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HomeMy WebLinkAboutMayfair Commons Sub PP 03-017MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary v ri CITY 01 C�eridicn 4d It IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 466-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 Cherie McCandless eN�R Tae„ ' na . 19� PLANNING &ZONING ne Keith Bird (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: July 31, 2003 Hearing Date: August 71 2003 Transmittal Date: June 16, 2003 File No.: PP 03-017 Request: PrelimFlat at approval of 45 building lots and 14 other lots on 12.7acres 4 in nrnnnsed R-15 zone for Mayfair Commons Subdivision By: IlVuawoou ljcvc Location of Property or Project: LLC David Zaremba, P/Z (No VAR, VAC, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FP) Michael Rohm, P/Z (No VAR, VAC, FP) Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney City Engineer City Planner Parks Department Street Meridian School District (No FP) Meridian Post Office (FP/PPOnly) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FPIPP ony) U.S. West (FP)PP only) Intermountain Gas (FP)PPony) Bureau of Reclamation (FPRP only) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FP/PPonly) Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 0 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax REQUEST FOR SUBDIVISION APPROVAL PRELINIINARY PLAT (RE: Meridian Subdivision Ordinance - 12-3-1 thru 12-3-6) GENERAL INFORMATION 1. Name of annexation and 2. Address, general location 3. Owner(s) of record:tom. Q - -r -. r ax: E-mail: 4. Applicant: WiLI2{Dpph iDF�/F�nry.ac yr Address: 523 F=Q-AML L�CNMI KAM, 1Dl.4t l Ib a3Co42 Telephone.(Zoib)S4Co •f3Ma Fax: (�gg�g¢L� gq��j E-mail: 5. Engineer: 41 EW=pµl Firm: Wk rAO-11=1 Address: 3130 S. pWY41Er �,r �+ lh g3 Fpr Telephone.(gpN)342. ,4- Ux:(�Eg)�42 5353 E-mail: {E�pya�W I IC.CpM 6. Name and address to receive City billings- Name: Address 905 S. 87W.ST ctrt PRELIMINARY PLAT FEATURES 1. Acres: 12 :}- 2. Number of building lots: !ifi 3. Number of other lots:_ 14 4. Gross density per acre: l4. I (Numher of dwelling units per acre of total land to he developed) 5. Net density per acre: 2Z.2 (Numher of dwelling units per acre of land exc[uding roads) 6. Zoning District(s):Existing:_ 1-L Proposed: 12 -IS 7. Does the plat border a potential green belt or pathway? Ye�r, 4::tVP, "i La ti V4 8. Have recreational easements been provided for?YEE�S 9. Are there proposed recreational amenities to the Citv? Yrs F. nla;n b.A+-1 10. Are there proposed dedications of For future parks? Flo 11. What school(s) service the at agreements for future school 12. Are there any other proposed amenities to the 13. Type of building (residential, commercial, industrial, office or 14. Type of dwelling(s) (single family, duplexes, multiplexes, otht Do you propose any Rev. 3/25/03 0 0 15. Proposed development features: a• Minimum square footage of lot(s):_2,4OD G b. Minimum square footage of structure(s): N /A IriUL� 1.1��c C. Are garages provided for? "O square footage: d. Has landscaping been provided for? YEg Describe: e. Who will own and mamtam the pressurized irrigation system in this development? 1, MrA— "Q9DIAKA Irrigation District: rj, f. Are any lots intended for multi -family dwellings? Y Fs Type: g. Are there special set back reou iremon+c9 h. Were protective covenants submitted?,LskS (SAM p, 16. Does the proposal land lock other property?__Does it create STATEMENTS OF COMPLIANCE 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances, 5. Preliminary Plat includes all appropriate easements. 6. Street names do not conflict with City grid system. 7. All items noted on the preliminary plat checklist have been completed. I have read the information contained herein and certify th that this plat is in compliance with the above statements. Rev. 3/25/03 0 0 May 30, 2003 City of Meridian Planning & Zoning Commission 33 East Idaho Avenue Meridian, Idaho 83642 RE: Mayfair Commons Dear Commissioners, Please accept this letter and accompanying applications for the rezone and development of the property located at 1125 East Pine Street in Meridian, Idaho. Attached are applications requesting approval of a rezone of the property from Light Industrial (I -L) to Medium High Density Residential (R-15); a Planned Development requesting a reduction in certain dimensional requirements; and, a preliminary plat for the subdivision of the property into 45 multi -family residential lots. The proposed rezone of the property to multi -family residential is consistent with the Meridian Comprehensive Plan designation of Mixed -Use Community which encourages residential densities of up to 15 dwelling units per acre. The subject property lies within a transitioning area adjacent to residential as well as industrial land uses making the multi- family proposal a logical transitional use for the property and providing for a mix of land uses within the area. The request for a "Planned Development' is to allow for a reduction in dimensional requirements. Specifically, the request