HomeMy WebLinkAboutWesley Subdivision PP 00-002
Mayor
ROBERT D. CORRIE
HUB OF TREASURE VALLEY
A Good Place to Live
LEGAL DEPARTMENT
(208) 288.2499 . Fax 288-2501
City Council Members
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888.4433 . Fux (208) 887-4813
City Clerk Fux (208) 888-4218
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 887-2211 . Fax 887- 1297
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . Faz 887-1297
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
_KENT BROWN, P/Z
_THOMAS BARBEIRO, P/Z
_RICHARD HATCHER, P/Z
_KEITH BORUP, P/Z
_ROBERT CORRIE, MAYOR
RON ANDERSON, C/C /lfL. _ .
. Oi IARLlE: ROUNTn~, CIC ~
KEITH BIRD, CIC
~GlEtJtJ E][Nl"bEV, C/C~
_WATER DEPARTMENT
_SEWER DEPARTMENT
_SANITARY SERVICE
_BUILDING DEPARTMENT
_FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
_CITY ENGINEER
_CITY PLANNER
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: January 21, 2000
TRANSMITTAL DATE: January 10,2000 HEARING DATE: February 8.2000
FILE NUMBER: PP-00-002
REQUEST: PRELIMINARY PLAT fOR 5.029 ACRES WEST Of LOCUST, NORTH Of
fAIRVIEW CRT TO LO & R-8) fOR PROPOSED WESLEY SUBDIVISION
BY: CENTERS CONSTRUCTION
LOCATION OF PROPERTY OR PROJECT: WEST SIDE OF LOCUST GROVE,
APPROXIMATELY 700 FEET NORTH Of fAIRVIEW AVENUE
MERIDIAN SCHOOL DISTRICT
_MERIDIAN POST OFFICE(PRELlM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM & FINAL PLAT)
U.S. WEST(PRELlM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELlM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELlM & FINAL}
YOUR CONCISE REMARKS:
l.
2.
3.
4.
5.
6.
7.
REQUEST FOR SUBDIVISION APPROVAL
x::
)1
PRELIMINARY PLAT AND/OR FINAL PLAT
~."e,: 00 .:~OL
PLANNING AND ZONING COMMISSION
TIME TABLE FOR SUBMISSION:
The submission deadline for ALL applications (other than Final Plats and Variances) is
5:00 p.m. of the first business day of every month. Applications must be submitted to the
Planning & Zoning Department, located at 200 E. Carlton Ave., Ste. #201, Meridian.
NO EXCEPTIONS WILL BE MADE.
The Planning and Zoning Commission will hear the request at the monthly meeting
following the month that a complete application is received by the deadline date.
Incomplete applications will be returned to the applicant and will not be processed until
all required application elements are completed.
Applicants are encouraged to arrange for a pre-application meeting with a Planner at least
ten (10) business days BEFORE the submission deadline to address any concerns or
questions regarding the project.
GENERAL INFORMATION
Name of Annexation and Subdivision: i..J r s: h v. ~'j 'vis; on
General Location: ZJf$ 't CJ -r toc<:;s-c G""""Y'f /f/fjt'-ti c1 p:;rt')r?(J
O\.vners of Record: Crnt.'t;.'>s (7ofi.r.t";""IGCl"on -:r:li!.. .
Address: 'J;o, gar ~/Ji' , Zi{ &G.toTelephone: tf'?8'-/gS'-f!.
Applicant: ,<;"<7/14 r ""ts OQn pr
Address: , Zip Telephone:
Engineer:.:JOf! CQ/l/J)./)'j 7JE'/L.s Firm: 1St: A 6p';'/I~Q'~.t :::zAc.,
Name and address to receive' City billings- Name: Cr~-e(l...S' '-JC()>'I".t:::?tc-r,iCin ::z;,c.
Address ~o. ;g",.J.- .5/~ hr...;t/;CYJ? J?3/.;,fO Telephone: rf'gg-/?5:6J...
1.
2.
3.
4.
5.
6.
PRELIMINARY PLAT CHECKLIST: Subdivision Features
Acres: -5:()~ '1
~., .,."
Number of building lots: ..j..j
Number of other lots: .3
Gross density per acre: ~, ..s~
Net density per acre: ~" ,f ,
Zoning CIassification(s): L -0 C ;;e-f
If the proposed subdivision is outside the Meridian City Limits but within the / )
jurisdictional mile, what is the existing zoning classification? fJ7 (,4/)/1 ~...t'96;&YJ 'fff/rc:./pstrrf
Does the plat border a potential green belt? .4/0
8.
9,
10.
Have recreational easements been provided for? /iJ () f
Are there proposed recreational amenities to the City? /110
Explain
. 11. Are there proposed dedications of common areas? ;/)0 Explain
12.
13.
14.
15.
16.
For future parks? Explain
, - --r !. 1"'1 '
What school(s) service the area? C h:d- ,.j6SNu. r:..v,'",Q,i"i"',:yDo you propose any
agreements for future school sites? )//0 Explain P
Are there any otper proposed amenities to the City? ~'h' Expl, ?'/ )t~<~':f'rA d-J/ln}
1_ 7..' l~ ffi;J-1f'o0il rJ0t CfS.r;OC;o t;i?)i~ q!io ~ij-t. /c7/'1U (('"9'f/j}') j' ?;-~-l' < -.,/.."'''' !.o:.:e.d. Gr5\'f:
TyPe of Building (Residential, Commercia(Industrial or combinatioIl): _lo{f;C" i 1Jp.,,;Ywr/;jq/
Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): o-f'-fJq t. 7c/J/I;;u(.Yj'~
Proposed Development features: . '
a. Minimum square footage oflot(s): 3' ~? 7.s: s ;e:"
b. Minimum square footage ofstructure(s): " d ODe) J)'::' 7Ie;:,..';;};:;. /O?').
c. Are garages provided for? Hs Square footage: Zi:?..... 'Iojj;-T
d. Has land~ing been provided for? fhf' Descri,be; j:;:" / / .IO ()' IJI1: '-
. /.( '" ... // ..L .11"'<-
;;;:f:;!'o)l);:: f,-- 01- 01 <./Yi e..r ~Lh r Ie. '-,
Will trees be provided for? Hr Wil, trees be maintained? y)ps 2S..v 00mrot'/k:soc,
Are sprinkler systems provided for? 7+, ;/ ..
Are there multiple wVts? ks- ~ype: !I,~ 721<JrJAo(/. -;.,," 'Tr."
Remarks: de.,- )1f!.A- /00 /071 C'ai -t,.....", e~C1()h
Are there speci set back requirements? Y{"......' Explain: V?r) ....A C ,H' .fur-
-(;:r)/I i s/ j l' <7 "1l ....- P Cf' /' ,..q> /' rJ <,0 ~r l:h\' 'r {j) l' c ~r '6) i'iJ f "7pv-<y 6Yl-
Has 0 street parking been proVlded for? 1-'''' s- Exp :' b 0-,,' ,~ 0/ P.r '
'-.1
, "
J6'"G
e.
f.
g.
h.
1.
17.
J. Value range of property: //060.0 t.o kJ.:S' Ck.V <iil'r
k. Type of financing for development: ,'/
1. Were protective covenants submitted? Ye'( Date: t.J/ 9'J)" 6o"'l'i7>iM
Does the proposal land lock other property? A',;C) Does it create Enclaves? 1///8
STATEMENTS OF COMPLIANCE:
1. 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 will include all appropriate easements.
6. Street names must not conflict with City grid system.
2
" ;:.:, "~
'l ~ ")4 ~~ ':;0')' 11 J.... 0 II
:J' j~~4 "" <00 '- 10, (j '....
~ 5 -'... 9"".{~ 4l> + ~O
.. ,- ;- / \ 5 " 'x,,'v/. ~
o .____.... '4 ...?\ ~
~I 6 [ (-':B'r'-' t.--,-~ /~ 6
!lJ_\ ""t1i - ! I B
r '/ "< 7 6,' I .
I I 7 "-..... '_ _ '_~q
2" .E-. .,U. NTER D, .
-" . 0 "--- "
~ -ti' ~o I-:T~, ; " : " "
; I 24 123 ,\2 21.., - ,!, '~-~t :', '15"'~ '[ "' II
J - \ I" '2
..~ ", 'I" or
f-;;-I~ ':C' ,,: ~ , , · ~ [UJ
o i~Jtl!, \ . ~ '-:-1
N( ~'" 'S1,) . 0
I" 'Z ~;
r.i8'21 4
p:
"7l-~-:;- ! 3 l: \N 3
7 I . v , I y.
I, I) -LJ._ _
. ::.:~.~
-~\
:J~
7 [~
~ -~'--r,--
(.) I
6
o
7 J:
...J -i
i p"
-r----
l,~t
3T
--I.l-.
ui!'''';
~~::
'L'
t==
E
;
=::::::]
42."
c /
ZI
'-J
0-
o
~,
CAROL
AREA MAP
WESLEY
SUBDIVISION
JANUARY 2000 ,
1 n = 300
SCALE: INC.
NGINEERS,
B & A E
..;-
-~ .;~: ;~;-~~? -~-
N
'?
,~.
0,
J
E
w
,.t--.......
1..
t
,
@
LOOP LN,
E.
~:
o 2
It
<t'
----:V,...-h
;,
\oj
~.
'"
s
.~
?\...~2 ..,
~\lES" 0
"RECEIVED I
NOV 2 9 1999
,,':"
6
sue.
- (;
oj
ST.
,
~ Planning
Associatton
UOIJe!:lOSs'v'
.5Ujuueld ..w.unUJUJOO
6661 6
I , I
3
I
!
a 3 ^ J 3 Q 3:8
~
'""
.~ J
./
Po
Development Narrative
Wesley Subdivision
December 1999
Applicant & Land Owner
Centers Construction, Inc.
P.O. Box 518
Meridian, Idaho 83680
Telephone: 888-1852
Facsimile: 884-8938
Location
This project is located on the west side of Locust Grove Road, approximately 700 feet north of
Fairview Avenue. It is comprised of five acres of land and is currently located in the county.
Immediately to the west and north of the project is tand zoned and developed as R-8. Immediately
to the east is R-4 property; to the southeast of the project is Fred Meyers, zoned G-G. To the south
is Doris Subdivision, currently located in the county and zoned R8.
The area is comprised of a portion of the northeast quarter of the southeast quarter of Section 6,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho.
