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HomeMy WebLinkAboutBackup Doc'~ BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE ) FP-99-002 APPLICATION OF STEINER ) ORDER OF CONDITIONAL DEVELOPMENT, APPLICATION ) APPROVAL OF FINAL PLAT FOR FINAL PLAT FOR VILLAS AT ) THE LADES SUBDIVISION, ) MERIDIAN, IDAHO ) This matter coming before the City Council for Final Plat approval pursuant to § 11-9-604 H Municipal Code of the City of Meridian this 6th day of April, 1999, and the Council finding that the Administrator Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Bruce Freclcleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, listing 7 General Comments and 14 Site Specific Comments, which are herein found fair and reasonable, and Shari Stiles having appeared on behalf of the City of Meridian, and Steve Bradbury appearing on behalf of the developer, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1.) The Final Plat of "Villas at the Lalces Subdivision" as evidenced in Plat bearing the job reference ACRD DWG. FILE: 549272\VILASUB 1, DES. BEB, DR. BEB, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION - 1 CI<. IcLJ, SHEET 1 OF 12, DATE: APRIL 5, 1999, DWG. N0.990405, PACIFIC LAND SURVEYORS, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freclcleton, Assistant to the City Engineer and Shari Stiles, Planning and Zoning Administrator, dated February 16, 1999, listing 7 General Comments and 14 Site Specific Comments, a true and correct copy of which is attached hereto marked Exhibit "A" and by this reference incorporated herein. 2.) The final plat upon which there is contained the Certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer, and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate performance bond has been issued guaranteeing the completion of off-site improvements. By action of the City Council at its regular meeting held on the 6 f day of 1999. By: ,BERT D. CORRIE yor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION - 2 Copy served upon Applicant, the Planning and Zoning Department and the Public Worlcs Department. By: ~ Dated: ~ ~- ~! ity Clerlc msg/Z:\Work\M\Meridian 15360M\Vi1lasLakesSubFPOrder ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION - 3 R ~-~ ~ MAY 2 4 1~ CITY OF MEIiiI~IALi~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 May 21, 1999 Mr. Keith ]acobs Pacific Land Surveyors 1295 S. Eagle Flight Way Boise, ID 83709 Re: The Villas at the Lakes Subdivision Dear Keith: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has reviewed the above-mentioned project for storm water run-off and pressure Irrigation. The run-off plans indicted that everything will be retained on site and this meets the District's requirements. The pressure system appears to be adequate also which is shown th be connected to The Lakes at Cherry Lane. The District will need to do an inspection for proper installation, operation, and a pressure test, please contact us when the system is installed. Also, please have the owners contact the District's attorney, Ms. Laura Burri at 342-4591 and ask that she prepare a contract for operation and maintenance of this system. Please feel free to contact me if you feel further discussion is required. Sincerely~G/~''~ r. John P. Anderson, Water Superintendent NAMPA R MERIDIAN IRRIGATION DISTRICT ]PA:dln Cr. File Each Director Secretary Treasurer Asst. Water Superintendent Sharp & Smith - ]ohn Sharp City of Meridian -Will Berg Ada County Highway District APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (' il M b CITY OF MERIDIAN (208) 884-4264 unt em ers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 88~-22 i 1 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD DEPARTMENT (208) 884-5533 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that a true and correct copy of ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VILLAS AT THE LAKES was mailed to: STEINER DEVELOPMENT, LLC. P.O. BOX 190472 BOISE, IDAHO 83719 properly enclosed in an envelope, with postage prepaid, on this 14th day of April, 1999. Deputy ity Clerk Copy: Shari Stiles, Planning and Zoning Gary Smith, Public Works WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. E GICRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. City Cleric 33 East Idaho Street Meridian, Idaho 83642 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE :~ ~~~ ~~~~ ~~ '~ Ix~ CITY OF NIERiI3IAN Re: .VILLAS AT THE LADES SUBDIVISION REQUEST - FP-99-002 Dear Will: Regarding the above referenced matter, please find enclosed a copy of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT, upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Worlcs. If you have any questions, please give me a call. Very truly yours, ~, Wm. F. Gigr , I ms~Z:AWork~lUVle>•idian 15360IVi\C1erkLtcVillasFPOrderApr8 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288.2499 FAX (208) 288-2501 Email via Internet @ wfg@wppmg.com April 8, 1999 • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT o ~n it M m rs CITY OF MERIDIAN ~ PUBL(C VORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (zos) as7.221 I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND zouwG KEITH BIRD DEPARTMENT 12081 88~i-»33 MEMORANDUM: February 16, 1999 To: Mayor and City Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator Re: THE VILLAS AT THE LAKES SUBDIVISION (Final Plat by Steiner Development LLC) We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/dramage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M, unless a variance has been granted. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash will be required for these improvements prior to signature on the final plat. 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. Villas at the Lake Subdivision.FP Mayor and City Council 2/16/1999 Page 2 l~~ 7. Please address all items contained in this memorandum (both General and Site Specific) during presentation of the final plat at Meridian City Council. Due to the lateness of staffcomments, applicant will probably need time to review and prepare appropriate response. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS This final plat needs modification to conform to the approved preliminary plat. 2. Six-foot-high, non-combustible, permanent fencing is required to be in place along the subdivision boundary prior to obtaining building permits. Fencing shall be installed on lot lines and not within common areas. Detailed fencing plans need to be provided for review and approval A letter of credit or cash will be required for these fences prior to signature on the final plat. 3. Submit for approval detailed landscaping plans, including sizes and species of vegetation, fencing details, and wallcway details for all common areas. A letter of credit or cash will be required for these improvements prior to signature on the final plat. All landscaping and pedestrian walkways are to be completed prior to obtaining certificates of occupancy. 4. Provide five-foot-wide sidewallcs in accordance with City Ordinance Section 11-9-606.B. 5. Sanitary sewer service to this site will be via an extension of existing mains. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. 6. Water service to this site will be via an extension of existing mains. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. What is the purpose ofthe 15-foot-wide utilities and drainage easement adjacent to the private road? 9. Graphically depict ten-foot-wide public utilities, drainage and irrigation easements adjacent to rear lot lines and in other locations as shown on the attached plat copy. Villas at the Lakes Subdivision.FP Mayor and City Council 2/16/1999 Page 3 10. Given that this subdivision will not be gated, what is proposed for the extra width at the entrance to the subdivision? 11. Five pazlcing spaces were to be included on Daly Lane as a condition of the preliminary plat These spaces should be detailed on the plat. 12. A condition of approval of the preliminary plat was that 29 of the homes within this subdivision were to be 1,600-square-foot minimum, exclusive of garage. This leaves a total of four lots that were approved with a minimum house size of 1,304 square feet. Note 3 indicates that only 11 lots have the 1,600-squaze-foot designation. Revise Note 3 to reflect conditions of approval. It will be physically impossible for some of these lots to have a 1,600- square-foot minimum house with atwo-car garage unless they are made two-story units. Applicant needs to provide building envelopes on all lots to ensure compliance is possible. No two-story units were presented with the conditional use permit. 13. All lot numbers will change as a result of the Ada County Street Name Committee's review. Staffrecommends that approval of the final plat be tabled until a final plat map is submitted that incorporates the requested changes and conditions of the approved preliminary plat. 14. Staff does not propose these comments to be all-encompassing and reserves the right to impose additional conditions upon further review of the revised final plat submittal. Yllas az the Lakes Subdivision.FP LI f // UI ~ ~, N 00' 30' 1 1 ' ° °I 26.71 / ~, ~c w.~ ~ 68 S4 ~r~1 7NC -\ ~,q TE ~" ~ f' se 2 kql ~,~~,,s~, ,,.. ~ X6.4 ~ / ~ ~ ~~ CSiO ~ ~ N 21'05'49" F '~ „~/p ,~",~59~y,~ I -N 55'09'59° E R C i 2S.W ~5 --- a ~ 12 ~/~ ~`/~ _ ag ?5 2~ n ~ m ~` \~~~rrr ~'~~ ti; m 1 1 ~ r tz~ R.A1. z! .o a C9_ S~~ \ ~~L7 ~ S's s~a•\~5 ~ir\~1r ~ 10 ~ ~ 1 ~ ~59 - o, ~ ,~ c ~ ~ ,g - `, ~o ~ ~. I,~~s -w ~ os rs s5~oQ y~3O /CHERFtY LAN F. GOLF COIJRSE o m 16 ~ ~/ \ s ~. 0~., ~ ~ of 1 45~ -~ ~ ~' 8 ~ ~ ~.~'.c e`fl ~v ~7 Cp S 89794 C ~ r ~y ~ `~~ o~ ~~ u SSl~9'S9" E ° o 0 2 5 5 '~. op ~I~26 ° ~ 5` 24 ~ / e 19 ••$ ~~~4 N~05 7 ~\ 147.34 _ Z 33 J Q M` ~\ ^p0~ ,~ .yam ~~ ' ~ S 89_48'4' E SEE ko7F it 45.01 31.69 ST ~ 5 0} ~ 'r`' ~g~ $ ~ s p~ / ~ ~~ O -~ S 8929'4r E ~ ~/ 23 Oa ~ ~ ( S~ ~, q, ~5~.~~ ~ R.M. ~~~. 4 ~J` O ~ 76.70 V~,c~9` 9 -`~' ~' ~ / \~U/J a e+ 0 4r 1 \~~ l~ ~ DALY LANE' / s s ~' 6 ~ S. ~ W O '~ - y :9~'9 r 21 •`b `b 20~ J ~ ~, ' S ~,S f ~p 6' E.. Z ° ©728 u 27~ ` ,r$s,~ O pp ~ 2ct~ ~~ •~ y ~~ ,~,5.9~~ \a~'s,.. ~~"s,..F •,,, ~p~0 !~ Cl. S 89~9'4T' E n 22 f -`~ 9~0/ ~ p0 a /~,~-.C20 cJ /9~~ `~26 .~ Z 81.03 U ~, 1 ~ '~/~ ~- C 19 op~, p ~S S3 \ "~ °°~ ^ ~,p6~ Opp 9Q' ~ 41 i \~ C~~ '~5^~96 ,a~ ~~d 74.95 % S 8929'47.. E ° ~ (70 ~ N 5~ ~{~1~ 65 ~3, pOJ ~ ~° 40 n --` 3~I p ~% °o o° ~ ~ / 65~ 9r 420 ~} ~ ur ~ .. CS ~ \ ~1- ~, ~ o O U~ 30 W / / a~. ~ y~ ~ .~ ~O S 8929'17" E ' 65 'p 43 ~~ N ~ 2 ~~ ~9/G) ~~ ~C ~/ ~ 1 lo° 31 ~ °° °! " cb`ro., ~ \~ 47 ~I +u ~ 55/5' ~ C~ ~~ ~,~ c3e--~ z ° m 44 ~~ s M ~, 1 00 ~N 43"58'10" W I S 89Z9'a7" f. 5.67 ~ / .f 4g ~ 9~ 9~ V t ~~ BOO 7J.S7 ~ ~-- ____ .._. T. 85.7-! \9 1 '° o ~a,'.v. ~5 ~~ ~; ~, ~/ ~ ~ G~6 ~ ~,~, ., .~ r } ,s ~^ 956 ~`yF, ~< ,~. - `p~ S 89'29'4!" E ~'\ .~-S 'ss ~3 5h ,p r ~~ ~ .q-.---as.-5 ; ---- 1 cJa _ sa,~s?~.. ~ ~ ~ ...cs~ =~ J~ 5~ p%`y''l t; 5+ J~ ry ~ ~,p'` ~~~`Z''•. ~ ,off/ y Cao ,.,/ ca ~ ,c ,, -e sa 37 ~ ~s\ O `~' ti g~, ~~~~ 35 ~ ~~;i8 ~' ~~ a9\ ~ J• f G• 6 ai "" tz .~nr, m ..~-`~b. F'~ ~'~Rn ~ a. S~ ti i .l , n `A F5 4 r, ~~ ~~-.- ~6C F~~ rF; ,S ~'8 ~ 96.5 .i 4~~ • " ~ ~ ~ Jl~ 2 SU~n ~ ~ /6~ ~ ~c~Q~~ ~~ ~/ LINE TABLE ~'`s'~~~ ~~.~°~'° ~~~~"~,`~~,F, NUMBf R DIRECTION ~ DISTANCE ; / ~~ ~ ~~E ~`~`5~0 L' ; N ia'00'09" W ~ ~ ~ 10 • ._ PCSt-it' Fiaa rugci> ; ii;' 1 . ~t , ~ ,I, ~ ~ I nr:nr a ~. i ,~~ a ~, -- +,- _--- March 9, 1 x)99 vlayur and City ('ullm:il City ctl'1~(e;ridian l '> l ;;>^ti1 Idaho Avenur tileridian, ID 8.3fi42 Suhje:ct' X4927?-qG 'lltc Viil~ts at thr I.akcs Sulxlivi.iun Dear (`9nyur and City ('council: Frgry1\ • • ... - _. . 1 .. _. ,~., ; r~ - - _. _ _ - ;_ ,,, .~ ___ ~ This Icner is in mspon~e to the corruuent~ Ity your statt'datcJ I'ehruary 16. l')/)a) on the final plat of I he Villas at the l.al.cs Subdivision Gf:NI:RA1. CUMMtN'I'S I. The two e'citilirlg irrigaliun ditches, S[atTard Sub rand Jright Mile laterals, along the pruj~:t lxxlndary art to remain upon and will nat be piped in ae;curdanerr with City Urdinanee; Section I 1-11-GUS.M. Net i,thcr irrigation ditchca cross this pntjcct. ?. This property does not hive fury well~l ur se;ptic funks on it. C'ity's sewer and water system ;e;rvcs the misting C'heny Lane golf clubhouse. "!"hc cluhhuuve will Itir removed and Server wtd water x-tvices will he ah;tndune:d in accordance with the City's requirements. 3. Nampa 8t Nleridian Irriahon nistrict ha,,juri.diction ever the pressure irrig,~-ation t_ystcm. Prcasurc in•igntion will he sn cx[e:nsion of the system that serves 1'he lakes at Cherry I.anr; suhdivisictm. ') he system i:i owned artd maintained by the; Namp,r bi. heridian In•igation District. An approval letter lirr thcsystcln e;~clt:nsion to vcn~c'1'hc Vilhis at the l.,:tkcs Subdivision will be sultrnittl:d to the Nlrridinn Public work, Ih-Flaruncnt prior to scheduling thr pre-consuuction meeting. A letter c>f crcrlit. e2,lt, ur appmprinte bonding for these; irnpruvctncnls will be in place prior to the (: ity signing the Fnfll Itlat. ~l. 'llte h'1=MA floodplain does not at~ect vty lots within [hi, suhdivisietn. 5. ~l'he fire h)drnnt locations wen; coordinatcil ~~ith the Me,~ridian Pllhlic Works I)cp:ll~mcnl. 6. A copy of the .1da C:ourtty Street Name (:itntrnitiec'S ;approval Icltcr will be subrnitled to the Meridr~ut Public Works Ue:partmrnt when the final plat rnylar is submitted for the City h;ngineer's ti!