is for a reduction in the street frontage requirements as specified by the subdivision ordinance and the yard area setback standards as specified by the zoning ordinance. The proposed setback standards and code modifications are attached as Exhibit A. The plan identifies a mix of attached and detached 4-plex buildings. The attached 4-plex plans combine to create an 8 unit building in a zero lot line or "townhouse" configuration that allows each half to be sold individually. In addition, the proposal seeks approval for the construction of accessory garage/storage buildings. These buildings are to be constructed on individual lots and shall be available to residents within the community. The setback standards for these buildings shall be reduced as identified in Exhibit A. 405 S. 8th Street, Suite 290 • Boise, Idaho 83702 • 208.336.5355 • Fax 208.336.2282 • The subdivision of the property calls for 45 building lots and, 10 garage/storage lots and 4 common lots. The building lots consist of 25 detached 4-plex lots and 20 attached 4- plex lots on 4.42 acres as identified on the site plan. The common lots include 3 open space lots on 3.68 acres and 1 drive aisle/parking lot on +/- 4.15 acres. The balance of the property, +/- .5 acres is dedicated as public right of way. Two active recreational amenities are proposed for the project. The first, a sand volleyball court, is proposed for the central "commons" while the second, a sport court, is proposed for the large open space at the southern terminus of Stonehenge Way. In addition, this application requests that the Gruber Lateral remain as an open water amenity. Thank you for your consideration of this project. Please feel free to contact me at (208) 336-5355 if you should have any questions in advance of the public hearing on these items. Enclosures c: Wildwood Development 4/03 10:08 FAX 3757303 of nm511! M 4 FATCO SEARCH F* WARRAlTrY nEm For Varve Rmeived Wayne 5. Fwroy End k" L.. Penny, basbtmd and wife Karen hereafter remosd m es Gramor, does hereby grant, barbam, Bali, and convey anw Mantaguo-S:mrw, LLC hermc2f— mfenrd.w w Grants, whose Cmrc'at address is 5660 N. Smr Ridge Way, Set, ID 83669 the fbIlawing described premises, w -wit: .,SEE ZOM:SBxT "n" A=TAt:9cD HERETO APD MUS A PART HEREOF, To HAVE AND TO HOLD ds odd pmmiaes, wlm thm eppmteaanrxs rima the Bald Gmmee, hi bets sad asdgo forever. Aad Iba said Gramm does hereby my®t to mart with me said Gante--that Grddmr is the owmu in fee simple of maid pemvem; mat said psaWees are f= $om ell mcombames, cxrept tan:eot yews tams. levim. and macasmmis. and except U.S. Palms MUrvedom, reSaiCaon8• eagameaM of record, sed easements visible upon rbe Presse, add than Gramm will warrant and defend tbo same from all Babas whamoem, �R��J xCORDED- REQUEST GF Dared: .trine 19.2000. ADaCODNTY RECORpE2 J. DAVID HAyf / 5DISE. MA FEE1fL__ DEPUTY + L��Z9DPJN20 FIN 4.28 10,0048079 A.\ r Wayn or ey f r RiCfif r l3• - tet o .• i FMSTAWRrAN Itdxen L. FO]' STATE OF MAUD ) ss. COUNTY OF Ada ) On This c?017 of hrde, is the year 2000, before me, a Nofmy Puylic in sed for said Sias, p¢meenny apprmcd Wayne $- Foray and Kom L. Forney, knowa ar ideddGed to mn to be the psDWS) whore name(s) are stftcribed 10 the widli t fastr®eat, and aatmcwledPI to me that they executed ibe rmme. FirstAmeylean Tale expires: d.• Ip -9.j Idaho Q002 FATE OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST (name) U (address) being first duly sworn upon �] oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: (name) I (ad ss) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this day of 4? G{ 200. (Signature SUBSCRIBED AND SWORN to before me the day and year first above written. ANIN No 7q R y ' Notary Publicfor Idaho _ • = Residing atYd )1 SRl •, AUBL\O s • .. • o �`�` My Commission Expires: 1111111"\ OF i O\P \\\� Rev. 03/25/03 PARCEL DESCRIPTION May 14, 2003 Project: PINE STREET SUBDIVISION BOUNDARY Project No.: 30969 A parcel of land located in the northeast'/4 of the southeast %4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the east %4 comer of said Section 7, marked by a 3" brass cap; Thence South 89°33'47" West coincident with the north line of the northeast'/4 of the southeast'/4 of said Section 7 a distance of 1323.85 feet to a 3" brass cap marking the northwest corner of said northeast '/4 of the southeast %4 ; Thence South 00°30'56" West coincident with the west line of said northeast'/4 of the southeast'/4 a distance of 1185.52 feet to the north right-of-way line of the Oregon Short Line Railroad and the POINT OF BEGINNING from which a 5/8" rebar P.L.S. 4999 marking a witness corner bears South 88°53'58" East, 51.27 feet; Thence North 00130'56" East coincident with said west line of the northeast %4 of the southeast'/4 a distance of 1185.52 feet to a 3" brass cap marking said northwest comer of said northeast %4 of the southeast 1/4; Thence North 8933'4T' East coincident with the north line of said northeast'/4 of the southeast %4 a distance of 414.86 feet to a 518" rebar P.L.S. 4999; Thence South 00'26'13" East, 50.31 feet to a 5/8" rebar P.L.S. 5461, and the beginning of a non -tangent curve; Thence along said curve to the left 3.35 feet, having a radius of 35.00 feet, being subtended by a chord bearing South 24°34'28" East, 3.35 feet to a 5/8" rebar P.L.S. 5461 and the point of tangency; curve; Thence South 21°47'45" East, 110.70 feet to a 5/8" rebar P.L.S. 5461; Thence South 15°18'03" East, 64.30 feet to a 5/8" rebar P.L.S. 5461 and the beginning of a non -tangent Thence along said curve to the right 6.60 feet, having a radius of 200.00 feet, being subtended by a chord _ —.... � r. gni• —.. .l �L ..