Site Overview
The site is currently vacant and is entirely surrounded by development. Agricultural activities no
longer occur on the site.
The dimensions of the property would suggest that more planning could have occurred when
surrounding properties were developed. An access to the property could have been required from
either Gem Park Subdivision to the north or Meridian Place Subdivision to the west. The site now
has no public road or pedestrian access except from Locust Grove Road. The depth of the property
is approximately 980 feet.
The site is narrow wrth an average dimension of only 240 feet. Since the north and south boundaries
of the site are not parallel, the property is only 214 feet wide at its narrowest point. This depth
creates a design issue when assessing the site's infrastructure cost to the value of its development
options, particularly with surrounding single family R-8 development.
Project Overview
Annexation
.> One request of this application is to seek annexation of this property into the city of Meridian. The
requested zone is L-O for the frontage along Locust Grove (1.089 acres) and R-8 for the remainder
of the site (3.940 acres).
Planned Development & Subdivision
1
The other request of this application is to seek approval of a planned unit development and a
subdivision of land to allow the development of a professional office building and attached
townhouses (no more than two per.buHding). The proposed townhouses would occupy their own lots
and be sold to individuals.
The particulars of the proposal are:
Total Site:
New Locust Grove RfW:
Limited Office Zoning (w/o R1W):
Medium Density Residential Zoning:
Internal Public R1W:
Common Areas:
Office Site:
Townhouse Area:
Number of Total Lots:
Office Lot
Townhouse Lots:
Common Lots:
Density (Building Lots I Gross Area):
Density (Building Lots I Net Area):
5.029 Acres
0.242 Acres
0.847 Acres
3.940 Acres
1.034 Acres
0.488 Acres
0.564 Acres
2.701 Acres
36
1
32
3
6.56
6.89
The property is currently zoned Rural Transitional (RT) in the county.
Meridian Comprehensive Plan
The Meridian Comprehensive Plan and map designates the area of this development as "Mixed-Use
Area at Locust Grove Road and Fairview plus areas North of Fairview Avenue~. Major applicable
sections of the comp plan are sections 2 and 5 of the Land Use chapter. The specific area is
described in Section 5, Mixed-Planned Use Development.
Section 2 Residential Policies - Goals
2.1 U The proposed project consists of attached separate ownership townhouses (medium density)
residential.
2.2U Although the project does not contain a neighborhood park, a minimum of 10% open space
is included in the proposal for a visual amenity. We suggest this is viable option considering
the location and shape of the site.
2.3U Although the surrounding parcels are developed as single family homes, the infrastructure
costs and shape of the land prevent development as single family detached homes. What
is proposed is a reasonable proposal to develop this in-fill parcel. The townhouses that are
proposed are single story and will cost over $1 00,000.00. The fact that they are single story
will soften the visual impact bf these homes. The cost of these homes will not encourage
their use as rentals. The development of this parcel will stop the process of this land
becoming wasteland. The proximity to existing homes and size of the site deter its use for
agricultural activities.
. 2.4U Sidewalks will be developed within the parcel and along Locust Grove Road as instructed by
the Ada County Highway District. We are requesting that a portion of the sidewalk along the
2
internal road not be constructed at this point in time. This area is along the open area
immediately west of Locust Grove along the south property line. Since the road adjacent to
the south property line may be eventually used by land owners to the south (after
redevelopment of lands to the south), it seems appropriate to not construct this sidewalk to
allow the developer an opportunity to install landscaping in this area to help temporarily
buffer the entry road from the neighbors to the south.
2.5U This project is an infill project. We believe the use proposed will improve the vicinity by
completing the development process in the area and preventing the property from an
inevitable conversion to an unused weed patch.
Section 5 Mixed-Planned Use Develo{Jment - Goals
5.16U Development requires a conditional use permit for approval of a planned unit development.
5.17U The development proposes to develop as compatible mixed uses - limited office along the
Locust Grove frontage and townhouses for the remainder of the property.
5.18U The entire perimeter of the project will be fenced or screened by landscaping. The north,
west and south boundaries will be constructed with sight obscuring 6-foot high fence. The
frontage along Locust Grove will be heavily landscaped to enhance the appeal from Locust
Grove.
5.19U Not applicable for this project.
5.20U Not applicable for this project.
5.21 U Not applicable for this project.
Design Process
Few development options exist for this property. The site's only access must be provided from
Locust Grove Road. The alignment of the access at Locust Grove must occur at the south property
line due to conflicting, existing intersections up and down Locust Grove. The cost of infrastructure
improvements and the potential impact to neighboring properties prevent the access road from being
constructed entirely along the south property boundary. No access to the west end of the property
exists; therefore the intemal road must end in a culdesac.
Placing the road near the center of the property minimizes the lot depths along the road preventing
a reasonable land configuration for single family detached homes - attached townhouses becomes
the best viable option for development.
To minimize the impact of the development on neighboring developments, the townhouses are
restricted to single story height. Although architectural features such as dormers or windows may
be constructed in what would appear to be a second story, these features are only to visually break
.' up the roofline.
Neighborhood Meeting
A neighbomood meeting was held at 7:00PM on Thursday, November 18,1999. A preliminary copy
of the proposed development plan was available for review by interested neighbors.
....
,)
Attendance at the meeting was eighteen, four of which were associated with the development to
answer questions.
The meeting concluded at approximately 8:30PM.
Streets & Access (Items 6s & 12 of the Preliminary Subdivision Plat Checklist)
Preliminary discussions regarding this site have been held with the Ada County Highway District. As
noted above, due to conflicts with existing intersections up and down Locust Grove, access to the
site needs to occur along its southerly boundary. This public road may serve as a future connection
to adjoining land to the south, should it redevelop.
The proposed street section is located entirely within 42 feet of right-of-way and is 29 feet back to
back of curb. Adjacent 5-foot wide sidewalks are proposed except for a distance along the south side
of the entry, west of Locust Grove. No lots front on this section, and we are requesting that sidewalk
not be constructed along this portion of the road. This will permit the developer to temporarily
landscape the area between the back of curb and the property line to help screen the project entry
from neighbors to the south.
The road length will be approximately 850 feet. This exceeds the maximum permitted length and a
variance is requested.
It is projected that this development will create approximately 300 new vehicle trips per day to Locust
Grove Road - 50 from the limited office site and 250 from the townhouses.
Irrigation
Any irrigation waters that run through the property will be continued. Ditches that need to remain will
be piped.
A pressurized irrigation system will be installed to serve the development. Water will be provided
from surface waters of the Nampa & Meridian Irrigation District and/or a small well.
Drainage
All present drainage patterns and flows will be preserved and protected within the development.
Adjacent to the site, just north of the north property Hne, a Nampa & Meridian Irrigation piped
drainage ditch exists. This facility is the Jackson Stub Drain.
This development is naturally low in elevation. Off-site drainage patterns directly impact the site.
Development will have to continue these patterns to prevent flooding of the property or to adjacent
properties.
~n ACHD storm drain enters the property at the extension of Willow Brook Drive to the west and then
runs north to the Jackson Stub Drain. This facility will be protected and utilized for pre-development
discharge of on-site storm run-off as it has historically occurred.
The project will detain storm flows in a shallow reservoir area on the north side of the culdesac. This
area may serve as a multi use area for stann water retention and as a visual amenity for the project
. .
Specific approvals cannot be secured until detailed construction plans are completed and reviewed
4
by the ACHD.
Groundwater
The attached report describes groundwater depths or 3.5 feet or more.
Floodplain
The area is shown on FEMA community panel 16001C032G. None of the site is within a floodplain
(Zone X).
Water & Sewer
Water is currently planned on being extended from Locust Grove.
Sewer is planned to be extended from Willow Brook Drive to the west of the project.
Fire Service
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.
Access issues have been preliminarily discussed with the fire district.
Other Utilities
Public utilities, such as power and communications, will be extended underground into the project.
Requested Variances (Item 7 of the Preliminary Subdivision Plat Checklist)
The following variances are requested to be approved with the development approval for this project.
The physical shape of the site, surrounding developments and the development proposal creates
these variance requests. Items are applicable to the R~8 zone requested.
Item Proposal Reauirement
Lot Area 3,375 SF 6,500 SF
Lot Frontage 29 feet 50 feet
Length of Public Road 850 feet 450 feet
Front Yard 20 feet from Sidewalk 20 feet from Lot Line
Interior Side Yard o feet (for common walls) 5 feet per story
Rear Yard * 10 feet 15 feet
Rear yards along the north boundary are requested to be smaller due to the converging lines of the
north boundary. This is a reasonable request due to the excessive depths of the back yard wfthin the
Gem Park Subdivision due to the Nampa & Meridian Irrigation easement.
5
Sidewalk Construction Variance
In addition, a portion of the sidewalk, as previously discussed in the narrative and as shown on the
preliminary plat, is being proposed to be deleted.
Fencing
The applicant intends to fence the entire perimeter of the project (north, west and south boundaries)
with a 6-foot high white vinyl privacy fence.
..'
6
....~
~_.
RECORDED - REQUEST OF
FEELDEPUTY
ADA COUNTY RECORDER
J. DAVID NAVARRO
eO!SL IDAHO
Cf'j-6CG3 LK /Ct1/f
1999JL26 PH 1:34
STEWART TITLE
WARRANTYDEED
For Value Received, GRANT B. RICHARDS AND CARROL D. RICHARDS~ husband
and wife, the Grantors, hereby grant~ bargain, sell~ convey and warrant unto CENTERS
CONSTRUCTION, INC.~ an Idaho corporation, the Grantee~ whose current address is 327
Meridian Street~ Meridian, ldaho, 83642" the following described premises, to-wit:
As per legal description attached hereto
TO HAVE AND TO HOLD the said pJ:emis~s, Vlith their appurtenances unto the said
Grantees, their heirs an9. assigns forever. And the said Grantors do hereby covenant to and with
the said Grantees, that it is the owner in fee simple of said premises~ that said premises are free
from all encumbrances: and that they will warrant and defend the same from all lawful claims
except water rights chums, unpaIented mining claims, reservations or exceptions in mining
patents. assessments o.r easements of the Nampa-Meridian Irrigation District. public utility
easements. an agreemep.l between the Nampa-Meridian Irrigation District and Mountain States
Telephone and Telegmph Company. an encroachment of a wooden fence located on the north
line of the subject property~ an encroachment of a barbed wire fence located on the south line of
the subject ptppeIty, North Locust Grove Road and a ditch located on the east boundary ofthe
subject properly, and ~ower lines located on both the east and west boundaries of the subject
prop arty.
