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HomeMy WebLinkAboutVienna Woods No. 1 FP 99-026 HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live city Counc;l Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN 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: 9-14-99 TRANSMITTAL DATE: 8-24-99 HEARING DATE: 9-21-99 FILE NUMBER: FP-99-026 REQUEST: FINAL PLAT FOR VIENNA WOODS SUBDIVISION #1 BY: SKYLINE DEVELOPMENT COMPANY LOCATION OF PROPERTY OR PROJECT: 5400 N. LOCUST GROVE RD. TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, P/Z KEITH BORUP, P/2 ROBERT CORRIE, MAYOR ~RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER 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) fDAHO TRANSPORTATION DEPARTMENT ADA COUNTY jANNEXATION) YOUR CONCISE REMARKS: ~ ~ ~~~- REQUEST FOR SUBDIVISION APPROVAL 3UL 2 9 CITY ~ ri`, ~.~~ F>aY,~[~l~ PRELIMINARY PLAT AND/OR FINAL PLAT PLt~ti~11'~G ~`` r;t~'; ~ '~~ a PLANNING AND ZONING COMMISSION ,~ FP~ ~~" ~ TIME TABLE FOR SUBMISSION: The submission deadline for ALL applications (other than Final Plats and Variances) is 5:00 p.m. of the first business day of every month. Applications must be submitted to the Planning & Zoning Department, located at 200 E. Carlton Ave., Ste. #201, Meridian. NO EXCEPTIONS WILL BE MADE. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that a complete application is received by the deadline date. Incomplete applications will be returned to the applicant and will not be processed until all required application elements are completed. Applicants are encouraged to arrange for apre-application meeting with a Planner at least ten (10) business days BEFORE the submission deadline to address any concerns or questions regarding the project. GENERAL INFORMATION 1. Name of _ Subdivision: ~I~,,3AlA I^/~oDS (No. l~ 2. General Location: APQROX• 5y00 ~ J. l..oc.UST E,eodE' 3. Owners o f Record: Ong ~FFrn ~ Ly ~ i m ~ Ttr'D t'~TRr1J 8'~5 FF i P Address: /~ I ~A, R U~ E~J 80~E ,Zip $3 0 ~/ Telephone: 37$- 90D0 4. Applicant: SK~( tln)E "ie~UezaPms~Ji CvmP~4a~ Address: /yYl~~/ 6~~~t~ ~- CT # 7/U ,Zip 83 U Telephone: 3 77 ^ ~,(/D ~ 5. Engineer: ~m ~~R~r~ss Firm: CIJ1L SORJ~f Co~JSJcTANTS 6. Name and address to receive City billings- Name: SKyc~~E -- ?xKar~ ~r,~so,J Address_ IDy(o~( E7RRJ~DItLE C'i". "~7/D Telephone: 377-~/!~y Fi N ~~ PLAT CHECKLIST: Subdivision Features 1. Acres: / off. (07 2. Number of building lots: 3? 3. Number o f other lots: ~{ 4. Gross density per acre: ~, 9~ ~. Net density per acre: ~.9~ 6. Zoning Classification(s): A~DA- R~ 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification?___ AflA '- R 8. Does the plat border a potential green belt? 1~0 ~ ~ 9. Have recreational easements been provided for`?~~omE ~R7#~W~yS 10. Are there proposed recreational amenities to the City? No Explain ?b T~~ ~>J52 s f45soG . 1 1. Are there proposed dedications of common areas?~~_Explain ~ro -n,~ _~'jW tJ~RS ~gSOC. For future parks? Y~5 Explain_ Fv-ruRE r~t~SE ~s~ 12. What school(s) service the area? A,~os ~ LnwEc.~, Eabr E Do you propose any agreements for future school sites?~o _Explain Tlhs ~s r4 `~az,rn.,a,~a.t __1~GA'r r~SJ~. 13. Are there any other proposed amenities to the City? J~JD Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Res~Dir,~Ti~~ I5. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Sr~rs,LE I•A'rnrW 16. Proposed Development features: a. Minimum square footage of lot(s): 8.000 S.F, b. Minimum square footage of structure(s): N />q c. Are garages provided for? ~~~s Square footage: I -- 3 CAR d. Has landscaping been provided for? ~f ~s Describe: t'3~szms ~ f>R-new R~5 e. Will trees be provided for? ~ES Will trees be maintained? b~ D A f. Are sprinkler systems provided for? yE's g. Are there multiple units? n~o T'ype: - Remarks: h. Are there special set back requirements? n1o Explain: i. Has offstreet parking been provided for? yE's Explain: EgeN 7~ycr,J~/ j. Value range of property IeS : 170,00 - a750,~0oD k. Type of financing for development: ptz~ dA'rE f- 8Aa K 1. Were protective covenants submitted? ~(Es Date: 7- a9 -99 17. Does the proposal land lock other property?,~_Does it create Enclaves? JJo STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. ~ Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 2 • Sk line YCORPORATION July 28, 1999 Meridian City Council 33 E. Idaho Meridian, ID 83642 Re: Final plats of Vienna Woods Subdivision No. l and No. 2 (Peterson Property) ..Dear Mayor and Council: We are applying for final plat approval for Vienna Woods Subdivision phases 1 and 2. You will recall that this project is an Ada County project within your newly expanded area of impact. Phase 1 consists of 3? buildable lots and phase 2 consists of 44 buildable lots. The plats comply with the approved preliminary plat. The plats are also in conformance with Meridian's Subdivision Ordinance with the exception of block length due to external constraints. Futhermore, the plats conform with acceptable engineering, surveying and local standards,. We have been working closely with Gary Smith and Bill Gigray regarding the extension of a pressure sewer line as well as extension of a domestic water line to this site. The current plan is to connect to Meridian's sewer and water systems near Summerfield Subdivision on Locust Grove. All of our off-site costs will be subject to alate-comers agreement or equivalent. We formally request a waiver from your current connection fee ordinance. that imposes a double hook-up fee for projects not within Meridian's incorporated area. We appreciate your timely consideration as the current Ada County plat approvals will expire October 8, 1999 and the County requires your approval prior to the scheduling of any County hearings on the final plats. Please note that the street name "Corelly" in phase 2 has been changed to "Sabalious" to comply with the Ada County approved street names list. Sincerely, 10464 GARVERDALE CT., SUITE 710 • BOISE, IDAHO 83704 • (208) 377-4104 • FAx (208) 376-6908 L. Marvin Peterson-property owner i • QUITCL~AiM DETD _ _ .:.. FOR VALUE RI~,CEIVF,1), L. MAR1~1N 1'E'fN,RSUN and JF,AN El. PC'fLRSON, Husband and wife, do hereby convey, release, remise crud forever Wait claim wrto L. MAI2VIN PE"PERSON AND ,II;AN 11. 1'[~1'L;RSON FAMILY LIMLTI;U PAR'fN~RSEIII', the following described premises, t.a-wit: ~. l)ndivided one-half (%z) interest. iu and to: N%: S\V'/4 Scclion 29, T. 4N., I2. . IL., Q.M. Ada County, Ldaho, constituting 80 acres of land together with 64" of Settlers lr•rigaUon District Water Rights Together with their appurtenances. DATE[): ~~~ s°. /~'~/ 7 ~ ~/ ~ ~ / I_,. MARVIN PI;TL+'RSUN .1r ~N [~[. I'E"I'ER50N S'1'A"['E UP [DAEI~a ) ' . SS County of A1)A ) • Uu this a~~ day of ,~G~ - _ , 1997, l,efo±'~ +»~R.s s-1+otary public itt • and for said St la e, personally appeared L,. A'IA.RVIN I'r"['I;ItfiON an<I .1LA. N fl. I'ET'CRSON, husband and wife, known to me U, be the pcrsp+rs whose names a+•e s+rbscrilied t:ci the within insl.rnment, and :rclcnowledged to nlc that they executed the same. • -~~ ..x- Q7Q~11~~ ~~• : T Notary Public ~ , •. ~ .. _ ,,. n ~~ ~, • Residing al Iloise I . , , .,n, ~ ~ ~: . P t - Ally Commission Cxpirc~: ~ ,,,;^ y ~ ~ / '~~ ~ ~.~. ~ ~' - ~ ~` R .. ~ N.; W /N'J~/.ryT~ . 1 3 ~' 1tKybncgt~Y~,. ~. J.:~ . i rIT` :'~ Proposed .Development Name__ UNKNOWN // P TER ON PROPERTY File No.BOISE' Date Reviewed 04/23/98 •~"~'~~ Preliminary Stage XX Final ~~ Engineer/Developer-???????? /'Skyline Coro -r The Street name comments listed below are made by the members of the'ADA C STREET NAME COMMITTEE (under direction of the Ada County Engineer) regard~r development in accordance with the Boise City Street Name Ordinance. ` `~~~~j_<: __ ~ ~:~ 1t~checked. - ° .,: ~ ``~!«S~~':y4 / •.; :f "EACH" / "BEETHOVEN" '~' • „ „ ~ ~`~.r~,.' . CHOPIN / "DERIISSV~ . "DVORAK" "GRIFC;" -~ "HAND 1 " '/ ~~`n.;~ "M NI~FI•SI .,. _ i ~' : ~ ~;rX~ "MOZART""~ SABALInug .~ ~ <,-;;;`.;,,,:~~. ~~ ~~ "SCHLIRFRT"'~ "S HIIM~~ II~j V' STRAUSS VON WFRFR "WAt`NFR" "PR 1 1111E ~{~ "ADAGIO" "VI NNA wnnnc~~~ ~`~ y*f~ The abov -----~ e street name .comments have been read and a ~''" representatives of the~ADA COUNTY STREET N pproved by the'foilowing.;~ AME COMMITTEE.. ALL'o# the;sl,~~ty must be secured by he representative or his designee in order for the street ri<~~, '~ ~ .. officially`appraved. ', ~ ;. ,.. i .n ADA COUNTY STREET NAME COMMITTE , PG NCY R RESENTATIVE$ ORjD~FSI ~ ~., Ada County:Engineer John:Priester ~ +~~., . Date ~~ ;~~:~ Ada Planning Assoc. Ann Hurley Date~~ ~ ~'"' ... ._ .,~.~ Boise Cit .Public Works ~~ Representative ;' y Date °". • ~ -~'- ..~ Bosse Flre Dept. Representative Date ~ ~'Z ._~ YR ~ NOTE: A copy of his evaluation sheet must be presented to the Ada.County;Engirle@Ir~; time of signing the "final'plat";,otherwise the plat will not be signed~l!!I °PAGE.~ONE~4 Sub Index ~ ` 'Street Index 4N 1 E 2q • Section ;~ G, NUMBERING OF LOTS AND` BLOCKS .. ,~;~~ TR~SUBS1801SE.fRM t.:>Q• ;t~ , _4,,k ~ : ~~~i`~ .~` r ?.~ 3c,C ".' . .~ ,~ , r Y ` ~ ,~~/ S ryryyy t. J - w•rPF v'- ~,;v;c i ~~A;,, 4 BOISE,CITY EVALUATION SHEET .. ~ :; >; ~~~,~• ,.. Proposed Development Name PETERSON PROP RTY File No.BOISE'C `; , ;,~,~ Date Reviewed ° 44/23/98 "~ ~`J~ ,~ Preliminary Stage XX Final ~ ~`~ ,. 4~~ - o S{+:( Engineer/Developer ..~~~ The Street-name,. comments listed below ~ are made by the members of the`ADA .C.O~I STREET NAME`COMMIl'TEE (under. direction of the Ada County Engineer)` regardln~ . development'in accordance with the Boise City Street Name Ordinance. „ ... _. .;'."oon1~'~~.e~. i .;,~xt~ ~~ /~~ .. ..... 1._ .. ' '~Y " is similar to " .r)RY" ` ' i"'ic Cimi~~r tr. :"AI 1 ci±~r~r". ' ., `~. "BROOK" is a d Inlication ~`' ,, . - f ,. "COPLAND" is reserved " ' ~~ "CADENCE" is Similar to MK'ntiini ~, , • "nVFRTI IRF" ie C~mJ~r tr. "/'-VG[ .<~' . . ~ ' ' "RACHMONINOFF" and "T(`HOIKnyctrv~~ ` WO tld ha to r•liffirl~~t fnr hlld 't ~ ren n ~,~..., _~., , ;i• 2 ~~ .... I Th e a~w• street name.;con~met~ts ;have .been read. e ; . , ~~ .. and .approved; byahe `foil wi ~ r presentatives of the ADA CbUNTY;STREET NAME COMMITT)=E ALL of~t hi~~~l~. u b m st e secured.. by the `representative or' his desig . ' nee in order for the ~street'n ~e : officially approved. ;,~ s, ~ y : . . a,: , ::. ADA COUNTI( STREE7:NAME;COMMITTEE, AGENCY REPRESENTATIVES OE~'DES~~ Ada County Engineer John Priester h °,t r ~^'~s , Date' .__,._. '. Ada Planning Assoc. - Anrl Hurley ~ Date ~ „ ~ r 1i~J r Boise City Public Works .°:. a resents i t ve ~ p _ _ si <~# ~ . .. ,... , _ ,. Date - y r~. , `. <~ Boise Fire Dept ~~~F Representative ----- <. ; ~ '~' D t a e ,~. ~~,*~ -NOTE:.. A copy of this exe uat p,R~sheet must be resented to ah Ad 'C e - time~of signing the."final'pla>~"~otherwise: h pl . . e a 4unty Engine r ` s .t e at w ~, ~ ~ ill not be si reed !1!! ~~ d'` ~' 9 ;~ • ' ,~, .~ . . Sub Index ; ~ _~$treet°Index' 4N 1E 29 '•" ' Secfion ' ) , ~~~ NUMBERING~:OF-LOTS 'AND BLOCKS ''' . ' TR1SU851801SE.FRM ' '- e, ,, t •. ~'t n'~' .•;i: N. LOC(/ST CIPOVE Hpgp a a v a r o C ~ ~ .u N. 660AH AVE]VG4E a y # y ~ N ~ ~• O a h a ~ ' ~* 4 ~ a O ~ ~ ~ ~ K 6l~E7hGYE7V AVENUE b ~" a ~ ~ ~, y ~ .. ~ b a Q ~ a e ~,o : ~ O K AtigGW AYEHlA- O r a t11~ ~ y w ~ a '~~ ro K CITY Op MERIDIAN ~ ~ ~\ c •c. ~~ +. FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS, WILL NOT BE PROCESSED ' ~;, SLBDIV'1SIUN NA.IVIE: _____VI~~rVA~ G~Or.~s ~1~0.1 ~-4_~ovN-ry ,~ .~~,.; :•;;~"' --- --_ Ei`yG(NEER: •____T!n_~~~4~s_~_ C„s~_~ s~~~s/ Co~svtT~~Jr~ The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat subrttittal sltal( include at least the Following: ITEM DESCI~T_pTION COMMENTS 1 • Thirty (30) copies of written application for approval as stipulated by the Council ?. Proof of current ownership of the real property included in the proposed fna! plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) 3 • A statement of conformance with the approved preLirrunaiy plat and meeting all requirements or conditions thereof ~• ~ statement of confonrianee with all require- ments and provisions of this Ordinance ~• A statement ofeonformanee with acceptable engineering, architectural and surveying practices and local standards b. Street name approval letter from Ada County 7• Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements ~• T•lurty 1;3U) prints of the final plat at a scale of one inch equals three hundred feet i l " = 300'j. Include subdivision and street names, lot and block numbers only. ~,,.~dJat^,°' ~~21~ .,~ ~, FT!~`AI- SUBDIVISION PLAT CHECKLIST Page 2 9. 'I~]urty (30} folded copies of the final plat containing / the following requirements and three (3) copies of the signature page of the fins! plat. Plat shall include. a. Approved Plat Name / b. Y ear of platting - c. Sectional location of plat - Caunty a. North arrow `~ e. Scale of plat (not smaller than 1 "=100') f: 5tre8cs and alleys with widths and bearings tY 5treer names h. Consecutive numbering of all lots in each ~ ' block, and each block lettered or ntunbered i. Each and all Iengths ofthe boundaries of each lot including curve table j. Exterior boundaries shown by distance aztd ~-"-'- bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey mornunents ~"'-~----- 1. Initial point and tie to at least two '~'- public Iand survey corners or, in lieu thereof, to two monuments recognized by the City Engineer ox County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements ~~- r-. Basis of bearings ~-----,._._ o. Peninent notes for easements ~ , restrictions, designations, etc. p. Land Surveyor -signed seal '~- q. Land Surveyor business name -City ~ ' ~ ,' location r. Legend of symbols `~ Muvmum residential house size i Ad •,/ ~ . jacent platted subdivision names f~ i 0- Fee Paid - 31 Lots ~ $ I O.OO/Lot = - ~l~ ~ / 1 1. Other Information as Re uested b A r '~ , City Engineer, Planning & Zoning Commission X , or City Cotuicil FfNAL S~$DIVISION FLAT CI~ECICI,IST Page 3 l ? • Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments ofstaffand/or agencies, etc,, will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles Pl~_ n~ & Zo~a,~~~strator ___. Gary D. Smith P~St,Iy ~nQ~-- ~---- :-1CC'EPT.aJ~,'(;~E DATE: - o~TEMs l ~ Landscape plan for common lots Lot frontages `n~rk,,,,a +o s,,b-n~> } Meridian City Council Meeting October 5, 1999 Page 69 Stiles: No. Corrie: (inaudible) Bird: We'd have to go to the November 3~' meeting? Corrie: We have to go to November 3"~, yeah. Bird: Okay. Mr. Mayor. Corrie: Mr. Bird. Bird: I move that we reconsider for public testimony on November 3`~, the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hollows and for the advertisement of the public hearing be put forward. Anderson: I'!! second it. Corrie: Okay. Motion was made and seconded that we reconsider for public hearing on November the 3`~ for the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC for the November 3`~ hearing. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Mr. Clerk, if you'll do that, notice that one. All right. Okay. 22. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 1 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: 23. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: Corrie: Okay. Now we go back to 22. Gary (inaudible) to continue with this explanation on 22. Okay. Gary, go ahead. Smith: Thank you, Mr. Mayor, Council members. The applicant had responded to your staff review comments that were previously made, and the applicant had some questions and concerns about some of those comments, some of the staff comments. I submitted to you today a memorandum that I had written on October 4~' addressing the Meridian City Council Meeting October 5, 1999 Page 70 applicant's concerns. There was one general requirement that he had a concern about and that had to do with the question on the street name. I believe Councilman Anderson addressed that at the last Council meeting that the extension of the Kamisky (sic) street name should continue through this subdivision because of its alignment with an existing street name to the east. Site-specific comments 1've listed by number as the staff had previously addressed in their review. If you want me to go through each one of these, I will. if you have any questions, I'd be happy to try and answer those questions. I would suspect that the, maybe the major item of discussion might be Item No. 13 which is their requested waiver from our present ordinance requirement of a double sewer and water assessment fee because this subdivision is outside the corporate limits of the City of Meridian. Bill Gigray has drafted and submitted to me a proposed change in that portion of the ordinance, and that proposed change does eliminate the double-connection fee for sewer and water. It has within it, and you're not - I don't believe you're privileged to that proposed draft - it has within it some other items, requirements for servicing -providing service to a subdivision outside the city limits. One of those provisions is that the developer enter into an agreement requesting this service, and that agreement has not been prepared yet, so I don't know exactly what the contents of that agreement would be, and I just this evening made the applicant and his attorney aware of the draft that was submitted to me by Mr. Gigray. Approval of the subdivision, if you so desire to make that this evening, I would assume these would be conditioned upon the waiver of the - if that's the right word, of the present ordinance requirement for the double sewer and water fee assessment, but I think that waiver needs to be conditioned upon the entering into of an agreement between the City of Meridian and the applicant for the service, and I'm not sure how the applicant or his attomey will react to that because it's kind of open-ended at this point. I don't know what that agreement's going to be. But I think that the staff, I feel pretty comfortable that staff can work that out, and, of course, if we can't, we'd have to bring it back to you with problems if there are problems. 1 guess I'd leave it at that. If you have any questions, I'd be happy to try and answer them. Corrie: Council, questions of Gary on this one? Bird: I have none. Smith: Again, I--it's going to take some coordination between the different entities, Ada County Highway District, Ada County itself, the - I'm not sure what they calf themselves, Development Services, I guess, where they issue the building permits, and the City of Meridian as far as payment of fees is concerned, and I think that the developer has just given me a real short proposal tonight of what that procedure could look like, and I would - my proposal was to leave it up to the developer to make that proposal to us in a formal manner so #hat, and I think what he proposed to me tonight is very workable and would solve the problem of coordinating it, make sure that everybody is aware of what is going on, aN the fees are paid, everybody's aware that the fees are paid so that we can Meridian City Council Meeting October 5, 1999 Page 71 proceed with it because there are different entities involved now, rather than just the city collecting the fees. Corrie: Definitely new ground here. Smith: Yes, sir. Corrie: Any other comments, questions? Hearing none, I'1i work on a new motion for the final plat if (inaudible). Bentley: Are you doing the final plat for one and two separately or together? Are the same conditions applying to both? Corrie: I think they are. Bentley: We can do them together. Come: So you can do 22 and 23 together here. Bentley: Are we ready to dance? Corrie: Hearing no further comments, we are. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: And, Gary, you help me if I get this wrong. I move we approve the final plats for Vienna Woods Subdivision No. 1 and No. 2 by Skyline Development subject to staff conditions and the condition that the developer enter into an agreement with the City over the fees. Smith: Mr. Mayor, Councilman Bentley, could we also include the clarifications that I have set forth in this October 4~' memorandum? Bentley: And include in there the clarifications by City Engineer Smith in his October 4cn letter. We got everything? Smith: Thank you. Bentley: He said that's it. Anderson: Second. Meridian City Council Meeting October 5, 1999 Page 72 Corrie: Okay. I sure hope that's on tape because I don't think I'm going to be able to repeat it. Motion made by Mr. Bentley, seconded by Mr. Anderson to approve the request for final plat of Vienna Woods Subdivision No. 1 and No. 2 and incorporating the agreement for services and incorporate the comments by Engineer Gary Smith in his letter of October 4"' to the Council. Any other discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 24. REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE EXISTING SMALL DETACHED GARAGE BY MEL AND DEBI LACY -1414 N. MERIDIAN ROAD: Corrie: Okay. Item No. 24 is a request for a conditional use permit to add on an attached two-car garage and one bay carport (boat storage) and remove or relocate existing small detached garage by Mel and Debi Lacy, 1414 North Meridian Road. Council, have any questions of staff or staff have any comments on this request? Shari? Stiles: Mr. Mayor and Council, just would like to note our memo of September 13, 1999 and if this is approved that those comments be incorporated in the findings. Corrie: I think we have a -isn't this a grandfather rights, Shari? Oh. Yes. It is. Bicd: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, you've seen their reply from today, haven't you? Stiles: From today? Bird: Yeah. 10/5/99, received October 5"' City Clerk from Mel and Debi Lacy. Have you got it, Shari? Stiles: Yes. I was just reading it. It sounds like they intend to comply with our comments. Bird: The only thing, No. 4 was on the sewer. I guess they're going to be willing and agree on that, too. *** End of Tape 4 *** ~da C,our2t~,l~ti hcUCLC~ aCJi3trict INTER-OFFICE MEMO Traffic Department Planning & Development Division TO: ACHD Commission FROM: Planning and Development SUBJECT: FINAL PLAT VIENNA WOODS SUBDIVISION NO. 1 MEETING DATE: MAY 10, 2000 FACTS & FINDINGS: 1. VIENNA WOODS NO. 1 is a 37-lot residential subdivision on 12.67-acres. This site is located on the east side of Locust Grove Road, '/4-mile north of McMillan Road. 2. The preliminary plat was approved on June 10, 1998. All conditions of the preliminary plat have been satisfied. RECOMMENDATION: 1. Approve the final plat of VIENNA WOODS SUBDIVISION NO. 1 and authorize the President to endorse. SUBMITTED BY: DATE OF COMMISSION APPROVAL: Planning.and Development Staff 14/27/00 THti 15:24 FAX 208 X75 2847 CONTINENTAL 0]002 va~u~u~ w~~~s S~I~~OVB~00~ ~~, ~ 0 150 3 0 600 ~^~ SCALE: "=300 a~`p~ ~,~o ~a ~~ ~ ~a ~ as~e ~ ! \~~..~ 1:. ~~ l;i i ,•`- 3 ?:] ~ lE ,; i f ~' ~I .~. ; ~., ~ 1L ' ,s ' 1F j .i2 . ~ . ....- ---- iti1'~^E!_ SKI' ~ -`'.'~`. •--•.. ~_`~M i ,:., --~ I I H,4WDEL C~'sC:~" '~ ;1 ~: Ir.3 f ~' ~ 1 a ~ 1, ! j ~ GS~~Q• j ~ -~ ,, i ___~ ..~.I... --~ ~. - ~ I 2 1 r~ i a i I I ~ r ~~) _.~.~.~4..J....~~ ~ _~ ti, i /~ Q` ~- I _ I C; !'•• '~. 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All conditions of the preliminary plat have been satisfied. RECOMMENDATION: 1. Approve the final plat of VIENNA WOODS SUBDIVISION NO. 2 and authorize the President to endorse. SUBMITTED BY: DATE OF COMMISSION APPROVAL: Planning and Development Staff 04/27/00 THU 15:25 FAX 208 375 2847 CONTINENTAL I~j003 vo~~ w~o~s s~~~ovo~s~~ ~o. a a ~ sa ~c~o soa 5GALE: "=3aa' ~Q~~ Q~~ ~ ~~ ~~ \~ 12 13 14 15 16 17 1 ;^ ~ ,, I 1 S j ';S i 1F ~ 3i ~^~+ •; 1 1 r r ~ , -~ SfRE F,T 3 '' L~~~ 1` ~ 4.4hiD;i ~;i=.it~' ;31 ~ 4 +~ ~ 22 ! •~' ~n ~ 1 n 1 9 2 10 9 ;) i~ ~ - i . ----~ ' .. BLO K 7 g I ~ I~ ~ 2~ ! Z•; i 25 ~ 26 ~ - 20 g 3 9 z BLO 8 )T ~ ~U~U~E ~ PHASES 7 ~ B ~'x 6 , . , rsc;7i~~1 ..:. -.S_TRc'E!' t' zo y . SIIBAL10U5 • S1AEfT 5 e r ~ 3 --'- -• . 1 ~ 7 ~ -7 i 4• 1: ~s ~ 5 4 ~ z ~ . ~ ~~ PHASE 2 \ ± L L~ •:II~Va/.~:J ` j l ' ~O J~~ ~~ t g ~ 5 2 ~~, BLO K 3 a -----a j{ 5 ~ j 6 ~~\~ '~~ ~~ I$ I-.....,. 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ARMSTRONG PL. • BOISE. ID 83704-0825 • (208) 375-5211 • FAX 327-8500 To prevelrt and treat disease and disability, to promote keatthy kfesty[es; and to protect and promote die liealllr and quality of our enviroement. 00-03 61 May 15, 2000 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Vienna Woods #1 Subdivision Dear Mr. Navarro: REc~~D MAY 1 8 2000 CITY OF MERIDIAN Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on May 15, 2000. No lot size may be reduced without prior approval of the Health Department authority. If you have any questions, please call. Sincerely, f~~~~l Michael H. Reno Senior Environmental Health Specialist cc: Department of Housing and Urban Development Skyline Corporation Civil Survey Consultant, Inc. City of Meridian Ada County Building Department Ada County Planning Department MR:js Ada /Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Palley, Elmore, Boise, and Ada Cou-ities Ada-WIC Satellite Office 1606 Robert St. Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore Count' Office 520 E. 8th Street N. Mountain Home. ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall. ID. 83638 Ph. 634-7194 FAX: 634-217d BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF SI~YI,INE DEVELOPMENT COMPANY FOR APPROVAL OF FINAL PLAT FOR VIENNA WOODS NO. 2, MERIDIAN, IDAHO CASE NO. FP-99-02 7 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to § 11-9-604 H Municipal Code of the City of Meridian on October 5, 1999, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter dated September 17, 1999, to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freclcleton, Assistant to City Engineer, listing 9 General Comments and 16 Site Specific Comments, and a letter in response to staffs comments and conditions, and which addresses the concerns of the Applicant, from Gary Smith, City Engineer, dated October 4, 1999, which are herein found fair and reasonable, and Gary Smith, City Engineer, commented at the hearing, 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 "VIENNA WOODS SUBDIVISION NO. 2" as evidenced in Plat bearing SHEET 1 OF 3, CIVIL SURVEY CONSULTANTS, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 - 1 • • INCORPORATED, Consulting Engineers, A SI~I'LINE DEVELOPMENT COMPANY DEVELOPMENT, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, dated ,listing 9 General Comments and 16 Site Specific Comments, and a response letter to Staffs comments dated October 4, 1999, from Gary Smith, City Engineer, true and correct copies of which are attached hereto marked Exhibit "A" and by this reference incorporated herein, with the additional requirements that: 1.1 Fire Chief, Denny Bowers, requires that all codes be met; that street name signs need to be installed before building is started; that all common lots will need to be kept clear of trash and weeds; and that all water supply and hydrants will need to be met. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 - 2 LJ • breeding problem; and that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 2. The final plat upon which there is contained the Certification and signature of the City Clerlc 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 - 3 ~J By action of the City Council at its regular meeting held on the 5th day of October, 1999. By: ;T D. CORRIE City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and City Attorney. By: ~ ated: ! ~'~~~ ~~ ity Clerlc msg/Z:\Work\M\Meridian 15360M\Vienna Woods\FPFfirlsNo2 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 - 4 Mayor ROBERT D. CORR[E City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO S3b42 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 MEMORANDUM: To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ineer ' Shari Stiles, P&Z Administrator ~~ LEGAL DEPARTMENT (203)188-2499 • Fax 288=?SOl PUBLIC WORKS BUILDING DEPARTMENT (208) 337-22ll • Fax 887-1?97 PLANNING AND ZONING DEPARTMENT (208)884-5533 • Faz 887-1297 September 17, 1999 Re: Requests for Final Plats for Vienna Woods Subdivisions Nos. 1 and 2 - 37 Single- family Lots on 12.67 Acres and 40 Single-family Lots on 17.60 Acres, Respectively, by Skyline Development Company These final plats constitute a portion of an 80-acre development within Ada County. As part of the City's negotiations with Ada County over the Meridian Impact Area, City Council agreed to provide services to this property. The applicant is proposing to build a lift station and approximately one mile of temporary sewer line in Locust Grove to connect to the City's sewer system near Summerfield Subdivision. We have performed only a cursory review at this time; off-site improvements and design of the future interceptor line within the subdivision has not been provided. Due to the fact that changes may be needed once design of the sewer system has been determined, staff recommends that this item be tabled until such time as the applicant provides final construction drawings for all improvements. We have reviewed this submittal all bef cons deredoin~ full,ounlesstegpr ssly ~modifi dtor application. These cond>ttions sha deleted by motion of the Meridian City Council: GENERAL gEQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be piped per City Ordinance 11-9-605.M. 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. Wells may be used for non- domestic purposes such as landscape irrigation. YirnnaWoodyl&,2.FP EXI~T~~' "A" TO ORDER OF CONDITIONAL APPROVAL - 1 OF 9 OF SAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 Mayor, Council and P&~ September 17, 1999 Page 2 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Make corrections necessary to conform to the final letter from the Ada County Street Name Committee. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Sewer and water mains shall be extended to and through the 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. 7. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 9. Respond, in writing, to the each of the comments contained in this memorandum by 5:00 p.m. of the Monday prior to the scheduled hearing by the Meridian City Council. Submit three copies of the revised final plat map to the Public Works Department. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat and City Ordinances. 2. If the pressurized irrigation system within this development is to remain a private homeowners association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. if a creek or well source is not available, asingle-point connection to the culinary water system shall be required, and the common areas within the development will be a subject to water assessments. 3. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to any building permits being issued. Landscaping and pathways shall be constructed prior to obtaining VimnaWaodyl&2.FP AZ-99402 EXpI~~'IT "A" TO ORDER OF CONDITIONAL APPROVAL - 2 OF 9 OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 Mayor, Council and P&~ • September 17, 1999 Page 3 certificates of occupancy. Although building permits will be issued by Ada County, these elements shall still be met as a condition of approval of the final plat. 5. Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Said fencing shall be installed across the ends of the future stub streets. Fencing is to be in place prior to applying for building permits. 6. Lot 2, Block 3, of Vienna Woods Subdivision does not meet the minimum 80-foot frontage requirement. Revise plat to comply. 7. Clarify the intent of the 12' landscape and utility easement on lots adjacent to Locust Grove Road. 8. By arrow, designate rear of lot for Lots 6, 15 and 16, Block 3; Lot 2l of Block 2, Vienna Woods Subdivision; and Lots 1, 4, 5 and 8, Block 6; Lot 2, Block 5; Lot 17, Block 5; and Lots 1 and 11, Block 7, of Vienna Woods Subdivision No. 2. This is necessary due to the dedication of easements with a note. 9. Revise or add the following notes for Vienna Woods Subdivision: (7.) (Add statement that Lot 11, Block 2, is also subject to a blanket easement to the City of Meridian for access to the sewer lift station.) (8.} All lots within this subdivision are designated for single-family dwellings only. (9.) Minimum square footage of houses is 1,400 square feet, exclusive of garage. 10. Staff is concerned about Note No. 4 of Vienna Woods Subdivision. If the lot is to serve as a passageway for the City's sewer trunk line, the City will need an easement unencumbered by other utilities or drainage. 11. Revise or add the following notes for Vienna Woods Subdivision No. 2: (7.) All lots within this subdivision are designated for single-family dwellings only. (8.) Minimum square footage of houses is 1,400 square feet, exclusive of garage. 12. Remove the City of Meridian from the reference to domestic water service origin noted in the Certificate of Owners. 13. Applicant has requested in its cover letter a waiver of our connection fee ordinance that imposes a double hook-up fee. Staff recommends that this request be denied due to the fact that extensive additional staff time is required to accommodate this project. 14. Applicant also states in cover letter that all of their off-site costs will be subject to a late- comers agreement. This is a decision the City Council will have to make. v;~w~~aaFr az-9s-oarz EX~~`IT "A" TO ORDER OF CONDITIONAL APPROVAL - 3 OF 9 OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 ~.~ Mayor, Council and P&~ September 17, 1999 Page 4 15. Application for sewer and water will need to be processed through the Public Works Department for each building lot. Assessment fees will be collected at that time. The City of Meridian will require inspections of service line connections. 16. As no agreement has been reached with Ada County, the City will not be able to collect park impact fees for this subdivision. v~ewooa~~aa.tr E~s~'IT "A" TO ORDER OF CONDITIONAL APPROVAL - 4 OF 9 OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 ~~~~ WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JusTIN P. AYLSwoarH 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE JULIE KLEIN FISCHER POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH WM. F CiIORAY, lIl MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TEL (208) 288-2499 NAMPA, IDAHO 83653.0247 FAX (208) 288-2501 TEL (208) 466-9272 WILLIAM A. MORROW FAX (208) 466-4405 CHRISTOPHER S. NYE Email via Internet ~ wfg@wppmg.com PHILIP A. PETERSON PLEASE REPLY TO STEPHEN L. PRUSS MERIDIAN OFFICE ERIC $. ROSSMAN TODD A. ROSSMAN October 13 1999 R. STEPHEN RUTHERFORD TERRENCE R. WHITE ~~ ~---~ ;..ti William G. Berg, Jr. ~`{-~ '`~~" MERIDIAN CITY CLERK ~~~, ~~N `,~~+~~~,~ 33 East Idaho Meridian, Idaho 83642 Re: SKYLINE DEVELOPMENT COMPANY /FINAL PLAT ON VIENNA WOODS SUBDIVISIONS NO. 1 AND NO. 2 Dear Will: Regarding the above referenced matters, please find enclosed the originals of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDERS upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning, Public Worlcs and Attorney's office. If you have any questions, please give me a call. Very truly yours, R. Stephen therford msg/Z:\Worlc\M\Meridian 15360M\Vienna Woods\BergFPOrdAppro.ltr ^-._ a ROBERT D. CORRIE TY OF MERIDIA Mayor PUBLIC WORKS !BUILDING DEPARTMENT GARY D. SMITH, P.E. Public Works Director MEMORANDUM To: Mayor ~ Council From: Gary Smith, PE RE: Vienna Woods Subdiv' ' n No.1 and No.2 Final Plats COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD s ,- ~,~ ~.._ 0 C T - 5 1999 ~~ Lr~°~ lii~~ ~'~ ~k~~ 1~-~;:, I have re-reviewed city staff's comments, dated September 17, 1999, along with the applicants response to staff comments dated September 20, 1999. I believe the following comments will address the concerns of the applicant. General Requirements: The question of the street name was addressed by Councilman Anderson at the last Council meeting. I believe that his recommendation is to use the street name, Comisky, that exists to the east and aligns with the street in this subdivision. Site Specific Requirements: 4. Building Permit Issuance: The following are minimum requirements of the developer prior to Ada County issuance of building permits. The water and sewer systems need to be installed and tested for purposes of substantial completion acceptance. For the water system this means all pipes, including services, and fire hydrants must be installed and the pipe pressure test and the bacteriological test must pass the city requirements. Fire hydrants must be operational. For the sewer system, this means all pipe and manholes, including services, must be installed and the pipe pressure test must pass the city requirements. An all-weather roadway, able to support emergency vehicles, must be constructed in the platted public right of way and approved by ACRD. Typically ACRD won't test the portions of a gravel roadway until the'/.U(-) gravel has been installed. If pavement is not in place, barricades to protect all valves and manholes within the street section must be erected. Street signs, either permanent or temporary, must be installed. The completion of other improvements such as, landscaping, streetlights and pressurized irrigation system can be guaranteed with a Letter of Credit. Occupancy permits will not be issued until paving is complete and the sewer and water system has been completed and accepted by the City of Meridian. 5. Permanent Perimeter Fencing: Perimeter fencing must be in place prior to Ada County issuance of building permits. This requirement is necessary to protect the adjacent farming areas from receipt of blowing building material debris. Temporary fencing in the areas of required permanent fencing may be acceptable, as decided by the City Planning & Zoning Administrator. Temporary fencing is to be installed along the phase fines of the plat(s). 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208) 887- 1297 ~ ~~ ~ • • 9. Plat note showing minimum square footage of houses: City Planning & Zoning Director states that this requirement should be deleted. 10. Location of Sewer Trunk Line: Our sewer area study consultant, JUB Engineers, has responded to the applicants request for trunk line location and stated that the proposed lift station can be located as they have proposed, however, the sewer trunk line must stay in Locust Grove Road, extending south from the proposed lift station location and east along McMillan Road. 11. Requested Plat Note No.8 regarding minimum square footage of houses to be built in this subdivision: City Planning 8~ Zoning Director states that this requirement should be deleted. 12. Ability of City to supply domestic water: It appears, with the addition of WeN No.18 in the Summerfield Subdivision, that supply of water to this subdivision site will not be a problem. Preliminary analysis has been complete. Final analysis is needed with actual water line flow availability at Summerfield Subdivision. 13. Requested waiver from the present ordinance requirement of double sewer and water assessment fees tconnection fees). City Attorney BiN Gigray has prepared, and submitted to me for comments, a draft proposal for amendment of the existing city ordinance requiring a double connection fee for service outside the city corporate limits. I have reviewed this draft proposal and returned my comments to Bill. I am in agreement with the basic concept of the draft and have proposed a couple of changes, relating primarily to developing a process for us to collect the assessment fees and for us to collect fees and provide inspections for the water and sewer service connections. Presently I believe the State of Idaho Department of Building and Industrial Services inspects sewer and water systems outside the boundaries of a city. In this case, I think it is appropriate to require city inspection staff to make these inspections since the supply and collection systems will belong to the City of Meridian. I would propose that the applicant make contact with the state to see how this can be structured for city purposes. A part of the agreement that the developer will enter into with the city for this service outside the city limits wilt include a provision agreeing to future annexation when the subdivided area is contiguous to city limits. I propose that a note be added to the final plat that so states so lot buyers will be aware of this requirement. 14. Reimbursement Agreement for sewer and water line extensions that will serve other properties: Developer response is appropriate and in conformance with the city ordinance for reimbursement of costs to extend sewer and water lines that serve property other than what the applicant is developing. The developer must submit a written request to the City Council for approval to enter into aLate-comer Agreement with the city. If this request is approved, the developer will then submit documented exhibits of all costs incurred to construct the system(s). , 15. Definition of Assessment fees: Assessment fee reference in this item is synonymous with "connection" fee for sewer and water service. Since the City of Meridian will not be issuing building permits a procedure will need to be established for the City to collect the sewer and water assessment fees. Also, a procedure will need to be established wherein the City of Meridian sewer and water inspectors conduct the inspection of the service connections. A coordination effort will be needed between Ada County Building Department, Ada County Highway District and the City of Meridian for issuance of building permits and collection of permit fees. We are breaking new ground here, so to speak, and I think the developer should play a lead role in organizing this coordinating effort. • CITY OF MERIDIAN ROBERT D. CORR[E Mayor GARY D. SM[TH. P.E. Public Works Director PUBLIC WORKS /BUILDING DEPARTMENT MEMORANDUM October 4, 1999 To: Mayor 8 Council From: Gary Smith, PE RE: Vienna Woods Subdiv' n No.1 and No.2 Final Plats COUNCIL MEMBERS CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD t have re-reviewed city staff's comments, dated September 17, 1999, along with the applicants response to staff comments dated September 20, 1999. I believe the following comments will address the concerns of the applicant. General Requirements: The question of the street name was addressed by Councilman Anderson at the last Council meeting. I believe that his recommendation is to use the street name, Comisky, that exists to the east and aligns with the street in this subdivision. Site Specific Requirements: 4. Building Permit Issuance: The following are minimum requirements of the developer prior to Ada County issuance of building permits. The water and sewer systems need to be installed and tested for purposes of substantial completion acceptance. For the water system this means all pipes, including services, and fire hydrants must be installed and the pipe pressure test and the bacteriological test must pass the city requirements. Fire hydrants must be operational. For the sewer system, this means all pipe and manholes, including services, must be installed and the pipe pressure test must pass the city requirements. An all-weather roadway, able to support emergency vehicles, must be constructed in the platted public right of way and approved by ACHD. Typically ACHD won't test the portions of a gravel roadway until the s/,"(-) gravel has been installed. If pavement is not in place, barricades to protect all valves and manholes within the street section must be erected. Street signs, either permanent or temporary, must be installed. The completion of other improvements such as, landscaping, streetlights and pressurized irrigation system can be guaranteed with a Letter of Credit. Occupancy permits will not be issued until paving is complete and the sewer and water system has been completed and accepted by the City of Meridian. 5. Permanent Perimeter Fencing: Perimeter fencing must be in place prior to Ada County issuance of building permits. This requirement is necessary to protect the adjacent farming areas from receipt of blowing building material debris. Temporary fencing in the areas of required permanent fencing may be acceptable, as decided by the City Planning & Zoning Administrator. Temporary fencing is to be installed along the phase lines of the plat(s). 200 East~r~C~~;cfiI~°I'•F~f~'~~11~'~DS SUBDIVIS~~l~ ~~ 8287-2211 Fax ~2og~ s87-1297 ~ ~ 9. Plat note showing minimum square footage of houses: City Planning 8~ Zoning Director states that this requirement should be deleted. 10. Location of Sewer Trunk Line: Our sewer area study consultant, JUB Engineers, has responded to the applicants request for tnmk line location and stated that the proposed lift station can be located as they have proposed, however, the sewer trunk line must stay in Locust Grove Road, extending south from the proposed lift station location and east along McMillan Road. 11. Requested Plat Note No.8 regarding minimum square footage of houses to be built in this subdivision: City Planning 8~ Zoning Director states that this requirement should be deleted. 12. Ability of City to supply domestic water: It appears, with the addition of Well No.18 in the Summerfield Subdivision, that supply of water to this subdivision site will not be a problem. Preliminary analysis has been complete. Final analysis is needed with actual water line flow availability at Summerfield Subdivision. 13. Requested waiver from the present ordinance requirement of double sewer and water assessment fees (connection fees). City Attorney Bill Gigray has prepared, and submitted to me for comments, a draft proposal for amendment of the existing city ordinance requiring a double connection fee for service outside the city corporate limits. I have reviewed this draft proposal and returned my comments to Bill. I am in agreement with the basic concept of the draft and have proposed a couple of changes, relating primarily to developing a process for us to collect the assessment fees and for us to collect fees and provide inspections for the water and sewer service connections. Presently I believe the State of Idaho Department of Building and Industrial Services inspects sewer and water systems outside the boundaries of a city. In this case, I think it is appropriate to require city inspection staff to make these inspections since the supply and collection systems will belong to the City of Meridian. I would propose that the applicant make contact with the state to see how this can be structured for city purposes. Apart of the agreement that the developer will enter into with the city for this service outside the city limits will include a provision agreeing to future annexation when the subdivided area is contiguous to city limits. I propose that a note be added to the final plat that so states so lot buyers will be aware of this requirement 14. Reimbursement Agreement for sewer and water line extensions that will serve other properties: Developer response is appropriate and in conformance with the city ordinance for reimbursement of costs to extend sewer and water Lines that serve property other than what the applicant is developing. The developer must submit a written request to the City Council for approval to enter into aLate-comer Agreement with the city. If this request is approved, the developer will then submit documented exhibits of all costs incurred to construct the system(s). 15. Definition of Assessment fees: Assessment fee reference in this item is synonymous with "connection" fee for sewer and water service. Since the City of Meridian will not be issuing building permits a procedure will need to be established for the City to collect the sewer and water assessment fees. Atso, a procedure will need to be established wherein the City of Meridian sewer and water inspectors conduct the inspection of the service connections. A coordination effort will be needed between Ada County Building Department, Ada County Highway District and the City of Meridian for issuance of building permits and collection of permit fees. We are breaking new ground here, so to speak, and I think the developer should play a lead role in organizing this coordinating effort. EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL - 6 OF 9 OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 ~,:: ~ ~~~ ..z. r ~,.:: . `'} .', ry ;~~'•, `: ..,, ,~ :::.i t•,' 'e.:,~ -,-;:• ~. y i f °~'',' - .,~,; ~: ~,.~ =~ •r `; yr• _~;x{ _~ . ;~. ,.,, :'J .l •~1 '~ 4_'t i1 r.. `• .i., i .,.. t . -~;;~ ~.,. ~~r.; r~;,;.., :t: :; ;:;~ ,,; . •~ r ~~ ~?; '•~•~~` ~ .t~; ~ ;•> . _~:, ~, '`•"a~;~ • •~~ . . •:~;~ ,, ~..; ..~.~, ~,.••; ~, . ~.~; ,';kr; `..' ,~ L~Y;: .'' ~:. • .; `, ;.~-,; ~;;;~.i ~~•a ., ~ ~~~ .i.t .:~ September 20, 1999 Meridian City Council 33 East Idaho Meridian, ID 83642 Via Fax: 887-4813 • Sk line YORPORA7ION ~~' ~K:~~ as ~ a 3.. ~EC E i~/E~ - ~- ~ , Cite vi ,lieridian City Clerk Office RE: Response to staff comments for Vienna Woods Sub's. No. l and No. 2, Final plats Dear Mayor and Council: I am writing to respond to staffs comments. In the second paragraph of staff s memo, staff indicates that "only a cursory review" has been conducted, and that these plats should be "tabled until such time as the applicant provides final construction drawings for all [off-site] improvements." Unfortunately, the staff.members who wrote the report have not been involved in the many meetings we have had with Gary Smith and Bill Gigray. We have discussed with Gary Smith our desire to proceed with the processing of the final plats as well as on•site construction of the improvements at our own risk since the engineering for the off-site improvements has not yet been finalized. I have reconfirmed this understanding with Mr. Smith just today. We mutually agree that there presently does not' appear to be any significant nor insurmountable obstacles far the off-site improvements. In addition, the County will not take any action on these final plats until the City approves the final plat. Time is offthe essence. Therefore, I request that these final plats not be tabled, but be approved with the modified stall' conditions I will present herein. In addition, the language of "only a cursory review" needs to be clarified as relevant for only the off-site water and sewer facilities, and possibly, the grade and/or sizing of the "trunk" sewer line in phase 1. All other on-site facilities should not be subject to additional review after this final plat hearing. General Requirements Only the following item needs to be addressed: I would prefer that the street name ofMendelson be allowed instead of requiring a Boise street name, Comisky, to be part ofphase 1. Mendelson and Comisky do align, but will never directly connect, and both streets will be in different jurisdictions and served by different zip codes. EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL - 7 OF 9 OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 10464 GARVeRDAC,E Cr., SU('rE 710 • ... ___ _. Boise, loAHO 83704 ._~-_^ . ~'t... .~_ .~ ~;. E.3',s .fir , We have designed the storm system to ACI-ID's drainage standards. ~: Again, we will be bonding for the installation of perimeter fencing. We request approval to allow the bonding to facilitate the issuance of building permits. Furthermore, we are presently planning to build amasonry-type walUfence on the back side of the Locust Grove fence. This type offence structure is more labor intensive to construct and will likely take more time than a typical fence. We request that a temporary "construction" type fence be allowed to satisfy the fencing requirement here for building permits to be issued. ~,~..,-, ti.~ l ,~•~. s~-::'.i :~•;: T,:: ,,x.r .;~ ;~i. %?~ • Site Specific Requirements l . I believe that Meridian's Area of Impact Agreement with the County specifies that projects like this one are only subject to Meridian's Subdivision Ordinance. These two phases fully comply with the approved preliminary plat. ' 2. Ok 4. We will be banding for pressurized irrigation, drainage (with ACHD), fencing, and landscaping. We request the ability for the builders to obtain building permits based on our bonding and prior to any or all of these improvements being completed as installation of these improvements can be delayed due to seasonal issues. 6. Please recheck the plat. Lot 2 of Block 3, Phase 1 has 89.70' of frontage. 7. The 12' landscape and utility easement on the lots adjacent to Locust Grove is to legally allow the berm, or parts thereof, to encroach into the lots. Typically, we will set the fence into the buffer lot about 4' to 6' and allow the lot owner to use the area behind the fence as part of their back yard. )n exchange, the back 2' to 4' of their lot may be a part of the berm's slope. g. Arrows indicating the lot backs are shown on the attached modified plats. 9. The requested notes 7 and 8 have been added to the final plat for Phase 1. The requested note 8 is a zoning issue and Ada County does not require such language. For clarification, per the Meridian Area of Impact Agreement with Ada County, Ada County has jurisdiction for zoning regulations, Meridian has jurisdiction for Compreliet~sive Plan issues, and the two authorities both have jurisdiction with respect to Subdivision ordinance issues. 10. Tl~e alignment of the sewer trunk, gravity irrigation and storm drain lines can be worked out with staff. 