�.. {'4 .. May 14, 2003 Project: PINE Project Na.: 30969 A parcel of lead loceled in the northeast''/. ofthe southeast'', of Section 7, Township 3 North, Range l East Boise Meridian, Ade County, Idaho, more particularly described as follows: Commencing at the east Y coma ofseel Section 7, marked by a 3" brass cap; Thence South 89°33'47' Wen coincident with the north line ofthe northeast'/. of the southeast'/. of said Section 7 e distance of 1323.85 feet W a 3" brass cep marking the northwest comer of said northeast Y. of the southeast'/.; Thence South 00°30'56" West coincident with the west line of said northeast Y. of the southeast''/. a dtaleace of 1185.52 leer to 0m north rigbtof-way line of the Oregon Short Line Railroad and the POINT OF BEGENNING firm which a 5/8" rebur P.L.S. 4999 mucking a witness comer bears South 88°53'58" East, 51.27 fid; Thence North 00°30'56" East coincident with said west line ofthe northeast k of the southeast % a died. of 1185.52 feet W a 3" brass cap marking said northwest carnes of said northeast 'A ofthe southeast'/; Thence North 89°33'47" Eon coincident with the north line of said northeast''/. ofthe somheast'/. e distance of414.86 fee[ to a 5/8" other P.L.S. 4999; Thence South WWI 3" East, 50.31 feet W a 5/8" other P.L.S. 5461, and the beginning of a non-tengent curve; Thence along said curve W the left 3.35 feat, having a radius of35.00 feet being mbleoded by a chord bearing South 249428" East, 3.35 feet W a 51WI retia P.L.S. 5461 and the point of tangency; Thence South 21°4745" East, 110.70 feel to a 5/8" rebn P.L.S. 5461; Into.. South 15°18'03" East, 64.30 feet W a 5/8" rebar P.L.S. 5461 and the beginning of a non -tangent curve; Thence along said curve to the right 6.60 feel, having a radius of200.00 feet being subtended by a chord bearing South 14°21'33" Emt, 6.60 feet to a 5/8" tabu P.L.S. 546t and the point of taugewy; Thence South 0122'23" Artist 973.27 feet to a 5/8" robot P.L.S. 4999 on said north fight -of -way line of the Oregon Short Live Railroad; Thence North 88°53'58" West coincident with said north right-of-way line ofthe Oregon Short Line Reihoed n distance .17463.77 fed to the POINT OF BEG]NNING; The parcel above described contains 12.74 acres more or leas. Together with and subject to covenants, statements, and restrictions ofrecord. Basis of Bearings is North 8993147" Ben between the Center''/. comer and East Y coma of Section 7, Township 3 North, Range 1 Batt. PINE 9'BtBBT SUBDIVISION BOUNDARY 51142OD3 D. 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N C2 C2 0 o n 'w' o v cw o o m W N N V) 7 kn N N G 0 U � O Cd c U � p vs C7 Y m o �b a c a WILDWOOD DEVELOPMENT Mayfair Commons Subdivision May 30, 2003 Preliminary Plat Application — Statements Following are the statements of 1) Variance Requests, 2) Development Features, 3) Traffic Impact, and 4) Pre -application Meeting Information as required by the Preliminary Plat Application. 1) Variance Requests — The Mayfair Commons Subdivision is proposed as a planned development as shown on the site plan submitted with the conditional use permit application. The project may require the waiver or modification of a number of ordinance requirements as the development relates to the subdivision and zoning ordinances. The waivers necessary to accomplish the intended design include, but are not limited to the following*: ❑ Street Frontage — A number of the building lots will front onto private drives as opposed to public streets. A reduction of the frontage requirement is requested in order to allow for this layout. ❑ Setback Standards — A reduction in the setback requirements is requested in order to allow for a more compact development and thereby more generous open space areas. Specific setback standards are set forth in Exhibit A to this application. ❑ Lot Size Requirements — This application also requests a reduction of the lot size requirements of the zoning ordinance. The specific request is for approval of the site plan and preliminary plat as submitted with minimum lot sizes of+/- 2,500 s.f. ❑ Private Street Standards — Flexibility in the private street standards is requested in order to accomplish the design set forth in the preliminary plat and site plan associated with the conditional use permit. ❑ Parking Standards — A reduction in the parking standards is being requested based on historical need and specialized housing product. This application requests a reduction from 2 spaces per unit to 1.5 spaces. The units will consist of a mix of studios, one and two bedrooms. Additional parking is provided at common areas. ❑ Detached Garage/Storage — Accessory garage/storage buildings are proposed on individual lots with a zero setback allowance at all property lines. * - A detailed review of the project by the City of Meridian may reveal additional inconsistencies with typical development standards. This project requests flexibility to those standards through the Planned Development process. 