HomeMy WebLinkAboutBurney Glen Sub PP 02-025
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!Ire ,Y SINCE
,1903
MAYOR
Robert D. Corrie
CITY COUNCIL MEMBERS
Tammy de Weerd
William L. M. Nary
Cherie McCandless
Keith Bird
LEGAL DEPARTMENT
(208) 288-2499. Fax 288-250]
PARKS & RECREATION
(208888-3579' Fax 898-5501
PUBLIC WORKS
(208) 898-5500 'Fax 887-]297
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887-1297
PLANNING AND ZON]NG
(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: December 26, 2003
Transmittal Date: October 30, 2002 Hearing Date: January 2, 2003
File No.: PP 02-025
Request: Preliminary Plat approval of 117 building lots and 15 other lots on 35.94 acres
in a proposed R-8 zone for proposed Burney Glen Subdivision
By: Properties West, Inc.
Location of Property or Project: east of North Meridian Road and north of East Ustick Road
David Zaremba, P/Z (No VAR, VAC, FP)
Jerry Centers, P/Z (No VAR, VAC, FP)
Leslie Mathes, P/Z (No VAR, VAC, FP)
Michael Rohm, P/Z (No VAR, VAG, FP)
Keith Borup, PIZ (No VAR, VAG, FP)
Robert Corrie, Mayor
Bill Nary, CIC
Tammy deWeerd, CIC
Keith Bird, CIC
Cherie McCandless, CIC
Water Department
Sewer Department
Sanitary Service (No VAR, VAG, FP)
Building Department Your Concise Remarks:
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District (No FP)
Meridian Post Office (FPIPP only)
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power CO. (FPIPP only)
U.S. West (FPIPPonly)
Intermountain Gas (FPIPP only)
Bureau of Reclamation (FPIPPonly)
Idaho Transportation Department (No FP)
Ada County (AnnexaUon only)
33 EAST IDAHO' MERIDIAN, IDAHO 83642
(208) 888-4433' Fax (208) 887-4813 . City Clerk Office Fax (208) 888-4218 . Human Resources Fax (208) 288-1193
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CITY OF MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone I (208) 888-6854 Fax
REOUEST FOR SUBDIVISION APPROVAL
PRELIMINARY PLAT
(RE: Meridian Subdivision Ordinance - 12-3-1 thrn 12-3-6)
GENERAL INFORMATION
1. Name of annexation and subdivision: Burney Glen Subdivision
2. Address, general location of site: East side of Meridian Road/.5 mile north of Ustick Road
3. Owner(s) of record: Wanda White Trust c/o Pamela Geile
Address: 4399 N. Meridian Road, Meridian. ID 83642
Telephone: 883-5700 Fax: E-mail:
4. Applicant: Properties West Inc.
Address: 1401 Shoreline Drive. P.O. Box 2797, Boise, ID 83701
Telephone: 345-7523 Fax: 345-7028 E-mail:
5. Engineer: Gary A. Lee, P.E./L.S. Firm: J-U-B ENGINEERS, Inc.
Address: 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709
Telephone: 375-7330 Fax: 323-9336 E-mail:
6. Name and address to receive City billings- Name: Applicant
Address Telephone:
PRELIMINARY PLAT FEATURES
1.
2.
3.
4.
5.
6.
7.
8.
9.
Acres: 35. 94
Number of building lots: 117
Number of other lots: 15
Gross density per acre: 3. 25
Net density per acre: 5. OJ
Zoning District(s): Existing: RUT Proposed:
Does the plat border a potential green belt or pathway?
Have recreational easements been provided for? No
Are there proposed recreational amenities to the City?
is within 1/2 mile of a public park
Are there proposed dedications of common areas? no
will be owned and maintained by the HOA.
see above
Explain Common areas
R-8
No
No Explain Property
10.
II.
For future parks? no Explain
What school(s) service the area?
agreements for future school sites? no
Do you propose any
Explain
12.
Are there any other proposed amenities to the City? no
Explain
13. Type of building (residential, commercial, industrial, office or combination): Residential
14. Type ofdwelling(s) (single family, duplexes, multiplexes, other): Single-family
Rev. 2/]/1)2
.