11. The requested note 7 has been added to the final plat for Phase 2. Again, Ada County does not require a note relative to minimum house size. EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL - 8 OF 9 OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 ~ ,:, Vic; ~'' ~3i ~ ,~~ .... . ~;~;, a. .~-'• :~... ~ ~~, u :° -y_'t ,~:~ ~' :, 12. Please redirect your comment to the County Engineer and his interpretation of Idaho Code. 13. These plats are io be subject to the revised Meridian City Ordinance regarding connection fees. We request a waver and/or variance from this current ordinance. 14. We request that the City enter into a Reimbursement Agreement as has been discussed in our meetings with staff. The extension of water and sewer facilities will allow others, at some future time, to connect to the City's services and this project should not be required to bare the full burden of the off site improvement costs. Should any party connect to or utilize any portion of the water andlor sewer facilities installed by the developers of Vienna Woods, such connecting parry should be required to reimburse the installer a proportionate share of the cost plus interest. 15. The staff report referred to "assessment fees" being paid by persons seeking to connect to the City's services. Please define the term "assessment fees." These fees should be limited to the services the City will be providing, namely sewer and domestic water. `r_-~• ,' r"l, ~;: ~: .,t ..' . :~,..; .:~;j • 16. Ok Thank you for your timely and favorable consideration. Sincerely, Tucke .Johnson VP Cc. P&Z Dept., Shari Stiles, fax 887-1297 JoAnn Butler, fax 388-1001 EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL - 9 OF 9 OF FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 `~° 21 ' 99 12 ~ 32 Meridian City Council Meeting October 5, 1999 Page 69 Stiles: No. Corrie: (inaudible) Bird: We'd have to go to the November 3~d meeting? Corrie: We have to go to November 3~d, yeah. Bird: Okay. Mr. Mayor. Corrie: Mr. Bird. C~ Bird: I move that we reconsider for public testimony on November 3~d, the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC south of Los Alamitos Park and north of Sherbrooke Hol{ows and for the advertisement of the public hearing be put forward. Anderson: I'll second it. Corrie: Okay. Motion was made and seconded that we reconsider for public hearing on November the 3~d for the request for preliminary plat for Tarawood Subdivision by Michelangelo Investments, LLC for the November 3~d hearing. Further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES Corrie: Mr. Clerk, if you'll do that, notice that one. All right. Okay. 22. TABLED 9/21/99: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 1 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: 23. TABLED 9/21199: REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 2 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: Corrie: Okay. Now we go back to 22. Gary (inaudible) to continue with this explanation on 22. Okay. Gary, go ahead. Smith: Thank you, Mr. Mayor, Council members. The applicant had responded to your staff review comments that were previously made, and the applicant had sorne questions and concerns about some of those comments, some of the staff commen#s. I submitted to you today a memorandum that I had written on October 4th addressing the • • Meridian City Council Meeting October 5, 1999 Page 70 applicant's concerns. There was one general requirement that he had a concern about and that had to do with the question on the street name. I believe Councilman Anderson addressed that at the last Council meeting that the extension of the Kamisky (sic) street name should continue through this subdivision because of its alignment with an existing street name to the east. Site-specific comments I've listed by number as the staff had previously addressed in their review. If you want me to go through each one of these, I will. If you have any questions, I'd be happy to try and answer those. questions. I would suspect that the, maybe the major item of discussion might be Item No. 13 which is their requested waiver from our present ordinance requirement of a double sewer and water assessment fee because this subdivision is outside the corporate limits of the City of Meridian. Bill Gigray has drafted and submitted to me a proposed change in that portion of the ordinance, and that proposed change does eliminate the double-connection fee for sewer and water. It has within it, and you're not - I don't believe you're privileged to that proposed draft - it has within it some ether items, requirements for servicing -providing service to a subdivision outside the city limits. One of those provisions is that the developer enter into an agreement requesting this service, and that agreement has not been prepared yet, so I don't know exactly what the contents of that agreement would be, and I just this evening made the applicant and his attorney aware of the draft that was submitted to me by Mr. Gigray. Approval of the subdivision, if you so desire to make that this evening, I would assume these would be conditioned upon the waiver of the - if that's the right word, of the present ordinance requirement for the double sewer and water fee assessment, but I think that waiver needs to be conditioned upon the entering into of an agreement between the City of Meridian and the applicant for the service, and I'm not sure how the applicant or his attorney will react to that because it's kind of open-ended at this point. l don't know what that agreement's going to be. But I think that the staff, I feel pretty comfortable that staff can work that out, and, of course, if we can't, we'd have to bring it back to you with problems if there are problems. I guess I'd leave it at that. If you have any questions, I'd be happy to try and answer them. Corrie: Council, questions of Gary on this one? Bird: I have none. Smith: Again, I -it's going to take some coordination between the different entities, Ada County Highway District, Ada County itself, the - I'm not sure what they call themselves, Development Services, I guess, where they issue the building permits, and the City of Meridian as far as payment of fees is concerned, and I think that the developer has just given me a real short proposal tonight of what that procedure could look like, and l would - my proposal was to leave it up to the developer to make that proposal to us in a formal manner so that, and I think what he proposed to me tonight is very workable and would solve the problem of coordinating it, make sure that everybody is aware of what is going on, all the fees are paid, everybody's aware that the fees are paid so that we can • Meridian Ciry Council Meeting October 5, 1999 Page 71 proceed with it because there are different entities involved now, rather than just the city collecting the fees. Corrie: Definitely new ground here. Smith: Yes, sir. Corrie: Any other comments, questions? Hearing none, I'll work on a new motion for the final plat if (inaudible). Bentley: Are you doing the final plat for one and two separately or together? Are the same conditions applying to both? Corrie: I think they are. Bentley: We can do them together. Corrie: So you can do 22 and 23 together here. Bentley: Are we ready to dance? Corrie: Hearing no further comments, we are. Bentley: Mr. Mayor. Corrie: Mr. Bentley. Bentley: And, Gary, you help me if I get this wrong. I move we approve the final plats for Vienna Woods Subdivision No. 1 and No. 2 by Skyline Development subject to staff conditions and the condition that the developer enter into an agreement with the City over the fees. Smith: Mr. Mayor, Councilman Bentley, could we also include the clarifications that have set forth in this October 4th memorandum? Bentley: And include in there the clarifications by City Engineer Smith in his October 4tn letter. We got everything? Smith: Thank you. Bentley: He said that's it. Anderson: Second. Meridian City Council Meeting October 5, 1999 Page 72 Corrie: Okay. I sure hope that's on tape because I don't think I'm going to be able to repeat it. Motion made by Mr. Bentley, seconded by Mr. Anderson to approve the request for final plat of Vienna Woods Subdivision No. 1 and No. 2 and incorporating the agreement for services and incorporate the comments by Engineer Gary Srnith in his letter of October 4th to the Council. Any other discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES 24. REQUEST FOR CONDITIONAL USE PERMIT TO ADD ON AN ATTACHED 2 CAR GARAGE AND 1 BAY CARPORT (BOAT STORAGE) AND REMOVE OR RELOCATE EXISTING SMALL DETACHED GARAGE BY MEL AND DEBT LACY - 1414 N. MERIDIAN ROAD: Corrie: Okay. Item No. 24 is a request for a conditional use permit to add on an attached two-car garage and one bay carport (boat storage) and remove or re-ocate existing small detached garage by Mel and Debi Lacy, 1414 North Meridian Road. Council, have any questions of staff or staff have any comments on this request? Shari? Stiles: Mr. Mayor and Council, just would like to note our memo of September 13, 1999 and if this is approved that those comments be incorporated in the findings. Corrie: I think we have a -isn't this a grandfather rights, Shari? Oh. Yes. It is. Bird: Mr. Mayor. Corrie: Mr. Bird. Bird: Shari, you've seen their reply from today, haven't you? Stiles: From today? Bird: Yeah. 10/5/99, received October 5th City Clerk from Mel and Debi Lacy. Have you got it, Shari? Stiles: Yes. I was just reading it. It sounds like they intend to comply with our comments. Bird: The only thing, No. 4 was on the sewer. I guess they're going to be willing and agree on that, too. *** End of Tape 4 *** • • MERIDIAN CITY COUNCIL MEETING: SEPTE ER 21 1989 APPLICANT: SKYLINE DEVELOPMENT COMPANY AGENDA ITEM NUMBER: 22 REQUEST• FIN~-t. PLAT FOR VIENNA WOODS SUBDMSION #1 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: COMMENTS SEE ATTACHEd COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS, j~~ , c~ I . U IDAHO POWER: US WEST: INTERMOUNTAIN GAS: 'C1 BUREAU OF RECLAMATION: OTHER: Ail Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD MEMORANDUM: 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 September 17, 1999 To: Mayor and City Council From: Bruce Freckleton, Assistant to City En ineer ' Shari Stiles, P&Z Administrator Re: Requests for Final Plats for Vienna Woods Subdivisions Nos. 1 and 2 - 37 Single- family Lots on 12.67 Acres and 40 Single-family Lots on 17.60 Acres, Respectively, by Skyline Development Company These final plats constitute a portion of an 80-acre development within Ada County. As part of the City's negotiations with Ada County over the Meridian Impact Area, City Council agreed to provide services to this property. The applicant is proposing to build a lift station and approximately one mile of temporary sewer line in Locust Grove to connect to the City's sewer system near Summerfield Subdivision. We have performed only a cursory review at this time; off-site improvements and design of the future interceptor line within the subdivision has not been provided. Due to the fact that changes may be needed once design of the sewer system has been determined, staff recommends that this item be tabled until such time as the applicant provides final construction drawings for all improvements. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be piped per City Ordinance 11-9-605.M. 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. Wells may be used for non- domestic purposes such as landscape irrigation. HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN Vi~naWoads18c2.FP FP-99-026 FP-99-027 • Mayor, Council and P&Z September 17, 1999 Page 2 3. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 4. Make corrections necessary to conform to the final letter from the Ada County Street Name Committee. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Sewer and water mains shall be extended to and through the 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. 7. Two-hundred-fifty- and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 8. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 9. Respond, in writing, to the each of the comments contained in this memorandum by 5:00 p.m. of the Monday prior to the scheduled hearing by the Meridian City Council. Submit three copies of the revised final plat map to the Public Works Department. SITE SPECIFIC REQUIREMENTS 1. Applicant is to meet all terms of the approved preliminary plat and City Ordinances. 2. If the pressurized irrigation system within this development is to remain a private homeowners association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. T'he City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the culinary water system shall be required, and the common areas within the development will be a subject to water assessments. 3. The design of drainage areas shall ensure that water is retained only during major storm events for a maximum 24-hour period. 4. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, fencing installed, and road base approved by the Ada County Highway District prior to any building permits being issued. Landscaping and pathways shall be constructed prior to obtaining vw~i~z.~r n~99-ooz rr-9s-ooa • Mayor, Council and P&Z September 17, 1999 Page 3 certificates of occupancy. Although building permits will be issued by Ada County, these elements shall still be met as a condition of approval of the final plat. 5. Applicant shall be responsible to construct asix-foot-high, permanent perimeter fence along property boundary, except where the City has expressly agreed, in writing, that such fencing is not necessary. Said fencing shall be installed across the ends of the future stub streets. Fencing is to be in place prior to applying for building permits. 6. Lot 2, Block 3, of Vienna Woods Subdivision does not meet the minimum 80-foot frontage requirement. Revise plat to comply. 7. Clarify the intent of the 12' landscape and utility easement on lots adjacent to Locust Grove Road. 8. By arrow, designate rear of lot for Lots 6, 15 and 16, Block 3; Lot 21 of Block 2, Vienna Woods Subdivision; and Lots 1, 4, 5 and 8, Block 6; Lot 2, Block 5; Lot 17, Block 5; and Lots 1 and 11, Block 7, of Vienna Woods Subdivision No. 2. This is necessary due to the dedication of easements with a note. 9. .Revise or add the following notes for Vienna Woods Subdivision: (7.) (Add statement that Lot 11, Block 2, is also subject to a blanket easement to the City of Meridian for access to the sewer lift station.) (8.) All lots within this subdivision are designated for single-family dwellings only. (9.) Minimum square footage of houses is 1,400 square feet, exclusive of garage. 10. Staff is concerned about Note No. 4 of Vienna Woods Subdivision. If the lot is to serve as a passageway for the City's sewer trunk line, the City will need an easement unencumbered by other utilities or drainage. 11. Revise or add the following notes for Vienna Woods Subdivision No. 2: (7.) All lots within this subdivision are designated for single-family dwellings only. (8.) Minimum square footage of houses is 1,400 square feet, exclusive of garage. 12. Remove the City of Meridian from the reference to domestic water service origin noted in the Certificate of Owners. 13. Applicant has requested in its cover letter a waiver of our connection fee ordinance that imposes a double hook-up fee. Staff recommends that this request be denied due to the fact that extensive additional stafftime is required to accommodate this project. 14. Applicant also states in cover letter that all of their off-site costs will be subject to a late- comers agreement. This is a decision the City Council will have to make. v~w~~tz.Fr n~~-ooa rP-~-ooa • Mayor, Council and P&Z September 17, 1999 Page 4 15. Application for sewer and water will need to be processed through the Public Works Department for each building lot. Assessment fees will be collected at that time. The City of Meridian will require inspections of service line connections. 16. As no agreement has been reached with Ada County, the City will not be able to collect park impact fees for this subdivision. vwo~i~z.Fe nz~-ooz rr-~-ooa Mayor ROBERT D. CORRIE City Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 283-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 88d-5533 • Faz 887-1297 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: 9-14-99 TRANSMITTAL DATE: 8-24-99 HEARING DATE: 9-21-99 FILE NUMBER: FP-99-026 REQUEST: FINAL PLAT FOR VIENNA WOODS SUBDIVISION #1 BY: SKYLINE DEVELOPMENT COMPANY LOCATION OF PROPERTY OR PROJECT: 5400 N. LOCUST GROVE RD. _ TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 SANITARY SERVICE BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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) HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN Mayor ROBERT D. CORRIE City Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KETTH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN 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: 9-14-99 TRANSMITTAL DATE: 8-24-99 HEARING DATE: 9-21-99 FILE NUMBER: FP-99-026 REQUEST: FINAL PLAT FOR VIENNA WOODS SUBDIVISION #1 BY: SKYLINE DEVELOPMENT COMPANY LOCATION OF PROPERTY OR PROJECT: 5400 N. LOCUST GROVE RD. _ TAMMY DE WEERD P/Z KENT BROWN, P/Z THOMAS BARBEIRO, P/Z RICHARD HATCHER, 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 SANITARY SERVICE BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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 (ANNEXAT11ION) (~ ~'/ YOUR CONCISE REMARKS: ~ t7'~~` / / LL LO r~ w~- o.-v' L O W ~ I ( /U .1~~cS~ fv ~ K..Q n~ [..2 ai ~ 7-r ~ S ~ A.y 7 c-v.e.~ ~? S. A~~ Co~~v s. wa-fg~ r.~r~n. ~.~, /-1ur4r~-,~ts w%c-c. 5 Ir..e s,'~.v N~~a~ -7`0 3~ .~~st.~-c.L~c9 %~~~or- ~~~. Ma r ROBERT D. O IE City Council e rs CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Fax (208) 888-4218 LEGAL DEPARTMENT (208)_'38-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208)837-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208)884-5533 • Faz 887-1297 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN 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: 9-14-99 TRANSMITTAL DATE: 8-24-99 HEARING DATE: 9-21-99 FILE NUMBER: FP-99-026 REQUEST: FINAL PLAT FOR VIENNA WOODS SUBDIVISION #1 BY: SKYLINE DEVELOPMENT COMPANY LOCATION OF PROPERTY OR PROJECT: 5400 N. LOCUST GROVE RD. _ TAMMY DE WEERD P/Z -KENT BROWN, P/Z -THOMAS BARBEIRO, P/Z -RICHARD HATCHER, 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 -SANITARY SERVICE BUILDING DEPARTMENT -FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER -CITY PLANNER 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) a~~r<. ;` ~ AUG 3 0 1999 ,~` a ~- T~ i~d _. Fi: r_ <. HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN ~-~~ -e-. AUG 2 ;~, '1~~9 Meridian City Water Superin#endetjt YOUR CONCISE REMARKS:T p ~l~,q-/'~~~_ 08/27/1999 10:10 Mayor R06ERT D. CORRIE City Council Members CHARLES ROUNTRfiE GLENN BENTLEY RON ANDERSON xErrH BrRD 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 358-433 • Fax (20S) 887-4813 City Clerk Fa.x(20S)388-4213 TtLANSNIITTAL TO AGENCIES FOR COMMENTS WITS TIIE C1[TX OF ME: To insure that your comments and recommendations will City Council, please submit your comments and recomm Attn: Wi11 Berg, City Clerk by: 9-14-99 TRANSMITTAL DATE: 5-24-99 HEARING DA FILE NUMBER: F REQUEST: BY: FO PAGE 03 LEGAL DHP.ART~tE~'r (3US)_SR•3d99 •fax =6S•~Sot P~ELIC ~~ORKS BUILDING DEPART~.IENT (208)857.3311• Fix SS7.1.9% PLANNING r\rD ZO`I`G DEPARTMENT (20S)8Sa-5533• Fuz SS7.1.9. AEVEI,OPMENT PROJECTS considered by the Meridian dations to Meridian City Hall, 9-21-99 C LOCATION OF PROPERTY OR PROJECT: _ TAMMY DE WEERD P/Z KENT BROWN, P/Z -THOMAS BARBEIRO, P/Z wRICHARD HATCHER, P/Z _KEITH 80RUP, P/Z -ROBERT CORRIE, MAYOR _RON ANDERSON, C/C -CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C -GLENN BENTLEY, C/C "WATER DEPARTMENT SEWER OEPARTMENT SANITARY SERVICE BUILDING DEPARTMENT `FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER ,-CITY PLANNER AUG 2 7 1999 AUG 2? '99 101? 2088885052 SANITARY SERVICE _. - KUB OF TREASURE VALLEY A Oood Place co Live CITY" OF TVIERID A MERIDIANS HOOL DISTRICT MERIDIAN P ST OFFICE(PRELIM & FINAL PLAT) ADA COON HIGHWAY DISTRICT ADA PLANNI G ASSOCIATION CENTRAL Dl TRICT HEALTH NAMPA MER OIAN IRRIGATION DISTRICT SETTLERS I RIGATION DISTRICT IDAHO POW R CO.(PRELIM 2~ FINAL PLAT) U.S. WEST( ELIM ~ FINAL PLAT) INTERMOUN AIN GAS(PRELIM & FINAL PLAT) BUREAU O RECLAMATION(PRELIM & FINAL) ---,,,IDAHO TRA .SPORTATION DEPARTMENT ADA COON Y (ANNEXATION) YOUR CONCISE R 2088885052 PAGE.03 i ~ fkeporing /~G` • `/r ~ Today's ~ O Students for ~ Tomorrow's Challenges. O~• c~~ SUPERINTENDENT Christine H. Donnell • oint School District No. 2 J 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 L - August 26, 1999 SEP - 1 1999 ~' ~ _ .. _ - City of Meridian School District 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: Vienna Woods Subdivision No. 1 & No. 2 Elementary School: Pioneer Elementary School Middle School: Eagle Middle School High School: Eagle High School Comments and/or Recommendations: Pioneer Elementary School is over capacity. Eagle 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 at capacity. We can predict that these homes, when completed, will house thirteen (13) elementary aged children, nine (9) middle school aged children, and eight (8) senior high aged students. Even though, we are in a difficult position and need your help in dealing with the impact of growth on schools, we will approve this development. Sincerely, ~ti~~~~~ ~~~~ Jim Carberry, Administrator of Support Services ADA~OUNTY EVALUATION ~EET SCENE R D S EP - 9 1999 Proposed Development Name Venna Woods #1 File # RIDIAN Date Reviewed 8/31/99 Preliminary Stage Final XXX Engineer/peveloper Skyline Corv.. Tucker Johnson The Street name.comments listed below are made by xhe 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 street name exists and shall appear on the slat: "N. LOCUST GROVE" The name 'E. STRAUSS" is approved. (Please note the East directionaD. However. the road does not appear to meet the requirements of `Boulevard" and shall be desicnated as 'Drive". ."MENDELSON STREET" is in alignment with "E. COMISKY STREET" and shall carry that name. (Please note the East directional) "N. BACH PLACE" is approved and the name shall appear on the plat. "N. BEETHOVEN AVENUE" is approved and the name shall appear on the plat. "N. CHOPIN PLACE" is approved and the name shall appear on the plat. "N. SCHUBERT AVENUE" is approved and-the name shall appear on the plat. 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 COMMI~EE, AGEN¢'1~1tEPRESENTATNES OR DESIGNEES / ~ ~ Ada County Engineer John Priester Date ~-Z~9f Ada Planning Assoc. Sue Hansen Date City of Meridian (Impact) Representatives `'~., - - - Date 9 ' ~ ~ g ~ Meridian Fire District Representative ~~..y ate 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.llll Sub Index Street Index Section NUMBERING OF LOTS AND BLOCKS O ~,~9s TRISUBSISM CITY.FRM CENTRAL C •• DISTRICT ~RHEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPARTMENT Environmental Health Division -,r~~,~ ~; T A~ _, ~~ ' AUG 2 7 1999 ConditionalUse# C~~`~'~'-~ ~~~`~'m~~~=~k~. Preliminary in /Short Plat ,~=/~ S9 ~ 002 I/r~.v~a carbvs SuQ *~l Return to: ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ Acz ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 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 ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 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 ~]' central water I ~( 10. Run-off is not to create a mosquito breeding problem. J^~ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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 ^ 14. f~tas,r~ seer ~ f!~ ~~ ~~ w.~Tr~.- ~~'~ate: _~/ ~ZC /~ ~~~~r e^eo ~..-~ -x~~ ,a~:'o.~-C Reviewed By: Review Sheet CDHD 10/91 r~, rev. 7/91 CENTR.-~l ~1 OI~TRICT~~ • - ,~ ~' H EA ~ .'V T . c -ie -e, r< ~~; i ~ I~ a1;^~.:a•_~ .ca . _•s_I i . -x !:-•a~cc O E P A R T, E ,1,1.11 V F, ~ .V .~ P.I<_ Gr G ~! EC Sc. ' l' ) ru prrrtrrc aru( trea[ di~east and di~abiliry; to prunwtt Irtaltlrv !i/asry(es; acrd to protuCt acrd prromute tlrt lreult/t arrd quality u% urv trrvtrorurrurt. STORl~tti'~~ATER itii.~vAGEitiIENT RECOI~~lvIENDATIOiYS 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 storrnwater 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 ylanagement Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 2) Stormwater Best 1~tanagenient Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Stortnwatt:r /93:d1y Serv:rt; Va!ley, Elmore, Boise, artd ,-ode Courtdes ACC /Boise County Ottica Elmore County 0litce ACc•WIC Setallite Offtca `/ctley CounC/ Ot tCe 1CJ N. I;r Sneer 74i ~`L .~tm;tCn6 ?I. I@%6 RCt:er, :_C c. am i"eer ~V. ~tcunrc.n ~c•^s. ~e a:Eai ?.O. acx tc~:3 sc~:z. ~o aJ;Ca 3one. ~C a:i;7 : - nvir ec uc_ryt:.o. sJC..a ~nvrt;. H4CtT: J27•i x'44 ~ Ch. JJs•J -J: - F:mih/ ^gCt7•::ai •_Ci ih. ~J~•i (Cd P,TayP!cnr':n~:32i-7:tCC 2? A;t.J3.t•3... `~vtC.ra7-:cC9 F.;x:C.:C•2fid inr..unrtc:rcrs::27•T,tgC y?r:cr ,`turnr~cn: 727.7rtM . ~ PA;t::a7•J521 vn~ 227.71? • • ~~~~ ~ ~ ~ ~lj1 ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 August 27, 1999 Wilt Berg, Gty Clerk SEP - 1 1999 City ~ Meridian 33 Fist Idaho - Meridian, ID 83642 Re: FP-99-026 Final Plat for Vienna Woods Subdivision No. i Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District has no comment on the above-referenced application as it is out of our District. Sincerely, ~~~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT t3H: dln Cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PR0IECT RIGHTS - 40,000 • September 20, 1999 Meridian City Council 33 East Idaho Meridian, ID 83642 Via Fax: 887-4813 Sly line YORPORATION ~~~~vi~ D SEP 21 1999. ~`ity iaf Meridian City clerk Aftice RE: Response to staff comments for Vienna Woods Sub's. No. l and No. 2, Final plats Dear Mayor and Council: I am writing to respond to staff s comments. In the second paragraph of staffs memo, staff indicates that "only a cursory review" has been conducted, and that these plats should be "tabled until such time as the applicant provides f nal construction drawings for all [off-site) improvements." Unfortunately, the staff.members who wrote the report have not been involved in the many meetings we have had with Gary Smith and Bill Gigray, We have discussed with Gary Smith our desire to proceed with the processing of the final plats as well as on-site construction ofthe improvements at our own risk since the' engineering for the ofl±site improvements has not yet been finalised. I have reconfirmed this understanding with Mr. Smith just today. We mutually agree that there presently does not' appear to be any significant nor insurmountable obstacles for the off-site improvements. In addition, the County will not take any action on these final plats until the City approves the final plat. Time is offthe essence. Therefore, I request that these final plats not be tabled, but be approved with the modified staff conditions I will present herein. In addition, the language of "only a cursory review" needs to be clarified as relevant for only the off-site water and sewer facilities, and possibly;the grade and/or sizing of the "trunk" sewer line in phase 1. A11 other on-site facilities should not be subject to additional review after this final plat hearing. _ General Requirements Only the following item needs to be addressed: 1 • I would prefer that the street name ofMendelson be allowed instead of requiring a Boise street name, Comisky, to be part ofphase 1. Mendelson and Comisky do align, but will never directly connect, and both streets will be indifferent jurisdictions and served by different zip codes. 