0 • 2) Development Features and Characteristics — The subject property consists of 12.74 acres. The land will be divided into 45 building lots, 10 garage/storage lots and 4 common area lots. The building lots and associated parking and drive aisles account for +/- 8.8 acres and will be designated for 25 "detached" 4-plex lots and 20 "attached" 4-plex lots. Open space lots account for +/- 3.7 acres inclusive of landscape islands and buffers, and active open space. 3) Traffic Impact — The proposed project, at 180 dwelling units, will likely generate 1800 vehicle trips per day. The property has frontage on Pine Street, an Urban Collector, near the intersection with Locust Grove Road, a minor arterial. The surrounding streets are currently operating within reasonable capacity and should not be negatively impacted by this development. 4) Pre -Application Meeting — A pre -application meeting with staff was held on February 14, 2003. Dave McKinnon, Wendy Kirkpatrick and Bruce Freckleton were present on behalf of the City of Meridian while Chris Findlay, Jim Conger and Scott Beecham were in attendance on behalf of the project. \rd2Vw ad ~2,^rfi ` � | �� ) !: ! ! | |!.||! !, 05/ Muc'uu ' ir�U 2 1 6a1 8`u3888685 0 • No•4660 P. 6 '!ff.RZDIA ?8Z DE -ATT.- 4002 PROPERTY OWNERS WITHIN 300' PINE STREET PROPERTY FARRINGTON OPAL C TRUST FARRINGTON OPAL C TRUSTEE 1180 E PINE AVE MERIDIAN M 83642-5936 1100 E PINE AVE 1180 E PINE AVE ® MILLER THOMAS D 4350 POINT REYES CT CARLSBAD CA 92008-0000 1009 N KILLDARE PL ® REMELY MARK A A REMELY CATHERINE H 13266 W HEATHERBROOK DR BOISE ID 837134978 1018 N KILLDARE PL ® STOM T SCOTT 5TOM JENNIFER R 981 N STONEHENGE WAY MERIDIAN ID 83642-0000 ® PADORIS STEPHEN R PADORIS V KAYE 976 N STONEHENGE WAY MERIDIAN ID 83642-0000 © URIONA JOHN CA URIONA SHANNON M 942 E PINE AVE MERIDIAN ID 83642-0000 © LOPEZ RAYMOND R LOPEZ LIZABETH E H 947 N STONEHENGE WAY MERTDIAN ID 83642-0000 ® BURNHAM DARLA C 950 N STONEHENGE WAY MERIDIAN ID 83642.0000 ® BW MERIDIAN INC 250 S BEECHWOOD 120 BOISE ID 83709-0000 600 E PINE AVE ® NICHOLS TEFFREY L 1210 E PINE AVE MERIDIAN ID 83642-0000 Q IRAN MINH TRAN NGUYET MINH 975 N STONEHENGE WAY MERIDIAN IO 83642-0000 ® KETTNER MICHAEL T A KETTNER STACIA M 934 N STONEHENGE WAY MERIDIAN ID 83642-4000 ® wATKCNs ToHN R 911 N STONEHENGE WAY MERIDIAN ID 83642-0000 © WRIGHT CHARLES G 1040 E PINE AVE MERIDIAN ID 83642-5936 15 COLLINS RICHARD H 6, COLLINS FRANCES E 1125 E PINE AVE MERIDIAN ID 83642-5955 1(p MONTAGUE-SAURIAL LLC 5660 N STAR RIDGE WAY STAR ID 83669-D000 1125 E PINE AVE 14UMPHPEY WILLIAM C HUMPHREY VALYNNE K 226 5 SAILER PL KUNG ID 83634-2430 939 E PINE AVE May -14. 2003 10:18AM 05/19"000 il:Ud rnn cV088868540 IS PETERSON SHIRLEY A PETERSON GERALD R 935 E PINE AVE MERIDIAN ID 83642-5955 MCKAGUE ROY 6 FERN LIF EST AND MCKAGUEPAUL 931 E PINE AVE MERIDIAN ID 83642-5955 ® RAILSIDE PARK INDUST BOA INC 4414 S 6EKELER LN BOISE ID 83716-5240 N RALSTIN ST �-� WYLIE JAMES R TV 1676 N CLARENDON WAY EAGLE ID 83616-0000 763 N RALSTON ST (9mCKAGUE PAUL h MCKAGUE SHIRLEY 110 E 1ST ST MERIDIAN ID 83642.2702 E PINE AVE SWCR INC 851 E ANTILLES CT MERIDIAN ID 83642-0000 N RALSTON ST 735 N RALSTON ST 737 N RALSTON ST 733 N RALSTIN ST MANWILL INVESTMENTS LLC 739 N RALSTON ST MERIDIAN ID 83642-0000 ARANA RAMON R ARANA DARLA 6 3200 W DUCK ALLEY RD EAGLE ID 83616-0000 741 N RALSTON ST A[ERTDI-A-N MZ DEPT.• No, 4660 P - 7 X1005 T AND R PROPERTIES LLC 721 RALSTON MERIDIAN ID 83642-0000 729 N RALSTIN ST 727 N RALSTON ST 723 N RALSTON ST 721 N RALSTIN ST BARCLAY PROPERTIES LLC 4916 W OUTLOOK AVE BOISE ID 63714-0000 717 N RALSTON ST ® AIC REAL ESTATE LLC 713 N RALSTON ST MERIDIAN ID 83642-0000 717 N RALSTON ST C14RISTZANSON ARTHUR BON CHRISTIANSON CORA M 10505 N SAGE HOLLOW WAY BOISE ID 83714-0000 711 N RALSTIN ST 709 N RALSTON ST ®ARTCOLLC 5907 LUSKIN ST BOISE ID 83704-0000 649 N RALSTON ST RAILSIDE PARK INDUST BOA INC 4414 5 6EKELER LN BOISE ID 83716-5240 E COMMERCIAL AVE QHIGH BRIDGE L C 1380 E COMMERCIAL AVE STE 101 MERIDIAN ID 83642-4077 33 UNITED ASSOC OF JOURNEYMAN AND APPRENTICE OF THE PLUMBING 575 N RALSTON ST MERIDIAN ID 83642-0000 Mav•14. 