„rtanu•e. 7. All items e:ontaine;d in the mcrnurandum dared Fc:bnaary 16, 1999 will be addressed in this letter and at the. Marclt 24, 19'~ Meridian City Council meeting, I'hrce copies of the final plat Tor The Villas at the Lakes Subdivision will be submitted u~ Mr. (3ruce Freckletrnt. Meridian Public Work, 17cp.ctrtmcnt, I'rtr rcvicw prior ut dcvclnprn~nt plan appmvll. 11111 32 IIIIlS MAR 09 '99 14 49 ?n~ 3?n ~?1P~ pPGF_.~~_ • C:'it~- ufMerirJian March 9, 1999 Na~!e :) tit TI~. tif't{.'1t~1(' ('Ut~11VILN•15 1'he tint:,) plat, prior to suhrninrrl fiu•ignature by the City, will be revised to contitrrn ttt the apprcned prclirninary plat. i1 six-foot-hisJ•r, pcnnancnl, non-comhustihlc pcrimzter tenu: trill he constructed alum fhr Subdivl.iull buundvy prior to obtaining buildint; pcrlnirx except along the hack lot line of [,ors 3 Lhrou_tt 13 a,uJ the northerly lot line of l.ot 14 t3luck l . The fence along tttc back lot lines of Lots 3 through 1 3 Blot;k I ,hall he as shown on the detaila] Inndscape pG•.uts. A letter of credit or crash will be pasted ~,vi[h dre City prior w rrquetin~t the City's si~,.nalurc nn the linal plat. netailcd htndscape plans including sizes and specie> e~l'vc~;etation, fencing detail., and walkway dct:>,ih lair all convnan arc:Fts will he suhmitted for approval. 1'lle fene:in~, along the back lot lines I~t Lots through 13 and the northerly lot line of t,ot 1 •~ I31ctt:k I will he as shown on tltc lsnd.capc t+lans. A letter of cn;dil or cash will be pruvidccf fur these improventente prior to submitting the final plat for signature:. -I. five-lout-wide sidewalk: arc shown and will be cons[ructetJ along the street filmt:rg,•s of LatS 2 [hrough 13. the [3rt:nds lane I'rvntage ot• Lots 20 and ??, the stree[ frontage of I .ol 31, tltc Daly I .anc tront<~tge e~l• l ,,t 2R, and the street frontage ul' l,ctL> ?N through 40, 111 in Block 1. .111 outer lots with street trctnlttg,r will haves 4-Foot-wide ~re:cn ,pace between die back of curb and the property line except where paved driveways provide ae;c~s tc~ the respective lots. :. Sanitary e:wcr service to this projei-t ha. hten ceutnlinalal with the Meridian Public Work4 I)epanme nt and is shown Im Ihc~ development p4in,. ti. Water service to this project has Uern ax,rtlin:rtcel will) the ~1cridian Public Works f)epsrunuu and is shown on the development phu~s. 7. All street signs. road hsx:, strcctliglus, pressurized irrigation system, drnnestic w;rtcr system (active fire; hydrants), anll fencing will he in>talled prior to obtaining building pe:rmit.>. 8. 'Ihe 15-toot-wide utility and ih•ainn~c crL>~n,cnt aleme the soot provides space for the utilities :uul subsurface drainage system. f he subsurl'acc dr;•tinagc systcnt, shown in a section em sleet ,I ctf rtes development plzns, is three inliluaturs set side by side at the back of curb within nine, feet crf~ the raaement. Other utilities will be plrrccd in the balance of the 15-ti~t~t easement. 9. The final plat will show the IU-fcx~t-wide puhlic utilities, drainage and irrigation casemcnl~.ydiaccnt to rear lot lints and in otlre;r I,x;at iun> :r,> >I,utrn un the e:upv of the plat attached w the City•s nremnrtndum detect 1-cbrulrv I(~, lyyy, I tt llre extra width at the entrance to the subdivision is provided for an entrance islane+ and },Ilhlic turnaround. fhc islv~d is shown on the development and lancfscapc plans. `T'he I)cvelctper twill en-cr inlet a license a;rerrncnt with Aria C:cn,nty I li[;htv~ty I );strict kt constt'trct and maintain the i~Jand. He)1 7 ~I111rF r1AR 09 '99 14:50 208 378 6318 FAGE.02 SUBDIVISION EVALUATION SHEET FE8 1 6 199 PLS Proposed Development Name HE VILLAS at the LAKES Cit M~r~idian .._ Y__._ Date Reviewed 01/28/99 _ Preliminary Stage ~.__ _ Final XXX . Engineer/Developer Pacific Land / Steiner Development The Street Warne cornrnents Ilsted below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance wish the BoisA City Street Name Ordinance. The following existing street name is approved and shall appear on the plat. ._ "N. INTERLACHEN WAY" .. __ "W. CHCRRY LANE" "N. BLACK CAT ROAD" "W. DALY LANE" is a~~roved and shall appear on the plat. "W. BRENDA LANE" is approved and shall appear on the plat These findings are subject to recordation of surrounding properties f~ECEIVED The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM E, AGENCY•~REPRESENTATIVES OR DESIGNEES - v _ ~, . ^ Ada County Engineer John Priester ;l~r '- °,~', ,T,~Ci_ . Date ~ ~ n ~ ~~i' ~' Ada Planning Assoc Ann Hurley < • C' Date ~ -~ ~ `~:~ ~ / City of Meridian Fire District Meridian Representativ Representati~ Date I "~ ~ Date . ~ , ~~ ~ NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the 'final plat", otherwise the plat will not be signed III I __ Sub Index _ Street Index ~N 1W 3 __,_.. •,____ Section / , NUMDEf~ING OF LOTS AND BLOCKS_~,~ /I~~~ <.-./~ ! ~~ + ;~~:"ac'r', _ i ; ~ r ~~~~y; ~ . rr~suessM cmr,rnnn / ,/ MAR 09 ' 99 14 ~ 50 '?rap ~~o c ~ ~ o r,r,r-.- i City ol'Meridian NI~h 9, 1 ~K)y I'a~c .> 11. The live parf.inK spsc:es a.re shown on the dcvclupmenl plain. It is rnappn~priatc lu show [he p~~rkinc spaces on nc~ final plat. 1?. F'riur to submittal of the final p-r+t Ibr signature, Nutt No. 3 will he revised as follows: `'The mininiunr house size excluding the g~u-age shall he IF00 square feet liar Lots ?through I(,, t.ot 2U, LOLL .~0 Ihrough 37, lots 41 lhrou~;h ~15, a„d Lat 47 Eilock 1. The minimum house ,titre excluding the rtu:~gc shall be 1250 syuarc feet for Lots 21 through 2G, Li,ts ~R, 29, ;g and 39 I31ock 1. 'hhe minimum hc~uu: size excluding the gage shall tse 1304 syuart: feet for hots 17, 18, 19 and 46 lilix;k I . I ~. Thu hitest Subdivision Gvaluatiun Sheet dated J9nu.+ry 29, 1999 n:quires Lot 4 to be rcnu~nhcred I .~~t I and go from there. The effrct of that n:qucst i~ to uumbc:r Lot -t as l,ot l: number l,<~t 1 as Lr~t 2: number Lot 2 <4.l.ot 3; number l.~t 3 :~5 i.ul4; and nut re-nurnbcrtlte ballnce of the lots. :1 copy cil~thc Subdivision t;valuation Sheet is included tier your reference, 1'he final plan will he revised to show the t:hanL~;s when submitted fix siZ;rtatur[;. I -l. This commeru is an opcrr-ended request. We believe ibis is an unrc:t,:~mahle c:umment. Please uote that Nine No. 1 un the final plat data! Jamuiy 7, 1099 is in cn•or. "I'hc error was disc~>vered :,nd a letter dated Iebruary 8, 1999 was sent to Mr. Will 13crg to cotrec:t that error. n copy of the February K, l y99 letter is ar[ached. A rt:vised plat was not submitted in an attempt to avoid confusion. Prior to suhmittin~ the final plat for signatutt by the (:ity, the note will he n;vis~d as sated in the February 8, 1999 letter, ctc~pt reference t~, [,~t 2 will be revised to l.ot 3. This lot number revision conl'orrns to the latesr suhdivisic~n cvahtatiun shccl. Sincerely, KI..1/SG l:nclosurcs cc'. Mr. n~~ui~, C:aniphell 4triner f)eveli~~nent nun ~. u~uS PACII'I(' LAND SURVtYURS A division r~1'F'(7WER ~nginrets, inc. Kcilh L. Jacobs, Jr., P. t:. MAR 09 '99 14:50 208 378 6318 PAGE. 03 • 1295 S. Earle Flighe way Boue.1D 83709 1208) 378-6387 Fsx f2U3) 373-W25 February 8, 1999 N1r. Wili Derg, City Clerk City of Meridian 33 Fast Idaho Avenue Meridian, Idaho 83642 Subject: 549272-06 The Villas at the Lakes Subdivision, Final Plat Dcar Mr. Berg: I wish to point out that Note No. 1 on the final plat of The Villas at the Lakes Subdivision is in error. the note should read as follows: Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable inning regulations of the City of Meridian, except as herein modified. The house front yard setback for Lots 2 and 29 I31ock 1 shall be 15 feet_ The house and garage front yard setback for Lots 21, 22, and 28 Block 1 shall be 18 feet The garage front yard setback for Lot 29 Block 1 shall be i 8 feet. The sideyard setback along common Iot lines of Lots 21 ~.nd 22, 23 and 24, 25 and 26, 28 and 29, and 38 and 39 Block 1 shall be 0 feet. The strt;et sideyard setback for Lots 22, 45 and 47 Block 1 shall be 15 feet. Tlie street sidcyard setback for Lot 41 Block 1 shall be 18 feet_ "The Nate No. 1 on the final plat mylar will be corrected to read as stated above prior to submittal to the City for signature. Attached is a copy of the (setbacks) table that correlates the lot numbers with the final plat and the preliminary plat dated September 1, 1998 far your reference. If you have questions, please call me at 378-6385. Sincerely, PACIFIC LAND SURVEYORS A division of PO ~ ~• ~(=- eith L. Jacobs, Jr_, P. E. KLJ:smg Au:u:lunu~t cc• Mr. Stcvt l3radb~u;~ P! ~t)()1 3:r(N}S2 ,~ ~Lvitii,vi ..I pO\VF.K Gite~nrcrs. ;nc , an IJrh~ (',nprrrnuun MAR 09 '99 14 51 208 378 6318 PAGc-OS MERIDIAN CITY COUNCIL MEETING APRIL 6, 1999 PAGE 11 3. TABLED 2116/99: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC - NW OF CHERRY LANE VILLAGE NO. 1: Corrie: Mr. Bradbury you're up. Bradbury: Mr. Mayor and members of the Council, my name is Steve Bradbury. I'm representing Steiner Development. I think that we've got everything worked out with staff now. Although I suppose we're about to find out whether or not I'm right. We've thought we've had it and we've had a couple of toe stubbers along the way, but I think we're there now. I don't have any presentation to make. I'd be pleased to respond to any questions you may have although if they're very hard, I probably don't know the answer so take your best shot. Corrie: I believe we were having some additional information clarifications. Shari, do you have any word on this one then for clarification that we were looking at? Stiles: Mr. Mayor and Council, I did receive the house layout plan. We received this yesterday from the applicant. It appears to be acceptable. I would just like to make sure that if the developer sells this off to somebody else and they're developing it, to make sure that the City is not going to look favorably on any variances for these setbacks. Corrie: Council, questions? Rountree: I have none. Gigray: Mr. Mayor and members of the Council, thank you. Just for purposes of clarification if you take final action tonight on this final plat, I just need for purposes of drafting the Order of Approval, I assume subject to conditions. Are there any conditions as a result of this delay that we've had that are not specified that it would be staff conditions that are in the staff report, because I know there's a reference here to or will that take care of it is my question. Rountree: I think the staff report should do it. Gigray: Okay. Corrie: I would think so. Rountree: Mr. Mayor I move that we approve the final plat for the Villas at the Lakes Subdivision subject to conditions of staff. Bird: Second. Corrie: Motion made and second to approve the final plat for Villas at the Lakes Subdivision by Steiner Development with the conditions of staff. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. • MERIDIAN CITY COUNCIL MEETING: MARCH 16, 1999 APPLICANT: STEINER DEVELOPMENT AGENDA ITEM NUMBER: 3 REQUEST: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: COMMENTS SEE ATTACHED MINUTES FROM 2/16/99 SEE ATTACHED COMMENTS FROM PLS ~~pr~W~/ ~. ~I~YI ~ SETTLERS IRRIGATION: 1DAH0 POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 34 nor their engineers had an opportunity to review or comment in writing on the letter that just went out today to them on this particular subdivision. Though I'm hesitant to table it would think that that might be something that we want to do to get the comments back and get the vacation issue resolved. Corrie: I agree. Bird: Is that a motion? Rountree: I just throw that out for discussion. If it's a flier, I'll move that we table the Whitestone Estates Subdivision No. 3 final plat until our next regularly scheduled meeting March 2"d so that the developer and engineer can have an opportunity to respond to City's comments and resolve the issue as it relates to vacation and public right-of-way. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to table item number 12 until March 2, 1999 meeting. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 13. FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY STEINER DEVELOPMENT LLC - NW OF CHERRY LANE VILLAGE NO. 1: Corrie: Shari comments? Stiles: Mr. Mayor and Council this is quite a bit different from the last one and Keith I apologize for not getting those - I didn't think there was anything on Whitestone that couldn't have been resolved, but the Villas at the Lake Subdivision. Unfortunately it was put on the agenda probably should not have been. It did not conform to the approved preliminary plat. There were some specific requirements in this plat and my staff did not have the adequate background on what had gone on with this project to be able to determine whether it was in compliance. Primarily we do need some easements shown on here and I guess one of the biggest issues we have is the fact they were approved 29 of the lots were required to be a minimum 1600 square feet. They've shown 11 of the lots to be 1600 square feet and also we have a question. on whether all of these lots can even accommodate a house that large. There are at least four lots where it would be very, very tight. They would have to have an absolute rectangle of a building and use every square inch available outside the setbacks to be able to meet those minimums and also have a two car garage. Lots 18 and 19 of block 1 would not be able to meet that. They do have four lots that could be the 1304. But we would like them to • • MERIDIAN CITY COUNCIL FEBRUARY 16, 1999 PAGE 35 come back with some building envelopes and let us see how those plans would work. With the conditional use permit that was approved they did have specific floor plans. It may be that they need to come back with a two story in order to meet those minimums on some of these and also as requested in the preliminary plat stage, we did want detailed fencing and pathway and landscaping plans to be submitted for approval. We have some concepts, but no details and we would like to approve those as part of the final plat. Corrie: Shari are we on a time schedule for this final plat to be approved? We're not are we? Stiles: You can reconsider it anytime within 45 days. Bentley: Mr. Mayor it's obvious that this is going to have to be tabled. My question is two weeks or four weeks? Rountree: You can go to the 16tH Bentley: Mr. Mayor I move we table plat for the Villas at the Lake Subdivision until March 16th, 1999. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to table item number 13 final plat of Villas at the Lakes Subdivision until March 16t" 1999. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 14. DEPARTMENT REPORTS: A. GARY SMITH: 1. JUB ENGINEERING AGREEMENT FOR WATER LINE PROJECT. Smith: Mr. Mayor and Council members, the first item I have this evening for your consideration is approval of an engineer agreement with JUB Engineers for design, plan preparations and bidding documents concerning the extension of our water system distribution system. The estimated construction cost of the water system expansion that we will build this year is $940,500. The overall estimated construction cost of the system as it will be designed is approximately 1.12 million dollars. Our budgeted amount didn't -didn't have enough funds in there to build all of it, but we did want to get it all engineered and plans prepared and ready to go. This project is broken into two XEROX 2_; 3- 9-99 2:4HPM; 20H 37H 631H => 20H HH7 4H13; #1 • r1 L_ Past-it' f•~t1x tVOCC? ~ (~F_YJt e., r 1 J ,. I Hr:nr ~I I' {.{N AJ ' ;1 ~ ~ + li .~~. / 1- tl~/.. /',... March 9, 1999 Mays>r and City ('emrn_il City ol'Meridian 33 1';,ttit Idaho Avenue Meridian, In ~36a12 Si.-hju~(; X4927?-Qfi 'The Villas at the I.akcs Sulxlivixicut Uear h9nyar f-nc'I City ('ctuncil, ~ ;~ ~ t)'rir. / ~ {~ .. Frva ~ ~ Y ~,_ t CiC~~ ti'G r, ~ C;:~ i .~ ILA....... ~.. ...... ' ~ :.~i, .... _... .. . r'llor.r ++ .~. .~~ ~ ~ ~ ~, r- I :Ik !' T7tis letter is itt response to the cotttmcnt~ tty yuur staff"dated f ebn,ary 16, 1999 on the tinat plat of 1'he Villa:; at. the l,.~kcs Subdivision: <;f•:NF:kAI. (.'UMMt~N'1'S I . The twu e;?cisliu~; irrigatiun ditches, ti[aOard Sub and bight Mile laterals, along the prujce;t l>oundarv art to remain upon and will not be piped in accordance with (.'ity Ordinance Secliun ] 1-~)-GQS.M. No pthur irrigation ditches cross this proje;ef. 1.. '17tis property does not have jury wells or septic tanks on it• C'ity's sewer and watc;r system ;Nrves the existint, ('henv Latte golfclubhousc. "I'hc clubhouse will hr romoved and sewer and wf~trr ,etviccs will he ahandu~icJ in aceutYlance: with the City's requircmcnts. 3. Nampa 8c Meridian Irri~,atian f)ist.riet has jun.dictic+n uvc.r rho pressure irrig<tion system. Pressure ir7•igation will be an extension ut'Ihe systc;m that serves 7'he Lakes at Cherry I,aneuhdivisions. 't'he: systcf;ri i:c ttwncd and maintained by the Nampa ~ Meridian ln'i~;ation Uistriei. An approv;il letter liar thcsystcrn extension to scn•c'l'hc Villas aft the L,akcs Subdivision will be submitted to the: Meridian Public We~rks I)cpartrne:nt prior to scheduling the pre-construction meetinn. A letters>tcrcrlit, catih, sir - apprrtpriatc; hRmding for thc~; itripruvcrnesnts will be in place prior to the City sinning the final pl>tt. ~'l. 'the Fb:MA floodplain does not affiect any hits within this uhdivisiun. 5. The fire hydrant loe:atie~ns were cctordinatcxl t~ith the Meridian Puhlic Works I)cpal~ment. 6. A copy of the .~da County Street Nan,c (:olr~rnittcc's approval lcucr will be submitted tct ttl~ Me;richiu~ Public Works I:)epartment whc;n the lnal plat mylar is submitted for the City N;ngineer's si~:~.)tatw•e. 7. All items conlaine:d in the; rtwrru~randun, dated F'ebniary 16, 1999 will be addressed in this letter and at the. Marclt 24. 1999 Meridian City C'auncil meeting. 'I•hrce copies of the final plat for "1'he 'Villa, zu the Lakes Suhdivisicm will be submitted tit Mr. C3rucc Frecklet~n. Meridian Puhlic Works 17c1>vtrtntent, I~,r review prior to develw7prnent plan apprc,val. uui sz out's MAR 09 '99 14 49 208 378 6318 PAGE. 01 SENT BY: XEROX 2_; 3- 9-99 2:4HPM; 20H 37H 631H => 208 HH7 4H13; #2 • C°itv c)I'Meridiau March ~, 199 I'a~ae till'I" Sl'BC'I1~1(' ('Uti1lv1L'N'1'~ The final plat, prior to suhtninrtl 1~)r signature by tlic Oily, will be rcviscti to canfi,rrn to ttx• appr«vcd preliminary plat. ~. /1 six-feat-hi,tJt, pcnnancnt, Wan-comhustiblc perimzter fence will he constructed alum; U1~: subdivision boundary prior tri aMaining building (x;nnit~ except along the back lot line of [.Jots 3 throu;:h 13 acid the northerly lot line of 1.ot 14 Block l . T'he fence along tltc bfu:k lot lines of Lots 3 through l 3 Block I shall he as shown on the detailul landscape pl:.uts. A letter of credit at• crtsh will be pasted with 111c City prior to retluestin~t the (.;ity's signature on the final plat, I)ct.aileil latulscape plans inchtding sizes and pecies af'vc~;etation. fencing details, and waCkwAy detaila li)r all common areAS will he submitted for approval. ,I'hc fencing along the. hack k)t lines ~~f"L.ots through 13 and the: northerly lot line of l.,ot 14 I31cx,k I will he as shov<~n on flee lsndscap~ {Mans, A letter ufcrulil or cash will be pruvidul lug these) improvements prior to submitting the lino! plat for sil;naturc. Pivc-lout-wide sidewalk: arc ~}t(1µ71 and will be canstnrcte'd along the street I~~u,tages of Lots 2 through 13, the Cire:nda I.a,1e frontage of Lots 20 and 23, the s•tree[ frontage of l.ol 21, the. Daly I..a1nc frontage al' l ~x 2R, anJ the street ticnuage of i,~)ls ~9 through 4U, all in 131ock l . .111 other tats with street (n)ntsgc- will have a 4-toot-wide I;rucn sp:u;c between tht; back of curb and the Inoperty line, except where paved drivcwtiys provider accrrs tit the n:spec:tive tats. ~t3nitary sewer scn-ice to this project ha.. been ci~urdinaled with the Meridian Pt)hlic Wark~ !)etnnmeiat and is chawtt on the development ph~ns. Water service to this projec[ Ik~s hero axndin:xtcd with nc~ vleridian Public Work, f)efiar)n-ent an~i is shown on lha development pl~uts. All street signs, road hsu:, street.lilhts, pressurizucl irrigation system, darnestic water systcrn (uctivc fire hydrants), »n)I fencing will hc; itist:tllnd prior to obtaining building permits. 8. 'llte 15-fact-v+~~ide utility And ctraina~c crien)u)t alum; the suvet provides space fife the utilities :nest subsurface drainage system. 1'ht; subsurface drainage system, shown in a section an sleet •I of tl)e devehpment plans, is three intiht~turt set side by side at the back of curb within Wins; feet of the easement. Other utilities will be placed in the balance of the 15-trot easement. ~). "1'he tidal plat will show the lU-fcx>t-wide publii: utilities, drainage sad irrigation casements adjacent to 1'Gdr' IOI lrrlcs ir)ld Ill a1hc,1' Ilx;atlUnS krS JIIUwII t)11 (.IIC WPV of tltL plat attached to the City's memartndum ciatett t~ebruarv I G, I yy9, It-. The extra width at the entrance to the subdivision is provided tar art entrance island and public turnaround. I'he isl:trtd is shown an the dcvclopmcnt and landscape plans. `T'he 1)evelaper «ill ent.r~r irtta a licenc ti};rceme:nt with Ada County 1 li~;hway I )istrict tv wnsttl-ct and maintain the island. MAR 09 '99 14:50 208 378 6318 PAGE. 02 SENT BY: XEROX 2_; 3- 9-99 2:49PM; 208 378 6318 => 20t3 887 4H13; #315 (;ity of Moridiart IVla.rc:h ~, l~K>Sl Page .i 11. 'T'he live; parf.in~t spac:eti a.rc shown on the development plan.. It is inappropriate to show the parking spaces nn the final plat. I?. Priut'to submittal afthe fins! plot fvr signature, Note No. 3 will he rc;vised as follow.: "'!'he minimum boost; sixe excluding the gtu"ei~C shflll l)C ll00 SgUal'C feet Il)r LUlS ~ through I(, t,ot 2U, Lots 3U Ihruugh 37, lots 41 lhruugh ~~5, utd Lot 47 Eilock 1. The minimum houa sire excluding tlti; t;uxt;c shall be 1250 square feet for Lots 21 through 2G, Lr,ts ?F, 24, 38 and 39 F31ock 1. 'I~he minimum house size excludint; the ~trage shall be 130 square feet for hots 17, 18, 19 and 4Fi I~lo~k 1, I z. 'I'hv lakat Subdivision Evaluation Sheet dated .lartuary 29, 1999 r•t;quires Lot 4 to be renurnherc~d L,~~t I ;at~d go from ihurc. The effrct of that r~qucst is to number L.ot 4 as L,ot 1; number l,c~t. 1 as L.c~t 2: number L.ot 2 a. L.ot 3; number l.,ot 3 ;is I.ot 4; and not re-nurnbcr the balance ol'the lots... copy c~l'thc Subdivision l:ivahtation Sheet is included fir your referenc;F;, T'he final plan will be: revised to show tt-c chan~,n;s when submitted for signaturr~. I ~i, i'his cammern is aft open-ended request. We believe this is fln unrcaWmahle; ccrmmettt. Please note that Ni-tc No. I on the final plflt dated Jsnt~,y 7, 1099 is in en•ctr. "I'hc crra• was discirvcred ~rul a fetter dated February 8, 1999 was sent to Mr. Will 13crg to correct that error. A copy of` the February K, t 99y letter is attached. A revised plat was not submitted in an aUempt to avoid confusion. Prior to suhmittint the final plat for signatt.u~; by the City, the note will be revisc;d as srtted in the T'ebruaty 8, 1999 letter, exc;upt re}erence to [,crt 2, will bc; revised to l.crt ~. 'll)is Ictt number revision con.f'ortns to the latest subdivision ev~~htat.ion sheet. 5incsrely, PA(`I1'1(' I .AND SURVEYUltS A division t~fE'OWI;R ~naineers, Inc. .. - Keith }.,. Jawbs, Jr„ I': E;. KI ..I/S( t:nclosures ccr. Mr. i)~~u~, C:amt-hzll, 4teiner I~velopment curt ~z u,o; MAR 09 '99 14 50 208 378 6318 PAGE.03 SENT BY: XEROX 2_; 3. 9-99 2:49PM; 208 378 6318 => 20B 887 4813; t#5/5 ~ 1295 S. 6sglt Flight Way X0150. ID 83709 (2081378-6387 F»X 1208) 378-W25 --- Febntary 8, 1999 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Subject: 549272-~06 The Villas at the Lakes Subdivision, Final Plat Dcar Mr. Berg: I wish to point out that Note No. 1 on the final plat of The Villas at the Lakes Subdivision is in error. T11e note should read As follows: Building setbacks and dimensional standards in this subdivision }hall be in compliance with the applicable inning regulations of the City of 1~leridian, except as herein modified. The house front yard setback for Lots 2 and 29 Block 1 shall be 15 feet- The hour a front~d front yard setback for Lots 21, 22, and 28 Block 1 shall be 18 feet. The garag Y setback for Lot 29 Block 1 shall be 18 feet. d 29 and 38dand 39 B ockg sha~be 0 feet eThe Lots 21 anti 22, 23 and 24, 25 and 26, 28 art , stn:et sideyard setback for Lots 22, 45 and 47 Block 1 shall be 15 feet. The street sidcyard setback for Lot 41 Block 1 shall be 1$ feet. °I'he Note No. 1 on the final plat mylar will be corrected to read as stated above prior to submittal to the City for sip~nature. Attached is a copy of the (setbacks) table that correlates the lot numbers with the final plat and the preliminary plat dated September 1, 1998 for your reference. 1f you have questions, please call me at 378-6385. Sincerely, PACIFIC LAND SURVEYORS A division of PO ~• ~~=• eith L. Jacobs, Jr_, P. E. Ati~:u:tunau cc• Mr. Stevt 13racibury PI .~4U1 3z-~~:5z MAR 09 '99 14:51 ;i ~Irvis~~m ~~I PO\VER F;n~:inc~crs. Inc . nn 1Jahu Cuipon~ioxt 208 378 6318 PAGE.05 SENT BY: XEROX 2_; 3- 9-99 2:49PM; 209 378 6318 => 20H 8B7 4813; #4(5 ~ECI~IVED SUBDIVISION EVALUATION SHEET ~E8 1 6 1999 PLS Proposed Development Name HE VILLAS at the LAKES _.,__ City, Meridian ,.___ Date Rpviewed~28/99 Preliminary Stage ~____, Final XXX Engineer/Developer Pacific Land / Steiner Development The Street Warne comments listed below are made by the members of the AC.'~A COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Br,'fISA City Street Name Ordinance. he followi_ na existing street Hants, i~ aUraroved and sha11 appear on the plat. _. _.~.__M "N. INTERLACHEN WAY" .,___,....__ .~.~._..~.., .W "W. CHCRRY LANE" .,_,.._..._ _. "N. BLACK CAT ROAD" "W. DALY LANE" is artproved and shall, a~~ear_Qn the plat. "W BRENDA LANE" is aoaroved and shall appear on the plat These findings are subject tp recordation of surrounding properties. The above street name comments have been read and approved by the following agency representatives of th®ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by thtt representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM E, AGENCY~rREPRESENTA'TIVES OR DESIGNEES ~ _ _,, . „ Ada County Engineer John Priester ~" '' ° ~ , % Date ~.~ ~ ~ __,~' Ada Planning Assoc. City of Meridian Fire District Meridian Ann Hurley Representativ Repr~esentati~ Date ~ ...<.,~ ~;; c7~,~ Date .? '~ ~ " '~ G Date .~Lf ...y~,. ~1.~:..._~- NOTE: A copy of this evaluation street must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed Il I I __~_,__ Sub Index _ Street Index ~N 1W 3 Section ~f -- . _......._..--- NUML3ENING OF LOTS AND BLOCKStt,-_,~,,z;.~, ~ ~ a ;.~ ,• ~ .