.
15.
Proposed development features:
a. Minimum square footage oflot(s):
b. Minimum square footage ofstructure(s):
c. Are garages provided for? yes
d. Has landscaping been provided for? yes
landscape plan
Are sprinkler systems provided for?
Are there multiple units?
Remarks:
Are there special set back requirements?
6,500
1,500
Square footage: 500
Describe: see attached
yes
Type:
e.
f.
no
Explain:
g.
h.
i.
J.
Value range of property: $50,000-$79,000
Type of financing for development: conventional
Were protective covenants submitted? no
Date:
16. Does the proposal land lock other property? no Does it create Enclaves? no
STATEMENTS OF COMPLIANCE
I. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada
County Highway District and Meridian Ordinance. Dimensions will be determined by
the City Engineer. All sidewalks will be five (5) feet in width.
2. Proposed use is in conformance with the City of Meridian Comprehensive Plan.
3. Development will connect to City services.
4. Development will comply with City Ordinances.
5. Preliminary Plat includes all appropriate easements.
6. Street names do not conflict with City grid system.
7. All items noted on the preliminary plat checklist have been completed.
I have read the information contained herein and certify the information is true and correct and
that this plat is in compliance with the above statements.
Rel'. 2/1/01
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("J'U'B ~
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J-U-B ENGINEERS, Inc.
. ENGINEERS' SURVEYORS' PLANNERS
. . . September 20, 2002
Regional Office
250 South Beechwood Avenue, Suite 201
Boi~e, ID 83709'0944
208-376-7330
Fax:208-:J23.93:J6
Meridian City Planning and Zoning Commission
City of Meridian .
660 E.. Watertower Lane,Ste. 202 .'
'. Meridian, ID 83642.
RE: Burney Glen - Annexation & Preliminary Plat
. Members of the Commission:
On behalf of our client, Properties West, Inc., we are pleased to submit this application for
approval of annexation and preliminary plat. The project is generally lo~ated east of Meridian
Road and north of Ustick Road in Section 31, Township 4 North, Range lEast,
The subject property is. comprised of a single tax pCjrcel containing approximately 35.94 .acres of
'land. The site is contiguous with the Meridian City Limits on the southeast corner where the
propertyabuts the proposed Heritage Commons Subdivision. <::urrentzoning is Rural-Urban
Transition (RUT). Pre application meetings were held with Shari StilesahdBruce Freckleton on
June.21 and August" 22 to obtain staff input priorto detailed design of the project layout.
Site. Overview
The site does hot contain any structures and is currently used for agricultural purposes. The
property is essentially flat and is lacking any significCjnt natural vegetation or othernatural .
features. Irrigation is provided by a lateral on the east side of the property. As is evidenced by the
attached vicinity map, thi's area is currently undergoing a rapid transition from predominately.
agricUltural land uses to more urban type land uses, primarily single family residential
developments, as contemplated by the July 2002 City of Meridian Comprehensive Plan. Inadqition,
the City of Meridian is now developing Settlers Park about Y.z mile to tlie southwest of this project, .
This transition has been made pOSSible in large part by the City's decision to fund the design and
construction of the White Drain sewertr~nk line throughtl\isarea.
Project Overview
AnnexationI Zon;M .' . .' ". .
The applicantis requesting anne~ation and a rezone from. the existing RUT (Rural Urban Transition)
to R-8 (Medium Density Residential). The proposed zoning designation is based upon the City's
comprehensive plan designation of Medium Density Residential, WhiCh would ~llow for three to
eight dwelling units per acre (the proposed layout 3.chieves 3.25 dwelling units per gross acre).
. The zoning amendment is desirable in that it conforrM tathe Future Land Use Map and expands
, the tax base of the City. The amendment issupportedby numerous policies in the Comprehensive
Plan, particularly those in the Land Use Se~tion.Specifkally, Goal I, Objectives C, D; Goal II; Goal
, III, Objective A; Goal IV, Objectives A. B, C,D; G:'lill if, Objectives A, S, C, D.
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Engineers . Surveyors Planners
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Development Narrative.