2003 10:18AM 05/i:,/Cuuz 1'7: UZ ie" ZU888868540 ® PETERSON GERALD R PETERSON SHIRLEY A 935 E PINE AVE MERIDIAN ID 83642-5955 941 E PINE AVE ® RAILSIDE PARK INDUST BOA INC 4414 5 GEKELER LN BOISE ID 83716-524o E COMMERCIAL AVE E FRANKLIN RD ® WITILAKE DONALD L WITTLAKE JUDY 10768 W AS14BURTON DR BOISE ID 83709-0223 1375 E COMMERCIAL AVE 1433 E COMMERCIAL AVE ® PAIL5IDE PARK INDUST BOA INC 4414 5 GEKELER LN BOISE ID 83716-5240 MERIDIAN INDUSTRIAL PARK PO BOX 8204 BOISE ID 83707-2204 280 N BALTIC PL ® BUILDERS MARKETPLACE INC 1300 E FRANKLIN RD MERIDIAN Ib 83642-5902 ®PACIFIC COAST BUILDING PRODUCTS PO BOX 160486 SACRAMENTO CA 95816-0488 E FRANKLIN RD • No -4660 P. B B[ER=Di 1N P8Z DEPT, UJe 004 0 STATE OF ]IDAHO) COUNTY OF ADA) SITE POSTING AFFIDAVIT (name) (address) being first duly sworn upon oath, depose and say: 1. Development applications, consisting of a rezone, planned development and preliminary plat, have been submitted for the property located at 1125 E. Pine Street, Meridian, Idaho 83642. 2. A Notice of Public Hearing sign will be posted on the subject property not less than 10 days prior to the scheduled public hearing. 3. The posting will contain the name of the applicant, description of the application, and time and date of public hearing. Dated this day of 1` ^y 200S. (Si SUBSCRIBED AND SWORN to before me the day and year first above written. Pa.`AlyMS --tisfs p�•' s: Notary Public for Idaho t'pTA!{y� * * e Residing at byUB1,o * OF My Commission Expires: 8 0 �'4;TE 1DAP•• sB6iSS�R`BSB�SS�i ��' p , E�3� EAE 11 Jillg@`� S IE Haim i;iii§ w E1 j0 39" �E E, i• � � a� ��� 1a � a a un mn w�yy_ r�orwm� 1 1 11111111 1 tt WILDWOOD DEVELOPMENT, LLC MAYFAIR COMMONS SUBDIVISION PRELIMINARY PLAT O 0 pq L.A }� \ ¥ ! • §, I ®/t g »! R!I! 7 � � / . LA me ePLA . GOOD LARD w:— .2 \ j : t°AN5�� . «.1. /LDW: \ - 'm AH, _ ,\ DECLARATION OF COVENANTS, CONDITIONS AND OF COOPER CANYON SUBDIVISION THIS DECLARATION is made on the date hereinafter set forth by Wildwood Development, LLC, an Idaho limited liability company, hereafter referred to as "Declarant". WITNESSETH WHEREAS, the undersigned is the owner of certain real property in Ada County, State of Idaho, hereinafter referred to as "the Properties," more particularly described as follows: COOPER CANYON SUBDIVISION, according to the official plat thereof, recorded in Book _ of Plats at Pages and as Instrument No. recorded on the _ day of 2003, records of Ada County, Idaho; and WHEREAS, the undersigned desire 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, the undersigned hereby declares that all of the Properties above described, 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. Notwithstanding the foregoing, no provision in this Declaration shall be construed as to prevent or limit Declarant's rights to complete the development of the Properties and to construct improvements thereon, nor Declarant's rights to maintain model homes, construction, sales or leasing offices, or similar facilities on any portion of the Properties, nor Declarant's rights to post signs incidental to such construction, sales or leasing. The following terms shall have the following meanings: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 1 Section 1. "ASSOCIATION' shall mean and refer to Cooper Canyon Subdivision Property Owners Association, Inc. a non-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 properly 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 4 and 10, Block 1, Cooper Canyon 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 Wildwood Development, LLC, an Idaho limited liability company, its successors, and subject to the provisions of Article XIII, Section 4, below, its 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. "FOUR-PLEX" shall mean a structure containing four separate units, each intended to be occupied by one family as a residential dwelling, together with all projections therefrom. Section 9. "MORTGAGE" shall mean any mortgage, deed of trust or other security instrument by which a Four-Plex 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. Section 11. "FIRST MORTGAGEE' shall mean any Mortgagee, as defined in Section 10, possessing a lien on any Four-Plex fust and prior to any other Mortgage. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 2 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 Cooper Canyon Subdivision as recorded in the office of the counter recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereto. Section 14. "PROJECT' shall mean the residential development located on the Property consisting of the common areas, building lots and structures and improvements located thereon. Section 1. Fnjoymenr 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 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 3 0 0 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 T ice; 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. Section 1. Memhershi : 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. 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 six (6) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership when Declarant no longer is the Owner of any Lots. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 4 Section 3. Assessments: A. C mafion of Tien and Person 1 Obligation of Assessment : 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. 3. 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, maintenance, repair and improvement of the Common Areas and facilities (including but not limited to the private road and parking areas) located thereon, for the expenses incurred in the operation of the affairs of the Association, for the expenses incurred by the Association for the management of the Project by a separate management company, 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 I of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be $960.00. 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 5 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 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 $500.00, which said amount shall include an initial mailbox fee. 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, pm,vided 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. F. Notice and (lnomm for Any Action Authnrized Under Sections 3C and 3F: 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. ITniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for non-exempt Lots. H. nate of Commencement of Annual Assessment; 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 Four- Plex 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 6 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. 1. 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 (129/D) 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 n to Mortgages: The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. K. Exempt Prop erre: 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 Section 4. Management A=ement: Declarant, for so long as it owns any Lots, and the Association thereafter, shall have the right, power and authority to enter into an agreement with a qualified management company to provide management services to the Association, which services may include, without limitation, general management of the affairs of the Association, maintenance of the Common Areas and facilities located thereon, performance of any other obligation or responsibility of the Association set forth in this Declaration or in the Bylaws of the Association, and the operation and management of tenant occupied dwelling units. Any such agreement shall be subject to such terms and conditions as Declarant or the Association, as the case may be, shall determine are appropriate in the sound exercise of their business judgment, and may have a term of up to two (2) years. In the event any such management agreement shall include provisions for the operation and management of tenant occupied dwelling units, no Owner may DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 7 contract with or otherwise engage any other person, firm or company to provide such services, but shall be obligated to utilize the services of the management company with whom Declarant or the Association has contracted, unless such Owner elects to self manage the Four-Plexes owned by it. The fees or other compensation to be paid any management company with whom the Declarant or Association has contracted shall be paid as follows: (a) by the Association for the management of the affairs of the Association, for the maintenance of the Common Areas and facilities located thereon, and for the performance of any other obligations or duties of the Association set forth in this Declaration or the Bylaws of the Association; or (b) by the Owner for the operation and management of tenant occupied dwelling units owned by the participating Owner. Section 1. Future Fasements: 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. F.ncrnachmentc: In the event that, by reason of the construction, settlement or shifting of the building, any part of any Four-Plex or drainage water from any Lot or Four-Plex 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 Four-Plex, 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 Four Plexes 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. . 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 as may be required of it as provided herein, 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 easements. Section 4. Private Roads: Access to each Lot is provided by a system of private roads to be constructed by Declarant and owned and operated by the Association as apart of the Common Area. Said private roads are designated on the plat as Lot 4, 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 Lots 1 through 24, Block 1 inclusive, their guests and invitees. The perpetual right of ingress and egress over and upon said Lot 4, Block 1 may not be terminated or extinguished without the written consent of all Owners, the Association, DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 8 and any and all parties having any interest in the properties. '' u_1►Y ►_► 'Y► I:1 Section 1. By Association: The Association shall provide maintenance to and be responsible for the Common Areas and improvements thereon, including any Association -owned private roads, parking areas, streetlights and drainage facilities. The Association shall also provide maintenance to and be responsible for the landscaping improvements on each Lot and any perimeter fence installed around the properties by Declarant. 