~,, ~, ! ~~ ~ ,;~,~ ~ "AC's, --i rat /~~~y~ [ . Tr~suessnn crrr,rnnn f ,( ~ ; "~ ,~ ~~ , MAR 09 '99 14 50 208 3?8 6318 PAGE.04 ** TX CONFI~ION REPORT ~* AS OF MAR 12 '99 11 09 PAGE. 01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MIN~SEC PGS ----11- 03112 11 08 PUBLIC WORKS OF--S 01'22" 005 ,.".. .,.. ..~.... _r ,. „ ,... ~. ,,...,r ~.... ,., .. ..,.,,. _ .. ' .,sir. .,..~ ~.__ ..._ r •,,., , CMDki STATUS 147 OK ~va.r aau• „~ra+, R. Pcrst-ft` Ftr. Nutrr '1171 ti-rt~~ _~-~~. ~~a ~r._~ .__. I T ~ ~ rte.. __' _ ~ .~.3,;_~~,.~ ~_ J`If gut. ... (..._Ll...~~:~.-~-.- i'..•, ',~, j ti~,., _. March 9, 199y A+layor:urd C:Ity ('nunci) C'°ity vl•Mcridian ) 31-us1 !dope Avetnuc Meridian, IQ A.3642 Sublcta~ 549272-OG 71tc Villas a( the Lakcc Sulxlivi~iun Dear h1nyor tmd City ('erttncil: TAic Icncr is in mspwtse to the ct~mntcnt~ by your st;tlt'datca ~cbn+bry 16. i 99t) on the lino! plat of I he Villas at flu L.Akcs Subtlivisiun. CC•NF:RIII. C'OMMtN'I'S I. 'fhc two cxisliug irrigitliun tlitchts, tinl'torr( Sub and lriE;hl Milr latcrols, along the prujexa boundary arL to rt:rr-nin upon and will not hr p',pcd in ar:curJance with C'iN Qrdinancc Scclion I 1-9-6t)S.M. Nn r,thcr irrigation ditehae cross this pmjext. 2. 'll)is pmprrty doers not pout: atty welly ur u;ptic tanks on ir. C'iry's sewer a,td watLr system ,~rvcs the rxisting C'henv L.ttne golf clubhouse. "I"hc clublxx~u will Ix: ron)avcd and sewer acrd wok;r ycwicct will Fx: alrand+xtctl in accunlancr with thA Ciry's regWrcments. Nampa dfc Meridian Irrigation 1)icuict htu,jurudictic+tt over U)u prrssurr irrigation system. I'ros,.urc irrigotl+~n will be an c~u;n!+ion ul'tht: ryslcm that serves 7'he lakes at Cherry 1 anr;ulxlivi,rcrns. The systun ii owned :>ard maiautincd by the iV:,mp:, !k Meridian Irrigation District. An approval Ielter lirr the vyslCm cxluaion to scrvc'I'Ix; Villas Af the Lakes Subdivision will be „ubminerl to the: Mrritlisn public Works Ikparnncn( prior to scheduling thrpre-eanstruetion meeting;. A Icncr of crttillt, each, nr • ttppmprlatc bonding for (hex; irnprovuncnls Nill be io place privy to the City sil3ning thr final plat. ~1. 'lhe F'EMA tloudplain does ~at.-f1EC[atty Intc within thi,uhdivii,ur. ~. "I'he fire hydrrtni loeationa wurc coordinatal with Urr Meridian Public Works Ucp:utimunt, b. A Copy Ufllte` Ada ~:Ollllty 5n'CCt Nntnc (:On'Irlllltel`~S approval Iralar will be subrnittee( to the MvriJuut Public Works I,k;ptvlmrrtl when ttlu lino! plat -nylar is submitted fur the City F~t)kineer's si;.tnaau'e, 7: All items cvrdainrxl in the: mthnuranJurn dtlcd Fcbn,ary 16, 1999 will be addressed in this latter and at the Mwcl) 24, 19vy Meridian City C'vuneil mteting;. 'lArce copios ofthe final plat i'or'1'he Vllla., at the I.akec Subdivision will be submitted n) Mr. firucc I'recklemn, Meridian Public Work. i)cl>rtnn,cm, for rcwicw prit+r u+ devclnpmt:nt plan apl>mval. out ix uu~s r .~rd..~ ..,.... .. rIAR 09 ' 99 14 ~ a9 208 378 6316 PAGE. 01 • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 16 1999 APPLICANT: STEtNER DEVELOPMENT ITEM NUMBER: 13 REQUEST: FINAL PLAT FOR VILLAS AT THE LAKES SUBDNISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS Uj~ ~~ h" %v (~ h~,.~ (~ ~Q.~U ~~ -~~" OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Memberc CITY OF MERIDIAN ~ _ PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83 (208)887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208)-~,1°,r'E 1 1 L PLANNING AND ZONING KEITH BIRD ~L./ DEPARTMENT ,lq ~ ~ g 1999 I708~ 88d-5533 City of Meridian City Clerk Office TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMEN T PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 9, 1999 -- TRANSMITTAL DATE: January 15, 1999 HEARING DATE: February 16, 1999 FILE NUMBER: FP-99-002 REQUEST: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY: STEINER DEVELOPMENT LLC LOCATION OF PROPERTY OR PROJECT: NW OF CHERRY LANE VILLAGE NO. 1 TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM &,FINAL) IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT ADA COUNTY (ANN TIO FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMARKS: CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES • HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 884--1264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (''-08> 8s~-2z t t RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING DEPARTMENT KEITH BIRD (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _February 9, 1999 TRANSMITTAL DATE: Januay 15, 1999 HEARING DATE: February 16, 1999 FILE NUMBER: FP-99-002 REQUEST: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY: STEINER DEVELOPMENT LLC LOCATION OF PROPERTY OR PROJECT: NW OF CHERRY LANE VILLAGE NO. 1 TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM &,FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: / '1 / G~ G'__ _ r U .v->ti W + C r4- • HUB OF TREASURE YALLEY~ Mayo A Good Place to Live ROBERT D. CITY OF MERIDIAN CHARLES RO 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KECfH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT t2os>ss7-22tI PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: February 9, 1999 TRANSMITTAL DATE: January 15. 1999 HEARING DATE:February 16, 1999 FILE NUMBER: FP-99-002 REQUEST: FINAL PLAT FOR VILLAS AT THE LAKES SUBDIVISION BY: STEINER DEVELOPMENT LLC LOCATION OF PROPERTY OR PROJECT: NW OF CHERRY LANE VILLAGE NO. 1 TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ROBERT CORRIE, MAYOR RON ANDERSON, C/C NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM &,FINAL) IDAHO TRANSPORTATION DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~ S h ee~.rr i~ CITY ENGINEER / CITY PLANNER CITY FILES RE°E~D .Ex=~,~~~ 3,..~.... CITY OF MERIDIAN :~~~~~~~ .~~N 1 5 1~~9 <4'~ri~an City ~'.`~a iii~l' $tl~fltlt@iKl@:It ~J 00 .l A N 2 2 1999 CITY OF MERIDIAN City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Jim Carberry at 888-6701. Reference: Villas at the Lakes Subdivision Elementary School: ,Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary School is over capacity. Meridian Middle School is over capacity and will remain so until the fifth middle school comes on line in the fall of 2000. Eagle High School is over capacity. Sincerely, ~~ti~~ tm Carberry, Administrator of Support Services BOARD OF TRUSTEES Rex Harrison • Wall~~ Hedrick • Hollp Houfburg • David W)~nkoop • Steve Mann SUPERINTENDENT Christine H. Donnell REcE~D January 21, 1999 SU~IVISION EVALUATION ~EET RECEIVE FEB 01 1999 Proposed Development Name THE VILLAS at the LAKES Ci Meri pity of Meridian ~ Office Date Reviewed 01/28/99 Preliminary Stage Final XXX Engineer/Developer Pacific Land / Steiner Development The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street name is approved and shall appear on the plat "N. INTERLACHEN WAY" "VN. CHERRY LANE" "N. BLACK CAT ROAD" "W. DALY LANE" is approved and shall appear on the plat "W. BRENDA LANE" is approved and shall appear on the plat These findings are subject to recordation of surrounding properties The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM E, AGENC REPRESENTATIVES OR DESIGNEES ~ /~ _ ~' Ada County Engineer John Priester ~' ~ = ~ Date ~ ~ ~~' .~ ~ ., Ada Planning Assoc. Ann Hurley City of Meridian Fire District Meridian Representative Representative Date ~ ~~ ~ ~ ~ j Date I Z ~'' - ~ Date -7`-;~~=-' NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed l l l! Sub Index Street Index 3N 1 W 3 Section NUMBERING OF LOTS AND BLOCKS ~~~'',~ ,v ~ ~_~ ~ - ~ ~ ,>,G ~'•':br,' , / ~~~ TRaSUBS~SM CrrY.FRM L W' CENTRAL C •• DISTRICT i~'HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPARTFIENT Environmental Health Division Conditional Use # Prelimina Fin Short Plat Ui//~'s C~~- 7-~i~ Lr/lNS ~l ~i/isi~n Return to: ^ Boise ^ Eagle ^ Garden city ..[~ Meridian ^ Kuna ^ Acz RECENE~ ^ I . We have No Objections to this Proposal. J A ~ Z 7 199 ^ 2. We recommend Denial of this Proposal. CI~ QF MERjDIAN ^ 3. Specific knowledge as to the exact type of use must be provided before we-can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ..®. central sewage ^ community sewage system ^ community water well ^ interim sewage .®' central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: -central sewage ^ community sewage system ^ community water ^ sewage dry lines .lamcentral water ^ I o. Street Runoff is not to create a mosquito breeding problem. I I . Stormwater disposal systems shall be reviewed by W2 relative to: ^ Wasce Disposal Injection Well rules. ~~roundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store q' ~ .L~~ 15. -St_°ti' C!' T7GG~i ~d `'-f- G a ~y /~7 P~ ~4 T/~`i ~ Date: ~~ 2 3 ~~ ~S' r o r/Y~ !,!/'R ? Ch IY1A/7Gi GJ ~ h'l Gh T. Reviewed By: are Review Sheet fDHD 10/91 rcb, rev. I/95 i • TH ENT h1AIN OFFICE • i0i N. AfitidSiRONG 01. • BCISE,10 83iC3-0d?5 • (:C9) 3i 5•~?I I • Fa:( 3?i-8SC0 Tu pre~•rnt aruf treat disease and disability; to pruuevte /realflty lifestyles; and to protect acrd prvrnote the /realt/r arrd gnaliN of Derr environment. . STOR1v1tiVATER MAI~iAGEl~1ENT RECOMy1ENDATIONS tiVe recommend that stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project -- should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing- groundwater and- surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. stormwater 3/93:diy Servi~tg Yafley, Elmore, Boise, and Ada Counties Ada /Boise County Office Ada-WIC Setellite Office Elmore County Office vclley County Office I;t Srreer 7C3 N 7C7.`I. Armsrcng PI. Ih06 f2cCer,S 5~0 ~, atn Street N. IO 8Jda7 Mountcin ~!cme . ?.O. oox Icaa ae~se. to aJ70a Heclrn: 327.7a99 E aose. Ic aJ7c5 Ph. JJdJJS . Enviro. aecun: Sa7.7225 n~ICCcu. 10. a36Ja %ICa a rr~:ro. Fcm:ly P!cnn:nq: J27-7a00 -7' FAY. 33a•3...,~.• Family Hsclrn: Sal-x:07 WIC: Sai•ac09 Fn. c3 - FAY: 6Ja-217a Imr.un~zCncr^s: J27.7a„aC Son:cr:`lurnncn: J27.7ab0 ^ _ FA;<: Sa7•J521 CENTRAL ~~ DISTRICT ~~EAL D EPARTM 'P/IC ]27Jaa9 SAY ]27•~SCO .. • • RECEIVED E~ `~ ~ X999 City of iVTe.ridian City Clerk Office / ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: 1~Fnetl for The Villas at the Lakes Subdivision -Steiner Development LLC Dear Commissioners: The Nampa & Meridian Irrigation District's Saf, j`ord Lateral courses through the southeast corner of the project. The right-of-way of the Safford Lateral is 40 feet; 30 feet to the right and 1 S feet to the deft of center facing downstream. Idaho Code 42-1208--RIGHTS-OF-WAYNOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at 466-0663 for approval before any encroachment or change of right-of--way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. Adl municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely l~ Henson, As~strWater Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: din cc: File -Shop File - O„~'ice Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23.000 BOISE PROJECT RIGHTS - 40,000 1 February 1999 7?a~syur. & ~le~ud~ao~ ~I~u'gatia~ 2~ceazict 9 February 1999 Keith Jacobs, Jr., P.E. Pacific Land Surveyors 1295 S. Eagle Flight Way Eoise, ID 837f~9 ~- _ - -- --- -- 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 COP RE: Land Use Change Application for The Villas at the Lakes Subdivision Dear Keith: Enclosed please find .a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development. is under a "rush" to be finalized, I would recommend that you submit a cashier's check, -money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, f strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure urban irrigation system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office or John P. Anderson, at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent Steiner Development, L.L.C. City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS 23,000 BOISE PROJECT RIGHTS 40,000 i i HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD n ~ ~'~ ~ 7 ;'~ Il,FJV~i1 v "~',~ MEMORANDUM: J "F E B 1 6 ~~ CITY OF ~RIDI~ To: Mayor and City Council From: Bruce Freckleton, Assistant to Cit % gineer~ Shari Stiles, P&Z Administrator GTE' Re: THE VILLAS AT THE LAKES SUBDIVISION (Final Plat by Steiner Development LLC) LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (zo8~ 8s7-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 February 16, 1999 We have reviewed this submittal and offer the following comments, as conditions of the final plat. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M, unless a variance has been granted. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash will be required for these improvements prior to signature on the final plat. 4. Indicate on the final plat map any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. Villas at the Lakes Subdivision.FP Mayor and City Council 2/16/1999 Page 2 • 7. Please address all items contained in this memorandum (both General and Site Specific) during presentation of the final plat at Meridian City Council. Due to the lateness of staff comments, applicant will probably need time to review and prepare appropriate response. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC COMMENTS This final plat needs modification to conform to the approved preliminary plat. 2. Six-foot-high, non-combustible, permanent fencing is required to be in place along the subdivision boundary prior to obtaining building permits. Fencing shall be installed on lot lines and not within common azeas. Detailed fencing plans need to be provided for review and approval A letter of credit or cash will be required for these fences prior to signature on the final plat. 3. Submit for approval detailed landscaping plans, including sizes and species of vegetation, fencing details, and walkway details for all common azeas. A letter of credit or cash will be required for these improvements prior to signature on the final plat. All landscaping and pedestrian walkways are to be completed prior to obtaining certificates of occupancy. 4. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 5. Sanitary sewer service to this site will be via an extension of existing mains. Applicant will be responsible to construct the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes aze to be provided to keep the sewer lines on the south and west sides of centerline. 6. Water service to this site will be via an extension of existing mains. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7. All street signs, road base, street lights, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 8. What is the purpose of the 15-foot-wide utilities and drainage easement adjacent to the private road? 9. Graphically depict ten-foot-wide public utilities, drainage and irrigation easements adjacent to reaz lot lines and in other locations as shown on the attached plat copy. Villas at the Lakes Subdivision.FP Mayor and City Council 2/16/1999 Page 3 10. Given that this subdivision will not be gated, what is proposed for the extra width at the entrance to the subdivision? 11. Five parking spaces were to be included on Daly Lane as a condition of the preliminary plat These spaces should be detailed on the plat. 12. A condition of approval of the preliminary plat was that 29 of the homes within this subdivision were to be 1,600-square-foot minimum, exclusive of gazage. This leaves a total of four lots that were approved with a minimum house size of 1,304 squaze feet. Note 3 indicates that only 11 lots have the 1,600-square-foot designation. Revise Note 3 to reflect conditions of approval. It will be physically impossible for some of these lots to have a 1,600- square-foot minimum house with atwo-car garage unless they aze made two-story units. Applicant needs to provide building envelopes on all lots to ensure compliance is possible. No two-story units were presented with the conditional use permit. 13. All lot numbers will change as a result of the Ada County Street Name Committee's review. Staff recommends that approval of the final plat be tabled until a final plat map is submitted that incorporates the requested changes and conditions of the approved preliminary plat. 14. Staff does not propose these comments to be all-encompassing and reserves the right to impose additional conditions upon further review of the revised final plat submittal. Villas at the Lakes Subdivision.FP 3~rn n~ a N 00' 30' 1 1 °~ 26.71 ~ ~~ S EIS w.c. _ ~ 6834 ~T~rj 1VINC -~ ~~ ~7" ~ S se\ 2 TEAL sq •, ,, ~s> ~ N z1ro5'a9" E '^ ,'~^'~ ~~~~ 08 1 25.00 I~ 14 p~ 13 ~$ ~ ~,~ `g ~ R.M. 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A T T O R N E Y S A T L A W Stephen A. Bradbury February 2, 1999 William F. G' ray, III MERIDIAN TY ATTORNEY 33 E. I ho Meri an, ID 83642 Re: The Villas At The Lakes Subdivision Dear Bill: REcErvED ~ ~ B - 3 1999 CITY OF MERIDIAN In accordance with the approval granted by the City Council for the above-referenced subdivision plat, I am enclosing for your review and approval a draft of the proposed Declaration of Covenants, Conditions and Restrictions of The Villas At The Lakes Subdivision. It is my understanding that the City Council will consider the final plat of the above-referenced subdivision at its meeting of February 16, 1999. Once you have had an opportunity to review the enclosed, and should you have any questions, comments or concerns, please feel free to give me a call and I will make whatever modifications are necessary. Very truly yours, tephen A. Bradbury ~~ S :II nclosure cc Will Berg (w/enc.) Doug Campbell (w/enc.) Sandy Clay (w/enc.) Keith Jacobs (w/enc.) P.O. Box 1097 • 877 Main Street, Suite 500 • Boise, Idaho 83701 Phone (208) 331-1170 • Fax (208) 331-1529 E-Mail Address: jg@idalaw.com • DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE VILLAS AT THE LAKES SUBDIVISION *~~~~ THIS DECLARATION is made on the date hereinafter set forth by Louis J. Steiner, an individual, hereafter referred to as "Declarant". WITNESSETH WHEREAS, Declarant is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the Properties," more particularly described as follows.: THE VILLAS AT THE LAKES SUBDIVISION, according to the official plat thereof, recorded in Book _ of Plats at Pages and as Instrument No. recorded on the day of 19 ,records of Ada County, Idaho; and WHEREAS, Declarant desires to subject the above described Properties to certain protective covenants, conditions, restrictions, reservations, easements, liens, and charges for the benefit of the Properties and their present and subsequent Owners as hereinafter specified, and will convey the Properties subject thereto; NOW, THEREFORE, Declarant hereby declares that all of the Properties above described, except Lot 4, Block 1 thereof, shall be held, sold and conveyed upon and subject to the easements, conditions, covenants, restrictions and reservations hereinafter set forth, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of, and which shall run with the Properties and be binding on all parties now or hereafter having any right, title or interest therein or to any part hereof, and shall inure to the benefit of each owner thereof. ARTICLE I: DEFINITIONS The following terms shall have the following meanings: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 (February 2, 1999) • i Section 1. "ASSOCIATION" shall mean and refer to The Villas at The Lakes Homeowners Association, Inc. anon-profit corporation organized under the laws of the State of Idaho, its successors and assigns. Section 2. "PROPERTIES" shall mean and refer to that certain real property hereinabove described. Section 3. "COMMON AREA" shall mean all real property and improvements thereon (including private streets, drives, parking areas and recreational facilities) owned by the Association for the common use and enjoyment of the Owners. The Common Areas to be owned by the Association at the time of the conveyance of the first Lot is described as follows: Lots 1, 27 and 40, Block 1, The Villas at The Lakes Subdivision, according to the official plat thereof. Section 4. "LOT" or "LOTS" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties, with the exception of the Common Areas. Section 5. "OWNER" shall mean and refer to the record owner, whether one or more persons or entitles, of the 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 6. "DECLARANT" shall mean and refer to Louis J. Steiner, an individual, his successors, and subject to the provisions of Article XV, Section 4, below, his assigns. Section 7. "DECLARATION" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the office of the County Recorder of Ada County, State of Idaho. Section 8. "DWELLING UNIT" shall mean that portion or part of any structure intended to be occupied by one family as a dwelling unit, together with the vehicular parking garage next thereto, and all projections therefrom. Section 9. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Dwelling Unit or any part thereof is encumbered. Section 10. "MORTGAGEE" shall mean any person or any successor to the interest of such person named as the mortgagee, trust beneficiary or creditor under any mortgage, as mortgage is defined in Section 9. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 2 (February 2, 1999) • • Section 11. "FIRST MORTGAGEE" shall mean any Mortgagee, as defined in Section 10, possessing a lien on any Dwelling Unit first and prior to any other Mortgage, as that term is defined in Section 8. Section 12. "INSTITUTIONAL HOLDER" shall mean a Mortgagee which is a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. Section 13. "PLAT" shall mean a final subdivision plat covering any real property in The Villas at The Lakes Subdivision as recorded in the office of the counter recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereto. ARTICLE II: PROPERTY RIGHTS Section 1. Enjoyment of Common Area: Each Owner shall have a right and easement of enjoyment in and to the Common Area, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject, however, to the following provisions: A. The right of the Association to levy reasonable assessments for the maintenance of any landscaping improvement or other facilities situated upon the Common Area. B. The right of the Association to suspend the voting rights and right to use of the recreational facilities 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 published rules and regulations. C. The right of the Association to limit the number of members permitted to use the Common Area. D. The right of the Association to charge reasonable admission fees for the use of any recreational facility situated upon the Common Area or otherwise controlled by the Association, including, particularly, the right to charge a special use fee for members who desire exclusive short-term use of such facility and who are willing to pay a special fee or assessment for such use. E. The rights of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and facilities; and, in aid thereof, to place a mortgage or trust deed thereon, which shall be a first and prior lien thereagainst; provided that the Common Area may not be mortgaged or conveyed without the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 3 (February 2. 1999) consent of at least 66-2/3% of the Owners (excluding Declarant), and that any conveyance or mortgage of Common Area shall be subject to and subordinate to rights of ingress and egress of an Owner to his/her Lot. F. 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; provided, however, that except as to the Association's right to grant easements for utilities and similar or related purposes, no part of the Common Area and facilities may be alienated, released, transferred, hypothecated or otherwise encumbered without the written approval of all First Mortgagees and two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly held for this purpose. G. The right of the Directors of the Association to promulgate reasonable rules and regulations governing such right of use, from time to time, in the interest of securing maximum safe usage of the Common Area by the members of the Association without unduly infringing upon the privacy or enjoyment of the Owner or occupant of any part of said property, including without being limited thereto, rules restricting persons under or over designated ages from using certain portions of the Common Area during certain times and reasonable regulations and restrictions regarding vehicle parking. Section 2. Delegation of Use: Any member may delegate, in accordance with the rules and regulations adopted from time to time by the directors, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers, provided they reside on the property at the time of use. ARTICLE III: HOMEOWNERS ASSOCIATION Section 1. Membership: Every Owner of a Lot which is subject to assessment shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the payment of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Such ownership shall be the sole qualification for membership and shall automatically commence upon a person becoming such Owner and shall automatically terminate and lapse when such ownership in said property shall terminate or be transferred. Absolute liability is not imposed on Owners/members for damage to Common Areas or Lots in the subdivision. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 4 (February 2, 1999) Section 2. Voting Rights: The Association shall have two classes of voting membership: Class A: Class A members shall be all Owners, with the exception of Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Fractional votes shall not be allowed. The vote applicable to any said Lot being sold under contract of purchase shall be exercised by the contract seller, unless the contract expressly provides otherwise. Class B: Class B member(s) shall be Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs first: A. When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class 6 membership; or B. On December 31, 2009. Section 3. Assessments: A. Creation of Lien and Personal Obligation of Assessments: Each Owner of any Lot, by acceptance of a deed therefor (whether or not it shall be so expressed in such deed), is deemed to covenant and agree to pay to the Association: 1. Regular annual or other regular periodic assessments or charges; and 2. Special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The regular and special assessments, together with interest, costs of collection and reasonable attorney's fees shall be a charge on the Lot and shall be a continuing lien upon the Lot against which such assessment is made. Each such assessment, together with interest, costs of collection and reasonable attorney's fees, shall also be the personal obligation of the Owner of such Lot at the time when the assessment fell due. The obligation shall remain a lien on the Lot until paid or foreclosed, but shall not be a personal obligation of successors in title, unless expressly assumed. B. Purpose of Assessments: The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, safety and welfare of the residents in the Properties, for the operation, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 5 (February 2, 1999) i ~ maintenance, repair and improvement of the Common Areas and facilities located thereon, for the reasonable expenses incurred in the operation of the affairs of the Association, for the expenses incurred by the Association in connection with any of its obligations contained in this Declaration or in the Bylaws of the Association, and for any other purpose reasonably authorized by the Directors of the Association. C. Maximum Annual Assessment: Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be 5 1. From and after January 1 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 ten percent (10%), or the maximum percentage increase allowable by Federal National Mortgage Association (whichever is greater), above the maximum assessment as set forth above. 