Burney Glen Subdivision'
9/2012002
Page 2
PreUminarv Plat/Overall Proiect Desiqn . .' .... .' . .,' '. .'..
The preliminary.plat contains a tota.lof 13210ts,. 117 of which are buildable. The plat has been laid
out to work with the constraints of the site (whith is particularly long and. narrow) and to provide a
logital transition between surrounding land uses arid future land uses on surrounding parcels. The.
proj. ect includes a total of 4.11 acres of open space, approximately 11% of the site total. Of the
, " '
4.11 acresof open space, 3.3 acres is dedicated to park areas for use by the residents.
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Lot areas range frol:Tl approximately 6,500 square feet to over 12,000 square feet in size. The
overall average lot size is approximately 9, 100.square feet. The gross density ofthe development
is 3.25 dwelling Units per acre and the net density (excluding roads and open. space) is, 5.03
, dwelling units per.acre. All of the lots as designed comply with the standards of the zoning
ordinance and comprehensive plan and no variances are sought or required.
Irrigation
Pressurized irrigation water will beprovlded to all lots within the development and sprinkler,
. systems will be installed in all landscape areas and the parks.. Water. will be provided utilizing the
property's existing allptment of surface and ground water. SettlersJrrigation District will own and
operate the system. ' .
Transportation
Primary access to the property is provided by Meridian Road on thewestproperty boundary with
stub streets being provided north; south and east. The stubs on the south and west align with
pendings\Jbdivlsionapplications within the city. A traffic study was conducted by the Washington
. Group for the entire .14 square mile North Meridian Area within which our project lies.. Based upon
abuild-out analysis contained within the study, itwasdeterminedthat the road network will be
adequate to accommodate the planned landuses(based upon the Meridian Comprehensive Plan) in
the area. J-U-B ENGINEERS is currently working with the Ada County Highway Distritt to. provide
information to evaluate the impacts of this particular development. " . .
It is anticipated that the B~rney Glen development will generate approximately 1,170 vehicle trips
per day. The Meridian Road approach to the development will be built as a residential collector for
approximately 700' where i.t meets' a roundabout intersection. From there the roads will transition
toa typical50'local road sectIon. It is antitipated that this rOad configuration, in .addition to the
five'stuhstreets tosurroundihg properties, will proVide adequate circulation and excellent
connectivity to surrounding developments, ..
Schools
Prior to designing the project the Joint School District #2was consulted to determine the need for
a school site within the prpject. Mr. Wendel Bigham,Supervlsor of Facilitiesand Construction for
the District, indicated that the District had adequate land. in this. area to accommodate future .
needs. The Distritt currently operates the existing Meridian Charter High'School on I,.ocust Grove
F:\ProjectManagel?\GAL \ 11842\ad,min\~pp' letter .doc
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(" J.U.B ~
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Engineers Surveyors Planners
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Development Narrative
Burney Glen Subdivision
9/20/2002
Page 3
Road less than one mile from this site. In addition, the District intends to develop an additionaL
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charter high schooL and a new elementary schooL at tha. t site. which is. pLanned to be opened in the
fall of 2003. TheDistrict aLso owns Land adjacent to the west side of the SettLers Park in.the
developing Cedar Springs Subdivision. That parceL is intended to deveLop with an eLementary
school as growth demands.
Water 8: Sewer
Sewer service wilL be provided to. the site by 'Nay of a 12" Line extended up Meridian Road from the
White Drain Trunk Line south of the site. Water will also be extended up Meridian Road and will be
. " looped throughthe deveLopment.
,Fire Service
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The project is Located in the Meridian Fire District. Augmented fire protection will be provided for
the project as required by Meridian Fire with instalLation of public water and fire hydrants. .
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Other Uti lities
PubLic utilities, such as power and communications, wilL be extended underground into the
. project.
Summary
We believe that we have designed aviable; attractive .project that complies with the spirit and
intent of the Meridian Comprehensive PLan and ZoningOrdinCl,nce. We look forward to working with
the city on this project. PLease do not hesitate to caLL if there are questions regarding any portion
of the application.
Sincerely,
J-U-B ENGINEERS,INC.
$$0
Daren S~ Fluke, AICP .
