~~-(~~--<-
k- .' '!~>'" K.,Whecler .
:~ " .~ ~~"""" Pubhc for Idaho: BOIse
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_. ¡ Q; ., . ;:\ ) '" : THEREN Public 'iIIyc . ExpIres: 5/1412004
"".¡-t-""¡ otary
."'.,, ;~ :'.~' Stale 01 Idaho
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DEClARATION OF COVENANTS, COIIDITIONS AND RESTRICTIONS FOR TIlE TRADITIONS SUBDJVlSJON. PAGE 21