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. Section 2. By sumer: Each Owner shall be responsible for maintaining and keeping in good order and repair the exterior of his Four-Plex and any private decks, and courtyards, contiguous to his Four-Plex. In the event of damage or destruction of a Four-Plex by fire or other casualty, the owner must complete repair and/or replacement of the Four-Plex within one hundred - eighty (180) days of the damage or destruction. r.• : rr► ..331100WEVERIN u Section 1. Irrigation Water Snpn1T: Each Lot shall have access to an Irrigation Water Supply System to be constructed by Declarant and owned and operated by the Nampa Meridian Irrigation District. All Owners to which the system has been extended shall be required to pay any assessment therefore levied by Nampa Meridian Irrigation District. Section 2. Easement For Trrigatinn Water Supply System: Declarant and the Nampa 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. 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. for T N : No Lot, with the exception of the Common Area shall be used except for residential purposes. No Lot or the Common Area shall be used for the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 9 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 regulations. The Owner of each Lot shall complete construction of a Four-Plex as permitted herein within one (1) year 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. C. Garbage. and Refuse lei oral: 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. Refuse containers may be placed at the curb in front of each Lot no earlier than the night prior to the regular pickup day and must be retrieved promptly after pickup. 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. E. TemporarryRes,�dences: 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 Pqui mens: The Owner of each Four-Plex shall have the unqualified right to use at least four parking spaces in the Common Areas, each of which shall be sufficient to accommodate an automobile or motorcycle, either on a first come, fust serve basis or by assignment to Owners in accordance with reasonable rules and regulations which may be adopted by the Association from time to time. Additional parking spaces may either be held for common parking, reserved for guest parking and/or made available to an Owner in accordance with such rules and regulations as the Board of Directors of the Association may from time to time adopt. Parking spaces may be used only for the parking of operable passenger motor vehicles. Use of parking spaces for parking of boats, trailers, trucks with a gross vehicle weight in excess of one ton, truck campers, motorhomes, recreational vehicles, and like equipment, or junk cars or other unsightly vehicles, shall be prohibited except under such circumstances, if any, as may be prescribed in writing by, and in the sole discretion of the Board of Directors of the Association, which discretion may not be challenged for having been exercised unreasonably. Improperly parked vehicles may be removed by the DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 10 Association at the risk and expense of the Owner thereof. 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. Signs: No commercial billboard or advertising sign shall be displayed to the public view on or from any Lot. Owners may advertise a Four-Plex and Lot for sale by displaying a single, neat and reasonably sized sign on a Lot. Other temporary signs advertising the name of the builder or the name of the institution providing financing may be displayed on the Lot during construction of improvements. 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 Four-Plex, or any portion thereof, (including amonth-to-month rental agreement); and all such Leases shall be in writing. I. Sewer Restrictions: All bathroom, sink and toilet facilities shall be located inside the Four-Plex 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: No fences shall be constructed on any Lot, except the perimeter fence installed by Declarant. ' I in 1.1111001 164 Section 1. Building Sipe: 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) Four-Plex which may not exceed thirty-five (35) feet in height. Each separate unit in a Four-Plex may not be occupied by more than one (1) family. - Section 2. Setbacks: All improvements must be constructed or maintained on a Lot within the minimum building setbacks as required by the applicable governmental authority. Section 3. Construction Requirements: Each Four-Plex shall be constructed in accordance with such plans and specifications and of such materials as have been approved in writing by the Architectural Control Committee. Section 4. Land�: Within 60 days after occupancy of the Four-Plex located thereon, each Lot shall be fully landscaped in accordance with a landscape plan approved in writing by the Architectural Control Committee DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 11 Section 5. Joh Site Maintenan 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. ► 2. 1 r rr: •. r:� 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 Declarant until such time as approved improvements have been initially constructed on all Lots. Thereafter, 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. Approval,; Required: No building, 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 12 •1 • Section 3. S„ hmissinns: 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: 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. T.anrlsen e2 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. Fs:es: 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. Section 6. Variances: The Architectural Control Committee may authorize variances from compliance with any of the architectural provisions of this Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 13 0 0 such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be evidenced in writing, must be signed by at least two (2) members of the Architectural Control Committee, and shall become effective upon recordation in the office of the Ada County Recorder. If such variances are granted, no violation of the covenants, conditions or restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular Lot and particular provision hereof covered by the variance, nor shall it effect in any way the Owner's obligation to comply with all governmental laws and regulations effecting such Owner's use of the Lot, including but not limited to zoning ordinances or requirements imposed by any governmental or municipal authority. Section 7. Waiver: 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 8. Liability: 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 9. Certification bySe�eta T: 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 Ada County, State of Idaho, or unless legal proceedings shall have been instituted to enforce completion or compliance. Section 10. Constriction and Sales Period F.xcention: 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 14 be deemed waived to the extent necessary to permit such construction and the sale of all Four- Plexes; 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 Four-Plexes owned by it as models for sales purposeAs. ' 1� 1[ _ � _ �1� C � ►It 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 Four-Plex 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 $1,000,000 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 Tns„rance: 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 15 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 Vl 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. _ ►U ul► • ► Section 1. Consequence- uencec 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. Annorr,� onment: 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 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 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 16 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. r .0 �� • : �i:z�yrx�rcr��t 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 lien which the Association may have on any Four-Plex 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. D. Unless all institutional holders of First Mortgages have given their prior written approval, no Association shall: 1. By act or ornission seek to abandon, partition, subdivide, encumber, 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.) 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 Four-Plexes, 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 cost). DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 17 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. Section 1. Fnforcement: 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 provisions 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. In the event the Association or an Owner is required to initiate any action to enforce the provisions of this Declaration, it shall be entitled to recover from the Owner against whom enforcement is sought, all attorney fees and costs incurred as a consequence thereof, whether or not any lawsuit is actually filed, and any such attorney fees and costs so incurred by the Association shall be added to and become a part of the assessment to which such Owner's Lot is subject. Section 2. Several: 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 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. A.caio meet 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. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 18 IN WITNESS WHEREOF, Declarant has caused its corporate name to be hereunto subscribed and its corporate seal affixed this _ day of 12003. STATE OF IDAHO ) ss County of Ada ) I172[s1D_C7_\►IIIA WILDWOOD DEVELOPMENT, LLC Q% Christopher G. Findlay, Managing Member On this day of 2003, before me, a notary public, personally appeared Christopher G. Findlay, known or identified to me to be the Managing Member, of Wildwood Development, LLC, the limited liability company that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at My Commission Expires DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, Page 19