2. From and after January 1 of the year immediately following the conveyance of the first 'Lot to an Owner, the maximum annual assessment may be increased above the amount set forth in the .preceding paragraph by a vote of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 3. The Board of Directors of the Association may fix the annual assessment at an amount not in excess of the maximum; and said assessments shall be payable to the Homeowners Association in regular monthly or quarterly installments as may be determined by the Board of Directors. D. Initiation Assessment: Upon the initial conveyance of each lot, the purchaser thereof shall pay to the Association an initiation assessment in the amount of 5 E. Special Assessments for Capital Improvements: In addition to the regular assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, 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 of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Any such special assessment shall be payable over such a period as the Homeowner Association shall determine. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 (February 2, 1999) F. Notice and Quorum for Any Action Authorized Under Sections 3C and 3E: Written notice of any meeting called for the purpose of taking any action authorized under Section 3C or 3E, above, shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. G. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for non-exempt Lots. H. Date of Commencement of Annual Assessments; Due Dates: The annual assessments provided for herein shall commence as to a Lot sold on the first day of the month following the earlier of substantial completion or occupancy of the Dwelling Unit constructed on the said Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association 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 signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. I. Effect of Nonpayment of Assessments; Remedies of Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association 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. J. Subordination 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 7 (February 2, 19991 n 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. K. Exempt Property: The following property, subject to this Declaration, shall be exempt from the assessments created herein: 1. All property expressly dedicated to and accepted by a Local public authority; 2. The Common Area; 3. All other Properties owned by Declarant or the Association; 4. All Lots owned by Declarant, until title is transferred to another, or until occupancy, whichever occurs first; and ARTICLE IV: GOLF COURSE DEVELOPMENT FEE Each ,Lot is subject to a .5650.00 golf course development fee payable to the city of Meridian at the time an application for a building permit for the construction of a residential structure is made to the city of Meridian. The 5650.00 will increase annually to reflect interest and cost increases. The purpose of the fee is to provide funds to be used for the development, construction, and expansion of the second nine holes of the golf course located in and/or adjacent to the Properties. By purchasing a Lot, each Owner agrees to pay the said fee to the city of Meridian as provided for herein. ARTICLE V: PRIVATE STREETS Access to each Lot is provided by a system of private streets to be constructed by Declarant and owned and operated by the Association as a part of the Common Area. Said private streets are designated on the plat as Lot 27, Block 1, which Lot is dedicated and restricted to the perpetual and indefeasible right of ingress and egress over and across said Lot for the exclusive use and benefit of the Owners and residents of the Properties their guests and invitees. The perpetual right of ingress and" egress over and upon said Lot 27, Block 1 may not be terminated or extinguished without the written consent of all Owners, the Association, and any and all parties having any interest in the Properties. In order to meet its maintenance requirements as contained herein, the Association shall, pursuant to the provisions of Article III, Section 3 above, collect each year a sum sufficient to create and maintain a capital improvement and maintenance fund for the purpose of providing for the maintenance of the private streets and sidewalks described in this Article V at any and all times of the year such maintenance is required and to totally reconstruct the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 8 (February 2, 1999) • said private streets and sidewalks, if necessary, within twenty (20) years of the date of recording hereof. ARTICLE VI. IRRIGATION WATER SUPPLY SYSTEM Section 1. Irrigation Water Supply: Each Lot shall have access to an Irrigation Water Supply System to be constructed by Declarant and owned and operated by the Nampa and Meridian Irrigation District. Section 2. Easement For Irrigation Water Supply System: Declarant and the Nampa and Meridian Irrigation District shall have a permanent easement for the construction, maintenance and repair of the irrigation water supply system and related wells, pumps, pipes, and any other conveyancing apparatus in the utility easement areas as are depicted on the Plat, together with the right of ingress to and egress from the easement premises over and across the privately owned property of Owners to perform maintenance upon the well, pump, pipes and other conveyancing apparatus comprising the irrigation water supply system together with all rights necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement. ARTICLE VII. EASEMENTS Section 1. Future Easements: The Association shall have the future right to provide for such easements across, upon and under the surface, of its Common Area as platted herein as may be reasonably necessary to serve the interests and convenience of the property Owners of this subdivision for public or private ways, public utilities (including cable television), drainage, access, subterranean irrigation lines, eave and balcony overhangs. Section 2. Encroachments: In the event that, by reason of the construction, settlement or shifting of the building, any part of any Dwelling Unit or drainage water from any Lot or Dwelling Unit encroaches or shall hereafter encroach upon any part of the Common Area or any adjacent Lot, easements for the maintenance of such encroachment and for such use of the areas encroached upon are hereby established and shall exist for the benefit of said Dwelling Unit, so long as all or any part of the buildings shall remain standing; provided, however, that in no event shall a valid easement for any encroachment or use of the Common Area or adjacent Dwelling Units be created in favor of any Owner of such encroachment or use if it is detrimental to or interferes with the reasonable use and enjoyment of the property by other Owners and if it occurred due to the willful conduct of any Owner. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 9 (February 2, 1999) Section 3. Easement for Maintenance: Declarant and the Association shall have a permanent easement to go upon the privately owned property of Owners in this subdivision to perform maintenance upon the Properties and the Common Area, including, but not limited to, snow removal, lawn maintenance, utility service and drainage system maintenance, subterranean irrigation water system maintenance and perimeter fence maintenance, together with all rights of ingress and egress necessary for the full and complete use, occupation and enjoyment of the easements hereby reserved, and all rights and privileges incident thereto, including the right from time to time to cut, trim and remove trees, brush, overhanging branches and other obstructions which may injure or interfere with the use, occupation or enjoyment of the reserved easement and the operation, maintenance and repair of utility service connections and drainage systems. ARTICLE VIII: MAINTENANCE RESPONSIBILITY The Association shall provide maintenance to and be responsible for the Common Areas and improvements thereon, including the Private Streets any Association-owned street lights and all drainage facilities. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, the costs of such maintenance or repairs shall be added to and become part of the assessment to which such Owner's Lot is subject. Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his Dwelling Unit and any private decks, fences (if permitted as herein provided), courtyards, landscaping and lawn contiguous to his Dwelling Unit, except any perimeter fence which may be constructed around the Properties, the maintenance of which shall be done by the Association. The Association reserves an easement for ingress, egress and maintenance as may be reasonably necessary to perform the maintenance duties of the Association. In the event of damage or destruction of a Dwelling Unit by fire or other casualty, the owner must complete repair and/or replacement of the Dwelling Unit within one hundred-twenty 1120) days of the damage or destruction. ARTICLE IX: PROPERTY USE RESTRICTIONS The following restrictions shall be applicable to the Properties and shall be for the benefit of and limitations upon all present and future Owners of said property, or of any interest therein: A. Lot Use: No Lot, with the exception of the Common Area shall be used except for single-family residential purpose. No Lot or the Common Area shall be used for the conduct of any trade, business or professional activity. All Lots and improvements constructed thereon must comply with all applicable governmental rules, ordinances, laws, statutes and DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 10 (February 2, 1999) regulations. The Owner of each Lot shall complete construction of Dwelling Unit as permitted herein within one (1) years after the date of the first conveyance of the Lot to an Owner by Declarant. B. Animals: No animals, livestock or poultry of any kind shall be raised, bred or kept on any part of said Properties, except that two dogs, cats or other household pets may be kept within a Dwelling Unit or within a fenced area as may be approved by the Architectural Control Committee. Any animals outside a Dwelling Unit or fenced area must be on leashes, and the Owner or custodian of the animal shall be responsible for the immediate cleanup of the animal's droppings. The term "fenced area" as used in this paragraph shall be interpreted to include any electronic pet containment system; provided, however, that the boundary of any such system shall be approved by the Architectural Control Committee pursuant to the provisions of Article XI below and that in no event shall the said boundary extend beyond the front plane of the Dwelling Unit constructed on said Lot. C. Garbage and Refuse Disposal: No part of said Properties shall be used or maintained as a dumping ground for rubbish, trash or other waste. No garbage, trash or other waste shall be kept or maintained on any part of said Properties except in a sanitary container. Any incinerators or other equipment for the storage or disposal of such material must not violate setback restrictions, must be enclosed with an aesthetic screen or fence, as may be approved by the Architectural Control Committee and shall be kept in a clean and sanitary condition. D. Nuisance: No noxious or offensive or unsightly conditions shall be permitted upon any part of said Properties, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. No exposed antennae or satellite dishes shall be erected on the Properties without the prior approval of the Architectural Control Committee, which approval may be withheld in its sole discretion. E. Outbuildings: No trailer, truck camper, tent, garage, barn, shack or other outbuilding shall at any time be used as a residence temporarily or permanently on any part of said Properties. F. Parking and Storage of Vehicles and Equipment: Parking of boats, trailers, motorcycles, trucks, truck campers, motorhomes, recreational vehicles, and like equipment, or junk cars or other unsightly vehicles, shall not be allowed on any Lot nor on the Common Area, including but not limited to the Private Streets, except in fully enclosed buildings or under such circumstances, if any, as may be prescribed in writing by, and in the sole discretion of the Board of Directors of the Homeowners Association, which discretion may not be challenged for having been DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 1 (February 2, 19991 exercised unreasonably. All other parking or storage of any other equipment shall be prohibited, except as approved in writing by the Board of Directors of the Homeowners Association. Any vehicle awaiting repair or being repaired shall be removed from the subdivision within 48 hours. G. Sight Distance at Intersections: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between three feet (3') and eight feet (8') above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points 30 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any Lot within ten feet (10') from the intersection of a street property line with the edge of a driveway or alley pavement. H. Leasing Restrictions: Any lease (as defined below) between an Owner and his tenant shall provide that the terms of the lease shall be subject in all respects to the provisions contained in this Declaration, the Association's Articles of Incorporation and its Bylaws, and that any failure by said tenant to comply with the terms of such documents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall mean any agreement for the leasing or rental of a Dwelling Unit (including amonth-to-month rental agreement); and all such Leases shall be in writing. Other than the foregoing, there is no restriction on the right of any Owner to lease his Dwelling Unit. Sewer Restrictions: All bathroom, sink and toilet facilities shall be located inside the Dwelling Unit 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. J. Fences: All fences, including fences around swimming pools, dog runs or other uses, must be approved, in advance, by the Architectural Control Committee as to design, materials and location. No such fence shall extend beyond the front plane of the Dwelling Unit constructed or to be constructed on the Lot. K. Parking Rights: Subject to the provisions of paragraph F. above, any automobile or other vehicle used by any Owner shall be parked in the driveway or garage which is a part of his Dwelling Unit. Parking by guests and invitees shall be permitted on one side of the street only, in accordance with such regulations as the Association may adopt in consultation with the City of Meridian Fire Department. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 12 (February 2, 19991 L. Mail Boxes: All mail boxes will be provided by Declarant and shall be of consistent design, material and coloration and shall be located on or adjoining building Lot lines and places designated by Declarant or the Architectural Control Committee. M. Party Walls: Some of the Dwelling Units constructed upon the Lots will include party walls, being the common walls between two Dwelling Units, separating the units. Such party walls are intended to be constructed upon the Lot boundary lines separating adjoining Lots. To the extent any party wall exists, encroaches or overlaps upon a Lot, there is hereby created a common reciprocal easement for the location of such party wall. Each Owner shall have the right to use the surface of any party wall contained within the interior of the Owner's Dwelling Unit, provided that an Owner shall not drive, place or cause to be driven or placed any nail, bolt, screw or other object into a party wall which penetrates the surface of such party wall more than one inch. The Owner shall respectively own to the centerline of any party wall. Such party wall shall be maintained in good condition by the Owners thereof, free of structural defects and using reasonable care to avoid injury to the adjoining property. Notwithstanding any other provisions of this paragraph, an Owner who by negligent or willful act or acts causes a party wall to be damaged and/or exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements and/or repair to such party wall. If such party wall is destroyed or damaged by fire or other casualty, either Owner may restore such party wall and if the other Owner thereafter make use of such party wall, such Owner shall contribute one-half (1/2) of the cost of such restoration. This right of contribution shall be without prejudice to any right to call for a larger contribution under any rule of law regarding liability for negligent or willful acts or omissions. ARTICLE X. BUILDING RESTRICTIONS Section 1. Building Restrictions: With the exception of Common Area Lots, no buildings shall be erected, altered, placed or permitted to remain on any Lot other than one (1) single-family dwelling which may not exceed thirty feet (30') in height, and a private garage for two (2) or more motor vehicles. Each dwelling unit may not be occupied by more than one (1) family. The minimum square footage of living space (excluding the garage) of each dwelling unit shall be as set forth on the Plat. Section 2. Setbacks: All improvements must be constructed or maintained on a Lot within the minimum building setbacks as set forth on the Plat. Section 3. Construction Requirements: Each Dwelling Unit may have wood siding (redwood, cedar or spruce which may be stained or painted) or a combination DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 13 (February 2, 1999) i of wood, stone, manufactured or synthetic stone, stucco, masonry or masonite siding with a maximum of eight inch reveal. Each Dwelling Unit must have exterior brick, stone, manufactured or synthetic stone or stucco on the front elevation. All roofs shall be comprised of wood shake shingles, asphalt shingles (as may be approved by the Architectural Control Committee) or the with a minimum 5/12 pitch. The exterior surfaces of each Dwelling Unit shall have such colors as may be approved by the Architectural Control Committee. All windows shall be of the anodized type or better (no raw aluminum frames). All fireplace chimneys must be of masonry or metal and, if metal, shall be wrapped with the same materials as exist on other areas of the exterior of the Unit to within one foot of the top cap. Each Dwelling Unit must have at least two exterior lights illuminating the garage door openings and one exterior light for the front entryway(s). All driveways must be concrete. Section 4. Landscaping: Prior to occupancy of the Dwelling Unit located thereon, each Lot shall be fully landscaped in the front yard with grass (seeded or rolled sod), at least two (2) deciduous trees of at least one and one-half (1-1 /2) inches in diameter or conifer trees at least six feet in height and ten (10) 1 gallon and five (5) 5 gallon shrubs or bushes; in the rear yard with grass (seeded or rolled sod), at least two deciduous trees at least one and one-half (1-1 /2) inches in diameter or conifer trees at least six (6) feet in height and five (5) 1 gallon and five (5) 5 gallon shrubs or bushes; and in the street side yard, if any, with at least two (2) deciduous trees at least one and one half (1-1 /2) inches in diameter or conifer trees at least six (6) fee in height and ten (10) 1 gallon and five (5) gallon shrubs or bushes, all as has been approved by the Architectural Control Committee. As used herein, the front yard shall include that portion of each Lot to the side of the Dwelling Unit constructed thereon which is between the public right of way and the rear plane of the Dwelling Unit or a fence which extends from the side of the Dwelling Unit to the side lot lone. During construction of the Dwelling Unit, there shall be installed in the front yard within ten feet (10') of the front boundary line, a photosensitive pole light designed to switch on automatically at sunset and off at sunrise with a minimum bulb power of 60 watts, including a minimum sixteen (16) inch diameter masonry or stucco base to match the Dwelling Unit. Section 5. Job Site Maintenance: Job sites are to be kept as clean as possible during construction. All dirt, nails, gravel and other building materials must be removed from the street and sidewalk daily. Work vehicles shall not be parked in front of occupied houses, nor shall they block streets. Power and water must not be used from existing dwellings without the prior permission of the Owner. Dumpsters and portable toilets are the responsibility of the Owner or his contractor and shall be kept orderly at all times and emptied on a timely basis. All contractors and subcontractors shall be prohibited from keeping dogs at the job site. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 14 (February 2, 1999) r i ARTICLE XI. ARCHITECTURAL CONTROL Section 1. Architectural Control Committee: In order to protect the quality and value of the homes built on the Properties, and for the continued protection of the Owners thereof, an Architectural Control Committee is hereby established consisting of three or more members to be appointed by the Board of Directors of the Homeowners Association. The Board of Directors of the Homeowners Association shall appoint members to the Architectural Control Committee at each annual meeting of the Board. Section 2. Approvals Required: No building, fence, wall, patio cover, window awning or other structure or landscaping improvements of any type shall be commenced, built, constructed, placed, or maintained upon any Lot, Common Area or other property, nor shall any exterior addition, change or alteration of existing improvements be made, until the plans and specifications showing the nature, kind, shape, configuration, height, materials, location and such other detail as the Architectural Control Committee may require, shall have been submitted to and approved in writing by the Architectural Control Committee as to harmony of external design and location in relation to surrounding structures and topography and as to conformity with requirements of this Declaration. In the event the Architectural Control Committee fails to approve, disapprove, or specify the deficiency in such plans, specifications and location within thirty (30) days after submission to the Architectural Control Committee in such form as they may require, it shall be deemed approved. The Architectural Control Committee shall have the right to refuse to approve any design, plan or color for such improvements, construction or alterations which, in its opinion, are not suitable or desirable for any reason, aesthetic or otherwise. In so passing in such design, the Committee shall have the privilege in the exercise of its discretion to take into consideration the suitability of the proposed structure or alteration, the materials of which it is to be built, and the exterior color scheme in relation to the site upon which it is proposed to be erected. The Architectural Control Committee may also consider whether the design of the proposed structure or alteration is in harmony with the surroundings, the effect of the structure or alteration when viewed from adjacent or neighboring property, and any and all other facts which, in the Architectural Control Committee's opinion, shall affect the desirability of such proposed improvement, structure or alteration. Actual construction shall comply substantially with the plans and specifications approved. Section 3. Submissions: Requests for approval of the Architectural Control Committee shall consist of such documents and other materials as may be reasonably requested by the Architectural Control Committee including, without limitation, the following: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 15 (February 2, 1999) • A. Site Plan. A site plan showing the location of buildings and all other structures and improvements, including fences and walls on the Lot, Lot drainage and all setbacks and other pertinent information related to the improvements. B. Building Plan. A building plan which shall consist of preliminary or final blueprints, elevation drawings of the north, south, east, and west sides, detailed exterior specifications for each building which shall indicate, by sample, if required by the Architectural Control Committee, all exterior colors, material and finishes, including roof, to be used. Garage, accessory and outbuildings to be located on a Lot shall be architecturally and visually compatible and harmonious with the principal building on the Lot as to style and exterior colors and shall not be higher than ten feet above the roof line of the principal building on the Lot. C. Landscape Plan. A landscape plan for that portion of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, berms and mounding, grading, drainage, sprinkler system, fences, free standing exterior lights, driveways, parking areas and walk ways. Section 4. Rules and Regulations: The Architectural Control Committee is hereby authorized to adopt rules and regulations to govern its procedures and the requirements for making submissions and obtaining approval as the Committee deems appropriate and in keeping with the spirit of due process of law. The Architectural Control Committee is further hereby empowered to adopt such rules and regulations as it shall deem appropriate, consistent with the provisions of this Declaration, pertaining to matters of design, materials, colors, and aesthetic interests. Any such rules and regulations may be amended from time to time, in the sole discretion of the Architectural Control Committee. The failure of the Architectural Control Committee to adopt any such rules and regulations shall not form the basis for an attack upon the exercise of Architectural Control Committee's discretion, it being the intent of this Declaration to provide the Architectural Control Committee with as broad discretion as is permissible under the law. Section 5. Fees: The Architectural Control Committee may establish, by its adopted rules, a fee schedule for an architectural review fee to be paid by each owner submitting plans and specifications for approval. No submission for approval will be considered complete until such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Architectural Control Committee for the costs of professional review of submittals and the services of a consultant to administer the matter to its completion, including inspections which may be required. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 16 (February 2, 19991 i Section 6. Waivers: The approval of any plans, drawings or specifications for any structure, improvement, or alteration, or for any matter requiring the approval of the Architectural Control Committee, shall not be deemed a waiver of any right to withhold approval of any similar plan, drawing, specifications, or matters subsequently submitted for approval. Section 7. Liabilit Neither the Architectural Control Committee nor any member thereof shall be liable to the Homeowners Association, any Owner, or any other party, for any damage suffered or claimed on account of any act, action or lack thereof, or conduct of the Architectural Control Committee or any members thereof, so long as the Architectural Control Committee, or the respective members thereof, acted in good faith on the basis of information they then possessed. Section 8. Certification by Secretary: The records of the Secretary of the Homeowners Association shall be conclusive evidence as to all matters shown by such records and the issuance of a certificate of completion and compliance by the Secretary or Assistant Secretary of the Homeowners Association showing that the plans and specifications for the improvement or other matters therein provided for have been approved and that said improvements have been made in accordance therewith, or a certificate as to any matters relating to and within the jurisdiction of the Homeowners Association by the Secretary thereof, shall be conclusive evidence that shall fully justify and protect any title company certifying, guaranteeing or insuring title to said property, or any portion thereof or any lien thereon and/or any interest therein as to any matters referred to in said certificate, and shall fully protect any purchaser or encumbrancer from any action or suit under this Declaration. After the expiration of one (1) year following the issuance of a building permit therefor by municipal or other governmental authority, any structure, work, improvement or alteration shall, as to any purchaser or encumbrancer in good faith and for value and as to any title company which shall have insured the title thereof, be deemed to be in compliance with all the provisions hereof unless a notice of noncompliance executed by the Homeowners Association shall have appeared of record in the office of the County Recorder of Canyon County, State of Idaho, or unless legal proceedings shall have been instituted to enforce completion or compliance. Section 9. Construction and Sales Period Exception: During the course of construction of any permitted structures or improvements and during the initial sales period, the restrictions (including sign restrictions) contained in this Declaration or in any Supplemental Declaration shall be deemed waived to the extent necessary to permit such construction and the sale of all Dwelling Units; provided that, during the course of such construction and sales, nothing shall be done which will result in a violation of these restrictions upon completion of construction and sale. Further, Declarant shall have the right to select and use any individual Dwelling Units owned by it as models for sales purposes. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 17 (February 2, 19991 • ARTICLE XII: INSURANCE AND BOND Section 1. Required Insurance: The Association shall obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. The provisions of this Article shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage in addition to any insurance coverage required hereunder in such amounts and in such forms as the Association may deem appropriate from time to time. A. A multi-peril-type policy covering any Common Area improvements, providing as a minimum fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement cost). B. A comprehensive policy of public liability insurance covering all of the common areas, commercial spaces and public ways in the properties. Such insurance policy shall contain a severability of interest endorsement which shall preclude the insurer from denying the claim of a Dwelling Unit Owner because of negligent acts of the Association or other Owners. The scope of coverage must include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. If the properties contain more than one hundred (100) Units, coverage shall be for at least 51,000,000 per occurrence, for personal injury and/or property damage. C. Workmen's compensation and employer's liability insurance and all other similar insurance with respect to employees of the Association in the amounts and in the forms now or hereafter required by law. Section 2. Optional Insurance: The Association may obtain and keep in full force and effect at all times the following insurance coverage provided by companies duly authorized to do business in Idaho. A. Liability insurance affording coverage for the acts, errors and omissions of its directors and officers, including members of the Architectural Control Committee and other committees as may be appointed from time to time by the Board of Directors of such association in such amount as may be reasonable in the premises. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 18 (February 2, 1999) • B. The Association may obtain bonds and insurance against such other risks, of a similar or dissimilar nature, as it shall deem appropriate with respect to the protection of the properties, including any personal property of the Association located thereon, its directors, officers, agents, employees and association funds. Section 3. Additional Provisions: The following additional provisions shall apply with respect to insurance: A. Insurance secured and maintained by the Association shall not be brought into contribution with insurance held by the individual Owners or their mortgages. B. Each policy of insurance obtained by the Association shall, if possible, provide: A waiver of the insurer's subrogation rights with respect to the Association, its officers, the Owners and their respective servants, agents and guests; that it cannot be canceled, suspended or invalidated due to the conduct of any agent, officer or employee of the Association without a prior written demand that the defect be cured; that any "no other insurance" clause therein shall not apply with respect to insurance held individually by the Owners. C. All policies shall be written by a company licensed to write insurance in the state of Idaho and all hazard insurance policies shall be written by a hazard insurance carrier holding financial rating by Best's Insurance Reports of Class VI or better. D. Notwithstanding anything herein contained to the contrary, insurance coverage must be in such amounts and meet other requirements of the Federal Home Loan Mortgage Corporation. ARTICLE XIII: CONDEMNATION Section 1. Consequences of Condemnation: If at any time or times, all or any part of the Common Area shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply. Section 2. Proceeds: All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "condemnation award," shall be payable to the Association owing the condemned Common Area. Section 3. Apportionment: The condemnation award shall be apportioned among the Owners having an interest in the condemned Common Area equally on a per-Lot basis. The Association shall, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Such shares shall be paid DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 19 (February 2, 19991 into separate accounts, one account for each Lot. Each such account shall remain in the name of the appropriate Association and shall be further identified by Lot number and the name of the Owner thereof. From each separate account, the Association, as attorney-in-fact, shall use and disburse the total amount of such accounts, without contribution from one account to the other, first to Mortgagees and other lienors in the order of priority of their Mortgages and other liens and the balance remaining to each respective Owner. ARTICLE XIV: MORTGAGEE PROTECTION Notwithstanding anything to the contrary contained in this Declaration or in the Articles or Bylaws of the Association: A. The Association shall maintain an adequate reserve fund for the performance of its obligations, including the maintenance, repairs and replacement of those common elements and improvements thereon, and such reserve shall be funded by at least quarterly ,assessments. B. The holders of First Mortgages shall have the right to examine the books and records of any Association and to require annual reports or other appropriate financial data. C. Any management agreement for the Properties or Common Area, or any other contract providing for services of the developer, sponsor or builder, shall be terminable (i) by the contracting Association for cause upon thirty (30) days' written notice thereof, and (ii) by either party without cause and without payment of a termination fee on ninety (90) days' or less written notice thereof, and the term of any such agree- ment shall not exceed one (1) year. D. Any lien which the Association may have on any Dwelling Unit for the payment of assessments attributable to such Unit will be subordinate to the lien or equivalent security interest of any Mortgage on the Unit recorded prior to the date notice of such assessment lien is duly recorded. E. Unless all institutional holders of First Mortgages have given their prior written approval, no Association shall: 1. By act or omission seek to abandon, partition, subdivide, encum- ber, sell or transfer the Common Area property owned, directly or indirectly, by such Association for the benefit of the Owners. (The granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area property shall not be deemed a transfer within the meaning of this clause.) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 20 (February 2, 19991 2. Change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner. 3. By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Dwelling Units, the maintenance of the Common Area property, party walls, or common fences and driveways, or the upkeep of lawns and plantings in the subdivision. 4. Fail to maintain fire and extended coverage on insurable Common Area property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement costl. 5. Use hazard insurance proceeds for losses to any Common Area property for other than the repair, replacement or reconstruction of such Common Area property. 6. Amend materially this Declaration, the Association's Articles of Incorporation, or its Bylaws. 7. Terminate professional management and assume self- management of the Properties. ARTICLE XV: GENERAL PROVISIONS Section 1. Enforcement: The Homeowners Association or any Owner or the owner of any recorded mortgage upon any part of said property, shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provi- sions of this Declaration. Failure by the Association, or 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 any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Association or the legal Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. Except as DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 21 (February 2, 19991 • • otherwise provided herein, any of the covenants and restrictions of this Declaration, except the easements herein granted, may be amended by an instrument signed by members entitled to cast not less than sixty-six and two-thirds percent (66-2/3%) of the votes of membership. Any amendment must be recorded. Section 4. Assignment by Declarant: Any or all rights, powers and reservations of Declarant herein contained may be assigned to the Association or to any other corporation or association which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the particular rights, powers and reservations assigned, and upon any such corporation or association evidencing its intent in writing to accept such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by Declarant alone, so long as it owns any interest in any portion of said property. IN WITNESS WHEREOF, Declarant has caused its corporate name to be hereunto subscribed and its corporate seal affixed this day of , 1999. DECLARANT: By Louis J. Steiner STATE OF ) . ss. County of ) On this day of 1999, before me, the undersigned Notary Public in and for said State, personally appeared LOUIS J. STEINER, known or identified to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. otary u is or Residing at My Commission xpires DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 22 (February 2, 1999)