10464 GARVERDALE C7'., SUITE 710 • BOISE: IDAHO 83704 • 208 7 P. 0: •~•--- -~ ( ) 3 7-4104 • Fax f208i 376-6908 •SEP 21 '99 s~:~c- 2083766908 `,~ ~ i a tj ,r, R- ~ . .4 u;.. u ,,: Site S»eeific Requirements ~~ '` 1. I believe that Meridian's Area of Im act ~;~ ~ p Ageement with the County specifies that' k• _ projects like this one are only subject to Meridian's Subdivision Ordinance. These two phases fully com 1 with the roved reli in ' P Y aPP P m ary Plat. ~ - ~~~ 2. Ok 3. We have designed the storm system to ACfID's drainage standards. S ~: '} - t - rs. ' ~ ` 4. We will be bonding for pressurized irrigation, drainage (with ACRD) fencing, ands , ~ i '~ ~ landscaping. We request the ability for the builders to obtain building permits based on _t~,_ our bonding and prior to any or all of these improvements being completed as installation ' ;, Y :; of these improvements can be delayed due to seasonal issues. S °~ - ~-~ 5. Again, we will be bonding for the installation of perimeter fencing. We.request approval t ll h b _ o a ow t e onding to facilitate the issuance of building permits. Furthermore, we are ~. ~ presently planning to build amasonry-type walVfence on the back side of the Locust ' ~~ ' Grove fence. This type offence structure is more labor intensive to construct and will ;' ~ likely take more time than a typical fence. We request that a temporary "construction" ~~; ~: type fence be allowed to satis the fencin re uirement here for buildin fY g q $ permits to be z 'a , issued. ~ ,. ;~ 6. Please recheck the plat. Lot 2 ofBlock 3, Phase 1 has 89.70' of frontage. . t k ~ 7. The 12' landscape and utility easement on the lots adjacent to Locust Grove is to legally '~< allow the berm, or parts thereof to encroach into the lots. Typically, we will set the - =-.,, ~` fence into the buffer lot about 4' to 6' and allow the lot owner to use the. area behind the fence as part of their back yard. In exchange, the back 2' to 4' of their lot may be a part ;: ~ _4, of the bean's slope. 8. Arrows indicating the lot backs are shown on the attached modified plats. ,~ ~; ;~ .~~~ 9. The requested notes 7 and 8 have been added to the final lat for Phase 1. The r P equested ~~ ~': ~_: note 8 is a zoning issue and Ada County does not require such language. For ~~~'; ;,~' clazification, per the Meridian Area of Impact Agreement with Ada County, Ada County ~`` ;~ ~~~ ~ has jurisdiction for caning regulations, Meridian has jurisdiction for Comprehensive Plan r~ issues, and the two authorities both have jurisdiction with respect to Subdivision .~~,~ ~ ordinance issues. ,~ ' ~ ~ ~ 10. The alignment of the sewer trunk, gravity irrigation and storm drain lines can be worked out wi '~~ ~ th staff. "~~ ~' 11. The requested note 7 has been a ,. ~,;, .:r' dded to the final plat for Phase 2. Again, Ada County ;.~f ~~'~ 4 does not require a note relative to minimum house size. .~ : ~ ;~~~ - ~~~~-~ :ft, -~~t : - ~; t~ ~~ ~ 4`'SY i'a +.}j`~ i '/,'9f ~ .`]1..~ .... P . 0. • • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 65 Rountree: Mr. Bentley. Bentley: I move we approve the final plat for Tremont Place Subdivision No.1 and No. 2 by Larry Hansen and Luna Vista, Inc. subject to staff conditions. Rountree: It's been moved and seconded to approve the final plat foc Tremont Place Sub No. 1 subject to staff conditions. Any discussion? All those in favor? MOTION CARRIED: ALL AYES 22. REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION NO. 1 BY SKYLINE DEVELOPMENT COMPANY - 5400 N. LOCUST GROVE ROAD: (TABLE UNTIL 10/5/99) 23. REQUEST FOR FINAL PLAT FOR VIENNA WOODS SUBDIVISION N0.2 BY SKYLINE DEVELOPMENT COMPANY -5400 N. LOCUST GROVE ROAD: (TABLE UNTIL 1015!99) Rountree: Next item, Item 22, request for final plat for Vienna Woods Sub No. 1 by Skyline Development Company. Stites: Mr. President, Council, this is the infamous Peterson property. The 80 acres that is just a half mile south of Chinden on Locust Grove. Infamous. It is in the county; they are required by state code to comply with our zoning and subdivision ordinance; they have designed the project to meet our R-4 standards. One item of concern is that we still don't have off-site drawings for any of the sewer and water improvements. And that is reflected in our comments. Summe~eld Subdivision is approximately one mite south on Locust Grove and that's where there's an existing well. The initial proposal was that they wouldn't hook up to city water, but they have since worked out with Gary that they will be required to hook up to city water and will need to extend services to do that. AU of this area here, Boise area of impact, follows this line. This is all being developed as an R-1 B, which I think probably equates more to an R-8 in our zoning ordinance. This is where the city park, Boise City Park is. They have submitted final plats for No. 1 and 2 which would be this many units, the units -the lots are large compared to most of our R-4 developments. They would propose to have a lift station, is it this location? on the southern boundary. Those details have not been worked out yet. They will also be required to extend the trunk line for the city's sewer system within the development. Any questions? Rountree: Questions of Shari? Bird: I have none. • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 66 Rountree: Okay. The applicant want to present? Okay. Johnson: Pleasure. My name is Tucker Johnson, I represent Skyline Development. Address is 10464 Garverdale Court in Boise. This is the final plat for both the first and second phase. What is currently presented there is the first phase, just so you're aware. We have responded in writing to staff's recommendations. We have been working in some detail, and numerous occasions with staff, specifically Gary and their legal counsel, Mr. Gigray, relative to several different issues. Some of them are more legalistic than I have the expertise, so therefore, (inaudible) address some of those items. But we are asking for final plat approval this evening. We have submitted the -- thankyou, Shari. That's the second phase. We have submitted the construction drawings for the sewer and water on site for both of these phases. The off-site facilities we have been working with staff extensively, as I said, in determining the proper location for what, in our discussions, we have called amini-regional type location for this lift station. So the City would eventually have to have multiple lift stations was the intent, or is the intent, if I'm not to paraphrase Gary. So we've been working on that, and we believe through engineering calculations and analysis, that we have found a suitable location which is the southwest corner, as Shari pointed out there, on Phase I. The analysis has been conducted and Gary and staff are asking JUB, your master sewer plan analysis - contractor to analyze what we've come up with to make sure that conforms with what they've previously concluded. I don't believe they've concluded their study yet, but from our discussions it's been favorable in terms of it looks like it could be workable. Obviously, we can't get any homes occupied until the facilities are operational. We will be extending the water line and the sewer line from just north of Summe~eld Subdivision where the new - I'm not sure the correct term, but I'll call it a vo-tech high school or school - Bentley: Charter school. Johnson: -- thank you - is being **" End of Tape 2, Side 2 *"* Johnson: -- being built, so we will be connecting at that location. The hydroanalysis for the water model basically is being coordinated between my engineer's office and Gary, with Brad, actually. We have just completed with our firm and my engineers have just completed, just basically short of a two-mile sewer extension facility and lift station and so forth in Boise's area of impact in Ada County project. And having gained that expertise, you might say, we're very comfortable in working with your staff to achieve an equitable and effective solution in terms of those improvements. We would like to proceed with the approval of the final plat based on staff comments and my proposed modifications to staff comments because the County will obviously need to hear these • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 67 final plats and act on the final plats prior to anything additional happening. At the pleasure of the Council, Mr. President, I would be glad to quickly run through, I'm not sure if you had time to review my comments relative to staff comments. I'd be glad to go through those one by one just for your clarification and understanding. Rountree: That'd be fine. Johnson: Okay. Under the general requirements, Item 1 was the street (inaudible) determined that the street we proposed to name Mandleson (sic), which is the most southern street be changed to the name Camisky (sic), which is a street that aligns but will never directly connect in Boise's city limits. I would propose and hope that maybe the name Mandleson may be a stick here in that, well, dispatch perhaps has a different angle on it. The people I talked to and the people who call me out of confusion of where in the world is this section of Mitchell Street, for example, they don't under -the general public don't understand the alignment issue even though they never connect. And with this subdivision already being based on a #heme, people would recognize Mandleson as part of that subdivision. Completely different jurisdiction, completely different zip code, I would hope that it may be agreeable to ask the Street Committee -- Name Committee to reconsider that requirement. Under the site-specific, if I may briefly just run through some of these, Item 1, I believe that the Meridian are of impact with the county specifies that a project like this one must comply with Meridian subdivision ordinance. These two phases do comply with the Meridian subdivision ordinance and the Comprehensive Plan with clarification. Ms. Butler will address that a bit further later on another item. Number 2, no comment. Number 3, we have designed the storm drain system to ACRD standards which are actually - and I think staff's comments directed is towards the park, the future park area that would be contained in approximately Phase III. Just for the quick sake of understanding, it's the big green area on this particular map - of the preliminary plat, this central park. It's adepressed-type park situation; something that the planners and different regional agencies have been pushing for this type of concept, where in a major event, the storm water would back up in the park for a short amount of time. ACHD standards are the following: Ina 15-year event, the water would dissipate within 24 hours. Ina 100-year event, which is the largest they really design for, it would dissipate within 72 hours. Slightly different than the City's standards, but it's the standards that the Highway District requires us to comply with. So for a point of clarification there. Item 4, we will be bonding for various items, and I'm not aware of any of the plats that you currently have in your area of impact. That obviously creates some logistical processing of paper for building permits. 1f I understand the process correctly. Jump in if you feel different. Just like they go to ACHD, a builder must get a stamp from ACHD having paid - and a receipt having paid their impact fees before they go to the county or the city before they get a permit. In this case, they would go to ACRD, pay their impact fees at ACRD, and then they'd come to the City, pay their assessment fees or hook-up fees for sewer and water. Just another item down lower on the list. And then the City would grant a receipt or stamp the plans to that affect, and MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 68 the County would therefore know that they have paid their fees. I think that's the appropriate procedure, if I'm not mistaken. We would -pardon? This is the first subdivision we've dealt with. We don' t have a procedure, but that's a logical one. Logical. We would like to be able to bond for the certain improvements. Obviously, we can't get a building permit until the fire hydrants are working, until the street surface will hold a fire engine and street signs are up. Other items like fencing, irrigation system, we fully intend and will be required, as I understand from talking to the staff, to bond for - would like the issuance of building permits to not be withheld strictly because they're not complete -those items may not be complete at that time for various reasons. Sometimes they're seasonal delays. I intended to do a little upscale type -some improvements in terms of the fencing and so forth. I'm trying to be brief. Pardon me. Item 5, again, we will be doing some bonding. I kind of addressed that. Item 6 is not a problem. The lot is $9 feet wide. I'll check the plat while I'm talking. I'll help you read it. Pardon us. Different lot. We can address - (inaudible discussion) okay. We'll work with that on staff. Item 7 I've addressed with staff already. I believe staff understands the 12-foot landscape and utility easement issue, so I don't think there's any cause for concern there, if I'm not mistaken. Item 8 will just be an issue for the plat. Nine, I will allow Ms. Butler to address. Item 10, the alignment of the sewer trunk and the gravity irrigation and the storm drain lines can be worked out, I believe, with staff. This comment from staff Item 10, if I may switch to this other microphone, was that -- this comment is that the sewer lift station will be located in this location. The sewer trunk line (inaudible) city that would eventually service this entire area be extended down this pathway here and down Mandleson Street and then down through a pathway facility here again to connect with another street -another portion of Mandleson Street. In this area, because of the existing ditches and storm drain type facilities, we need to run, and the preliminary plat -the construction drawings show, not only the sewer line running through there, but also a storm drain line and a irrigation piped ditch -basically piped, put in apipe -running through that same general location. We do have some flexibility that this lot is rather large. We do have some flexibility maybe clipping off part of that lot. I think we can work that out with staff in terms of exactly how to proceed on that. I don't know if the staff, since I didn't hear back, needs an unencumbered 20-feet period, only with sewer in it or if they can tolerate aloes-level, a shallow irrigation line or something to that effect in there. Item 11 Ms. Butler will address. Item 12, my understanding that we've already discussed with staff and have reached an agreement on Item 12. Thirteen is an issue that we have spent some great deal of time with your legal counsel and with your city engineering, Gary Smith. This issue is relative to the imposition of double hook-up fees for your current ordinance requiring for those connecting to the city services, but not within your incorporated area. We have met extensively, as I said, with staff and your legal counsel and have addressed this in the following manner, and I'll try not to put words in your mouth, but to summarize this, this plat be subject to the revised Meridian City Ordinance regarding connection fees. I will not put any additional words into Mr. Gigray's mouth relative to his advice to you, but that is a solution that we have come up with in our discussions. We'll come back to that • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 69 later in open discussion if we so need to. Item 14 is a request that the City will enter into a reimbursement agreement so as anyone in the future connecting to the off-site sewer and water line that will be extended because of its development, that anyone connecting and utilizing those services would just be subject to alate-comers or reimbursement agreement. I believe that summarizes the bulk of the presentation I needed to discuss. I will allow Ms. Butler to address the items I briefly skipped over, but I would be more than happy to answer any questions that the Council may have for me prior to Ms. Butler's comments, if you so choose, or we could tag-team it following her remarks. Rountree: Any remarks? Anderson: I don't have a questions, but I have a comment. Rountree: Okay, Mr. Anderson. Anderson: Regarding the street naming issue. For emergency services people, I happen to work in that line of business, having the same named streets is very critical because it's not just one jurisdiction; for example, that area would be responded to on a medical call by Meridian Fire as well as Ada County medics who deal with all of Boise and Eagle and Meridian and other areas. The Street Naming Committee has extensive experience in naming those streets, and there's good reasons why. So it's not just a convenience thing, it makes a lot of sense for emergency responders, police, fire and medical, everybody. Johnson: Thank you. Rountree: Comments, questions? Bird: I have none. Rountree: JoAnn. Butler: Good evening, Council. JoAnn Butler, 6078_ North 8~' Street. Just to reiterate a couple of things that Tucker's already raised; the specific request that we're asking for in connection with the changes to the staff report are, again, with regard to obtaining building permits, as soon as bonding has been accomplished, because your ordinance does allow building permits with bonding under Section 1254, and also requesting that that temporary construction-type fence be allowed so that building permits can be obtained before the fencing is put around the perimeter, so a specific change there. Mr. Johnson asked me to address briefly the staff report No. 9 and 11, and there's asub- note under each of those asking for particular plat items or plat notes to be put on, and that was the idea that minimum square footage of houses is 1400 square feet exclusive • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 70 of garages. That's a provision of your zoning ordinance, and since we're governed here tonight by the platting ordinance, the subdivision ordinance, and the zoning ordinance of Ada County applies to this, and that requirement is not in Ada County's -not to confuse the issue, we're asking that not be included because that is not a governing ordinance. If you have any questions on that, I'll be glad to address that further or just direct you to the Meridian Area of Impact Agreement that has been entered into by the County and the City. In regard to No's 13 and 14 addressing the connection fee and also the reimbursement agreement or the possibility of it; as Tucker said, we've had number - on a number of meetings with Gary Smith and legal counsel and Mr. Johnson's engineers, and I know that they, in turn, the engineers have been working with your outside consultants at JUB, several discussions trying to help the City align the sewer in this area since we're so familiar with that area. And we've provided the City with various draft reimbursement agreements that other municipalities have used to help the City get that under its belt, and we believe that reimbursement when anybody is over- sized lines, that it's only fair to do a collection from others that will be utilizing it. And your ordinance under Section 94-19 does allow for that. With regard to the hook-up fee, I know that you are presently looking at a - or the City probably your department heads - looking at a change to your ordinance which reduces the double hook-up fee to a consistent fee across the board: same fee for the same service. The reason for that, the reason for the change in the ordinance is because that's what our courts require is that if one person is getting a particular fee, they're supposed to be charged equally for that fee. And that is what we've discussed this with staff before, and Mr. Gigray, I know that's the direction the City's heading to, and I'll be happy to address that further in detail. Not only have we -we're putting in the infrastructure ourselves, I think we're going above and beyond to provide services and infrastructure to the City so we are definitely not getting some kind of service over and above what is charged and what is provided to those residents within the city limits. So with that, I think that's it. So those are the items that we have a bit of disagreement with the staff on, and we appreciate the Council's comments on and be happy to press further. Rountree: Any questions for Ms. Butler? Bird: I have none. Rountree: Thank you. Any further discussion, questions? Mr. Bentley. Bentley: I had a question for the staff. I'd like to hear what your thoughts on their responses to your site-specific comments. Smith: Thank you. Council President, Council members, 1 will address the comments concerning sewer and water. We have had several meetings with the developer and their engineer, and they have come back to us with proposals as far as the sewer alignment is concerned such that we will have a lift station in the area serving MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 71 development or property that could develop other than this subdivision. And as Tucker pointed out, our reasoning for that was to eliminate numerous lift stations that could be required to serve the property, and they had agreed to all of that, and that was in line with Mr. Gigray's and I response to the County Commissioners when this was before them as far as the service in our impact area in concerned. And Tucker's correct that their proposal has been sent to JUB who developed our master plan in this area; for JUB's comments as to the alignment which is different than what they had shown on our adopted sewer plan. We have not heard back from JUB at this point. On the water issue, we will, with involvement of the applicant's engineer, run a hydraulic analysis on our water system to make sure that the water flow is available at this site for fire protection which is a big demand on a water system. And that has not been done, but it will be done. The issue with the building permits and appropriate bonding in place isn't any different than any other subdivision that has come before us, as long as we have the fire protection, the water line is active, the water line is bacteriologically or free of bacteria and can be connected to our system to provide the fire flow, and that we do have street signs up and we do have a road base that will support emergency vehicles. We started out with this as a very minimum requirement years ago. Over the years, since that time, the developers have seen fit to improve the development to a point where pavement is actually in place before they come in for building permits, and, I know Tucker's been in the building business for a long time, we've seen this develop over the years to the point where it is now simply because of the confusion that takes place between the contractors that are building houses and the contractors that's finishing the streets. There's a lot of collisions that take place between all of that. So I think the developers have seen the benefit of having the streets paved before building permits are issued. The double-connection fee, I guess, is an issue that we've talked about before in the past and have never resolved it as to why it's even there, other than I've always felt that it promoted an orderly development of the city from the inside out, and our use fee for those that do connect to our system outside the city limits is the same as it is inside the city limits. There is no penalty as far as the use fee is concerned, if you want to attach the word "penalty" to this double-connection fee. I have received a proposal from Mr. Gigray concerning an amendment to the ordinance for this double-connection fee as it presently exists. I've read through it, t haven't read it enough times to make any intelligent comment. So I don't have any comment for you this evening concerning what's been offered, but I think it's as much a philosophical question from the Council's standpoint as it is a technical question from my standpoint. I know that part of this, as I remember reading it, and Mr. Gigray can correct me if I'm wrong, but, I think that there's a provision in here that the development agrees to annexation in the future as part of this connection to this system outside the city limits. And that would be one very important point that we need to have that approval, that okay, for future annexation; without knocking on doors. I probably missed some points, but if I did - do you have any other questions of me on the sewer and water issues? Rountree: No, just for Shari's turn. • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 72 Stiles: Mr. President, Council, we did have an error in our comments, the No. 6 under site-specific should be Lot 3, Block 3. I think there's plenty of room in those other lots that they can accommodate that 80-foot frontage. Ms. Butler brought up the point that she didn't believe our zoning ordinance applied in this case. Idaho Code Title 50, Section 1306 says plats within our impact area shall comply with our zoning and subdivision ordinance; so, regardless of what the County has unilaterally come up with as an Area of Impact Agreement, we do believe that those zoning issues do apply. I don't think with the size of the lots we're going to have any problem with having homes less than 1400 square foot, but that is our zoning ordinance, and I believe they should comply with our zoning ordinance. In fact, when this initially came to Ada County, we had to remind