.\N'" .
. DATED"tl,;s L day of July, 1999'/J /J r\ . . . .
&~za.~ ~~~
GRANT B. RICHARDS CARROL\.R.: RICHARDS .
c. ,",'c
STATE OF IDAHO )
) s-
County of Ada )
On this ~y of July. 1999, before me, the undersigned, a Notary Public in and for
the said State~ person~l1y appeared GRANT B. RICHARDS and CARROLL D. RICHARDS,
knO'lXlll to me and/or identified to me on the basis o~ satisfactory evidence" to be the person(s)
whose names are subscribed to the within instrument and acknowledged to me that they executed
the same. .
!l61l..........
..........~-eLAGe ....;.;
~.. ....'\.0 ............)t .#
... ~r. --. ..,.
:~.l ~<{ '\ "
€ ci i ~"t' I U \ ~ ':
~ . 0 A .... ......:
-..... I~"" ......,A
:p!..~ 2; .~ .0=
.. -1. O. .\. I... :
~ "1. .. ~'V":<1.:
...... ./ Cle. .",' 0 .4".
""...... *' 00.....- ~ ,,/
ff.,. 51/'''../
,"'-..... -. ,- .."'~
Npt tbEe fa .
llesi mg at Jt/ /'tAt//! . I;(}
Commission expires' / / :J/o if /::Jr-A'5
..
Order Number: 99005003
COMMENCING AT THE SOUTHEAST CORNER OF THE
SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EApT,
BOISE MERIDIAN, WHICH POINT BEARS
SOUTH 000 08' 20 WEST, 1.320.42 FEET FROM THE
QUARTER SECTION CORNER COMMON TO SECTIONS 5 AND 6,
TOWNSHIP 3 NORTH, RANGE 1. EAST, BOISE MERIDIAN,
SAID POINT BEING THE POINT OF BEGINNING
THENCE
SOUTH 890 52' WEST ALONG THE SIXTEENTH SECTION LINE,
981..97 FEET TO A STEEL PIN; THENCE
NORTH 257.37 FEET TO A STEEL PIN ON THE SOUTHEJU,Y BANK OF
A CERTAIN DRAIN DITCH; THENCE
SOUTH 81. 0 35' 30" EAST ALONG SAID DRAIN DITCH, 298.92
FEET TO A STEEL PIN; THENCE
NORTH 890 21.' 50" EAST ALONG SAID DRAIN DITCH, 686.83
FEET TO A POINT ON THE SECTION LINE COMMON TO SAID
SECTIONS 5 AND 6; THENCE
SOUTH 000 08' 20" WEST ALONG THE SECTION LINE, 21.9.00 FEET
TO THE POINT OF BEGINNING.
\.
:f;:~
MATERIALt
TESTING &
INSPECTION
December 30, 1999
Page # I of 4
o Environmental Services
o Geotechnical Engineering
o Construction Materials Testing
o Special Inspections
\\ad rn i n-~c-drive\data\99 reporl\OO 1-3 OO\b99227 g\gco tech .doc
Centers Development
3770 South Linder Road
Meridian, Idaho 83642
Attn: Mr. Lee Centers
Re: Limited Soils/Groundwater Investigation
Proposed Grove Run Subdivision
Meridian, Idaho
Gentlemen:
In compliance with your instructions, we have conducted a limited geoteclmical investigation for the
property listed above. The results of that investigation are contained in the following letter report. The focus
of the investigation was the determination of relative hydraulic conductivity rates for the local shallow soil
profile, and an estimation of the seasonal high groundwater level. On December 28, 1999, MTI conducted
the field exploration to assess these engineering characteristics. This was accomplish through an
investigation by test pit, and included installation of two piezometers for possible future monitoring. A
piezometer was placed in each test pit advanced, within the eastern and western most portions of the site.
We appreciate this opportunity to be of service to you and we look forward to working with you in the future.
If you have any questions please call us at (208) 376-4748.
Respectfully Submitted,
Materials Testing & Inspection, Inc.
7446 W. Lemhi S1., Boise, 1083709
E-Mail mti@cyberhighway.net
208 376-4748 Fax 208 322-6515
www.cyberhighway.neV-mti
MATERIALi
TeSTING &
INSPECTION
December 30, 1999
Page # 2 of 4
o Environmental Services
o Geotechnical Engineering
o Construction Materials Testing
o Special Inspections
\\admin-2 \c-dri vc\data \99rcport\OO I -3 OO\b'9 9227 g\geotech.doc
Introduction
This report presents the results of the limited geotec1mical investigation and analysis in support of data
utilized in the design of the specified development The Grove Run Subdivision can be found in the eastern
portion ofthe City of Meridian, Ada County, Idaho, and in the SEl/4 NEl/4 SEl/4 of Section 6 Township 3
North Range 1 East, Boise Meridian. The project will consist of a residential subdivision with an
independent stonnwater detention system.
Soil Permeability
Soil pemleability--a measure of the ability of a liquid to move through a soil--was not tested in the field. In
this report this parameter is approximated by soil type and gradation. Disturbed native soils, or fill materials
noted at the surface of test pit 1 can vary widely in expressed hydraulic conductivity rates because of
differing soil types and placement practices. Conductivity rates for the native lean clay-silt soils encountered
near surface will generally be less than two inches per hour. With a gradational introduction of sand to these
fine grained soils the hydraulic conductivity can easily double to six inches per hour. Beneath these fine
grained soils we unearthed silty sands grading to silty gravel at depth. Rates for these soils can vary from six
to fourteen inches per hour. A high probability of encountering a hardpan layer approaching near zero
conductivity exists across the site. 111ese indurated soils were usually associated with the silty sands. Silty
gravels below are relatively free draining, exhibiting rates commonly between eighteen to twenty four inches
per hour.
At the time of our investigation, groundwater levels were noted at relatively shallow depths of seven feet and
six feet, for test pits 1 and 2 respectively. Groundwater is presently declining to a seasonal low attained after
the fall irrigation high, and prior to elevated levels associated with spring time runoff. Evidence of previous
high levels exists as a weak induration of soils between three and five feet of depth. The expression of these
calcified soils are quite different within test pits 1 and 2, and deviations for high water elevations and
character may be the result of varied soil permeability. Estimated seasonal high ground water levels may be
as shallow as three feet, and are thus possibly restricted from further upward movement by the fine grained
soil horizons. These horizons may actually behave as an aquitard, with a buildup of hydrostatic pressure
exhibited by groundwater stabilizing at higher elevations then when first encountered.
7446 W. Lemhi St, Boise, ID 83709
E-Mail mti@cyberhighway.net
208376-4748 Fax 208 322-6515
www.cyberhighway.neV-mti
MATERIALL
TeSTING &
INSPECTION
December 30, 1999
Page # 3 of 4
o Environmental Services
o Geotechnical Engineering
o Construction Materials Testing
o Special Inspections
\mdmin-2\c-drivc\data\99rcport\OO 1- 300\b99227 g\geolech.doc
GEOTECHNICAL
INVESTIGATION
TEST PIT LOG
Test pit Log #: ONE Date Advanced: 12/28/99
Excavated By: Lee Center's Supplied Backhoe
Depth to Water Table: 7.0 Feet
Logged By: Kevin L. Schroeder
Location: See Following Site Plan
Depth to Bottom Of Role: 8.0 Feet
I Depth Field Description uses Type Estimated
(Feet) K value
Fill; Light Brown Silt gravel-Silty Sand, Dry
0-0.5 to Slightly Moist, Loose to Medium Dense, Fill Fill materials can vary
Organic Materials Throughout widely
(GM-SM)
Red Brown Sandy Silt, Slightly Moist,
0.5-3.5 Medium Stiff to Stiff ML generally rn'o to six inches
per hour
Brown to Dark Brown Silty Sand, Slightly
3.5-6.5 Moist to Moist, Medium Dense, Thin (< 3") SM generally six to fourteen
weakly indurated layer of calcium carbonate inches per hour, however
cementation at approximately 5 feet of depth because of cemented
materials, rates could
approach zero
Light Brown to Reddish Brown Silty Gravel,
6.5-8.0 Moist to Saturated, Medium Dense to Dense, GM generally eighteen inches
Subrounded to rounded gravel clasts to per hour and slightly
minus 4 inches in size, of predominately of greater
granitic origin
7446 W. Lemhi St., Boise, ID 83709
E-Mail mti@cyberhighway.net
208376-4748 Fax 208 322-6515
www.cyberhighway.net/-mti
MATERIAl~
TESTING &-
INSPECTION
D~cember 30. 1999
Page # 4 of 4
o Environmental Services
o Geotechnical Engineering
o Construction Materials Testing
o Special Inspections
\\admin-2\c-drive\data \99 rcpol1\OO 1-3 OO\b99227g\gcotcch.doc
GEOTECHNICAL
INVESTIGATION
TEST PIT LOG
Test pit Log #: TWO Date Advanced: 12/28/99
Excavated By: Lee Center's Supplied Backhoe
Depth to Water Table: 6.0 Feet
Logged By: Kevin L. Schroeder
Location: See Following'Site Plan
Depth to Bottom Of Hole: 8.0 Feet
Depth Field Description uses Type Estimated
(Feet) K value
Dark Brown Clay-Silt, Dry to Slightly
0-3.0 Moist, Medium Stiff to Stiff, Organic CL-ML less than two inches per hour
Materials Throughout
Red Brown to Light Brown Silty Sand,
3.0-4.0 Slightly Moist, Medium Dense, Weak SM generally six to fourteen inches
indurated layer of calcium carbonate per hour, however because of
cementation throughout cemented materials, rates
could approach zero
Reddish Brown Silty Gravel, Slightly
4.0-8.0 Moist to Saturated, Medium Dense to GM generaIly eighteen inches per
Dense, Subrounded to rounded gravel hour and slightly greater
clasts to minus 4 inches in size, of
predominately of granitic origin
7446 W. Lemhi St., Boise, fD 83709
E-Mail mti@cyberhighway.net
208 376-4748 Fax 208 322-6515
www.cyberhighway.netJ-mti
$. & vrt. 8~ #nc-. 5505 W. Franklin Road. Boise, Idaho 83705-1055
Wesley Subdivision
. Boundary & Annexation
Land Description
Meridian, Idaho
A portion of the northeast quarter of the southeast quarter of Section 6, Township
3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly
described as follows:
Commencing at the southeast comer of said Section 6, which bears SOoo10'20"E,
2,641.31 feet from the east quarter corner of said Section 6; thence NOooi0'20"W,
1 ,320.19 feet (formerly described as NOQo08'20"E, 1,320.42 feet) along the easterly
boundary of said Section 6 to the southeast corner of the northeast quarter of the
southeast quarter of said Section 6, which is the Real Point of Beginning:
Thence S89030'00"W, 981.92 feet (formerly described as S89052'W, 981.97
feet) along the southerly boundary of the northeast quarter of the southeast quarter
of said Section 6 to the southeast corner of Meridian Place Subdivision No. I, as
shown on the official plat thereof on file in the office of the Ada County Recorder;
Thence NOOo07'OO"W, 259.32 feet (formerly described as North, 257.37 feet)
along the easterly boundary of said Meridian Place Subdivision No. I to the
southwesterly boundary of Gem Park Subdivision, as shown on the official plat
thereof on file in the office of the Ada County Recorder;
Thence S81053'30"E, 298.93 feet (formerly described as S81035'30"E,
298.92 feet) along the southwesterly boundary of said Gem Park Subdivision;
Thence N89003'50"E, 685.90 feet (formerly described as N89021'50"E,
686.83 feet) along the southerly boundary of said Gem Park Subdivision to the
easterly boundary of said Section 6;
Thence SOoo10'20"E, 219.79 feet (formerly described as SOooOB'20"W,
219.00 feet) along the easterly boundary of said Section 6 to the Real Point of
Beginning.
Comprising 5.029 acres, more or less.
Subject to easements or right-of-ways of record or apparent.
Date,'
26 November 1999
Prepared By:
Joseph D. Canning, PLS 4116
.
ENGINEERING
.
PLANNING
.
ZONING
PHONE: (208) 364-2277
FAX: (208) 364-2406
I BUILDING
ADA COUNTY
DEVELOPMENT SERVICES
650 MAI!\l STREET, BOISE, IDAHO 83702
December 8, 1999
Joe Canning PE/LS
B & A Engineers lnc
5505 W Franklin Road
Boise 10 83705-1055
RE: Subdivision Name Reservation - WESLEY SUBDIVISION
Dear Joe:
At your request I will reserve the name "WESLEY SUBDIVISION" for you to use for your
project. I can honor this reservation only as long as your project is in the approval
process. Final approval can only take place when the final plat is recorded.
Sincerely,,/')
(.-.... ,,' /
[ /I /'.... /~ J
\... .! ./ l . / %uLilt-/
/,,;-;:.-cr;..0--V p 1/
i/ John E. Priester, P.E.L.S.
1/
County Engineer
JP/jp
z+~
~Il ::::
. 1
- ~
.;; -
~ ~
~
..... .. - -
~~; ~I im~J ~~ ~~
~... .~ '::~;; :z::~~ "'-} -!:
-: ~; :=-:: ~:::;""::~.( :::. ,,=
!~ 3~ ~~~ :[ .~~H ~~ ;~
~Ill ~ m m11il i! JII
~ ;~ ~~ ii~ ml~';~ 1: ::::
~ !~ ~~~ ~mm ~ ni
~, 1= ~.o 0':.1::1.:- -t~ :::~
!1 "i :;l ;~i~~; i1 ;~~
.... t!""I .::........ "'C... .........._ ...._ "Ill...
"
...... ... .;..:. .;..;
lOa: 0...
'!~~i~~ ~~~~ ~
i!~3!~ 3~~~~"~~.
::
~ ~ ~ _.l__:~o'
",:.1: _
~,' ~.'_~. .i ';:::~~
~ - ... J:::::
-: ~ ~i s ~ ;i~~
~ f~jnj t~d~~h! ~~i
.. --- 01- .~_o i. _U~
~~;:!i.:. ~.it,;.::~.;.a.: .!
;:;
.
.
"
i~ .~~ ~ ~!~~
i~ 9. ..... O!__.
i! ~~ tr ;: ii~
el J:a t- -
i~ .. ~......-
;! .~ o!o3
.;;! !=~ i= ~~
$~ .. d~ ~y~~;
-i! Ei afl .:1.:".-;:
1<'
I
-;; II
i! 1
~~ ~
a; m
~.,. rl' .LK.I1I"'- .
.;
~;g '"11 hi ~~
d. ~ ~. Si
! "I::: i j 3 .
~ ~ d ~ ~ I I ! ~~: ii !i! i:
! l S iJ n ~ _ I~!! 10 =~~ ~i =~:;; 5i
~ 1 ~ <1 ! I!! ~ ~ i~ ~ ! ll,,:' ~! ij,,; ~i
! I 11 ~'l n d ! ~ ~! ~ ~ !~ h
JJi niIlHi;I~n g~ ~~
~ 1111 Hi.w. t It
1<0]' g ~:.nl'
HYt '"111'''
t' . . . 'i . . .. 'i - . .. z' .. .. :,' H . '.: .. . .:
':= ~ ~ ~ ~ ;
. . .. ~ . 4 .
. ~ ~ ~ , .;. . . .. . "." .. _ . . "." . . . . .. 4 .. . ~ . 4 .. .. .......
. . .
.-....,.-----.-.
.. . . .
.... . ..._.. .... _-. .... _, ... 4' -P."'" _............
.. .... - - .
: ~6~~; ~1fS :
;..':-~.)f,!!~.:.
. . .
.. .. .. . ~ + , . .. .. ~ .. ..
. . .
: _~/kf i!jJ :
.~
:.-...--\..-----.-
. . .
..............+..
. . .
. - .
........ .. --....... -- - ..........
;.........1tf.
: ~.;it:
. . .
..-.-....._....
. . .
~ . . .. .. .. ... .. .. .. .. ~.. .. ..
. . .
'1'.....-..........
. - .
: .. .. . ~ .. . - .~--!
I
. . -
,... --,... ..~--~
. _ : Ii
:. -- ..,. ... '.' .~.
. ~
: e
. . .:.
~ ... . -:;- ... . ->..! - ~ :-.. -.-
: : nI:~f~
:... ..;J;.'J!!.~~f .
. . .
: . - . . . ~ '''1;-:'I'l% . .
. '~;i!.l:ii
: : .. .'r l'
. ..~. "t'~:'" --:.. -';
: 5:: : :
...;;; .. ..
~m:::T:~:;
!u.! - ,
s~~ .. ..
il~"":" .../:
!;... .. ..
l~ . .
.-:......:.--('
. . .
......,.....*--
- . .
. '." .. .. . ~ 'i - . *"'....
~.. . . - - :-.. . .,..1:
~..... ~.. -u-.:r:
~ ~ .. . . .. :: .. . ........:
:1
~~..
:1
.~
j...
...........,..r:.
d.n:; -. ...,...t:
- .. . . . ~ .. . .".....1:
..... . ~.. . ...or:
. . .
......,,,.--...--.. ........
.. -..:... ""..
... -;.... y.~:
- - .
. . . .. .. . . .. . . .. r , . + ~
- .. .. .. ..
: .i'~a
: :...0 ~ _
:. ..... ,..
. . .
- . .
............+..L
~ . ~ . -
.--;...,....:
- - . :: . . ....:
: . . . . . ~ . ~ . . .:- . . . . -:~ - . . . -: - - - - . : . .1W--9o:
L_..L. .t. .J...J....L...
<:: .
o ~_ a
~ ;R i ,
:>.;'Jf ~
- 1..... "II 'b
l:l <tiJ n.
~ :: - t~; i
~ -ki~ .~~ '-
')..,;: ..
).. ,liP ~ ·
'" ;.~ IU
~ ,h
lU ~z..
;;::
- :!
:; ~~
c: i:i
-;. !;!!
~ ff
i~ B
, !I !I
i~ 1 --
nB
~ ... ..... .. .....
i n
!~ ~ ! !
f n
j: ! ~
~ :. " " "
~
t, i
~! ~! ~ ~
i!1 . . . .
..... ... - - ..
llE
in @OO.
....
"Il
0)
0)
I
0)
....
0)
.......
"Il
<::.
Oo..l
'-
'<l
<::.
1>..
0)
"Il
~
J
J
j
~
'<l
<::.
'<l
'<l
~
"l
'\l
lI'l
N(
,..,
.':,~:.J
-~\
UK.
/'
I
-:j, 4
1;$
. ,ORRINGTCW CT.
~ \:5l-r'-
(; ,-." I B
<::"' I
7 J:
'_.J -.,
; ?"
or--'-
...
"'i'
\:.-
...;..
5T
Tf7l~ I
~ . I l.i..
'I. .
I I ,
I! .
~..i..._
4'
::~=.:::..;
,
,
I,-l-N~__C ~oi'- _-~_7 \ _
"---(:~ I , I
~
J '<'
'C SITE
PROJECT
. f'-
0 !'; ../'
It t 0
!:J c:r 0 -~ ct
V 't.
o -'-v>-
0 ~. ;~ I.j
;. CAROL
0
=:;::::;
.4~,
,0.'
t=:
J _
t:::- _
f::-
;.
~
@---.
/ "-.--
2
~. ;>
.s ,.
r'
i~
B
AREA MAP
WESLEY
SUBDIVISION
JANUARY 2000
SCALE: 1# 300'
& A ENGINEERS, INC.
'\..
",I
:;;;
.r.-....."r....., "--.-'r.~ - J
, J'J! ~ IM.~ ~'N s __~_
.......- ~-,-
N
(0
w.
E
E. LOOP LN.
S sue.
,~z.~ " /
l' p,- .
A.\lES '"
FiECElveIf,
NOV 2 9 1999
uonelooSSIi
Communuy PlannIng 6u!UlreJd Al!unwwoQ
AssoClatlon
"J
3
I ' I
66G! 6
--
r
!
o 3 ^ I 3 0 3:8
'-'
~
WESELY SUBDMSION
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by L.C.
DEVELOPMENT, INC., hereinafter referred to as l1Declarant."
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in City of Meridian,
County of Ada, State ofIdaho, which is more particularly described as:
Lots 1 through 32, Block 1 Wesely Subdivision
NOW, THEREFORE, Declarant hereby declares that all of the properties
described above shall be held, sold and conveyed subject to the following easements,
restrictions, covenants, and conditions, which are for the purpose of protecting the value
and desirability of, and which shall run with, the real property and be binding on all
parties having any right, title, or interest in the described properties or any part thereof,
their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean and refer to Wesely Neighborhood
ASSOCIATION, INC., its successors and assigns. Section 1.1 Incomoration by
Reference. Any and all provisions contained in the Articles of Incorporation and Bylaws
of Wesely Subdivision Neighborhood Association, Inc., as amended from time to time
are incorporated herein and made a part hereof.
To the extent any provision of the Covenants, Conditions and Restrictions for
Wesely Subdivision conflicts, modifies, or amends any provisions of the above
referenced Articles of Incorporation or Bylaws incorporated herein, the provisions of this
instrument shall control.
Section 2. "Owner" shall mean and refer to the record owner, whether one or
more persons or entities, of a fee simple title to any Lot which is part of the Properties,
including contract sellers, but excluding those having such interest merely as security for
the performance of an obligation.
Section 3. "Properties" shall mean and refer to that certain real property herein
before described and such additions thereto as may hereafter be brought within the
jurisdiction of the Association.
WESELY SUBDIVISION DECLARA nON OF COVENANTS, CONDITIONS AND RESTRICTION.
Page 1
Section 4. "Common Area" shall mean all real property (including the
improvements thereto) owned by the Association for the common use and enjoyment of the
Owners.
Section 5. "Lot" shall mean and refer to any plot ofland shown upon any recorded
subdivision Map of the Properties with the exception of any Common Area, if there is any.
Section 6. "Declarant" shall mean and refer to L. C. DEVELOPMENT. INC.,
their successors and assigns if such successors or assigns should acquire more than one
undeveloped Lot from the Declarant for their purpose of development.
Section 7. "Phase" - Each parcel ofland subdivided using the same name
will be identified by a consecutive number beginning with No. 1 and will be known
as a "Phase."
ARTICLE II
GENERAL COVENANTS, CONDITIONS, AND RESTRICTIONS
Section 1. tI Approval of Plans" - No building, fences, wall, structure,
improvement, or obstruction shall be placed or permitted to remain upon any part of
said properties unless a written request for approval thereof containing the plans
and specifications, including exterior color scheme, has been approved in writing
by Architectural Committee.
The decisions to approve or disapprove proposed plans rest entirely with the
Architectural Control Committee.
Section 2. "Floor Area" No floor minimum is required; however strong
architectural control will be exercised
No split entry homes, or moving of pre-built homes into the Subdivision, will
allowed.
No residence shall be in excess of two stories above ground. Two story homes on
comer lots must be transitional plans.
No portion of any building, such eaves, steps, or open porches, shall be
allowed to encroach upon another lot'.
Section 3. "Garages and Off-Street Parking" - All area, requirements
shall be exclusive the garage area and shall be well constructed of good quality
material and workmanship all houses shall have an enclosed garage which holds no
less than two cars and no more than three.
All Lots shall be provided- with a driveway and a minimum of two off -
street automobile parking spaces within the boundaries of each Lot.
Section 4. "Value" - No minimum dollar amount is required, however,
strong architectural control will be used to ensure a positive streetscapes
appearance.
Section 5. tlExterior Appearance" - Plans for each house in the
Subdivision will be individually considered by the Architectural Committee for
approval of exterior appearance, including style, roof, colors, and overall
appearance. Decorative, windows with rounded tops bay windows, or pop-out box
windows, if they are incorporated into the roofline, are encouraged. Box houses
with small front windows will not be approved.
Each house shall have brick, stone, or stucco on the front exposure.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTION.
Page 2
Section 6. "Roof' - Broken roof lines, gables, hip roofs, etc. are strongly
encouraged. 25 year architectural shingles are required and only to be black or gray in
color. No light colors of shingles will be allowed. Before start of construction the
Architectural Committee must approve roofing materials, including colors. No metal or
gravel roofs will be allowed.
Section 7. "Colors" - Exterior colors of earth tones or light blues or grays shall
be encouraged for the body ofthe house. Bright or bold colors or very dark body colors
shall be discouraged. Dark roof colors are encouraged. Approval of exterior colors,
including roof, must be obtained from the Architectural Committee.
Section 8. " Photo Sensitive Lighting" - All front exterior lights of every home
will have a direct wire to a photo sensor, which will automatically turn on the light at
dusk and keep them on until dawn.
Section 9. "Landscaping" - Landscaping of front yard, and side yard adjacent to
a street, must be finished within completion of home or occupancy, whichever comes
first. Landscaping is to include an automatic sprinkler system and sod in the front yard,
and is to include both sides of the driveway. Rock or gravel may not be used to provide
parking adjacent to driveways.
There will be one leaf tree(s) in the front yard, either ornamental tree of at
least 2" caliper or pine trees of at least six (6) feet in height, (10) five-gallon plants,
and or shrubs. Berms and sculptured planting areas are encouraged. Grass shall be
planted in the back yard within six months of occupancy.
In the event of undue hardship due to weather conditions, this provision may be
extended for a reasonable length of time upon written approval of the Architectural
Committee.
Yards and landscaping must be kept well maintained.
Section 10. "Fences" - Fences are not required. If a fence is desired, the
Architectural Committee prior to construction shall approve plans for it. Fences
shall be of good quality and workmanship and shall be properly finished and
maintained. Fences may be built of wood, such as 6-foot dog-eared cedar. Chain link
fences are not allowed.
Fences shall not be built closer to the front of the lot than five (5) feet behind the
front comer of the house on either side. Fences shall not extend closer than twenty (20)
feet to the front street right of way. On comer lots, fences shall not be. built closer than
twenty (20) feet to any side street right of way without the express approval of the
Architectural Committee. Fences must comply with City ordinances.
The location of fences hedges, high plantings, obstructions, or barriers shall be so
situated as not to unreasonably interfere with the enjoyment and use of neighboring
properties and streets and shall not be allowed to constitute an undesirable, nuisance, or
noxious use. The determination of the Architectural Committee shall be binding on all
parties as to whether an undesirable, nuisance, or noxious use exists.
See "Dog Runs" (Section 11) as they pertain to fencing requirements.
See "Vehicle Storage" (Section 12) as it pertains to fencing and the amount of
setback required if the vehicle height extends above the fence.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 3
Section-II. "Dog Runs" - Dog runs may be permitted along a side fence, but must
be no closer than ten (10) feet away from the back lot line if that lot line is the boundarY
of a common area. Dog runs must be not more than 61 high, and they must be screened
from neighbors! view.
The Architectural Committee must approve dog runs before construction is
begun.
Section 12. "Vehicle Storage" - Parking of boats, trailers, motorcycles, trucks,
truck campers, and like equipment, or junk cars or other unsightly vehicles, and like
items, shall not be allowed on any part of said properties nor on public ways adjacent
thereto excepting only within the confines of an enclosed garage or other approved
enclosure, and no portion of same may project beyond the enclosed area. Parking of
automobiles or other vehicles on any part of the properties or on public ways adjacent
thereto shall be prohibited except within garages, carports, or other approved areas.
Garage driveways shall not be extended on either side for additional parking without first
securing Architectural Committee approvaL For the purpose of this Section, an approved
area may be beside the house, but not on a street side, and consist of a six (6) foot solid
board fenced enclosure. If the height of the stored item is greater than the height of the
front fence, the item must be stored two feet farther from the front fence for each part of
a foot the item extends above the fence, and the item must be stored two (2) feet away
from any side yard fence for each part of a foot it extends above said fence, but in no
~ase will the item be allowed to be stored if its height is greater than nine (9) feet or
length greater than twenty-five (25) feet. The Architectural Committee shall be the sole
and exclusive judges of approved parking areas.
Section 13. "Animals" - Keeping or raising of farm animals or poultry is
prohibited. All dogs and cats or household pets kept on these premises shall be fed and
cared for and shall be adequately fenced so as not to annoy or trespass upon the use of
the property of others.
Dogs shall not be allowed to run at large. No more than two cats or two dogs or
one cat and one dog may be kept at one time, except that a litter of young may be kept
until eight (8) weeks old. See "Dog Runs" (Section 11).
Section. 14. "Antennae and Satellite Dishes" - Installation of radio and/or
television antennae or satellite dishes is prohibited outside of a building without written
consent from the Architectural Committee which would require them to be screened
from the street view.
Section 15. "Setbacks" - No building shall be located on any Lot nearer than 20
feet from the front lot line and 15 feet from the rear property line, nor nearer than 5 feet
from the side lot lines. On comer lots, no building shall be located nearer than twenty feet
(20') from the side street line.
Section 16. "ACHD Sight Obstruction II - No fence, hedge, or shrub planting will
be allowed which obstructs the 40 feet sight triangle at street intersections. Landscaping
in this sight triangle area must be kept lower than three feet or above seven feet in height.
Trees within that triangle must have the foliage line maintained at sufficient height to
prevent obstruction of such site lines.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 4
Section 17. "Additional Easements" - In addition to the easements shown on
the recorded plat, an easement is further reserved five (5) feet on each side of all other
lot lines for installation and maintenance of utilities, irrigation, and drainage.
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 the utilities or which may change the direction of the flow of the water
through drainage channels in the easements. The easement area of each Lot and all
improvements in it shall be maintained continuously by the Owner of the Lot, except
for those improvements for which a public authority or utility is responsible.
Section 18. "Construction Time" - Construction of any residences in the
Subdivision shall be diligently pursued after commencement thereof, to be completed
within twelve (12) months.
Section 19 . No building shall be moved onto the premises.
Section 2-Q. "Type of Residence" - No shack, tent, trailer house, or basement
only house, shall be used within the Subdivision for living quarters, permanent or
temporary .
Section 21. "Outbuildings" - one outbuilding per lot will be allowed no
outbuilding larger than 150 square feet. All outbuildings shall be constructed of quality
building material, completely finished and painted on the outside, and shall be of the
same siding, roofing, and colors as the house. The Architectural Committee must
approve all outbuildings.
Section 22. "Offensive Items" - 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. Weeds shall be cut to less than four (2)
inches in height.
Section 2-1. "Conducting Business on Properties" - No business shall be
conducted on the above properties that cannot be conducted within the residence of the
Owner. Any business conducted within residences in this Subdivision must comply
with City Ordinances and requires a conditional use permit. No signs shall be installed
to advertise said business. No oil exploration or development of any nature or kind or
mining exploration, development or structure shall be permitted upon the Lots in this
Subdivision.