F:\ProjectManagers\'GAL\11842\admin\app letter. doc
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9/18/2002
City of Meridian
Planning and Zoning Department
660 E. Watertower Lane, Suite 202
Meridian, ID 83642
To Whom It May Concern:
I, Daren Fluke, representing Properties West Inc., do hereby certify that the property subject to
the attached preliminary plat and annexation applications will be posted at least one week prior
to the public hearing for the requested preliminary plat application.
Dated this
tk
Ii dayof~,2002.
Signed:
~
Daren F e, A CP
Planning Associate
\\Boisefiles\Public\ProjectManagers\GAL\11842\adrnin\prop post.doc
. BIOLOGY
~OCIATED EARTH SCIENCES I~
.OGY' ENGINEERING' SOIL SURVEYS, SOIL ANoWrnR QUALITY
. RESOURCE PLANNING AND SITE INVESTIGATIONS
6238 Edllcwater Drive
Boiset Idaho 83709
(208) 672-9213
June 10,2002
Jon Barnes
Properties West, Inc.
P.O, Box 2797
Boise, ill 83701
J..U...E' Ent:~F''-f~er~ _~
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Dear Jon:
A soil investigation was completed on the property located in the SWNW of Section 31, TAN.,
R.IB., B.M., Ada County, Idaho. The purpose of the investigation was to determine the soil physical
properties and internal soil drainage conditions in areas where storm drainage facilities. may be
installed.
Six backhoe pits (test holes), each about twelve feet deep, were excavated and described. Soil
texture, soil colors (as indicators of internal soil drainage), restrictive soillayers( cemented hardpan,
high clay content, compaction), plant rooting depth, and presence or absence of free water (water
table) were all considered in this study. Detailed field notes and a test hole location map are
attached.
At the time of excavation all of the test holes, except TH5, were dry to 144". TH5 did have a water
table at a depth of 142". As the irrigation season progresses, I would anticipate water table rising
to some extent !'lld peaking about the third week of August. I would be interested to know how high
the water rises (from your monitoring).
I would recommend the base of storm drainage beds be at or below the following depths at each test
hole:
THI-
TH2-
TH3-
TH4-
TH5-
TH6-
79"
75"
80"
58"
68"
60"
The base of the storm drainage bed is required (ACHD) to be at least 3' above seasonal high
groundwater: The depths of the storm drainalZe beds that I recommended could be influenced bv the
rise of the water table and mav be subiect to chanlZe. Your monitoring of the test hole will confirm
how deep the storm drainage facilities can be placed.
Estimated permeabilities were made on all soil layers identified and will be useful in designing the
storm drainage facilities.
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.
If you have any questions, please call me at (208) 672-9213.
Sincerely,
-!b~ lt~UZ~
Glen H. Logan
Certified Professional Soil Scientist
cc: Gary Lee, P.E./L.S.
J-U-B Engineers, Inc.
250 S. Beechwood Ave., Suite 201
Boise, ill 83709
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AES
Soil Evaluation
.
Evaluation Date 6/4/02
Requested By Jon Barnes. Properties West, Inc.
Address P.O. Box 2797
City Boise
State ID Zip Code 83701
Phone (208) 866-0747
Lot Size
Bedrooms
Parcel 35+ Acres
Legal Description SWNW of Section 31. T.4N.. R.1E.. B.M., Ada Countv,
Idaho
SlaDe 0-1% Evaluated Bv Glen H. Loaan CPSS
PitTHI PilTH2 PilTH3
0-12" Silt loam (20% clay), 0-9" Silt loam (20% clay), 0-12" Silt loam (20% clay),
1 OYR 3/4, no roots, IOYR 3/3, many fine, 10YR 3/4, common
estimated conunon medium and fme roots, estimated
permeability 2111hr. coarse roots, estimate permeability 2"/hr.
permeability 2"/hr,
12-23" Silt loam (20% clay), 12-18" Silty clay loam (30%
IOYR 4/3, no roots, 9-16" Silt loam (25% clay), clay), 10YR 4/6, few
estimated 10YR 3/3, many fme, fine roots, estimated
permeability 2"/hr. conunon medium and permeability.5"lhr.
coarse roots, estimated
23-30" Silty clay loam (30% permeability l"lhr. 18-34" Weak to moderately
clay), 7.SYR 3/4, cemented hardpan,
compact, strong platy 16-22" Fine sandy loam (10- fractured, no roots,
structure, no roots, 15% clay), compact, estimated permeability
estimated 7.5YR 5/4, platy <:'OSulhr.
permeability .05" Ihr, structure, common
fine, few medium and 34-47" Fine sandy loam (5%
30-45" Weakly cemented fine coarse roots, estimated clay), 10YR 7/3 and
sandy loam (10% permeability .5111hr. 4/6, friable, no roots,
clay), 10YR 6/4 and estimated permeability
3/6, no roots, 22-42" Weakly cemented plate 3-5"1hr.
estimated with 40% fine sandy
permeability.I"/hr. loam (10% clay), 47-64" Weak to moderately
strong platy structure, cemented hardpan,
45-79" Moderately cemented 2SYR 514, few fme coarse platy structure,
hardpan, 10% roots, estimated IOYR 7/3 and 4/6, no
gravelly soil, very penneability .05ulhr. roots, impermeable
compact, no roots,
impenneable. 42-60" Very fine sandy loam 64-80" Extremely gravelly
(10-15% clay), 7.5YR loamy fine sand (5%
79-144" Extremely gravelly 4/4, no roots, estimated clay), compact, 10YR
fme and medium permeability 2-4"1hr. 4/6, no roots,
sand, variegated estimated permeability
color, no roots, 60-75" Extremely gravelly fme l"lhr.
estimated sandy loam (5-10%
permeability 1 O"/hr. clay), very compact, 80-120" Extremely gravelly
weakly cemented, loamy fine sand (<5%
7,5YR 4/4 no roots, clay), variegated
estimated permeability color, no roots,
.1u/hr. estimated permeability
10"lhr.
75-144" Extremely gravelly fme
and medium sand, 120-132" Gravelly medium and
variegated color, no coarse sand (0% clay),
roots, estimated variegated color, no
permeability.l0"1hr. roots, estimated
permeabilily 10-
15"/hr,
Additional Info:
THI - No free water (water table) at time of excavation.
TH2 - No free water (water table) at time of excavation.
TH3 - No free water (water table) at time of excavation.
"
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AES
Soil Evaluation
.
Evaluation Date 6/4/02
"Requested By Jon Barnes. pronerties West. Inc.
Address P.O. Box 2797
City Boise
State ID Zip Code 83701
Phone (208) 866-0747
Lot Size
Bedrooms
Parcel 35+ Acres
Legal Description SWNW of Section 31. T.4N.. R.1E., 8.M.. Ada Count v ,
Idaho
Slone 0-1% Evaluated By Glen H. Loaan CPSS
PitTH4 PitTH5 PitTH6
0.11" Sill loam (20% clay), 0-10" Sill loam (25% clay), 0-17" Silt loam (25% clay),
10YR 3/4, many fine 10YR 3/3, many fine, 10YR 3/4, many fine
and coarse roots, common medium and few medium and
estimated coarse roots, estimated coarse roots, estimated
permeability 2"/hr. permeability }"lhr. penneability I "/hr.
11-25" Silly clay loam (35% 10-25" Silty clay loam (35%+ 17-31" Silly clay loam (30%
clay), very compact, clay), very compact, clay), 10YR 5/4,
I OYR 3/6, many fine, strong prismatic common fine and few
few medium and structure, common medium roots,
coarse roots, fine, few medium and estimated penneability
estimated coarse roots, estimated .5"1hr.
penneability ,05"1hr. permeability <.05"1hr.