them that we had to approve the preliminary plat; they thought our input was irrelevant at that time. We did let staff know that state code mandated that our subdivision and zoning ordinances were the ruling in this situation. That's probably another issue we probably need to pick up at a later date as far as a Area of Impact Agreement. It is a unilateral agreement, and the City has not signed an agreement. There is no mutual document that states that we have an Impact Area Agreement. They've passed an ordinance, told us that's what it is, and that's the agreement. So I don't think - I think those are minor issues, you know. Of course, the major issues that need to be determined are the double hook-up fees and these off-site improvements. That's my two bits. Rountree: Any other questions? Bird: I have none. Bentley: None. Rountree: Recommendations, motions? Bentley: Mr. President. Rountree: Yes, sir, Mr. Bentley. Bentley: I feel that there's too many issues that are unagreed to, unresolved with this project as far as the staff comments go. And I'm not prepared to pass this until we can see some light and get these issues straightened out. Rountree: Any other comments? Anderson: Mr. President. Rountree: Mr. Anderson. • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 73 Anderson: I'd say I was kind of astounded to see the 16site-specific comments and there were only two of them that were marked okay. So it seems like there are a lot of unresolved issues. The late hour that this has delivered, the 20th, and I'll show you there has been a lot of time for staff and the developer to try to work out some of those issues, but 1 guess I would tend to favor tabling this and seeing how many of those issues they could work out. Bird: (inaudible) Rountree: Any other motions? Is that a motion, a consideration? Anderson: I would make it a motion that we table the final plat for Vienna Woods Subdivision No. 1 until our October 5th meeting and allow staff and the developer a little more time to resolve some of the site-specific issues. Rountree: Is there a second? Anderson: -- on -are we just doing the one right now (inaudible) Bird: We can probably - we could do both of them (inaudible) Rountree: We just have Item 23 and 24 or 22 and 23 are actually separate, but it's one in the same. Phase I and Phase II - Anderson: At this point, I'd like them to work out the issues on both those because It's - Bird: I would second that. Rountree: Okay. It's been moved anal seconded that we table Items 22 and 23 of Vienna Woods, Phase I and II until our next regularly scheduled meeting which would be October 5th. All those in favor? MOTION CARRIED: ALL AYES Rountree: Staff reports. Butler: Council members, if I might. JoAnn Butler, 6078 North 8th. Before you move into your staff reports, just a point of order or ask, I did deliver a letter to the Council and to the City Clerk today asking for a reconsideration of your order and decision ftom two weeks ago and would like to ask the Council if they would make a decision on that, and if they would like me to speak to that. MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 74 Gigray: Council, have you had an opportunity to read that letter? Rountree: No, I have not. (inaudible) we take it in advisement and act on the request at a later date? Butler: Before you do that, I think you'd probably want to ask your attorney whether or not that can happen under your procedural rules, a reconsideration has to be taken up at the next hearing, we are in a situation where we are requesting a reconsideration, and by that meaning asking the Council whether it will decide to re-open the public hearing and set it for public hearing at some date that you set. If that does not happen, I think today, because of the 28-day appeal period that runs following a final decision, an appeal would have to be filed. I think that we would miss the opportunity to reconsider. I can briefly paraphrase that letter and what I'm requesting for those that haven't had the opportunity to read it, if you'd like. Rountree: If you would hold off for a minute, JoAnn. Mr. Gigray. Gigray: Mr. President, members of the Council, just to a point of order, as I understand this letter, and I have received a telephone call from JoAnn Butler regarding their intent to seek some kind of reconsideration, and I believe they're doing that under (inaudible) of Roberts Rules of Order; if that's the case, then it would require someone who voted in favor of the Findings of Fact and Conclusions of Law and order to move to reconsider that it would require a second, and then it takes -you can have debate on that yourselves, if you are going to debate it. The debate should be limited to whether or not you should vote in favor or not in favor of the reconsideration. And then you would call a vote on that and it takes a majority to reconsider. And I think that's the spirit in which their motion has been made. I might point out that I have prepared a ordinance for consideration by Public Works and by Planning and Zoning Commission which is designed to deal with motions for reconsideration, and because I do believe that we are getting more and more of these kinds of requests. I want to have -recommend, I should say, that the City should have a mechanism by which those are done, criteria by which they are decided, and I would tell you that the proposal that I prepared would deal with this on the standpoint that only a written statement would be prepared that would outline whether or not, in that statement, that they would have a case for judicial review, and then the Council would review that written statement and vote whether or not it would even consider it or not, and that would, of course, be a delayed final action so that it wouldn't prejudice developers if they wanted to make that type of motion. But we don' t have that kind of ordinance at this place, so, as I understand it, the spirit of why this motion is being made is being pursuant to those Roberts Rules. Rountree: Any other questions of Mr. Gigray? • • MERIDIAN CITY COUNCIL MEETING SEPTEMBER 21, 1999 PAGE 75 Bird: Are you going to discuss this? I'm going to leave. I'm serious. (inaudible) Rountree: I understand your situation. I'm just trying to get a procedural. The request has been made: do we respond to the request this evening? Do we want to take it under advisement to enact on it at a later date? I think that's the question. Ms. Butler wants us to do it right now, apparently, and feels that that's in order. Bentley: And I'm not prepared to do it right now. Rountree: Mr. Anderson. Anderson: I'd like to read the letter and consider it more before I make a decision; so, I'd like to just take it under advisement at this point. Rountree: Mr. Gigray, comments? Gigray: In my view, when you may take final action on Findings of Fact and Conclusions of Law and an Order of Decision, that stands until you've rescinded that, and, of course, if you were going to ever invite a revision of the facts and the circumstances in this particular matter, my recommendation would be that you would have to go to the extent of requesting and re-opening a public hearing to give all affected property owners an opportunity and due-process to address any additional issues that would come up. If you - if one of you feels that you want to reconsider this, who voted in favor of these findings and move to reconsider it on this request, if no one makes the motion, there's nothing that comes before the Council for action and it dies at that point, and they move on with their legal action and whatever they choose. Anderson: Correct. Rountree: Clear? Anderson: As mud. Rountree: As mud. Request for reconsideration received. Having no motion, I would take that to mean that we aren't receptive to that. Butler: Thank you. Rountree: You can come back, Mr. Bird. Before we get into staff reports, we have the Union contract. You do have a resolution dated September 21st by (inaudible). Any discussion? Mr. Bentley. • MASTER DECLARATION OF COVENANTS CONDITIONS. RESTRICTIONS AND EASEMENTS FOR VIENNA WOODS SUBDIVISION July 27, 1999 ARTICLE I RECITALS WIIII2EA.S, the undersigned (hereafter "Grantor") is the owner of certain land in Ada County, Idaho, more particularly described as follows (hereafter "Property" or collectively "Subdivision"): Lot 1 Block 1; Lots 1 through and including Lot 21 of Block 2; Lots 1 through and including Lot 16 of Block 3; and Lots 1 through and including Lot 3 of Block 4, VIENNA WOODS SUBDIVLSION, according to the official plat thereof filed in Book of Plats at pages and records of Ada County, Idaho. WHEREAS, the Grantor desires to subject the Property to the covenants, conditions, restrictions, easanerrts, reservations, limitations and equitable servitudes herein set forth to () insure the enhancement and preservation of property values, (il) provide for the proper design, development, improvement and use of the Property by the Grantor and all other persons or entities who may subsequently acquire an interest in the Property and (ili) create a residential development of high quality; WHEREAS, as addifional land owned and platted by the Grantor adjacent to or in the vicinity of the Property is platted and developed for uses similar to that of the Property, upon election by the Grantor, such shall become subject to the terms of this Master Declaration by annexing the same as provided herein; WHII2EAS, additional land formerly owned and platted by the Grantor or a predecessor in interest. of the Grantor under the name "Vienna Woods Subdivision" may, upon the approval of the Grantor become subject to the terms of this Master Declaration by annexing all or any of the said Lots as provided herein, provided that the Owner of each Lot so annexed approves said annexation in writing; WHIItEAS, because the Subdivision will be developed in several phases, each of which may have unique characteristics, needs and requirements, the Grantor may, from Gme~o-time, promulgate further conditions, covenants, restrictions and easements as "Supplemental Declarafions" relating to partiarlar tracts or parcels of real property within the Subdivision; and WHIItEAS, in order to achieve the objectives acrd desires of the Grantor, the Grantor will control the management and government of the Property and the non-profit association of Owners to be created until such time as the Owners take over the management functions through the Association upon substantial completion of the development process. ARTICLE II. DECLARATION Annexation to the City of Meridian has been requested and the City of Meridian may annex this subdivision at any time. The Grantor hereby declares that the Property and each lot, tract or parcel thereof (hereafter called "Lot," unless speclfied to the contrary), is and shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the following covenants, conditions, restrictions, easement, reservations, limitations and equitable servitudes (hereafter collectively called "covenants attd resuidions"), all of which are declared and agreed to be in furtherance of a general plan for the protection, maintenance, subdivision, improvement and sale of the Property or any Lot thereiry and to enhance the value, desirability and attractiveness thereof. The covenants and restrictions set forth herein shall tun with the land acrd each estate therein and shall be binding upon all persons having or acquiring any right, title or interest in the Property or any Lot therein; shall inure to the benefit of every Lot in the Subdivision and any interest therein; and shall inure to the benefit of and be binding upon the Grantor and each Owner, and each successor in interest of each, and may be enforced by the Grantor by and any Owner, or by the Owner's Association, as hereafter provided. Notwithstanding the foregoing, no provision of this Master Declaration shall be construed or enforced to prevent or limit the Grantor's right to complete development of the Property in accordance with the plan therefor as the same exists or may be modified from time to time by the Grantor nor prevent normal construction activities during the construction of hnprovements upon any Lot in the Subdivision. No development or construction activities shall be deemed to constitute a nuisance or violation of this Master Declaration by reason of noise, dust, presence of vehicles oc construction machinery, erection of temporary structures, posting of signs or sirnilar activities, provided that the same are actively, efficiently and expeditiously pursued to completion. In the event any dispute concernurg the foregoing shall arise, a temporary waiver of the applicable provision(s) of this Master Declaration may be granted by the Architectural Control Committee provided that such waiver shall be for a reasonable period of time. Any such waiver need not be recorded and shall not constitute an amendment of this i ARTICLE m. DEFINITIONS As used in this Master Declaration, unless the context otherwise specifies or requires, the following words and phrases shall be defined as follows: ACC: The Architectural Control Committee for the Subdivision. ACC Rules/ACC Standards: Such rules or standards promulgated by the ACC as authorized herein. Annexation: The process by which additional tracts or paroels of land, including platted lots improved with single family dwellings, not initially a part of the Property are made subject to this Master Declaration. Assessment: A payment required of Association members, including Regular, Special or Limited Assessrnerus as provided in this Master Declaration. Association: Vienna Woods Owners Association, inc., an Idaho non-profit ~rporadon. Board: The duly elected and qualified Board of Directors of Ure Association. Building: A structure cons[nrded on a Lot on a temporary or pemranent basis and unless specified to the contrary, shall include all other appurtenances and improvements thereto or used in cennection therewith. By-Laws: The By-Laws of the Assoaafion, including any amendments thereto duly adopted. Common Area: All real property within the Subdivision in which the Association owns an irNerest or controls and which is held or controlled for the betterment of the Subdivision. Development: The project to be undertaken by the Grantor resulting in the improvement of the Subdivision or any additional property annexed hereunder, including landscaping, amenities, cons4udion of roadways, utility services and other improvements. Grantor: The undersigned owner of the land comprising the Subdivision. hnvrovements: All strudurrs and appurtenances thereto of all kinds and types, including but not limited to, Buildings, roads, driveways, parking lots, sidewalks, walkways, walls, fences, screens, landscaping, poles, signs and lighting. Improvements shall not include those items that are located totally on the interior of a Building and cannot be readily observed when outside thereof. Initial ConsUudion: The first construction of permanent Improvements on a Lot following the sale of that Lot by the Grantor to an Owner, and intended for residential occupancy. Limited Assessment: An Assessment levied by the Assocation upon one or more Lots, but not upon all Lots within the Subdivision, for the purpose of securing payment by the Owner(s) thereof of amounts expended by the Association to correct a condition prohibited or to cure an Owner's breach hereunder. Lot: A portion of the Property which is a legally described trod or parcel of land within the Subdivision or which is designated as a Lot on any recorded subdivision plat relating to the Property. Master Declaration: This instnrment as it may be amended from time to time Member: Any person(s) who is an Owner of a Lot within the Subdivision. Mo a e: Any mortgage or deed of tnrst or other hypothecation of land located in the Subdivision to secure the performance of an obligation. Unless otherwise specifically provided, the reference to a "Mortgage" in this Master Declaration shall be limited to a "first Mortgage," including a "first Deed of Trust," on a Lot in the Subdivision. Mo a ee: The holder of a Mortgage or the beneficiary under a Deed of Trust, including an assignee(s) thereof, which Mortgage or Deed of Trust encumbers a Lot in the Subdivision owned by an Owner. Unless otherwise specifically provided, the reference to a "Mortgagee" in this Master Declaration shall be limited to a holder of a first Mortgage, including a beneficiary under a first Deed of Trost on a Lot. Ocwaant: Any person, association, corporation or other entity who or which is an Owner, or has leased, rented, been licensed, or is otherwise legally entitled to occupy and use any Building or hnprovement on a Lot wheUrer or not such right is exercised, including their ,,a.....e...,....,i .e.,.e..e......:..o., m.,.,.o....,,..~ ,,..a e~r.....~ ~ ~ Plat: A final subdivision plat covering any real property in the Subdivision, as recorded in the office of the County Recorder, Ada County, Idaho, as the same may be amended by duly recorded amendments thereto. ReQrnlar Assessment: An assessment levied by the Association to provide firnds to pay the ordinary estimated expenses of the Association. Suecial Assessment: An assessment levied by the Association other than a Regular or Lamited Assessment. Sub-Association: An Idaho non-profit corporation or unincorporated Association organized by ttu Grantor or by any Owcer(s) pursuant to a Supplemental Declaration recorded by the Grantor for any specific trail or parcel within the Subdivision. Unless specifically provided to the contrary, or the context requires otherwise, a reference to "Association" shall include "Sub-Association. " Sub-Association Board: The duly elected and qualified Board of Directors of aSub-Association. Unless specifically provided to the contrary, or the context requires otherwise, reference to "Board" shall include "Sub-Association Board." Supplemental Decaration: The additional or different conditions, covenants, cenditions, res4ictions and easements relating to a partivelar trail or parcel of real property within the Subdivision promulgated by the Grantor and recorded in the otficial records of Ada County, Idaho. Unless specifically provided to the contrary, or unless the context otherwise requires, a reference to "Master Declaration" shall include "Supplemental Declaration." The Subdivision: The whole of the Property and any additional land annexed thereto as provided herein, including any such additional land as may be platted and annexed hereunder under a different name (also sometimes referred to herein as "Property"). The Vienna Woods Owners Association, Inc.: The Idaho non-profit corporation organized by the Grantor and compromised of Members and existing for the purpose of providing self-goverrur~tU for the Property. ARTICLE 1V. PURPOSE The Property is hereby made subject to the covenants and restrictions contained in this Master Declaration, all of which shall be deemed to be imposed upon and run with the land and each and every Lot and parcel thereof, and shall apply to each and every Owner and Oaarpant thereof and their respective successors in interest, to insure proper design, development, improvement, use and maintetLVxe of the Property for the purpose of: (a) Insuring Owners and Oauparrts of Buildings of quality of design, development, improvement, use and maintenance as shall protect and enhance the investment and use of all Lots and Improvements. (b) The prevention of the erection in the Subdivision of hnprovements of improper design or constnrction with improper or unsuitable materials or with improper quality and method of constmdion. (c) Encouraging and insuring the erecfron of quality acrd attractive Improvements appropriately located within the Property 1o assure visual quality and harmonious appearance and function. (d) Severing and maintaining proper setbacks fivm streets and open areas in the Subdivision and adequate fi~ee spaces between Improvements. (e) The integration of development of the different Lots by setting common general standards consistent with the ACC RuleslACC Standards existing from time to time. (f) Insuring attractive landscaping and the conservation of existing natural features with minimum adverse impact on the ecosystem. As used hereafter, "Project Objectives" shall mean the foregoing specified purposes. ARTICLE V. PPRNIYCCI'ED USES AND PERFORMANCE STANDARDS SEC'T'ION 5.01. Use. Unless otherwise specified in a Supplemental Declaration covering a particular Lot(s) or parcel(s), Lots shall be used only for residential purposes and such uses as are customarily incidental thereto and Common Area. SECTION 5.02. Boil Ines. Except as otherwise designated on the master plan for the Subdivision, or unless otherwise specified for a particular I.ot, tract or parcel in a Supplemental Declaration, no Lot shall be improved except with one (I) dwelling unit. Each dwelling unit shall have an attached enclosed garage adequate for a minimum of two (2) standard size automobiles. No carports or parking pads shall be allowed. Square footage (excluding basement, garage, patio, porch) shall comply with the Rules adopted by the ACC. SECTION 5.03. Approval of Use and Plans. No Improvements shall be built, constructed, erected, placed or materially altered within the Property ..«t:l N.o «lo«.. ....e..:R....~:..«~ ..«.7 ..:~o «lo« ri,e..of .. I,a.,o I,m« .mne.,,e.l :.. a.i„"nro a.v7 annmvwr by tn.n A(`!` in arrnrrianrn with fhn nmvicinnc of i • fronts, twenty feet (20') from the front lot line and from side streets; for the Building fifteen feet (15') from the rear lot line; and Eve feet (5') from each side yard line; or (d) the set-backs required by the applicable oMinanoes of Ada County, Idaho and subsequently Meridian City, Idaho (upon annexation thereby). Notwithstanding the foregoing, the ACC shall have the right to stagger the front setbacks of the Lots in order to create a more pleasing appearance and to min;m;~e the negative visual appearance of a uniform building line. The ACC shall also have the power to approve a zero lot line setback on the sides of any lot in the subdivision, provided approval is also obtained from the appropriate governmental zoning authority. SECTION 5.06. Antennae. No exterior radio antennae, television antennae or other antennae, including a satellite dish, shall be erected or maintained on a Lot without the prior approval in writing by the ACC. Small dishes/antennae (e.g. wireless cable TV equipment) if discretely placed may be approved by the ACC on a case-by-case basis at the discretion of the ACC. Large or taU devices are prohibited. However, the Grantor may approve Meridian City placing an antennae device in connection with the sewer lift station. SECTION 5.07. Easements. There is hereby reserved for the use and benefit of the Grantor and granted for the use and benefit of each Lot, and for the use and benefit of each Owner and Occupant, and for the use and benefit of the Association, and their successors and assigns, for the purposes incident to such use, development and maintenance of the Property, the following easements: (a) For the installation and maintenance of public utility facilities of all kinds, including Meridian City sewer facilities, South County Water or assigns water facilities, Ada County Highway District facilities, radio and television and transmission cables, the easements so designated on the recorded subdivision plat(s) for the Subdivision. (b) For the purpose of permitting the Grantor or the Association, their contractors and agents, to enter onto those portions of Lots contiguous to any Conutton Area to maintain, replace and restore landscaping and other hmprovements within the Common Area. (c) Reciprocal appuRenant easements of encroachment, not to exceed one foot (1'), as between each Lot and such portion(s) of the Common Area adjacent thereto, or between adjacent Lots, due to the unintentional placement or settling or shifting of the Improvements constructed thereon, which easements of encroaclunent shall be valid so long as they exist and the rights and obligations of Owners shall not be altered in any way by said encroachments, settling or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful act or acts of an Owner. (d) The easement areas (excluding any equipment or appurtenances owned by the Grantor, the Association or a utility company located thereon) herein reserved shall be maintained by the Owner of the Lot upon which they are situated. (e) No Improvements shall be placed or permitted to remain on such easement areas located within any Lot which shall interfere with the intended use or purpose of such easement(s), and no other activity shall be undertaken on any Lot which may interfere with the use and access intended to be provided by such easement or the installafion or maintenance of the utilities or other facilities, if any, located thereon or therein. (f1 Any additional easements, if any, as shown and designated on the recorded subdivision plat for the Subdivision. SECTION 5.08. ~. Each Owner shall install, and mauVain in an operative condition, a minimum of ore (1) exterior light pole in the front yard. Said light shall have a photo-sensitive switch to rum the lights on at sunset and off at sunrise, and shall not be on an electrical circuit with a standard light switch, and shall not be placed in any manner which shall cause glare or excessive light spillage on a neighboring Lot(s) and shall be in accordance with the ACC Rules/ACC Standards. All exterior lighting and interior lights reflecxing outside shall not. be placed in any manner which shall cause glare or excessive light spillage on a neighboring Lot(s) and shall be in accordance with the ACC Rules/ACC Standards. SECTION 5.09. Animals. No animals, livestock, birds, insects or poultry of any kind shall be raised, bred, or kept on any Lot, except that not more than two (2) domesticated dogs and/or cats, or other small household pcts which do not unreasonably bother or constitute a nuisance to others may be kept, provided that they are not kept, bred or maintained for any commercial purpose. Dogs and other similar pets shall be on a leash when not confined to an Owner's Lot. SECTION 5.10. Septic Tanks/Cessuools. No septic tanks and/or cesspools shall be allowed within the Subdivision. SECTION 5.11. Gradit-e and Draina¢e. A site plan indicating the proposed grading and drainage of a Lot must be approved by the ACC before any construction is initiates. Lot grading shall be kept to a minimum and Buildings are to be located for preservafion of the existing grade(s) and any grade(s), berms or swales should be an integral part of the grading design. Subject