Section 24 "Irrigation Water for Lawn and Yard Sprinkling" - The water
source for sprinkling of lawns and other outside areas on Lots and for Common Areas
will be pressurized irrigation water which will be provided to each Lot and each
Common Area. This pressurized water will not be potable, drinkable, and will not meet
safe drinking water standards established, from time to time, by the federal, state,
and/or local governments. Each Lot Owner shall be responsible to ensure that
irrigation water is not consumed by any person or used for culinary purposes.
Section 25. "Sewer Locations" - All bathroom, sink, and toilet facilities shall be
located inside the dwelling house or other suitable appurtenant building and shall be
connected by underground pipe to wet line sewer connection lines which have been
provided to each Lot.
WESELY SUBDIVISION DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS,
Page 5
Section 26. "Signs'! - No sign of any kind shall be displayed to public, view on any
building or building site on said properties except a professional sign of not more than
five (5) square feet advertising the property for sale by an owner to advertise the
property. If a property is sold, any sign relating thereto shall be removed immediately,
except that a "Sold" sign may be posted for a reasonable period following the sale.
Notwithstanding any provision to the contrary, signs of any and all sizes and dimension
may be displayed by the Declarant, without limitation thereto, on Lots owned by said
Declarant. The Declarant, or the Neighborhood Association, may display a sign of any
size and dimension, without limitation thereto, for subdivision identification.
No real estate signs, or signs of any kind, except for subdivision identification,
may be displayed on any Common Area except for the Developer's designated
marketing agent for that Subdivision.
Section 27. "Waste Disposal" - No Lot or building site included within this
Subdivision shall be used or maintained as a dumping ground for waste material.
Incinerators are not permitted. Receptacles for storage of trash, garbage, etc., shall be
maintained in a sanitary and clean condition.
Section 28. I1Construction Equipment" - No machinery, building equipment, or
material shall be stored upon site until the Builder is ready and able to immediately
commence construction, Such building materials must be kept within the property line
of such building site upon which the structure is to be erected.
Section 29. "Damage to Improvements" - It shall be the responsibility of the
Builder of any residence in this Subdivision to leave street, curbs, sidewalks, fences,
tiled irrigation lines, if any, and utility facilities free of damage and in good and sound
condition at the conclusion of the construction period. It shall be conclusively presumed
that all such improvements are in good sound condition at the time building is begun on
each Lot unless the contrary is shown in writing at the date of conveyance or by date of
possession, whichever date shall first occur, which notice is addressed to a member of
the Architectural Committee.
Section 30. The l1Architectural Committee's" decision is final and binding on all
ISSUes.
Section 31. "Annexation" - It is intended that additional phases of Wesely
Subdivision may be annexed or included within the jurisdiction of this Declaration by
Declarant without approval of the Lot Owners. Common Areas included in annexed
phases are for common use of Lot Owners in all phases of the Subdivision and will be
maintained by the Wesely Subdivision Neighborhood Association Owners of Lots in all
future phases of the Subdivision will be members of the Neighborhood Association.
Section 32. l1City and County Ordinances" - Should these Covenants, Conditions
and Restrictions be more restrictive than City and County ordinances, these Covenants
shall control. In the event that the City or County ordinances should be more restrictive
than these Covenants, the City or County ordinances shall control.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 6
ARTICLE III
ARCHITECTURAL CONTROL
11 Architectural Committee" - A cOllllp.ittee of two persons shall act as an
Architectural Committee and shall, prior to any new construction in said Subdivision, be
furnished with one set of detailed plans and specifications of any proposed building to
be located in said Subdivision and shall be allowed fifteen (15) days to review said
plans, drawings, and specifications. The Committee will hold plans until 30 days after
completion. If said Committee shall approve the proposed building, or any modification
or alteration thereof, they shall so indicate with the dating and signing of the set of plans
by a member of the Committee, and their approval shall be construed as full compliance
with the provisions of these Covenants. Said Committee shall have sole discretion to
determine what shall be substantial compliance with said Covenants and other
conditions that may be required by the Architectural Control Committee. No building
shall occupy any portion of said Subdivision without prior consent of said Committee.
The decision to approve or disapprove proposed plans rests entirely with the
Architectural Control Committee.
The initial Committee shall consist of the following:
L.C. Development, Inc. P.O. Box 518 Meridian, Idaho 83680
Brad Minasian J.L. Scott 1311 E. Franklin Road
Suite 102 Meridian, Idaho 83642
208-888-9500
208-888-6978
A majority of said Committee is empowered to act for the Committee. In the event
any member of the Committee is unable to act or fails or desires not to act, the remaining
Committee members shall appoint an Owner of a Lot in said Subdivision to serve on said
Committee, all of whom serve without compensation.
Upon the sale of the last Lot of the last Phase in said Subdivision, the work of the
initial Committee shall be deemed completed, and said Committee members shall then be
automatically released from all responsibilities thereto.
Notwithstanding any other provision to the contrary in the Covenants, Conditions
and Restrictions for this Subdivision, after the Declarant has sold all the Lots in the
properties, and not before, the then seated Directors of the Neighborhood Association
shall automatically become the Architectural Committee. Amending this instrument shall
not affect this provision.
ARTICLE IV
SOLAR ACCESS
All lots in this Subdivision are subject to the Meridian City Solar Access Code
requirements as represented by these special restrictions:
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRlCTIONS,
Page 7
Section 1. "Solar Access Definitions."
A. Exempt Tree: Any pre-existing vegetation as defined in Section 2,
Paragraph B, or any vegetation included on the list of solar friendly vegetation kept by
the City of Boise's Public Works and Community Planning and Development
Departments.
B. Front Lot Line: The line represented by the connection of the most
distant comers of a lot, including flag lots, where said comers are in common with the
boundary of a public or private road. For comer lots, the front lot line is designated on
the plat.
e. North Slope: The gradient, in percent slope, from the average finished
grade of the front 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 from
South to North.
D. Restricted Vegetation: A tree or other vegetation which is either
evergreen, or if deciduous, tends to retain its leaves late in the fall and/or drop them late
in the spring, or has a dense branching pattern which generally tends to block a high
level of the sun's rays during the heating season. Refer to the list of "solar friendly" trees
on file with the Boise City Public Works and the Community Planning and
Development Departments.
E. Shade: That portion of the shadow cast by the shade point of a structure
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 other object, on a shade
restricted lot, which casts the longest shadow (the most Northerly shadow) when the sun
is due South on January 21st at an altitude of twenty-six (26) degrees above the horizon,
except a shadow caused by a narrow object such as a chimney, antenna, utility pole,
wire, etc.
G. Shade Point Height: The vertical distance or height measured from the
average elevation at the solar lot line to the shade 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
East-West line with a pitch which is flatter than 6 feet (vertical) in 12 feet (horizontal),
the shade point will be the cave of the roof. If such a roof has a pitch which 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 adjacent to a solar lot. These lots have some restriction on vegetation types and
structure height.
1. Solar Friendly Vegetation: A tree or other vegetation which is included on the
solar friendly vegetation list kept by the City of Boise's Public Works and Community
Planning and Development Departments.
J. Solar Lot: A lot, which has the following characteristics:
1. The front lot line is oriented within thirty (30) degrees of a geodetic EastlWest
bearing
2. The lot to the immediate South has a North Slope often (10) percent or less
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 8
3. Is intended for the construction of an aboveground-inhabited structure.
K. Solar Lot Line: The most Southerly boundary of a solar lot: the line
created by connecting the most distant Southerly comers of the solar lot.
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 a structure
or to restricted vegetation based upon its height at maturity on the shade restricted it.
Section 2. "Solar Access Covenants, Conditions and Restrictions."
A. Shade Restriction: Each lot within the subdivision which is classified
as a Shade Restricted Lot shall have the following restriction: Any structure or
restricted vegetation (solar unfriendly) cannot cast a shadow higher than an imaginary
fence 11.5 feet above the solar lot line on solar noon of January 21st when the sun is at
an angle of26 degrees above the horizon. This sun 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 15 foot rear yard zoning setback in order that the 11.5 foot high "solar fence"
at the North property line of the Shade Restricted Lot is not exceeded. These standards
assure that a structure built 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,
R Pre-Existing Vegetation: Restricted vegetation (solar unfriendly), which
existed when the subdivision was platted is exempt from the provisions of these
covenants, conditions and restrictions. Any lot, which would be shaded beyond the
allowed shade limit by such vegetation, shall not be classified as a Solar Lot.
C. Slope Exemption: Any lot with an average finished grade slope along the
North-South lot dimension greater than ten (10) percent shall be exempt from the 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 setback: 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.
TABLEl
SOLAR SETBACKS REQUIRED FOR A GIVEN SHADE POINT HEIGHT
Shade Point
Height
10'
15'
20'
25'
30'
Solar
Setback
0'
71 '
17'
27'
37'
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 9
E. Solar Friendly Vegetation: Certain vegetation is considered "solar
friendly" and is not restricted in regards to location on individual lots. Such vegetation is
deciduous, dropping its leaves during early fall and regaining them during late spring.
Such vegetation also has sparse branching which allows a high level of sunlight to
penetrate through. This growth cycle produces shading during summer but allows sun to
penetrate during winter. The Local Public Works and Community Planning and
Development Departments maintain a list of acceptable solar friendly trees.
Section 3. "Solar Access Rights, Duties and Responsibilities."
A. Solar Access Rights: 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 Shade Restricted Lot shall not
build, install, or othelVlise allow a structure or non-solar friendly tree on that lot to cast
more shade at a solar lot line than permitted under these Solar Access Covenants,
Restrictions and Conditions.
ARTICLE V
GENERAL PROVISIONS
Section 1. "Enforcement" - Enforcement against any person or persons violating
or attempting to violate any covenant herein after ten (10) days notice thereof in writing
served on the offending any property owners either shall have party at law or equity. In
the event of judgement against any person for such, the Court may award injunction
against any person for such violation, requir~ such compliance as the Court deems
necessary, award such damages, reasonable counsel fees, and Court costs as may be
suffered or incurred, and such other or further relief as may be deemed just and
equitable.
Any Owner shall have the right to enforce, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, liens, and charges now or
hereafter imposed by the provisions of this Declaration. Failure by any Owner to
enforce any covenant or restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter.
Section 2. "Severability" - Invalidation of anyone of these covenants or
restrictions by judgment or Court order shall in no wise affect any other provisions,
which shall remain in full force and effect.