31-39" Sill loam (25% clay),
25-47" Loam (15% clay), 25-42" Silty clay loam (30% 1 OYR 5/4, few fine
IOYR 7/4 and 4/6, clay), 10YR 4/4, and medium roots,
very friable, common common fIne roots, estimated permeability
fme and medium estimated permeability l"/hr.
roots. estimated .5"1hr.
penneability 2"/hr. 39-60" Very fine sandy loam
42-56" Sill loam (10-15% (5-10% clay), slightly
47-58" Extremely gravelly clay), mahle, 10YR compact, I OYR 5/6,
loamy fme sand (<5% 5/4, conunon fme few fine and medium
clay), slightly roots, estimated roots, estimated
compact, I OYR 4/6, permeability 2"/hr. penneahility 2-4"/hr.
common fine roots,
estimated 56-68" Weakly cemented 60-75" Very fine sandy loam
penneabiIity 5-10"/hr. hardpan, platy (5-10% clay), very
structure, few fme friahle, 10YR 5/6, few
58-144" Extremely gravelly roots, estimated fine and medium
fine and medium sand permeability.I"/hr, roots, estimated
(0% clay), variegated penneability 4-6"/hr.
color, no roots, 68-88" Extremely gravelly
estimated very fme sandy loam 75-99" Very gravelly fine
permeahility 10"/hr. (5-10% clay), 10YR sandy loam (5% clay),
5/4, common fine 10YR 5/6, few fine
roots, estimated roots, estimated
permeability 5-1O"/hr. penneability 5-10" /hr.
88-150" Extremely gravelly 99-144" Extremely gravelly
medium and coarse fine and medium sand
sand (0% clay), (0% clay), variegated
variegated color, no color, no roots,
roots, estimated estimated penneability
oermeabiIitv 10-15"/hr. 1O"1hr.
Additional Info:
TH4 - No free water (water table) at time of excavation.
TH5 - Free water (water table) at 142" depth at time of excavation.
TH6 - No free water (water table) at time of excavation.
In
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10/15/02 08:50
1r20S 323 9336 J-U-B ENS. BOISE
'llrney Glenn SllbdiviSio~
Architel;tural Control Summary
~ 0011001
Construction:
" Architectural Rellef Shingles - Pabco Premier only P-2S miDimllm with :Built-up Hip and
ridge. Approved Colors: Antique Black, Driftwood, or Weathered wood.
Front elevations mnst have II snitable architectural elemeDt. Brick stone or stucco mDst
wrap around the sides of garages and columns and be generally full height. Wainscot brick
must cover the full front of tbe home Full lap siding may substitote if applicable.
Minimum 6/12 roof pitches on all single level homes, 5/12 on two story homes for egress only.
Front side walks or driveways must have curved llnes or a stamped pattem at the edge.
No Split entry homes
Single level homes not less tban 1500 Sq. Ft minimum. Two Story Homes not less than 1000
Sq. Ft. on the main leveL
Minimum two car Garage.
Front doors must have a thumb-latch entry and brass or nic.kle kick-plate.
Two Story bomes on corner lots must be transitional plans on street side.
No vinyl or metal siding.
An homes are required to have improved gable venting.
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Architectural Control:
. Buildl'rs must submit plans to Keller Williams Realty (or ACC apprl,tval "rior to start of
const:rnction. Plans are to include plot, all elevations and Ooor plans. Plans will held unt:il30
days aftl'r completion. Colors must be submitted for approval /)rinr to application.
Minimum Setbacks:
* Front:
" Side:
* Side, torner lot:
" Rear lot line:
10 Ft.
5 Ft for a single level or two story.
20Ft.
15Ft.
Fences:
. All fences to be the picture frame style.
* Cedar not to exceed six ft. in height or wrought irOR.
.. New material and constructed in a workman like manner.
.. Must comply with Ada County Blghway districts 'lli.sion triangle.
" Common area fences to be solid 41" fences picture frame or wrought Iron.
.. All fencing must be approved by ACC.
Landscaping:
" Front and side lots adjacent to the meet must be sodded within 30 days of substantial
completion or occupancy, wbidl ever comes fir$!, Back yards must be sodded or seeded within
six months of occupancy. The front yard will include a bl'rm or sculptured planting area, two -
:1" caliper trees at least 6' tall, jille - 5 gallon pJanh, fin - 2 gallon shrubs.
Portable Outhollses and Street Cleaning:
" A $150.00 fee is .colIected at closing to provide portables outhouses lllId street cleaning.
Home OWllen Dues:
*$240 annual dues and a $200 one time setup (ee collected at closing of home-site.
Availability aud price subject to change without notice!
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