to the requirements of any governmental entity having jurisdiction thereof, water may drain or flow into adjacent streets but shall not be allowed to drain or flow upon, across or under adjoining Lots or Common Areas, unless an express written easement for such purpose exists. SECTION 5.12. Commercial Use Prohibited. No Lot shall be used for commercial or business activity, provided, however, that the Grantor or persons authorized by the Grantor may use a Lot(s) for development and sales activities relating to the Subdivision, model homes or real estate sales. As used herein, "commercial or business activity" shall not include the rental by an Owner of a Lot and the Improvements thereon for residential purposes or the incidental use of a Lot and the Lnprovements thereon by an oaupant for purposes incidental to a commercial or business activity shall not be a use in violation of this Section, provided that () such Lot is not the principal location for such commercial or business activity, (ii) employees, customers, clients, patrons and similar persons related to such commercial or business activity are not present on the Lot on a regular basis. Variances must be approved by the Board and satisfy any and all governmental zoning requirements. be kept at all times in a covered container and all such containers shall be kept on a Lot within an enclosed structure or scteetted from public view. (e) No articles, goods, machinery, materials or similar items shall be stored, kept or maintained on a Lot in the required s~-back area along a public or private right-0f-way or otherwise kept in the open or exposed to public view. (f) Any event or condition on a Lot which, in the sole discretion of the ACC, creates an unsightly or blighting influence, shall be corrected, removed or obstructed from public view, as the case may be, by the Owner of the Lot, notwithstanding the fact that such event or condition may not be specifically described and/or prohibited in this Master Declaration. (g) In the event that any Owner shall permit any hnprovement, including any landscaping, which is the responsibility of such Owner to maintain, to fall into disrepair so as to create a dangerous, unsafe, unsightly or unattracxive crondition, the Board, upon fifteen (15) days prior written notice to the Owner of such Lot, shall have the right to correct such condition, and to enter upon said Lot and into any build'utg or strucxrtre thereon, if necessary, for the purpose of correcting or repairing the same, and such Owner shall promptly reimburse the Association for the cost thereof. The Owner of the offending Lot shall be personally liable, and such Owner's Lot may be subject to a mechanic's lien for all costs and expenses incurred by the Association in taking such corrective action, plus all costs inwrred in collecting the atnounts due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt of written demand therefor, or the amounts may, at the option of the Board, be levied as a Limited Assessment against said Lot and shall be enforceable in the same manner as other assessments set foNt in Article VIII of this Master Declaration. SECTION 5.14. Minin¢ and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing water, steam, oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or eatil-; provided that the Grantor or the Association may, by permit, grant, license or easement, allow the drilling for and the extraction of water for use on the Lot. SECTION 5.15. Boats, Camuers and Other Vehicle. Trailers, mobile homes, trucks larger than standard pickups, boats, tractors, campers, garden or maintenance equipment and vehicles other than automobiles, when not in actual use, shall be kept at all times in an enclosed structure or screened from public view and at no time shall any of said vehicles or equipment be parked or stored on a public or private rightof--way within the Subdivision. "Screened from public view" is defined as behind a solid fence and not projecting above a six foot fence more than three fee[. The pritrrary purpose of the garage required on each Lot is for the parking and storage of automobiles and other vehicles (hereafter "automobiles"). No other use of a garage that prohibits or limits the use of a garage for the parking or storage of the number of automobiles for which it is designed shall be permitted. The Owner shatl provide sufficient garage space or other enclosed parking approved by the ACC for all automobiles used by the Occupants of a Lot, which automobiles shall be kept within the garage, and the parking thereof in the driveway on the Lot or in a public right-of-way within the Subdivision, other than for tetnporary purposes (as determined by the ACC), is prohibited. No inoperative vehicle shall be parked or stored at any time on a Lot unless wholly within an enclosed shucture. A minimum of two (2) off-street parking spaces for automobiles shall be provided on each Lot. SECTION 5.16. Garage Doors. Garage doors shall be closed except when open for a temporary purpose. SECTION 5.17. Exterior Materials and Colors. All exterior materials and colors shall be selected and used which are approved by the ACC and which are compatible with other Buildings on the Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated appearance. All exterior finishes and/or colors shall be earthtone, including subtle blue and gray tones, as approved by the ACC. Each house shall include some brick, stone, stucco or other distinctive features on the front exposure. Roofs shall be architectural shingles (weathered wood or black in color), and no gravel roofs shall be permitted. SECTION 5.18. Vehicles. The use of all vehicles, including but trot limited to automobiles, [tucks, bicycles and motorcycles, shall be subj. to ACC rules, which [nay prohibit or limit the use thereof within the Subdivision, provide parking regulations and other rules regulating the sttne. SECTION 5.19. External Energy Devices. No energy producing devices including, but t-ot limited to, getterators of any kind shall be cotrsttucted or maintained on any Lot without the prior wriden approval of the ACC, except for solar energy devices (as described below), heat pumps or similar appliances shown on the plans approved by the ACC. SECTION 5.20. Mailboxes. No flee-standing mailbox shall be constructed or installed on any Lot without the prior written approval of the plans therefor by the ACC. The US Postmaster approves tnailbox locations and does not allow single mailbox posts. Therefore, sotne homesites will not have a mailbox pole itnmediately adjacetrt thereto. SECTION 5.21. Ste. No commercial billboard or advertising shall be displayed to the public view on or from any Lot. Owners [nay advertise a dwelling unit and I.ot for rent or for sale by displaying a single, neat, reasonably sized vacancy sign or "For Sale" sign thereon. Signs advertising the trame of the builder and the name of the institution providing fitrancing therefor tray be displayed on a I.ot during cotvcttudion of the hnpmvemenis. bighted, moving or flashing signs for any purposes are prohibited. Directional signs may be used to give directions to traffic or pedestrians or give special instructions. Any directional or identification sign in the Subdivision shall be permitted, provided the same is approved by the ACC prior to itrstallation. SECTION 5.22. Subdividing. No Lot may be further subdivided, t-or may any easement or other interest therein less than the whole be conveyed by the Owner thereof without the prior wrinen consent of the ACC; provided, however, that twtlting herein shall be deemed to prevetrt an Owner fi+om transferring or selling any I.ot to more than one person to be held by them as tenat-ts in common, joint tenants, tenants by the entirety, or as community properly, or require the ...,..«.....~ ..Frt.e A /'`/'' rl,owf . i...,.t.t:r:..., r1.o ..~.,,.,>..~...v. of on :nc,m.:fr..~.M ..,.w:....lcl of a i rJ to tlw rkinwr of flw t H tvhirh aturtc cant mnvPVevt mrtinn fnr the (a) No fence shall be permitted to be constructed or installed on any portion of a bean censtrutxed by the Grantor in the Subdivision such that it exceeds the height of the fence installed by the Grantor as part of the landscape easement. (b) Fences shall not project beyond the from sctback of the principal Building on the Lot. No fence higher than six fect (6') shall be allowed without the prior approval of the ACC. (c) Good quality wood fences are acceptable. Side yard fences on comer lots shall be set back from the sidewalk a mit»mum of 10 feet with a landscaping border approved by the ACC. Heavy foliage and fences are not allowed to interfere with the vision triangle of traffic. (d) All fences shall be construted and installed and maintained in good appearance and condition at the expense of the Owner of the Lot on which they are located and all damaged fencing shall be repaired or replaced to original design, materials and color within a reasonable time after said damage occurs. (e) No fence shall interfere with the use and enjoyment of any easement reserved in this Master Declaration or shown on the recorded subdivision plat of the PropeRy. (f) No fence shall be allowed which would unreasonably interfere with the use and enjoyment of neighboring Lots and streets, and shall not be allowed if the same constitutes an undesirable, noxious or nuisance effect upon neighboring Lots. (g) All fences constructed or installed on the interior of a Lot, e.g. dog runs, etc., which are visible from an adjoining Lot or from any street shall be subject to prior approval by the ACC. SECTION 5.24. hri¢ation Water. Irrigation water is provided to each lot on a rotating basis; that is, irrigation water is not available to each lot on a constant basis. The Board in conjunction with the appropriate irrigation authordy shall establish the water rotation for each lot within VIENNA WOODS SUBDIVLSION. Lot owners are responsible for the maintenance of the subdivision's main irrigation pipe on their propeRy. The Grantor strongly recommends installation of a cleaning screen and, if a dual connetion is made, a otte-way check valve at each lot's cennedion to the subdivision system. The subdivision system is not foolproof and each homeowner is not guaranteed water continuously! The pressure irrigation system is the propeRy of the Vienna Woods Owners Association and such Association shall contract with qualified operation and maintenance companies or persons to manage the system. SECTION 5.25. Landscapine. The following provisions shall govern the landscaping of Lots within the Subdivision: (a) The owner shall prepare a landscape plan and shall submit two (2) copies of the same to the ACC as provided in ARicle XI, below, The ACC shall approve said landscape plan prior to the installation and/or construction of landscaping on a Lot. Landscaping of a Lot shall be in accordance with the approved plan. (b) The ACC shall consider overall design features of the improvements to be conctrircted on the Lot in reviewing and approving or disapproving the landscape plan. (c) The minimum landscaping requirements shall be as follows: (i) hutovative landscape design, including scarlptured planting areas, bem>s or other features with screening or bordering of foundations, fences ~f any), curbs and other similar elements of the improvements on the Lot. (ri) For front yards and side street yards (corner lots) the initial landscaping shall include, as a minimum, the following: sod and an automatic underground sprinkler system; two (2) deciduous trees of at least one and one-half inch (1 ~/z ") caliper and one (1) evergreen tree of at least five feet (5'); and six (6) fivegallon plants and twelve (12) orsgallon plants. This landscaping shall be installed within 30 days after the earlier of the following: ('i) substantial completion of the Build'utg on the Lots, or (ri) occupancy of the Building by the Occupant, with a reasonable extension for adverse weather conditions. ('iii) For side and rear yards the initial landscaping shall include, as a minimum, the following: sod, hydroseed or grass seed, and two (2) trams (deciduous or evergrecen). It is strongly recortunerrded that the side and rear yards also be irrigated by an automatic underground sprinkler system (see Section 5.13 Maintenance). This landscaping shall be installed within sixty (60) days after the earlier of the following: () substantial completion of the Building on the Lot, or (ri) oaupancy of the Building by an Occupant, with a reasonable extension for adverse weather conditions. (d) Additional landscaping may be required in addition to the above minimum requirements if the ACC, in its discretion, reasonably detennines necessary or desired to achieve project objectives. SECTION 5.26. Meridian Citv Sewer. All Lots within VIENNA WOODS are subject to and nstriaed by the following: 1) A montlily sewer charge must be paid after connecting to the Meridian City public sewer system, according to the ordinances and laws of Meridian City. 2} Owner shall submit to inspection by either the Public Works Depanntent of the Building DeparVrrent whenever a subdivided Lot is to be cemiecxad to the City's sewage system and a building is constructed or installed on or within VIENNA WOODS. 3) The Grantor hereby does vest in Meridian City the right and power to bring all actions against the owner of the premises hereby conveyed or any paR thereof for the cellection of any charges herein required and to enforce the conditions herein stated. This covenant shall run with the land. 4) The recording of the Plat by the Grantor shall be deemed and construed as a request for annexation of VIENNA WOODS to the cecporate limits of Meridian City. Such request and consent shall be binding on all subsequent purchasers or Owners within l IR!AT1T ~ IiTMT[. • Rules/ACC Standards shall be consistent with the provisions of this Master Declaration. SECTION 5.29. Exemation of Grantor. Nothing herein contained shall limit the right of the Grantor to subdivide or re-subdivide any Lot or portion of the Property or to grant licenses, reservations, rights-of-way or easements with respell to Common Areas to utility companies, public agencies or others; or to complete excavation, grading and Development to or on any Lot or other portion of the Property owned or controlled by the Grantor, or to alter the foregoing and its Development plans and designs, or comstnrct additional Improvements as the Grantor deems advisable in the cause of Development of the Subdivision. This Master Declaration shall not limit the right of the Grantor at any time prior to acquisition of title to a Lot by an Owner to establish on that Lot additional licenses, restrictions, reservations, rights-0f-way and easements to itself, to utility companies and to otters, as may from time to time be reasonably necessary. The Grantor need not seek or obtain ACC approval of any hnprovemer-ts constructed or placed within the Properly by the Grantor in connection with the Development of the Subdivision, but this exemption shall not apply to a Building(s) constnrcted by the Grantor on a Lot owned by the Grantor. The Grantor shall be entitled to the non-exclusive use, without charge, of any Common Area within the Subdivision in connection with the marketing of the Lots therein. ARTICLE VI. VIENNA WOODS OWNERS ASSOCIATION. INC. SECTION 6.01. Or¢anization of Association. The Owners Association, Inc. shall be organized by the Grantor as an Idaho non profit corporation and shall be charged with the duties and vested with the powers prescribed by law and set forth in its Articles of hncorporation, its By-Laws and this Master Declaration. Neither said Articles nor said By-Laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Master Declaration. SECTION 6.02. Sub-Association(s). Until completion of the Devebpment, the Grantor shall t-ave the sole and absolute right to create one of more Sub-Associations for purposes not inconsistent with this Master Declaration including, but cwt limited to, the following which shall be provided for in a Supplemental Declaration: (a) Acquire and improve any Lot, tract, parcel or portion of the Subdivision. (b) Promulgate nrles and regulations govervng Common Area owned by or under the control of the Sub-Association. (c) Determine the services, in addition to those furnished by the Association, which are to be furnished W or for the benefit of the Members of the Sub-Association. (d) Assess and certity to the Association for collection the Regular, Spetaal and Limited Assessments required to meet the estimated cash needs of the Sub-Association. The Articles of Incorporation, By-Laws, nrles, regulations and the Supplemental Declaration relating to aSub-Association shall not be inconsistent with the terms and provisions of this Master Declaration and any inconsistency shall be governed by this Master Declaration. Unless earlier consented to in writing by the Grantor, after completion of Development of the Subdivision, Sub-Associations may be formed by any Owner or group of Owners with the approval of the Board and by satisfying all necessary legal requirements including, but not limited to, the preparation, execution and recording of a Supplemental Declaration. Except as provided to the contrary in this Master Declaration or unless specifically provided to the contrary in the Supplenrerttal Declaration relating to a Sub-Association, the provisions of this Article shall be applicable to and shall regulate each Sub-Association. SECTION 6.03. Relationshia Between Association and Sub-Associations. It is the purpose and intent of the provisions of this Master Declaration that the Association shall be charged with and responsible for the management of all activities in the Subdivision including, in addition to all other duties and responsibilities set. forth herein, the following: (a) The approval of all rules and regulations of each Sub-Association and providing of assistance to aSub-Association in the enforcement thereof; and (b) The levy and collection of Assessments of each Sub-Association which have beery certified by the Sub-Association Board to the Association. Nothing herein contained shall ttstrict or prohibit aSub-Association from owning, in its own name, Common Area or other property related thereto, the use of which shall be restricted to Members of that Sub-Association. However, it is the intent of this Master Declaration that any such Common Area owned by a Sub-Association, the use and maintenance thereof and the activities of the Sub-Assaia6on, shall be consistent with and in fuNrerance of the Project Objectives and the terms and provisions of this Master Declaration to assure that the whole of the Subdivision is developed and approved as a quality residential community. SECTION 6.04. Members. Each Owner (mcluding the Grantor) of a Lot by virtue of being such an Owner and for so long as such ownership is maintained shall be a Member of the Association and no Owner shall have more than one membership in the Association, but shall have such voting rights as hereafter set forth. A membership in the Association shall not be assignable, except to the successor-in-interest of the Owner and a membership in the Association shall be appurtenant to and inseparable tram the I.ot owned by such Owner. A membership in the Association shall not be transferred, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the ttansferce of title to said Lot. Any attempt to make a prohibited transfer of a membership shall be void and shall not be reflected on the books of the Association. • Grantor. The Class B membership shall cease and be converted to Class A membership when r) the total votes outstanding in the Class A membership exceeds the total votes outstanding in the Class B membership, or (ri) January 1, 2020, whichever shall first oceur. SECTION 6.06. Board of Directors and Officers. The affairs of the Association shall be cenduded by a Board of Directors and such officers as the Directors may elect or appoint, in aceordance with the Articles and By-Laws, as the same may be amended from time to time. SECTION 6.07. Powers of Association. The Association shall have all powers of a non-profit corporation organized under the laws of the State of Idaho subject only to such limitations as are expressly set forth in the Articles, the By-Laws or this Master Declaration. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done under the Articles, By-Laws or this Master Declaration, and to do and perform any and all ads which may be necessary or proper for, or incident to, the proper management and operation of the Common Areas and the performance of other responsibilities including, but not limited to, the following: (a) Assessments. The power to levy Regular, Special and Limited Assessments on the Owners and/or Lots and 1o enforce payment thereof in accordance with the provisions of this Master Declaration. (b) Might of Enforcement. The power and authority from time to time in its own name, on its own behalf, or on behalf of any Owner(s) who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Articles, By-Laws, Master Declaration or ACC Rules/ACC Standards, and to enforce by mandatory injunction or otherwise, all provisions thereof. (c) Delegation of Powers. The authority ro delegate its power and duties to committees, oflioers, employees, or to any person, firirr or corporation to ad as manager. (d) Liability of Board Members and Officers. Neither any member of the Board nor any officers of the Association shall be personally liable to any Owner, or to any other party, for any damage, loss or prejudice suffered or claimed on account of any ad or omission of the Association, the Board, its officer, a manager or any other representative or employee of the Association, oc the ACC, provided that said Board Member, officer, manager or other person has, upon the basis of such information as was available, ailed in good faith without willful or intentional misconduct. (e) Association Rules. The power to adopt, amend, and repeal such rules and regulations as the Association deems reasonable. Such rules shall govern the use by Owners and Ooatpants or any other person of Common Areas and other propeRy owned or controlled by the Association; provided, however, Association rules shall not discriminate among Owners and shall not be inconsistent with the Articles, By-Laws or this Maser Declaration. A copy of Association toles as they may from time to time be adopted, amended or repealed, shall be mailed or otherwise delivered to each Owner and Oax-pant. Upon such tnailings said Association rules shall have the same force and effect as if they were set forth in and were part of this Master Declaration. hr the event of any cenffict between an Association rule and any provision of the Articles, By-Laws or this Master Declaration, the conflicting provisions of the Association rules shall be deemed superseded to the extent of any such inconsistency. (f) Emergency Power. The Association, or any person authorized by the Assoaation, may enter onto any L.ot or into any Building or other structure on a Lat in the event of any emergency involving illness or potential danger to life or property or when necessary in connection with any maintenance or construction for which it is responsible. Such entry shall be made with as little inconvenience to the Ocarpants as practicable and the Association shall repair any damage caused thereby unless said ettry was necessitated by a condition caused by the Owner or Occupant. (g) Licenses. Easements and Rights-of-Way. The power to grant and convey to any third party such licenses, easements, rights-of--way or fee title in, on, through, under or of the Common Areas as may be ttecessary or appropriate for the orderly maintenance, preservation and enjoyment thereof and for the preservation of health, safety, convenience and welfare of the Owners, for the purpose of censnrding, erecting, operating or maintaining: () Underground lines, cables, wires, cenduits and other devices for the transmission of any utility or other service. (ii) Public sewers, storm drams, water drains and pipes, water systems, sprinkling and irrigation water systems, water, heating and gas lines or pipes. (rii) Any similar public or quasi-pubfic improvements or facilities. (h) Fiscal Year. The Board shall have the right to elect a fiscal year for the Association instead of a calendar year for budget, Assessment and accounting purposes. SECTION 6.08. Duties of Association. In addition to the powers delegated to it by the Articles, By-laws and this Master Declaration, without limiting the generality thereof, the Association or its authorized agents, if any, shall have the obligation to conduct all business affairs of cemmon interest to all Owners and to perform each of the following duties: (a) Operation and Maintenance of Common Areas. Stred Lights. Elc. Perform, or provide for the performance of, the operation, maintenance and management of the Common Areas and Association properties including the repair and replacement of property or Improvements thercen damaged or destroyed by casualty loss and all other property owned by the Association including, but not limited to pathway Lots, landscaping buffers (berms), park areas, recreational facilities, pressurized irrigation facilities, the Nine Mile Crcek lot (Lot 1 of Block 2), and storm drain detention pond areas. Until annexed by Meridian City, the Association shall have the right to use, central and the responsibility to maintain the streetlights htstalled by the Grantor both ..1..«.. A...A.. n..A l9....e.d..le ...... A.. n.. ..,nll ..