Section 3. "Amendment" - This Declaration may be amended during the first
thirty (30) year period by an instrument signed by not less than sixty-seven percent
(67%) of the Lot Owners. Any amendment must be recorded.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 10
Section 4. "Time Extension for Covenants" - The Covenants set forth in this
instrument shall run with the land and shall be binding on all persons owning a Lot(s)
under them for a period of thirty (30) years from the date of this recording thereof, after
which time such Covenants shall be automatically extended for successive periods of ten
(10) years, unless at any time after the initial recording of this instrument an instrument
signed by sixty-seven percent (67%) of the Lot Owners of this Subdivision has been
recorded agreeing to terminate said Covenants, in whole or in part.
NEIGHBORHOOD ASSOCIATION
ARTICLE VI
PROPERTY RIGHTS
Section 1. "Owner's Easement of Enjoyment" - Every Owner shall have the
right and easement of enjoyment in and to the Common Areas which shall be appurtenant
to and shall pass with the title to every Lot, subject to the following provisions:
(a) the right of the Association to charge assessments for the maintenance of the
Common Area;
(b) the right of the Association to charge a setup fee to an Owner when titles to a
Lot passes from the Grantor to an Owner other than the Grantor
(c) The right ofthe Association to suspend the voting rights and right to use ofthe
Common Area by an Owner for any period during which any assessment against his Lot
remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its
public rules and regulations;
(d) The right of the Association to dedicate or transfer all or any part of the
Common Area 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 unless sixty-seven percent (67%) ofthe members vote in favor at a meeting
for which proper written notice has been sent to every member not less than ten (10) days
nor more than fifty (50) days prior to the meeting, and an instrument signed by the
Chairman and Secretary has been recorded in the appropriate county deed records,
agreeing to such dedication or transfer; provided that the public agency accepts such
dedication or transfer.
Section 2. "Delegation of Use 11 - Any Owner may delegate, in accordance with the
Bylaws his right of enjoyment to the Common Area and facilities to the members of his
family, his tenants, or contract purchasers who reside on the properties.
Section 3. "Annexation of Additional Phases" - It is intended that additional
phases of Wesely Subdivision may be annexed or included within the jurisdiction ofthis
Declaration by Declarant without approval of the Lot Owners. Common Areas included
in annexed phases, as well as the Common Areas included in this Declaration, are for
common use of Lot Owners in all phases of the Subdivision and will be maintained by
the Wesely Subdivision Neighborhood Association, Inc. Homeowners of all future
phases will pay dues and assessments to the Association which will be used for
maintenance of all common areas and other Association expenses.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 11
ARTICLE VH
MEMBERSHIP AND VOTING RIGHTS
Section 1. "Membership" - Every Owner of a Lot, which is subject to
assessment, shall be a member of the Association. Membership shall be appurtenant to
and may not be separated from ownership of any Lot, which is subject to assessment.
Every person or entity who is a record owner (including contract sellers) of a fee or
undivided fee interest in any lot located within said property shall, by virtue of such
ownership, be a member of the Association. When more than one person holds such
interest in any occupied Lot, all such persons shall be members. The foregoing is not
intended to include persons or entities that hold an interest merely as security for the
perfonnance of an obligation. The Association shall maintain a member list and may
require written proof of any member's lot ownership interest.
Any member of record may examine the financial reports, books, and records of
the Association, at a reasonable time.
Section 2. llV oting Rights" - The Association will have two classes of voting
memberships.
Class A Membership: Class members shall be the Owners of Lots, with the
exception of the Declarants. Each member shall be entitled to cast one vote or fractional
vote as set forth herein for each Lot in whom he holds the interest required for
membership. Only one vote shall be cast with respect to each Lot. The vote applicable to
any Lot being sold under a contract of sale shall be exercised by the contract vendor
unless the contract expressly provided otherwise and the Association has been notified, in
writing, of such provision. Voting by proxy or written or absentee ballot shall be
pennitted.
Class 13 Membership: Class 13 members shall be the Declarants. The Declarants
shall be entitled to six (6) votes for each lot of which Declarants are the record owners.
The Association shall have the right to suspend any voting rights for any period
during which any assessment against said member's property remains unpaid for a period
not exceeding sixty (60) days for each infraction of its published rules and regulations.
Section 3. "Officers and Directors" - At an annual meeting called pursuant to
notice as herein provided for the establishment of annual assessments, a Board of
Directors of the Association shall be elected by ballot of those attending said meeting or
voting by proxy.
There shall be three Directors elected to serve for a period of one year.
Section 4. "Common Area Matters" - The Association shall have the right to
dedicatory transfer all or any part of the Common Areas to any public agency authority
or utility for such The members may agree purposes and subject to such conditions as
to. No such condition or transfer shall be effective unless authorized by members
entitled to cast sixty-seven percent (67%) ofthe votes at a special or general member's
meeting and an instrument signed by the Chainnan and Secretary has been recorded in
the appropriate county deed records, agreeing to such dedication or transfer, and a
written notice of proposed action is sent to every member not less than ten (10) days
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 12
no more than fifty (50) days prior to such dedication or transfer; provided that the public
agency accepts such dedication or transfer.
ARTIClE vrn
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. "Creation of the Lien and Personal Obligation of Assessments" -
The Declarant, for each Lot owned within the Properties, hereby covenants, and each
Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree to pay to the Association: (1)
an initial assessment of Two Hundred dollars ($200.00) for each Lot payable at closing,
and (2) annual assessments or charges, and (3) special assessments for capital
improvements, such assessments to be established and collected as hereinafter provided.
The annual and special assessments, together with interest, costs, and reasonable
attorney's fees, shall be a charge on the land and shall be a continuing lien upon the
property against which each such assessment is made. Each such assessment, together
with interest, costs, and reasonable attorney's fees, shall also be the personal obligation
of the person who was the Owner of such property at the time when the assessment fell
due. However, the personal obligation for delinquent assessments shall pass to his
successors in title.
Section 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 Properties and for the improvement and maintenance of the
Common Area.
Section 3. "Annual Assessments" - Annual assessments, or Neighborhood
Association dues, shall be levied by the Association to maintain the Cornman Areas and
cover other costs incurred by the Association for the benefit of the Owners. These costs
will be pro rated amongst the Lots in the Subdivision.
For the year _ the maximum annual assessment shall be One Hundred and
Fifty Dollars ($150.00) Lot for Class A Members of the Homeowners Association.
Class B Members shall pay a maximum of twenty-five percent (25%) of the
annual assessment for Class A members.
(a) From and after January I of the year immediately following the conveyance
of the first Lot to an Owner, the maximum annual assessment may be increased each
year not more than fifteen percent (15%) above the maximum assessment for the
previous year without a vote of the membership.
(b) From and after January I of the year immediately following the conveyance
of the first Lot to an Owner, the maximum annual assessment may be increased above
fifteen percent 15%) by a majority vote of a quorum of members who are voting in
person, by proxy, or by written ballot at a meeting duly called of the Neighborhood
Association, as specified in Article VITI, Section 5.
(c) The Board of Directors may fix the annual assessment at an amount not in
excess of the maximum.
WESELY SUBDIVISION DECLARA TlON OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 13
Section 4. "Special Assessments for Capital Improvements" - In addition to
the annual assessments authorized above, the Association may levy, in any assessment
year, a special assessment applicable to that year only for the purpose of defraying, in
whole or in part, the cost of any construction, reconstruction, repair, or replacement of
a capital improvement upon the Common Area, including fixtures and personal
property related thereto, provided that any such assessment shall have the assent of
two-thirds (2/3) of the votes entitled to be cast by voting in person, by proxy, or a
written ballot submitted at a meeting duly called for this purpose.
Section 5. "Notice and Quorum for Neighborhood Association Meetings"
Written notice of any meeting called for the purpose of conducting Neighborhood
Association business shall be sent to all members not less than 10 days nor more than
50 days in advance of the meeting. At the first such meeting called, the presence of
members, of proxies, or written or absentee ballots from members entitled to cast sixty
percent (60%) of the total votes entitled to be cast shall constitute a quorum to set
annual assessments and to transact routine Neighborhood Association business. If the
required quorum is not present, the meeting may be rescheduled, and at the rescheduled
meeting, the required quorum may be reduced to ten percent (10%) of the total votes
entitled to be cast. No written notice of the rescheduled meeting shall be required.
The quorum required for other items of business specifically listed in sections of
these Covenants, Conditions and Restrictions shall be as specified for those types of
business. See Article VI, Section 4, and Article VIII, Sections 4 and 6.
Section 6. "Quorum to Change Level of Maintenance of Common Areas
and/or Amount of Dues "
1. The level of service to maintain Common Areas and the maximum arumal
assessment may be increased by a quorum, as authorized in Article VIII, Section 5.
2. To reduce the level of service to maintain common areas and to reduce the
maximum annual assessment requires an affirmative vote of two-thirds (2/3) of all the
votes entitled to be cast.
Section 7. "Uniform Rate of Assessment" - Both annual and special
assessments must be fixed at a uniform rate for all Lots in each class of membership and
may be collected on a monthly, quarterly, or annual basis at the discretion ofthe board.
Section 8. "Date of Commencement of Annual Assessments: Due Dates" - The
annual assessments provided for herein shall commence at the time of the conveyance of
each Lot to an Owner. The first annual assessment shall be adjusted according to the
number of months remaining in the calendar year. The Board of Directors shall fix the
amount of the annual assessment against each Lot at least thirty (30) days in advance of
each annual, assessment period. Written notice of the annual assessment shall be sent to
every Owner subject thereto. The due dates shall be established by the Board of
Directors. The Association shall, upon demand, and for a reasonable charge, furnish a
certificate by an officer ofthe Association setting forth whether the assessments on the
specified Lot has been paid. A properly executed certificate of the Association as to the
status of assessments on a Lot is binding upon the Association as of the date of its
ISSUance.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 14
Section 9. ltEffect of Nonpayment of Assessments: Remedies of the
Association" -Any assessment not paid within thirty (30) days after the due date shall
bear interest from the due date at the rate of 18% per annum. The Association, or any
Owner, may bring an action at law against the Owner personally obligated to pay the
same, or foreclose the lien against the property. No Owner may waive or otherwise
escape liability for the assessments provided for herein by non-use of the Common
Area or abandonment of his Lot.
Section 10. ltSubordination of the Lien to Mortgages" - The lien of the
assessments provided for herein shall be subordinate to the lien of any fIrst mortgage.
Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or
transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof
shall extinguish the lien of such assessments as to payments which became due prior to
such sale or transfer. No sale or transfer shall relieve such Lot from liability for any
assessments thereafter becoming due or from the lien thereof
Section 11. "Property Exempt from Assessments" - The following property
subject to this declaration shall be exempt from the assessments created herein:
(a) all properties expressly dedicated to and accepted by a local public authority;
(b) any local properties owned by the Association.
Section 12. "Association Duties" - The Association is authorized, but not
limited, to performance of the following: prepare an annual budget which shall indicate
anticipated management, operating, maintenance, repair, and other common expenses
for the Association's next fIscal year and which shall be suffIcient to pay all estimated
expenses and outlays of the Association for the next calendar year growing out of or in
connection with the maintenance and operation of Common Areas and improvements
and may include, among other things, the cost of maintenance, management, special
assessments, fire, casualty, and public liability insurance, common lighting, landscaping,
and care of grounds, repairs, renovations, and paintings to Common Areas, snow
removal, wages, water charges, legal and accounting fees, management, fees, expenses
and liabilities incurred by the Association from a previous period, and the creation of
any reasonable contingency or other reserve fund, as well as all costs and expenses
relating to the common area and improvements.
The Association shall be responsible for the repairs, upkeep and maintenance,
normal servicing, gardening, rules and regulations for use, care, and safety, annual
planting of flowers (if any), payment of bills, and related expenses for any Common
Area.
In addition, the Association shall be responsible for the HLight" maintenance of
the Stormwater Infiltration Pits, as specified in the MANUAL FOR LIGHT
MAINTENANCE and reiterated in Article VIII.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 15
ARTICLE IX
STORMW ATER INFILTRATION PITS
Section 1. '''Heavy' Maintenance of Stormwater Infiltration Pits" -
"Heavyu maintenance consists of periodically inspecting the infiltration pits to
ensure they are functioning properly; cleaning out the facility piping and cleaning
out the facility when the sediment level exceeds the designed storage level. All
other maintenance shall be referred to herein as "lightt1 maintenance. Ada County
Highway District (ACHO) has opted to perform this uheavy" maintenance and shall
be allowed by the Owners and the Association to perform this maintenance work.
In the event ACHD shall decide not to do such "heavy" maintenance, then the
Association shall do so.
Section 2. '''Light' Maintenance of Stormwater Infiltration Pits" - The
Association shall provide all "light" maintenance of the stormwater infiltration pits
as specified in the MANUAL FOR LIGHT MAINTENANCE. This light
maintenance shall include the following items:
For the various light maintenance items involved, periodic inspections
are to be made of the pits in addition to any work required in each of the categories
below. These inspections shall be done a minimum of once every month.
"WEED CONTROL. In the spring of each year, a herbicide shall be applied to the
entire area of the infiltration pit lot. The application shall be in accordance with the
manufacturer's requirements. During the periodic inspections, any weeds found shall
be removed at the root and disposed of offsite.
TRASH CLEANUP. During the periodic inspections, any trash found within the
boundary of the infiltration pit lot should be collected and disposed of offsite.
STORM DRAIN MANHOLES. During the periodic inspections, the inside of the
stann drain manholes shall be checked for any accumulated debris or trash. Any
debris or trash shall be removed and disposed offsite.
Section 3. "Association Failure to Maintain: ACHD Remedies" - In the event that
ACHO determines, in its. Sole discretion, that the Association is not adequately
maintaining the infiltration pits, then ACHO shall, before undertaking maintenance of
said common area, provide written notice of its intention to begin maintenance within
a thirty (30) day period, within which time frame the Association may undertake to
initiate and conclude all maintenance defects as identified by ACHD. In the event that
the Association shall fail to commence and conclude maintenance of the infiltration
pits to the extent said items of specific maintenance are identified by ACHO within
the prescribed thirty (30) days, then in that event, ACHO may begin to undertake such
maintenance. ACHD is hereby granted an irrevocable license and easement to enter
upon any portion of the common area to perform such inspection and maintenance of
the 'infiltration pits.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 16
Should ACHD engage in maintenance of the defined common area or' facility after
having provided notice to the Association and having provided the Association an
opportunity to undertake said maintenance, ACHD shall first bill the Association and
if such bill shall not be paid within sixty (60) days, then ACHD shall be entitled to and
empowered to file a taxable lien against all lots within the subdivision with power of
sale as to each and every lot in order to secure payment of any and all assessments
levied against all10ts in this Subdivision pursuant to the Declaration as if said had
been performed by the Association, together with interest at the rate which accrues on
judgements thereon and all costs of collection which may be paid or incurred by
ACHD.
The Association shall not be dissolved or relieved of its responsibility to
maintain the defined common area and facilities contained therein without the prior
written approval from ACHD.
The Association and all Lot Owners, by accepting title to a Lot, agree that all
Lot Owners within this Subdivision are benefited property owners of such
maintenance.
WESELY SUBD[VISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 17
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have
executed this
instrument on this
day of
20
L. C. DEVELOPMENT, INC.
STATE OF IDAHO }: ss.
}
County of Ada }
On this day of , 20 , before me, the undersigned,
a Notary Public in and for the State ofIdaho, personally appeared, L. C.
DEVELOPMENT, INC., !mown to me to be the person whose names are subscribed
to the within instrument and acknowledged to me that they executed the same.
WESELY SUBDIVISION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS,
Page 18
Development Narrative
Wesley Subdivision
December 1999
Applicant & Land Owner
Centers Construction, Inc.
P.O. Box 518
Meridian, Idaho 83680
Telephone: 888-1852
Facsimile: 884-8938
Location
This project is located on the west side of Locust Grove Road, approximately 700 feet north of
Fairview Avenue. It is comprised of five acres of land and is currently located in the county.
Immediately to the west and north of the project is land zoned and developed as R-8. Immediately
to the east is R-4 property; to the southeast of the project is Fred Meyers, zoned C-G. To the south
is Doris Subdivision, currently located in the county and zoned R8.
The area is comprised of a portion of the northeast quarter of the southeast quarter of Section 6,
Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho.
Site Overview
The site is currently vacant and is entirely surrounded by development. Agricultural activities no
longer occur on the site.
The dimensions of the property would suggest that more planning could have occurred when
surrounding properties were developed. An access to the property could have been required from
either Gem Park Subdivision to the north or Meridian Place Subdivision to the west. The site now
has no public road or pedestrian access except from Locust Grove Road. The depth of the property
is approximately 980 feet.
The site is narrow with an average dimension of only 240 feet. Since the north and south boundaries
of the site are not parallel, the property is only 214 feet wide at its narrowest point. This depth
creates a design issue when assessing the site's infrastructure cost to the value of its development
options, particularly with surrounding single family R-8 development.
Project Overview
Annexation
One request of this application is to seek annexation of this property into the city of Meridian. The
requested zone is L-O for the frontage along Locust Grove (1.089 acres) and R-8 for the remainder
of the site (3.940 acres).
Planned Development & Subdivision
1
>,., '"
internal road not be constructed at this point in time. This area is along the open area
immediately west of Locust Grove along the south property line. Since the road adjacent to
the south property line may be eventually used by land owners to the south (after
redevelopment of lands to the south), it seems appropriate to not construct this sidewalk to
allow the developer an opportunity to install landscaping in this area to help temporarily
buffer the entry road from the neighbors to the south.
2.5U This project is an infill project. We believe the use proposed will improve the vicinity by
completing the development process in the area and preventing the property from an
inevitable conversion to an unused weed patch.
Section 5 Mixed-Planned Use Development - Goals
5.16U Development requires a conditional use permit for approval of a planned unit development.
5.17U The development proposes to develop as compatible mixed uses - limited office along the
Locust Grove frontage and townhouses for the remainder of the property.
5.18U The entire perimeter of the project will be fenced or screened by landscaping. The north,
west and south boundaries will be constructed with sight obscuring 6-foot high fence. The
frontage along Locust Grove will be heavily landscaped to enhance the appeal from Locust
Grove.
5.19U Not applicable for this project.
5.20U Not applicable for this project.
5.21 U Not applicable for this project.
Design Process
Few development options exist for this property. The site's only access must be provided from
Locust Grove Road. The alignment of the access at Locust Grove must occur at the south property
line due to conflicting, existing intersections up and down Locust Grove. The cost of infrastructure
improvements and the potential impact to neighboring properties prevent the access road from being
constructed entirely along the south property boundary. No access to the west end of the property
exists; therefore the internal road must end in a culdesac.
Placing the road near the center of the property minimizes the lot depths along the road preventing
a reasonable land configuration for single family detached homes - attached townhouses becomes
the best viable option for development.
To minimize the impact of the development on neighboring developments, the townhouses are
restricted to single story height. Although architectural features such as dormers or windows may
be constructed in what would appear to be a second story, these features are only to visually break
up the roofline.
Neighborhood Meeting
A neighb<;>mood meeting was held at 7:00PM on Thursday, Noverrber 18,1999. A preliminary copy
of the proposed development plan was available for review by interested neighbors.
3
by the ACHO.
Groundwater
The attached report describes groundwater depths or 3.5 feet or more.
Floodplain
The area is shown on FEMA community panel 16001C032G. None of the site is within a floodplain
(Zone X).
Water & Sewer
Water is currently planned on being extended from Locust Grove.
Sewer is planned to be extended from Willow Brook Drive to the west of the project.
Fire Service
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.
Access issues have been preliminarily discussed with the fire district.
Other Utilities
Public utilities, such as power and communications, will be extended underground into the project.
Requested Variances (Item 7 of the Preliminary Subdivision Plat Checklist)
The fallowing variances are requested to be approved with the development approval for this project.
The physical shape of the site, surrounding developments and the development proposal creates
these variance requests. Items are applicable to the R-8 zone requested.
Item Proposal Requirement
Lot Area 3,375 SF 6,500 SF
Lot Frontage 29 feet 50 feet
Length of Public Road 850 feet 450 feet
Front Yard 20 feet from Sidewalk 20 feet from Lot Une
Interior Side Yard o feet (for common walls) 5 feet per story
Rear Yard * 10 feet 15 feet
*
Rear yards along the north boundary are requested to be smaller due to the converging lines of the
north boundary. This is a reasonable request due to the excessive depths of the backyard within the
Gem Park Subdivision due to the Nampa & Meridian Irrigation easement.
5