~ f1...nu vufl.:e. ViFHiATA WMTC following policies of insutartoe: ('i) Fire insurance, including those risks embraced by coverage of the type now known as the broad form "All Risk" or special extended coverage endorsement on a blanket agreement amount basis for the full insurable replacement value of all Improvements, equipment, fixtures and other property located within the Common Areas owned by the Association, including such equipment, fixtures and other properly not located in the Common Areas, if the same are used or necessary for the use of the Common Areas or easement anus under the control of the Association. (~) Comprehensive public liability insurance insuring the Association, the Board, officers, the Grantor and the individual Owners and agents and employees of each of the foregoing against any liability incident to the ownership and/or use of the Common Areas owned by the Association or easement areas under the control of the Association. The limits of liability of such coverage shall be as determined by the Board of I)'rrectors. (rii) Full coverage directors and officers liability insurance in an amount determined by the Board. (v) Such other insurance, including workmen's compensation insurance to the extent necessary to comply with aU applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association's functions or to insure the Association against any loss from malfeasance or dishonesty of any person charged with the management or possession of any Association fiords or other property. (v) The Association shall be deemed a trustee of the interests of all Owners in any insurance proceeds paid to it under such policies, and shall have full power to receive their interests in such proceeds and to deal therewith. (vi) htsurance premiums for the above insurance coverage shall be deemed a common expense to be included in the Regular Assessments levied by the Association. (vii) Notwithstanding any other provision herein to the contrary, the Association shall continuously maintain in effect such casualty, liability and other insurance and a fidelity bond meeting the insurance and fidelity bond requirements for PUD projects established by Federal National MoRgage Association ("FNMA"), the Government National Mortgage Association ("GNMA") and the Federal Home Loan Mortgage Corporation ("FHLMC"), so long as any of which is a Mortgagee ar Owner of a Lot within the Subdivision, except to the extent such ceverage is not available or has been waived itt writing by FNMA, GNMA or FHI.MC, as applicable. (e) Identification Sims. Maintain, repair and replace all perrnanerrt. entry and special identification signs for the Subdivision, whether the same is located within or without the boundaries of the Subdivision. (f) Rule Makin. Make, establish, promulgate, amend and repeal Association rules. (g) Architectural Control Committee. Appoint and remove members of the Architectural Control Committee, all subject to the provisions of this Master Declaration. (h) Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Master Declaration, as may be reasonably necessary to enforce any of the provisions of this Master Declaration and the Association rules. SECTION 6.09. Bud¢ets and Financial Statements. Financial Satemens for the Association shall be regularly prepared and copies distributed to each Member as follows: (a) A pro forma operating statement (budget) for each fiscal year shall be distributed not less than thirty (30) days after the beginning of each fiscal year. (b) Within ninety (90) days after the close of each fiscal year, the Association, or its agent, shall cause to be prepared and delivered to each Owner, a balance sheet as of the last day of the Association's fiscal year and an annual operating statement reflecting the inwme and expenditures of the Association for that fiscal year. ARTICLE VII. ASSOCIATION PROPFI2TIPS SECTION 7.01. Use. Each Owner of a Lot, his family, Gcertsees, invitees, lessees and contrail purchasers who reside on the Lot, shall be entitled to use the Association properties and the properties of any Sub-Association of which the Owner is a Member subject to the following: (a) Articles, Etc. The provisions of the Articles and By-Laws of the Association and any Sub-Association applicable to the Lot, this Master Declaration and applicable Supplemental Declaration and the piles, regulations and standards promulgated thereunder. Each Owner, in using the Association or Sub-Association properties, shall comply with the same. (b) Suspension of Riehts. The right of the Association or Sub-Assocation to suspend the rights to use properties owned by it (except roads and other means of access by an Owner) for any period during which any Assessment against that Owner's Lot remains unpaid; and for any infraction or published Hiles and regulations of the Association or Sub-Association. (c) Dedications. The right of the Association or Sub-Association to dedicate or transfer all or any part of propeRies owned by it to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed by the Boats, so long as said transfer does not diminish the security of the Mortgagees on any Lot or Comrtton Area in the Subdivision. (d) MortQaee or Conveyance of Common Area. Except as provided in subsection (c), above, rro poRion of the Common Area shall • Sub-Association, insurance proceeds to cwmpensate for damage and destmction shall be paid to the Association or the Sub-Association, as the case may be, and the recipient thereof shall thereafter determine what repair or reconstruction shall be undertaken. SECTION 7.04. Condemnation. If at any time any part of a Common Area or other property owned by the Association or any Sub-Association be taken or condemned by any public entity or sold or othervise disposed of m liar thereof, all compensation, damages or other proceeds shall be paid to the Association or the Sub-Association, whichever edify owns said property. Tile sapient of said payment shall then use all or a portion of the funds to pay obligations severed by any lien on the property taken and thereafter may determine to use the funds to () improve other properties of the Association or Sub-Association; (ri) acquire and/or improve additional properties for the Association or Sub-Association; or (iu) use such proceeds to reduce future assessments. ARTICLE VIII. ASSESSMENTS SECTION 8.01. Covenant to Pav Assessments. Each Owner hereby, and by acceptance of a deal w a Lot, covenants and agrees to pay when due all Regular, Special and Limited Assessments or charges made by the Association or aSub-Association of which the Owner is a Member. All such Assessments, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a charge on the Land and shall be a continuing lien upon the Lot against which each such Assessrnern is made, and shall be also the personal obligation of the Owner of such Lot at the time when the Assessment become due and payable, provided, however, that all ~tclt assessmens shall be junior and subordinate to the Gen of a first Mortgage or first Deed of Trust encumbering the Lot. The personal obligation for delinquent Assessments shall not pass to an Owner's successors in title unless expressly assumed by them. No Owner may waive or otherwise avoid liability for any Assessment by non-use of the Common Areas or by abandonment of his Lot. SECTION 8.02. Regular Assessments. Regular Assessments shall assessed on a calendar year basis unless otherwise determined by the Board. The Regular Assessments shall be based upon advance estimates of annual cash requirements as detennined by the Board for the rrraintenance and operation of the Common Areas and all easement areas, if any, controlled by the Association and for the performance by the Association of its other duties and responsibilities. Such estimates may include, but shall not be limited to, expenses of management, taxes and special assessments of local govenvnental units, premiums for all insurance which the Association is required or permitted to mairdain herarnder, landscaping and care of grounds, Gghturg, water charges, trash collection, sewerage charges, repair and maintenance, legal and accounting fees, and any deficit remaining fivm previous periods and the creation of a reserve, surplus and/or sinking fund(s). The initial aceourn set-up fee is $250.00 per Lot which shall be paid upon the conveyance of title to the Lot by the Grantor to an Owner, and thereafter the Regular (annual) Assessment per Lot shall be $250.1]0 per calendar year until changed by the Board. The Board may increase the dues by up to ten percent (10 %) per calendar year without prior notice to the Owners. SECTION 8.03. Soecial Assessments. In addition to Regular Assessments, the Association may levy at any time a Special Assessment payable over such period as the Board may deem appropriate for the following purposes: (a) To defray, in whole or in part, the cost of any construction or reco»strudion of hnprovements on a Common Area, unexpected repair or replacement of a Common Area or any facility located thereon or an easement area controlled by the Association, the furtrishing of a special service or services (other than those appropriate for a Limited Assessment), or for any other expenses incurred or to be incurred as provided in this Master Declaration. (b) To wre a deficit in the common and ordinary expenses of the Association for which Regular Assessments for a given calendar or fiscal year are or will be inadequate to pay, as determined by the Board. SECTION 8.04. Limited Assessments. In addition to Regular and Special Assessments, Owners shall pay Limited Assessmens as follows: (a) Marrrtenance and Repair. The Association shall have the power to incur expenses for rnairdenance and repair of any Lot or any hnprovements on a Lot, if such maintenance and repair is necessary, in the opinion of the Board, to protect. the Common Area or any other portion of the Property, and if the Owner of said L.ot has failed or refused to perforn said maintenance or repair within a reasonable time after written notice of the necessity thereof has been delivered by the Board to said Owner. The Board shall levy a Limited Assessment agamst the Owner of the Lot owned by said Owner to pay for the cast of such maintenance and repair, and any other cost or expense, including attorneys' fees, arising out of or incident to such maintenance and repair and the Assessment therefor. (b) Conection of Violations. In addition to maintenance and repair, the Board, upon certification fiom the ACC of the failure or refusal of an Owner to correct a violation of this Master Declaration or the ACC Rules/ACC Standards, shall have the power to correct any such violation on a Lot or any hmprovement on a Lot, arxi incur costs necessary in connexion therewith. The cost of such corrective action, together with interest, related expenses and attorneys' fees shall be assessed and collected as set forth in Article X of this Master Declaration. (c) Limited Purpose. The Association shall have the power to levy a Limited Assessment against Owners and Lots for any limited spestial purpose that the Board believes necessary with respect to certain Lots but not an appropriate expense for payment by the A ....,......~..... c..,.t. t :..,no.a A ~..e..~...e..~ ../...n «,.~ r.e ....,.re ...»:1 H.e ll..,..e.c ,.f ca:.i i me c„h:nN ihnmtn have Kann rtiaran an • Assessment has been approved by the Sub-Association Board shall be submitted to the Board. The certification shall contain the following: (i) a description of the type of Assessment to be levied and collected; (u) the name and address of Ure Owner and the legal description of each Lot to be assessed; (rii) the amount to be levied and collected from each Owner; and (v) the term of said levy and the due dates for the payment thereof by the Owners affected. The due dates may be adjusted by the Board to conform the same to the due dates of the Assessments of the Association for the purpose of achieving efficiency and economy in preparing and mailing statements and notices and collection. (c) Upon compliance with the foregoing, the Board shall levy the Assessment so certified in accordance with the terms of the certification in the same manner as levies for Assessments of the Association. Any levy made by the Association on behalf of a Sub-Association pursuant to a proper certificaton shall have the same force and effect as a levy made by the Association. (dj The Association, upon receipt of funds paid pursuant to a levy certified by aSub-Association, shall deposit such funds as received in the separate account of the Sub-Association, as designated by the Sub-Association. SECTION 8.06. Commencement of Regular Assessmetts. Regular Assessments of the Association against each Lot shall commence on the date the Grantor conveys title to the Lot to an Owner. Provided, however, that any Lot owned by the Grantor may be assessed a Regular Assessment not exoceding ten percent (10 %) of the amount assessed against Lots owned by other Owners. If the Grantor pays all or any portion of the expenses of the Association in excess of Ure amount assessed to Lots owned by the Grantor, such excess amounts so paid shall censtidrte a prepayment of Assessments (Regular and Spacial) to become due and payable on the Lots owned by the Grantor within the Subdivision; provided that unless such excess amounts so paid by the Grantor are paid pursuant to a written agreement with the Association to the contrary, the Grantor shall not be entitled to reimbursement in cash of any such Assessmenrt credit nor shall such credit inure to an Owner purchasing a Lot from the Grantor, unless such person is the successor to substantially all of the itterest of the Grantor in the Property. Nothing herein contained shall obligate the Grantor to pay any Assessment with respect to a Lot within a separately platted phase or subdivision within the Subdivision in which the Grantor owns all of the Lots. SECTION 8.0'7. Uniform Rate of Assessment. Except as expressly provided to the contrary in this Master Declaration, Regular and Special Assessments of the Association shall be fixed at a uniform rate for all Lots. SECTION 8.08. Assessment Due Date. The due dates for Regular, Special and Limited Assessments shall be the first day of the first month of each calendar quarter, unless some other due date is established by the Board. Each installment of an Assessment shall be delinquent if not paid within fifteen (15) days after the due date thereof. Nothing herein contained shall prohibit the Board firnn requiring that Special or Limited Assessments be paid in a lump sum instead of installments. SECTION 8.09. Interest and Penalties. Any Regular, Special or Limited Assessment levied by the Association on Lots, if not paid when due, shall bear interest at an annual rate as shall be set by the Board fiom time to time, or if none is so set, at an annual rate of twelve percent (12%). Such interest shall commence on the date the Assessment becomes due and payable. In addition to the interest charge the Board may, in accordance with rules and regulations promulgated by it, impose additional fines or charges for the failure of an Owner to timely pay any Assessment when due. The right of the Board to charge interest or impose additional fines or charges shall be in addition to, and not in lieu of, any other right of enforcement or sanction available to the Board in the event of non- payment of an Assessment. SECTION 8.10. Estoyoel Certificate. The Association, upon not less than twenty (20) days prior written request, shall execute, acknowledge and deliver to the pally making such request a statement in writing stating whether or not to the knowledge of such Association, a particarlar Owner is in default under the provisions of this Master Declaration and further stating Ue dates to which Assessments have been paid by said Owner, it being intended that any such certificate delivered pursuant to this Section may be relied upon by any prospective purchaser or Mortgagee of said Lot, but reliance on such certificate may not extend to any default as to which the signer shall have had no actual knowledge. The Association shall have the right to charge a reasonable fee for the certification herein provided. SECTION 8.11. Notice and Ouonrm Requirements. Notwithstanding anything to Ure contrary oontaitred in eiUrer the Articles or the By-Laws of the Association, written notice of any meeting called for the purpose of levying a Spacial Assessment or a Limited Assessment described in Section 8.04, above, shall be sent to all Owners subject to Ure levy of such Special or Limited Assessments not less than ten (10) nor more than fifty (50) days in advance of the meeting. The presence of Owners or of proxies entitled to cast sixty percent (60%) of the total votes of each class of Members of the Association subjeci to Ure levy of such Special or Limited Assessmem shall constitute a quonun. If the required quorum is twt pr+eserrt, Ute erecting may be rescheduled by Ure Board for a date not later than sixty (60) days after the date of initial meeting and at Ure rescheduled meeting Ure presence of Owners or of proxies entitled to caA ten percent (1046) of the total votes of each class of Members shall constitute a quorum. No written notice of the rescheduled meeting shall be required, nor shall there be any time requirement for holding the rescheduled meeting. ARTICLE IX. ENFORCEMENT OF ASSESSMENTS SECTION 9.01. Right to Enforce. The right to collect and enfot payment of the Assessments made by the Association including the Assessments made and certified by aSub-Association) is vested in the Association. Each Owner of a Lot hereby agrees to the enforcement of the payment of all Assessments in the manner herein provided. hi the event an attorney is employed for the collection of an Assessment, whether by suit or otherwise, or 1o enforce compliance with or specific perfornrance of any of the terms and conditions of this Master Declaration, the Owner against whom such enforcement is sought shall pay reasonable other liens. SECTION 9.03. Notice of Assessment. If an Owner fails to pay an Assessment wiUtirr thirty (30) days of its due date, the Association shall prepare a written Notice of Assessment setting forth the type of Assessment, the amount of the Assessment, the due date thereof, including the amount and due date of installments (if the same are permitted), the amount remaining unpaid at the time of tiling, the name of the record Owner of the Lot and a legal description of the Lot. Such Notice shall be signer by the President and Secretary of the Association, acknowledged by a Notary Public and recorded in the office of the Ada County Recorder. At such time as a delinquent Assessment that is described in the Notice is paid, the Association shall prepare and record a Notice of Satisfaction with respell thereto. SECTION 9.04. Enforcement. Upon the failure of an Owner to pay an Assessment in atxordance with its temrs, the Gen for Assessment herein created may be enforced by sale by the Association, such sale to be conducted in the manner provided by law in Idaho for the exercise of the power of sale in 13eeds of Trust or in any other manner permitted by law elected by the Board. Tn any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, including all reasonable attorneys' fees. All such costs and expenses shall be severed by the Gen being foreclosed. The Owner shall also be required to pay to the Association any Assessments against the I.ot that become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire and thereafter hold, convey, lease, rent, encumber, use and otherwise deal with and in said Lot as the Owner thereof. SECTION 9.05. Notice Rewired. Notwithstanding anything to the contrary contained in this Master Declaration, no action may be brought to foreclose the lien for any Assessment, whether by power of sate or otherwise, until the expiration of thirty (30) days after written Notice of Default has been deposited in the United States mail, certified or registered mail, postage prepaid, return nroeipt requested, addressed to the Owner of the Lot described in such Notice at the last known address of the Owner as shown on the books and records of the Association. Said Notice shall specify the amount and due date of the unpaid Assessment(s) and the legal description of the Lot. SECTION 9.06. Reporting. The Association shall provide a Mortgagee with a copy of a Notice of Default served on an Owner under Section 9.05, above. The duty to give such Notice shall arise only after said Mortgagee furnishes to the Association written notice of a Mortgage (or Deed of Trust) which shall contain the following: (a) The name and address of said Mortgagee; (b) A legal description of the Lot subject to Uie Gen of the Mortgage by I.ot, Block and Subdivision; (c) The name and address of the Owner; (d) The date the Gen of the Mortgage was filed of record in Ada County, Idaho, and the instrument number thereof; (e) The maturity date of the obligation secured by said Mortgage Gen; (t) A copy of a title insurance report evidencing that the Mortgagce is Uie holder of a first Mortgage or the beneficiary of a first lhed of Trust; (g) The signature of the Mortgagee or authorized agent. In the event the Association shall be required to notify a Mortgagee as herein provided, the Association shall assess the Owner who is delinquent the sum of $25.00 as a reasonable charge for such notification and such charge shall be a cent of collection secures by the Assessment Gen described in Section 9.02, above. The charge for such notifica&on shall be subject to change by the Board. SECTION 9.07. Term of Assessment. Unless sooner satisfied and released or the enforcement thereof initiated as provided in this Article, the Gen for any Assessment levied under this Master Declaration or any applicable Supplemental Declaration shall expire and be of no further force or effect after a period of five (5) years from the later of ~) the date of said Assessment, or (ri) the date the last installment thereof is due and payable. Provided that the expiration of the Gen as provided herein shall not release an Owner from the personal obligation to pay any Assessment. SECTION 9.08. Non-Exclusive Remedy. The remedies set forth in this Article or elsewhere in this Master Declaration shall not be dcemed to be an exclusive remedy and the Association may pursue all other remedies available at law or in equity. ARTICLE X. SUB-ASSOCIATIONS SECTION 10.01. Creation. The Grantor shall have the right to create Sub-Associations as Idaho non-profit corporations. Each such Sub-Association shall have all power, rights, obligafions, responsibilities and duties and be subject to all of the same limitations and restrictions as are specified in this Master Declaration with respect to the Association, except for such differences, requirements or limitations as are expressly set out in this Master Declaration and/or the applicable Supplemental Declaration and such changes as the Grantor may deem appropriate as a result of the different and specific Common Areas being owned, maintained and managed by such Sub-Associations, which changes shall be sct forth in a Supplemental Declaration. SECTION 10.02. Voting. Each Sub-Association shall have the two (2) classes of voting membership and the voting rights shall be as specified for the Association in Section 6.05, above. ARTICLE XI. ARCHITECI'[JRAL CONTROL CObA4TITEE SECTION 11.01. Members of the Committee. The Arclriteaural Control Committee shall be comprised of at least three (3) persons, all of whom shall be appointed as herein provided. A member of the ACC shall hold office until he has resigned or has been removed, but in any event, until said Member's successor has been appointed. Members of the ACC may be removed at any time, with or without cause. SECTION 11.02. Aooointment. So long as the Grantor owns any Lot or parcel within the Property, the Grantor shall have the sole right to appoint and remove all members of the ACC. Thereafter, all members of the ACC shall be appointed or removed by the Boatel. The ACC shall have the right by a resolution in writing unanimously adopted, to designate one (1) of its members to take any acxion or perform any duties for and on behalf of the ACC. )n the absence of such designation, the vote of any two (2) members of the ACC shall constitute an ad of the ACC. SECTION 11.03. Comnensation. The members of the ACC shall not receive any compensation for services rendered, but shall be reimbursed for actual expenses incurred by them in the perfom~ance of their duties hereunder. SECTION 11.04. Non-Liabiliri. Neither the ACC, or any member thereof, or the Grantor or any parvter, officer, employee, agent, successor or assign thereof, shall be liable to the Association, any Owner or any other person for any loss, damage or injury arising out of or connected with the performance by the ACC of its duties and responsibilities by reason of a mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve an application. Every person who submits an application to the ACC for approval of plans and specifications agrees, by submission of such an application, and every Owner or Ocarpant of any Lot agrees, by acquiring title ther~o or an interest therein, not to bring any action or suit against the Association, the ACC, or any member thereof, or the Grantor or any officer, partner, employee, agent, successor or assign thereof to recover such damages. SECTION 11.05. Aoaroval Reouired. No construction, alteration, modification, removal or destruction of any Improvements of any nature whatsoever, whether real or personal in nature, shall be initiated or be pemtitted to continue or exist within the Subdivision without the prior expoess written approval of the ACC. SECTION 11.06. Variances. The ACC may authorize variances from compliance with the requirements of any cenditions and restrictions contained in this Master Declaration, the ACC Rules/ACC Standards, or any prior approval when, in the sole discretion of the ACC, circumstances such as topography, natural obstructions, aesthetics or environmental considerations or hardship may so require. Such variances must be evidenced in writing signed by at least two (2) members of the ACC. If a variance is granted as provided herein, no violation of this Master Declaration, ACC Rules/ACC Standards or prior approval shall be deemed to have occurred with respecR 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 Master Declaration or the ACC Rules/ACC Standards for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. The ACC shall have the right to consider and grant a variance as herein provided either with or without notice to other Owners or a hearing of Owners thereon. The granting of a variance by the ACC pursuant to this Section shall not relieve the Owner from the obligation to fully comply with the applicable ordinances of Meridian City, Idaho. SECTION 11.07. Annlication. To request ACC approval for the consUtction, alteration, modification, removal or demolition of any Improvements within the Property, the Owner shall submit a written application in a form required by the ACC which must be signed by the Owner and contain all infomration requested and be aa:ompanied by all other material to be submitted as hereafter provided. All applications must contain, or have submitted therewith, two (2) copies of each of the following (collectively called "plans and speafications") prepared in accordance with acceptable arohitectural standards and submitted with the application form, if any, approved by the ACC: (a) Site Plan. A site plan showing the location of the Building(s) and all other strucurres and hnprovemaVs including fences and walls on the Lot, Lot drainage and all set backs, curb cuts, driveways, parking areas and other pertinent information relating to the Improvements. (b) Buildin¢ Plan. A building plan which shall consist of preliminary or final bhreprints, elevation drawings of the north, south, east and west sides, and detailed specifications which shall indicate, by sample if required by the ACC, all exterior colors, materials and finishes, including roof, to be used. (c) Landscape Plan. A landscape plan for portions of the Lot to be landscaped which shall show the location, type and size of trees, plants, ground cover, shrubs, betming and mounding, grading, drainage, sprinkler system, farces, freestanding exterior lights, driveways, parkutg areas and walkways. (d) Evidence of Cost. Such evidence of the cost of the Impmvanatts as shall be satisfatxory to the ACC to assure compliance with the requirements of Section 5.02 of this Master Declaration. The ACC may, in its discretion, require the Owner to furnish additional specifications, drawings, material samples or such other information as the ,.,.t,. a:..,,......,.« ........,.«..u.. e.,«.,.,...e,t ..t..,u am... «e,.o~...,.., ,....,....,o...a.,t F . X60 ....«...~a of n~~ictina the. ACr` in revietvina arvt nnrvccino the • i A conditional approval shag set forth with particularity the conditions upon which the application is approved and the Owner shall be required to affix a copy of said conditions to the working drawings or blueprints which are to be kept on the job site during the entire course of the work to which said plans relate. A denial of an application shall state with pattiarlarity the reasons for such denial. SECTION 11.09. htsoedion and Comnlaints. The ACC is empowered to inspect all work in progress on any Lot at any time. Such inspection shall be for the purpose of determitring whether the Owner is proceeding in accordance with the approved application or is deviating therefrom or is violating this Master Declaration or the ACC Rules/ACC Standards or the approved plans and specifications. The ACC is empowered to receive from other Owners ("Complainant") complaints in writing involving deviations from approved applications or violations of this Master Declaration or any applicable ACC Rules/ACC Standards. >n the event the ACC receives such a complaint from a Complaisant, it shall first detemtine the validity of such complaint by inspection or otherwise. Should the ACC detemvne that there has been a deviation or a violation, it shall promptly issue a notice in writing thereof to the Owner and to the Complainant, which notice shall specify the particulars of the deviation or violation and shall demand that the Owner conform to either or both of the following directives: (a) The Owner shall immediately cease the activity which constitutes a deviation or violation. (b) The Owner shall adhere to the corrective treasures sct forth in the written notice. Should the ACC determine there has been no deviation or violation, it shall promptly issue a notice of such determination to the Owner and the Complainant. SECTION 11.10. Hearing. An Owner submitting an application under Section 11.07, above, or served with a written notice of deviation or violation, or a Complainant shall have the right to request and be heard at a hearing held by the ACC for the purpose of presenting fads and information to the ACC. Such pasty must request such hearurg within ten (10) days from the date the written notice of the decision of the ACC is mailed to the Owner (and Complainant) as evidenced by the records of the ACC. The hearing shall be held within ten (]0) days following receipt by the ACC of the request for a hearing, unless the ACC shall extend said period of time because of the unavailability of ACC members. A hearing may be continued by the ACC for the purpose of further investigation or to receive additional evidence. Upon completion of the heating, the ACC shall issue a written opinion to the involved parties within ten (10) business days thereafter which opinion shall set forth the findings of the ACC with respell to the matters at issue and shall affitnt, modify or rescind its previous decision as contained in the original written notice. If the ACC irtcuts any costs or expenses in connection with the investigation, pt+ocessing or heating on a matter involving a deviation or violation, including the costs of retaining a consultant(s) to advise the ACC and legal fees, such msts shall be paid by the Complainant unless an Owner is found to be th violation, in which event such Owner shall pay all such costs. The payment of such costs shall be enforceable as provided in Section 11.12, below. SECTION 11.11. Aapeal. Either an Owner or a Complainant shall have the right to appeal to the Board a decision of the ACC on an application with respell to the conditions imposed thereon or a denial thereof, or a decision of the ACC adverse to the Owner or the Complainant reached following a hearing held pursuant to Section 11.10, above, provided, however, that neither an Owner nor a Complainant shall be entitled to such an appeal with respell to deviations or violations unless said Owner or Complainant has patticlpated in the ACC hearing. A notice of appeal shall be in writing and shall be delivered by mail to the Secrctary of the Board within ten (10) days from the date of the decision by the ACC. Said notice of appeal shall be dated and shall contain the name of the Owner and the Complainant, if any, and a copy of the written decision or determination of the ACC. The failure of an Owner or Complainant to appeal a decision of the ACC in the manner and within the time herein provided shall temtinate all rights of said Owner or Complainant to appeal said decision and it shall be binding and enfot+ceable. The Board shall fix a date for the hearing of such an appeal which date shall be no later than ten (10) days from the date of receipt of a notice of appeal unless extended by the Board because of the unavailability of Board tttembers. The Owner and Complainant, if any, shall be advised of the time and place of the hearing by a mailed written notice. Written notice of time and place for hearing shall also be served by mail upon each member of the ACC. The Boatel may require the Owner or Complainant to provide additional information to facilitate the Board's decision and the failure of such patty to compiy promptly with such a request shall entitle the Board to deny the appeal, in which event the decision by the ACC shall be considered final and not subject to further appeal. At the hearing the Owner, Complainant, if any, and the ACC, together with their representatives and other witnesses, shall present their position to the Board. The order of presentation and the evidence to be admitted shall be solely within the discretion of the Board provided, however, that the Owner, the Complainant, if any, and the ACC shall have the opporntnity to question and cross-examine witnesses presented by the other. The Owner, the Complainant, if any, and the ACC will have the opportunity to present final argument consistent with toles adopted by the Board for such hearing process. Any patty may be represented by an attorney at any hearing by the ACC or the Boats. Upon t~eiving all of the evidence, oral and documentary, and following the conclusion of the hearing, the Board shall retire to deliberate and shall .........e ....a a~,.e w~e._..:.,o.t i.., .tee n....«i .,. ..,1.:..1, .:..,e r/.o A....«i ~I,en ...,ter :rte ..ASr:ul hn14.f snA tlw ~laricinn eh~ll M r1,dv nrn,rlevi in Ihr mim,tr_c of i • SECTION 11.12. Enforcement. The ACC, upon approval by the Board, shall be authorized on behalf and in the name of the Association to commence such legal or equitable proceedings as are determined by it to be necessary or proper to wmact or enjoin any activity or condition existing within the Property, the continuation of which violates the provisions of this Master Declaration, the ACC Rules/ACC Standards or the approved plans and specifications. The ACC shall not commence such legal or equitable proceedings until a written notice of the deviation or violation has been appropriately prepared and given to the Owner but thereafter the ACC shall have the sole discretion to commence such proceedings. The authority of the ACC as herein provided shall include the power to retain legal counsel and expert witnesses, pay filing fees, deposition costs, witness fees and all other ordinary and necessary expenses incurred in cemmencing and carrying out said legal or equitable proceedings, all of which costs shall be paid by the Association. Tn the event the ACC andJor Association shall prevail in any such legal or equitable proceedings, all costs and expenses inarn+ed in connection therewith including, but not limited to, attorneys' fees shall be reimbursed to the Association by the Owner against whom said proceedings are filed and upon the failure of said Owner to reimburse the Association within five (5) days after writtexi demand therefor is mailed to the Owner, the Association shall have the right to levy a Limited Assessment against the Owner and the Lot owned by the Owner which Assessment shall be equal to said costs and expenses incurred plus any additional costs and expenses incurred in levying the Assessment. Said Limited Assessment shall be due and payable at such time or in such installments as may be determined by the Board, in its sole discretion. The failure of tbe Owner to pay said assessments, or any installment thereof when due, shall be enforceable in the manner provided in Article IX, above. SECTION 11.13. Additional Damaees. in addition to the costs and expenses to be reimbursed by the Owner or the Complainant, all other costs, expenses and damages determined by the Board to be proximately caused by the deviation or violation or the costs and expenses incun+ed by the Association to correct the same shall be assessed as a Limited Assessment against the Owner and the Lot owned by said Owner, or the Complainant and the Lot owned by the Complainant, as the case may be, which Limited Assessment shall be due and payable at such tirrre or in such installments as determined by the Board, in its sole discretion. The right of the Board to enforce said Limited Assessment shall be the same a provided in Article IX, above. SECTION 11.14. Non-Exclusive Remedy. The right of the Association to levy a Limited Assessment as described in Sections 11.12 and 11.13, above, shall not be deemed to be an exclusive remedy of the Association and it may, in its sole discretion, without waiver of any other legal or equitable remedy, pursue enforcement of the lien of said Limited Assessment(s), proceed to tolled any amount due directly from the Owner and/or pursue any other remedies available at law or in equity. SECTION 11.15. Private RiShts. The Association shall not have the right to mediate or litigate private disputes between Owners where there is a legal or equitable remedy available to resolve said dispute when, in the sole discretion of the Board, the interests of the Association or a substantial number of the Owners would not be benefitted thereby. ARTICLE XII. ANNIXATION SECTION 12.01. Annexation. Additional property may be annexed to the Subdivision and brought within the provisions of this Master Declaration by the Grantor, at any time, without the approval of any Owner or the Association. To annex additional property to the Subdivision, the Grantor shall r+eoord an amendment to this Master Declaration which shall specify the anr~xation of the additional property to the Subdivision and which may supplement this Master Declaration with addition or different covenants and restrictions applicable to the annexed property, as the Grantor may deem appropriate, and may delete or modify as to such annexed property such covenants as are corrtained herein which the Grantor deems not appropriate for the annexed property. Upon such annexation, the Owners of the Lots within the annexed property shall become members of the Associafion with all rights, privileges and obligations as all other members. The amendment of this Master Declaration as authorized by this Section, to annex additional property to the Subdivision, shall be controlled by the provisions of this Section and shall be expressly excluded from the requirements of Section 14.02 of this Master Declaration. SECTION 12.02. De-Annexation. The Grantor shall have the right to delete all or a portion of the Property fivm the coverage of this Master Declaration and the jurisdiction of the Assoctiation, so long as the Grantor is the Owner of all of the property to be de-annexed and, provided furU~er, that an appropriate amendment to this Master Declaration is recorded in the office of the Ada County Recorder. ARTICLE J~IIII. PROTECTION OF MORTGAGEES SECTION 13.01. Purpose. Notwithstanding any and all provisions of this Master Declaration to the contrary, to induce the Federal Home Loan Mortgage Corporation ("FHLMC"), the Government National Mortgage Association ("GNMA"), the Federal National Mortgage Association ("FNMA"), the Federal Housing Administrafion ("FHA") and the Veterans Administration ("VA") to participate in the financing of the purchase of Lots within the Subdivision, the provisions of this Article are added thereto. To the extent the following Sections of this Article centlid with any other provisions of this Master Declaration or the provisions of any Supplemental Declaration, this Article shall control. ~ ~ performance of such Owner's obligations under this Master Declaration and under any Supplemental Declaration applicable to the Lot, the Articles or the By-Laws of the Association (hereafter collectively referred to as "Project Documents"), which default is not cured within thirty (30) days after the Association has notice of such default. SECTION 13.05. Exemvtion From Prior Assessments. Each Mortgagee which comes into possession of a L.ot by virtue of foreclosure or otherwise shall take title to such Lot free from any claims for unpaid Assessments and charges against the Lot which acave prior to the time such Mortgagee comes into possession, except for claims for a share of such assessments or charges resulting from a reallocation thereof to all Lots, including the mortgaged Lot. SECTION 13.06. Chances Rewiring Unanimous AoDroval. Without the prior unanimous approval of all Mortgagees of Lots within the Subdivision, neither the Association nor the Owners shall: (a) By ad or omissions seek to abandon, partition, subdivide, encumber, sell or transfer the Common Areas which are owned, directly or indirectly, by the Association, provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Areas by the Association shall not be deemed a transfer within the meaning of this Section. (b) Change the ratio of Assessments or method of detennining the obligations, Assessments, dues or other charges which may be levied against any Owner or the method of allocating distributions of hazard insurance proceeds or condemnation awards. SECTION 13.07. Restrictions on Other Changes. Without the prior written approval of at least seventy-five percent (7596) of the Mortgagees holding Mortgages on Lots within the Subdivision, neither the Association nor the Owners shall: (a) By ad or omission change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design of the exterior appearance of Improvements on Lots within the Subdivision, the exterior maintenance of said Improvements or the manrtenance and upkeep of landscaping within the Subdivision. (b) Fail to maintain fire and extended ceverage 'v>surance on insurable Improvements within the Comrrwn Areas on a waent replacement cent basis in an amount Trot less than one hundred percent (10096) of the insurable value (based on current replacement cest); (c) Use hazard insurance proceeds for losses ocatrring within the Common Areas for any purpose other than the repair, replacement or recenstnction thereof. (d) Abandon or terminate the covenants, cenditions, restrictions and easements of this Master Declaration or any Supplemental Declaration. (e) Make any material amendment to this Master Declaration or any Supplemental Declaration or to the Articles or By-Laws of the Association or any Sub-Association. SECTION 13.08. Right to Irtsixct Books, Etc. Mortgagees, upon written request, shall have the right to (i) examine the books and records of the Association during normal business hours; (ri) require from the Association the submission of audited annual financing reports and other financial data; (ru) receive written notice of all meetings of Owners; and (v) designate in writing a representative to attend all such meetings. SECTION 13.09. Notification of Damage. Upon the Board receiving notice of any damage to the Common Area or any l.ot wherein the cost of repair, replacement or reconstruction exceeds Ten Thousand Dollars ($10,000.00) or notice of any cendemnation or eminent domain proceedings or other similar involuntary acquisition of any portion of the Subdivision, the Board shall give to each Mortgagee which has filed with the Board a written request for notice, prompt written notice of said damage or condemnation. SECTION 13.10. Right to Pay Charees. Mortgagees may pay taxes or other charges which are in default and which may or have become a charge against any Common Area and may pay any overdue premiums on hazard insurance policies covering said Common Area and said Mortgagees making such payments shall be entitled to immediate reimbursement therefor from the Association. SECTION 13.11. Fidelity Bond Rewired. The Board shall secure and caused to be maintained in force at aU times a fidelity bond for any person or entity handling funds of the Association. SECTION 13.12. Lessee's Obligations. Any agrecrnerrt for the leasing or rental of a Lot, including amont-to-moruh rental agrecement, shall provide that the terms of such agreement shall be subject to the provisions of the Project. Documents. All such agreements shall be in writing and shall provide that any failure by the lessee to comply with the terms of the Project Doauments shall be a default under the leasing or rental agreement. SECTION 13.13. Liability for Taxes. All taxes levied and assessed on the Common Areas must be assessable against those Common Areas oNy and the Association and/or any Sub-Association shall be solely responsible for tl~ payment thereof. SECTION 13.14. Waiver of Liability and Subrogation. Any provision in this Master Declaration which requires Owners to indemnify the Association, a Sub-Association, the Board or the Sub-Association Boats or other Owners against ads of the indemnitor is subject to the exception that if the liability, damage or injury is covered by any type of insurance and proceeds are actually paid to the insural by reason thereof, the indemnitor is relieved of Lability to the extent of insurance proceeds so paid. ~ ~ SECTION 13.17. Consent to Release of Infomtation by Mort¢a¢ee. Mortgagees are hereby authorized to furnish infonnafion to the Boatel concerning the status of any Mortgage enarmbering a Lot and each Owner of a Lot encumbered by such a Mortgage hereby consent thereto. SECTION 13.18. Restricted Aoolication. It is expressly provided that the terms, conditions and provisions of this Article shall not be operative or in force and effect unless and until FI-II.MC, FNMA, GNMA, FHA or VA purchases, grantees or insures a Mortgage on a Lot within the Subdivision and then only to the extent the same are required by said purchaser, guarantor or insurer. In the event the standards and guidelines of FHLMC, FNMA, GNMA, FHA or VA do not require, as a condition of approval of the Subdivision as a qualifying subdivision, the inclusion of one or more of the provisions of this Article, said non-required provisions shall be of no further force or effect. ARTICLE XIV. MISCELLANEOUS SECTION 14.01. Term. This Master Declaration and all covenants, Conditions, restrictions and easements contained herein shall run until December 31, 2030, untess amended as hereafter provided. ARer December 31, 2030, said covenants, conditions, restrictions and easements shall be automatically extended for successive period often (10) years each, unless extinguished by a written instrument executed by the Owners of at leastthree-fourth (3/4) of the Lots covered by this Master Declaration and such wriUen indnrment is recorded with the Ada County Recorder. SECTION 14.02. Amendment. This Master Declaration may be amended as follows: (a) By Grantor. Until title to a Lot within the Subdivision is conveyed by the Grantor to an Owner, this Master Declaration may be amended or terminated by the Grantor by recordation of a written instrument signed by the Grantor and acknowledged setting forth such amendment or ternvnation. (b) By Owner. Except where a greater percentage is required by an express provision in this Master Declaration, the provisions of this Master Declaration, other than this Section, may be amended by an insWment in writing, signed and acknowledged by the President and Secretary of the Association, certifying that such amendment has been approved by a vote or written consent of Owners, excluding the Grantor, owning at least two-thirds (2/3rds) of the Lots covered by this Master Declaration and the Grantor so long as the Grantor owns a Lot within the Subdivision, and such amendment shall be effective upon its recordation with the Ada County Recorder. Any amendment to this Section 14.02 shall require the vote or written consent of the Owners, including the Grantor, of two-tltirds (2/3rds) of the Lots covered by this Master Declaration. SECTION 14.03. Sewer Covenants. The following covenants shall run with each Lot and any Common Area affected thereby and shall be binding upon each Owner of a Lot and all occupants of any Improvements constncted on a Lot: (a) No Lot may be used or occupied for any allowed use unless the same is connected to the public sewerage collection system constructed and installed within the Property. (b) All sewer hook-up fees payable 1o the municipality havurg jurisdiction and control over the Lot shall be paid at the trtrre of construction of the Improvements thereon and the connection thereof to the public sewerage collection system, said sewer hook up fees to be paid at such time and in such amount as shall be required by the ordinances and regulations of the municipal entity having jurisdiction thereof. (c) A monthly sewerage charge shall be paid to the municipal entity having jurisdiction thereof, or its designee, after connection to the public sewerage collection system in accordance with the ordinantces and regulations of said munilpal enmity. (d) All sewer service lines connected to the sewerage collection system construcxed and installed by the Grantor in the Property shall be constricted in accordance with all applicable codes and regulations and shall be inspected as required by the governmental entity having jurisdiction thereof to assure a minimum of infdtration from said service line into the sewerage collection system. (e) The Grantor shall provide access, satisfactory to the govemmental entity having jurisdiction thereof, for sewer leaning equipment to all sanitary sewer manholes located outside of public right-of-way. (f) The Grantor and each Owner of a Lot hereby authorizes the governmental enmity having jurisdiction thereof, or its designee, to bring any action it deems r-ecessary or required for the collection of any fees or changes due said enmity for sewer service connected or monthly sewer changes and/or to otherwise enforce any of the obligations respecting the connection to the public sewerage collection system or use thereof as provided in this Senxion. SECTION 14.04. Books and Records. All books, records and minutes of the Board and all other books and rcoords maintained by the Association shall be made available for inspection and copying by any Owner or by his duly authorized reptesentadve, at any reasonable time and for a purpose reasonably related to his interest as a member in the Assolation, or at such other place and time as the Board shall prescribe. SECTION 14.05. Non-Waiver. The failure of the Grantor, the Board or any Owner in any one or more instances to insist upon the strict performance of any of the covenants, conditions, restrictions, easements or other provisions of this Master Declaration or to exercise any right or option contained herein, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such covenant, condition, restriction, easement or other provision, but the same shall remain in full force and effect. the Board or the ACC approves such settlement and reimbursement as being in the best interest of the Association or Owners. This Section shall extend to and apply also for the indemnification of the Grantor during the initial period of operation of the Association or prior thereto during the period the Gratrtor is exercising the powers of the Association. SECTION 14.08. Notices. Any notice pemuued or required to be delivered as provided in this Master Declaration shall be in writing and shall be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after the same has been deposited in the United States mail, postage prepaid, properly addressed. SECTION 14.09. Interpretation. The provisions of this Master Declaration and any Supplemental Declaration shall be liberally construed to effectuate the Project Objectives set forth in Article IV, above, and shall be construed and governed by the laws of the State of Idaho. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall include the masculine, feminine or neuter. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not affect that which is set forth in any of the provisions hereof. SECTION 14.10. Severability. Notwithstanding the provisions of the preceding Section, each of the provisions hereof shall be deemed independent and severable and the invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision. IN WfINESS WHEREOF the Grantor has executed this Master Declaration as of the day and year first above written. SKYLINE DEVELOPMENT COMPANY, a Limited Partnership Skyline Corporation, General Partner By Tuckec M. Johnson, Vice President STATE OF IDAHO ) ss: County of Ada On this _day of , 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared Tucker M. Johnson, known or identified to me to be the Vice President of Skyline Corporation, Skyline Corporation being the General Partner of Skyline Development Company, an Idaho Limited Partnership, which partnership executed [he within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at ,Idaho My Commission Expims: