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Hacienda Sub PP
(RE Ll CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln. (208) 884-5533 Phone 1(208) / (22e. 08 888 685 Meridian.4 83642 --__ Fax RE LEST FOR SUBDIVISION APPROVAL Meridian Subdivis 1411 d R n PIAT I2-3-1 thru 12-3-6) GENERAL INFORMATION i . Name of annexation and subdivision: 2. Address, general location of site: 600p N. 3. Owner(s) of record: Michael Adkins Meridian Road- A , Address: 6000 rax /4 mile south of Chi N. Meridian Road Meridian Idaho 83709 Telephone: 4. Applicant: DauJa o Fax: Address: 1323 S. Five E-mail: Mile Road Boise ID 83709 Telephone: 322-3663 5 Engineer: David ai eB 11 Fax: Firm: Baffle E-mail: Address: 1500 E. Iran Ea le Drive Ea lei aha 83616 Inc. 11 Telephone: 93 8-0013 6. Name and address to receive City bill938ings- Na E-mail: Address 1323 S. Five g me: Do u Ja o Mile Road Boise ID 83709 Representative: Shawn L. Nickel, Land Consultant Telephone 52 322-3663 PRELIMINARY PLAT F ATURES2 FAX 938-5873 S2 N. 2,Ia S eer Ea le Email shawn@landconsulta ts.nett 83616 1. Acres: 19.63 acres Z Number of building lots: 98 3. Number of other lots: 4. Gross density27 (comm )on per acre: 4.99 5. Net density -- - -- (VI.... ber ofdwelling 'wits per acre oftotal laud to be developed y per acre: 6. Zonin --: ---�----- llvumber o ) g District(s): EXiStin fdwelliug units per acre oflaud exclardmg roads) 7 Does the plat harder a g RUT rCounty) Potential green belt or Proposed: R_g �pD) 8. Have recreational easements been provided for?thwa `� Are there Proposed Y No p posed recreational amenities to the City No ._Explain 10. Are therero p posed dedications of common areas? N------O..___Explain For future parks? 1 I . What sch�Loarea? plainls)service e agreements for future school sites?Meridian School District -- NOExplain D° You propose any 12. 13. ro Are there any other Proposed amenities to the City?_N_ o___Explain Type of building (residential commercial, industrial, 14. Type ofdwelling(_7 (single family, ial, o—�–ice_or combination):Residen duplexes multi plexes):Detached & Attached 1 '?" 11,03 03 15. Proposed development features: a. Minimum square footage otage of lot(s). 2,793 sq ware feet Minimum square footage of structure(s) 1,301 s C. Are garages provided for? ft. on detached homes d. Has landscaping been provided for? Square footage: TBD es Describe: La_ape strips parks raina e areas roadwa buffers islands e. Who will own and maintain the pressurized irrigation system in this development? Home owners association or Settler's Irri ation p Irrigation District: Settler's Irri anon District strict f Are any lots intended for multi -family dwellings? Yes g• Are there special set back requirements? Yes - - -- -Type Attached 9. yard setback reduction 15 foot front and setback for attached units ------_____.__Explain: Zero lot -line side (through PD} h• Were protective covenants submitted? Yes 16. Does the proposal land lock other property? No Date: November 12 2004 Does it create Enclaves? No STATEMENTS OF COMPLIANCE Streets, curbs, gutters and sidewalks are to be constructed to standards County Highway District and Meridian Ordinance. Dimensions wil as required by Ada the City Engineer. All sidewalks will be five (5) feet in width. 1 be determined by 2. Proposed use is in conformance with the City of Meridian 3• Development will connect to City services. Comprehensive Plan. 4. Development will comply 5 Preliminary Plat include all ah ro riCity iaate casements. 6. Street names do not conflict with City grid system. 7. All items noted on the preliminary plat checklist have been completed. p eted. I have read the information contained herein and certify the information is true and correct and that this plat is in compliance with the above statements. Si nature Applica *Ok G�2 ANG Rev. 1103 '03 9 Land Consultants Inc. 52 N. 2X— Street • November 15, 2004 E Idaho 83616 • Office 208.938.3812 • Fax 208.938-5971 Honorable Mayor and City Council City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 RE: Hacienda Subdivision Annexation/Zoning, PD and Preliminary Plat — Letter of Intent Dear Mayor and Council; As representative for Doug Jayo, please accept this application for Hacienda Subdivision, located on the east side of N. Meridian Road, approximately %a mile south of Chinden Blvd in Meridian, Idaho, Section 30, Township 4 North, Range 1 East of the Boise -Meridian. Hacienda Subdivision includes 19.63 acres and has been designed as a Planned Development with 125 total lots (98 residential, 27 common) and includes a request for annexation with a zoning designation Residential). Included within this application is a request for conditional use ermit for th he development. A density of 4.99 dwelling units per acre is proposed. This letter is included with the land use applications for the annexation and zoning, CUP and preliminary plat, together with filing fees and various exhibits. The enclosed applications have been submitted in accordance with the requirements of the Meridian Zoning Ordinance. The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan. Specific Comprehensive Plan policies that support the requested zone change include: • Population Growth Goal 1, Objective A, Action 6 (New residential development with Provided Urban Services); • Services Goal II, Objective A, Transportation, Action 6 (Street connections between subdivisions); Land Use Goal III, Ensure public services, Objective A, Action 1 (Development projects Planned public services); Goal IV, Objective C, Action 1 (compatibility), 3 (usable open space), 5 (sidewalks, curbs, gutters, etc.), Objective D, Transportation Corridors, Action 2 (Restrict curb cuts/access on collectors), Action 10, (Support variety of residential categories); Goal V, Objective C, Quality, Action 1 (Require common area); An R-8 zoning designation is being requested for this annexation with the subdivision residential lots ranging in size from a minimum 2,793 square feet to approximately All streets will be public and will be constructed along plat containing PP ately 10,410 square feet. Highway District and Meridian City standards. Sewer and watercurb,service gutter ice aid sidewalks, to Ada County this development and will be provided by the City of Meridian. servi e will y on-site detention areas and will be designedbe available to service a the standards of all appropriate regulatory agencbe ies. A pressure irrigation system will be provided for all lots within the development. The has been consulted regarding the layout of the subdivision with any t. Th Meridian Fire Department partment concerns addressed within the The existing home, located in the center of the property will be converted into an amenity within the open space area of the subdivision. All additional structures club and become removed as noted on the preliminary plat. site shall be This development is being submitted as a Planned Development (PD), under the guidelines set forth in Chapter 6 of the Meridian Zoning Ordinance. Specifically, this development statement for a PD by providing a development that preserves scenic features, Provides the efficient pattern of residential uses, fosters innovative design purpose Open space and amenities not found in traditional developments. a more concepts and provides for both common variety of housing types have been provided within this development. These he eghousin he PD process, a standard single family detached dwellings on lots ranging in size from 5,000 to 10 400 Also included are 3,000 square foot lots along the eastern and sou ng types include These lots will be for attached townhouses in clusters of between four ' square foot. them boundary of the development. allow for the zero -lot line buildings. Although the applicant can achieve the variety each. The PD will through the reduction in designvariety f housing sizes standards, this development is not residential density of up to 10%, as allowed seeking an increase in the by the ordinance. The proposed is i densityof units per acre meets the allowed density for the R-8 base zone. In addition, the deni 4'dwelling compliance with the intent of the Comprehensive Plan Future Land Use Map area as Medium Density Residential 3-8 dwelling units per acre. , which designates lat es this Through this PD application, proposed deviations from the development standards of the - shall include the following*: R 8 zone 1. A reduction in lot size below the standard 65500 square feet; 2. A reduction in the minimum street frontage requirement below 65 feet; and I A zero lot line side yard setback to allow for the attached townhouses. *See Preliminary Development Plan for Specific Lot #'s The development has been designed to include landscaped common areas and amenities both the PD Ordinance and the Subdivision standards. The common areas include exterior r satisfy or r buffers, in addition to interior streetscape landscaping, and open space areas. The total oadway space areas account for 2.85 acres (14.5%) of the property. All common landscape area lots will be owned and maintained by the Homeowners Association that will be established for the subdivision. In • addition to usable open space in excess of 10%, other amen commit, clubhouse with parking lot, and a communitytees proposed within this PD include a swimming pool. In all, Hacienda Subdivision will be a quality and compatible development is adjacent to similar residential and co pati p e addition to this area of Meridian. The future development along its rem ' P to the east With the Ci aining boundaries. The requested zoning to R -g s in coProvides liaconsideration for tY s Comprehensive Plan and will benefit the public interest b desirable housing needs of to this area of the Ci P ce expansion of city services and t' while allowing for the continued amproveme t and applicant can achieve a vane an increase in the City's tax base* Through maintaining ty of housing styles and provide usable open space anProcess, the g an appropriately compatible densi p within the preliminary t1' This application sub mittajinc ludes amenities, lle etms�listed e working with ou plat, conditional use permit and annexation y and our staff and request approval of thus projecthecklists. We look forward to Sincerely, Shawn L. Nickel Representing Doug Jayo [-: a— �. ei 73 I > ------ -- -- 1A ivc apzkeo>p .p€'n 2_�zln ��' r3:¢�', is Cy _ ��^��gg (A z r »F"cW a¢ s $ t'mF€-'-�•F�a ram hi Mai $yaIs§l'E=a F t�:Y c �RsrEa.. €zo--- 3z,�'�� g�.o•� p �2$$-g? g g yq.o4j� fSgZ: EiZE f 'r b�t S g g = yQ$nhtt �Ir Fsd11- it -it! t!�a,d Y g 9��' 8 '$4rr ��•t ?�# av ,pPg8YE51 -_ io • 7A �o ��O !V11; llwu 'A fi g t ��3 DoE e i < 4 F rY Fi �S RIP r f% E : gi3d6rS f�; =Em; ij F • - � i i $ C P'.1-Bo r,I As � CL wsto, A m � aT i =zai �ES�QQ2gY�� s�ct6 fr:j.f II g 8R d� sl � - oIo gL,_r` I o Y ji � P D � »F"cW a¢ s $ t'mF€-'-�•F�a ram hi Mai $yaIs§l'E=a F t�:Y c �RsrEa.. €zo--- 3z,�'�� g�.o•� p �2$$-g? g g yq.o4j� fSgZ: EiZE f 'r b�t S g g = yQ$nhtt �Ir Fsd11- it -it! t!�a,d Y g 9��' 8 '$4rr ��•t ?�# av ,pPg8YE51 -_ io • 7A �o ��O !V11; llwu 'A fi g t ��3 DoE e i < 4 F rY Fi �S RIP r f% E : gi3d6rS f�; =Em; ij F • - � i i $ C P'.1-Bo r,I As � CL wsto, A m � aT i =zai �ES�QQ2gY�� s�ct6 fr:j.f M m ©O�e..a. q' A P D C� f� 7� 1 g 8R d� sl � Q P D � G � L� P a Y Z N � _ k M m ©O�e..a. q' A P D C� f� 7� 1 11/15/04 MON 10:15 FAX 208 3664 -- JAYO CONSTRUCTION INC NOV-12-2004 17=11 Q002 97061116 e h^A G:'. RECORDER f;AVArRO APbm*CompmV Bo;SE 10 PIONEM TME COMPANY plo1E£R TITLE DAt0 OFAuMW 8 82t went Sure Suety / Paige. Idabo 89=15836 /ire Ale 3 FEf — SEP VEST OF P-158260 LF READ AND APPROVED wARRANW DEED FOR VALU$ RECErVED RM A. GRAHAM REVOCABLE TRUST DATED FEBRUARY 3, 1995 Gnmor , does hetsby V=L batgaia, =U tmd convey tmto MICILUL S. 4DRINS AAD CaLYN Ll. AMNS, HUSBAND AND SAFE the Ormta s whose c uvw addmac is: 6000 V. MIRDIAN, MERIDIAN, ID 83642 the follawkS described teal pmpcny m APA Cb*W, State of Idaho, mote ptataulaty deaoribed as Wows. w --it: SKE EXHIBIT *A" ATTACHED HERETO AND MADE A ?AAT HEREOF FOR LEGAL DESCRIPTION CONSISTING OP TWO PAGES. TAX PARCEL NOS. $0530233520 50530233775 TO HAVE AND TO SOLD the said pnmism, with their app bmanmt saw tic acid t)wmroo drmd Gramam Lairs and assips foraver. And the acid Crraador dwn haaby ravmW to w4 with the acid Cirmtta s, the Gander is the owner is ft simple of said pr miws: that said prtmirrs am free hoot all cumabtanam, EXCEPT those to wbidt Chia -nvgxwg is squm y made 51141m and those made, suffered or dopa by tho Ommm $ tmd tatbim w raer at3oas, rmUktiooa, dedic s9oas, aes®mu. 4911ta of RY sad ansa. Cif my) of tem d, and pumal taw and mmmuneats, (inrlad- h*sdon Gad uglify aeomm=oy (traay) for the 0"ru m year, which ate notyat due mad pa"Mc, and tbu t.sraowr vtll warrout and defend tho same fmm aU lawtW dstma whwAamer. Dated: July 23, 1997 JAMES N. AC[NOSYLF,DGAZNT - FW*je"/0If1eW STATE OF m— coumy of Am ss. On this 3J2 d y of. J= in the yaw of. 1,99-7 before me Personally apptotcd .8 riolat9 Public known or identified to WhOw name is subscribed to the wh'AiD katnanattt As man= � Pod to he cx uteri the salm m each (yoga. dalA', ase. ttrttGs, their►. da Ji eL14M blit: s Op,IDA 5 at: �arltlg. tt� y commission Expires: ¢710/4000 11/11/04 THU 13:16 FAX 208 33664 11/09/04 TUE 15:52 FAX 2Q8 32�gg4 JAYO CONSTRUCTION INC ___ `_V .`VV R 002 JAYO CONSTRUCTION INC.• 4 002 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUN'T'Y OF ADA ) (nom) (address) �/%��/; �l:a.✓ z� being first duly sworn upon oath, depose and say: (city) (state) 1 • That I aur the record owner of the propetty described on the attached, and I grant my permission to: 0 ame) (ad,dress) to submit the accompanying application pertaining to that property. 2. ) agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting fit>m any dispute as to the statements contained herein or as to tho ownership of the property which is the subject of the appl icatioxt Dated this _ /f day of—,A,10,Y_?.0 D V. Owe SUBSCRIBED ,AND SWORN to before me the day and year first above written. •••••.....al"s t , 7 =: replA*k t �loss S �y�-%&seesu' ��►O,P .'• q �.� OF tV •�.. I... Notary Pugh �f� daho Residing at: �� p A Q� MY Commission Expires: e7 3 ,Rev. 11103103 Boundary Description For Jayo Company A parcel located in Government Lots 1 and 2 in the NW % of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; Commencing at a brass cap monument marking the southwest comer of said NW (% corner), from which a 5/8 inch diameter iron pin marking the northwest comer of said Government Lot 2 bears N 0002'03" W a distance of 1330.58 feet; T! �nnnn n� non�'n-" 1A/ -Inn" fhn uvestorhi hni �nii�ni of En 44 MA/ 1/_ r1ic+�nnn of 70R -1A ■ Vf1VV •♦ V VL VV ■� --W- I� f.!!V �1•VVIVlf' bounVN!' W. ValV ■�flf A n AiStaf■y�� r% 1 VV• ■T feet to a point; Thence leaving said westerly boundary N 89039'20" E a distance of 25.00 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence N 0°02'03" W on a line 25.00 feet east of and parallel to the westerly boundary of said NW % a distance of 534.43 feet to a 5/8 inch diameter iron pin; Thence continuing along a line 25.00 feet east of and parallel to the westerly boundary of said NW % N 0°01'30" W a distance of 261.12 feet to a 5/8 inch diameter iron pin; Thence leaving said line N 89°4043" E a distance of 1075.65 feet to a 5/8 inch diameter iron pin on the easterly boundary of said Government Lot 1; Thence S 0002'36" W along the easterly boundary of said Government Lots 1 and 2 a distance of 795.12 feet to a 5/8 inch diameter iron pin; Thence leaving said easterly boundary S 89039'20" W a distance of 1074.61 feet to the POINT OF BEGINNING. This parcel contains 19.63 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC October 12, 2004 o tit 4 11118 `X29TF OF COQ CD T0NW.�P� • • Page 1 of 2 Shawn Nickel From: John Priester 'ohn p@adaweb.net] Sent: Tuesday, November 09, 2004 11:26 AM To: Shawn Nickel Subject: RE: Subname reservation November 9, 2004 Shawn Nickel Land Consultants, Inc 52N2ndSt Eagle, ID 83616 RE: Subdivision Name Reservation HACIENDA SUBDIVISION Dear Shawn: At your request I will reserve the name "HACIENDA SUBDIVISION" for your project. I can honor this reservation.only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. Sincerely, John 1T ester John E. Priester, P.E.L.S. County Engineer JP/jp From: Shawn Nickel[mailto:shawn@landconsultants.net] Sent: Tuesday, November 09, 2004 9:54 AM To: John Priester Subject: RE: Subname reservation Hi John. Is it possible to revise this name to just "Hacienda Subdivision". Sorry for changing my mind. Shawn -----Original Message ----- From: John Priester [mailto:johnp@adaweb.net] Sent: Wednesday, November 03, 2004 11:12 AM To: Shawn Nickel Subject: RE: Subname reservation November 3, 2004 Shawn Nickel Land Consultants, Inc 52N2ndSt Eagle, ID 83616 RE: Subdivision Name Reservation HACIENDA DEL SIERRA SUBDIVISION 11/9/ 004 • DEVELOPMENT STATEMENTS FOR HACIENDA SUBDIVISION 11/15/04 1 • TRAFFIC IMPACT: On November 15, 2004, Shawn L. Nickel of Land Consultants Inc. reviewed With Ada County Highway District staff and discussed traffic and layout concerns associated with this proposed development. Durin this r the project on existing and proposed stub street alignment, g eview, the main discussion was , and access and design standards. It was determined by staff that the stub street designed to the south was appropriate, that a stub to the north was not being required due to the fact that the pro pert pate, and the Catholic Church facility. p y was part of It was also requested by staff to provide the District with a traffic study for the project, due to its location within the North Meridian Planning Area. This study is currently being prepared by the Washington its u Group and will be submitted to ACHD on completion. p its 2. VARIANCE REQUEST: The submittal of Hacienda Subdivision does not require a request for variance to the Meridian Zoning Ordinance. Reductions in standards will be handled through h the PD g 3. PRE -APPLICATION MEETING On September 22, 2004, a pre -application meeting was held with Meridian City Staff. Present at the meeting were Shawn L. Nickel of Land Consultants, Inc, David Baileyof Bailey Engineering, and the developer, Doug Jayo. Meridian City staff present was Brad Hawkins -Clark and Bruce Freckleton. 4. ADDITIONAL SERVICES The applicant or user of the property agrees to pay any additional sewer, water ortrash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. PRE -APPLICATION MEETING NOTES Applicant(s) Engineer/Ar Staff: -r2, 0 DATE• Proposed Development: Location: Required Applications: - < Existing Zonin : �~ ComprehensivePlan Designation: Proposed Zoning:_ Forts Property Size: -In it Sewer: Number of Units. Water: K---. __Q_ -� _• � Pressurized Irrigation: J n Street Buffers: " Open Space & Micropaths: Landscape Plan:30V Lot Size & Fronta e'� : 1 g —tea' 4 Topography: Hydrology:- Street ydrology:Street System: Pathway System_ Other Applications ,/Annexation " Rezone Conditional Use Permit Variance Lot Line Adjustment Comprehensive Plan Amendmen • Application Checklist Review _ Dwelling Type: S r_- Other Agencies to Contact: Additional Preapplication Conference: Not recommended Recommended Required Anticipated Submission Date: Anticipated Planning & Zoning Date: Additional Notes: r4t liz ; 41 The information provided during this meeting is based upon the Subdivision Ordinance and applicable Comprehensive Plan and is valid for 3 changes to the Zoning or Subdivision Ordinance or CogfIeridi months. Any subsequent mprehensive Plan may affect Your application. i 0 . DRAFT rui DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR HACIENDA SUBDIVISION THIS DECLARATION OF COVENANTS, CONDITIONS RESTRICITONS FOR Hacienda Subdivision is made effeTIONS AND ctive Iof the ,day of Declarant") whose y Doug Jayo, (hereinafter "Grantor" or address is ARTICLE I. RECITALS 1.1 Property Covered. The property subject to this Declaration of Covenants, Conditions and Restrictions (hereinafter referred to as "Declaration" or CC&R's") for Subdivision is that County, State of Idaho, which is contained in property in Subdivision and legally described on Exhibit A attached hereto, together with any additions or annexations as may hereinafter be brought within the jurisdiction of these CC&R'1 and the Association. The "common area" lots contained in this Subdivision are set out in Paragraph 3.8 below. 1.2 Purpose A Declaration. a residential development, which Grantor intends to develo Subdivision is p governmental approvals. The purpose of this Declaration is to set forth the basic restrictions, covenants, limitations, easements, conditions and equitable servitudes that will apply to the development and use of the Property. This Declaration is designed to preserve the Property's value, desirability and attractiveness, and to guarantee adequate maintenance of the Common Area, and any Improvements located thereon. ARTICLE 2. DECLARATION 2.1 Grantor Declaration. Grantor declares that all the Property shall be held, sold, transferred, encumbered, leased, used, occupied and improved subject to these CC&R's. Each owner accepting a deed to any of the property HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 1 agrees that these CC&R's are for the protection, maintenance, improvement and enhancement of the Property. 2.2 Runs With The Land. These CC&R's shall run with the land described on Exhibit -and shall be binding upon all persons with any right, title or interest in the land. They are for the benefit of all the property and bind all successors. 2.3 Enforcement. These CC&R's may be enforced by Grantor, any Owner or by the Association. 2.4 Grantor's Rights. Notwithstanding the foregoing, no provision of this Declaration shall be construed as to prevent or limit Grantor's right to complete development of the Property and to construct improvements thereon, nor Grantor's right to maintain model homes, construction, sales or leasing offices or similar facilities on any portion of the Property, including the Common Area or any public right-of-way, nor Grantor's right to post signs incidental to constructions, sales or leasing. ARTICLE 3. DEFINITIONS 3.1 "Articles" shall mean the Articles of Incorporation of the Association or other organizational or charter documents of the Association. 3.2 " Subdivision" shall mean the Property described on Exhibit A, (together with any future additions or annexations). 3.3 "Assessments" shall mean those payments required of Class A Owners and Association Members (excluding Declarant) and include but are not limited to all Assessments (whether regular, set-up, special or limited), late charges, attorneys' fees, interest, and other charges set out in these CC&R's. 3.4 "Association" shall mean Association, Inc., a nonprofit corporation organized under the laws of the State of Idaho, its successors and assigns. 3.5 "Board" shall mean the Board of Directors or other governing board or individual, if applicable, of the Association and includes its authorized agents and representatives. 3.6 "Building Lot" shall mean one or more lots as specified or shown on any Plat upon which improvements may be constructed. The term "Building Lot" shall not include any Common Area, any area dedicated to the public, or any lots deeded to an irrigation entity for an irrigation pump facility. HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 2 0 • 3.7 "By-laws" shall mean the By-laws of the Association (a copy of which is attached hereto as Exhibit B). 3.8 "Common Area" shall mean all lots of Subdivision that are designated on the Plat as private streets or drives (except ), common open space, common areas and common landscaped areas, including but not limited to, the following parcels which Declarant shall deed to the Neighborhood Association: The Association shall manage, maintain and operate these common area lots. 3.9 "Declaration" shall mean this Declaration as it may be amended from time to time. 3.10 "Grantor" shall mean Development LLC and any successor in interest, or any person or entity to whom the rights under this Declaration are expressly transferred by Grantor or its successor. Grantor is also referred to as the Declarant. 3.11 "Improvement" shall mean any improvement or object, whether permanent or temporary, which is erected, constructed or placed upon, under or in any portion of the Property, including but not limited to buildings, fences, driveways, landscaping, signs, lights, mail boxes, recreational facilities, and fixtures of any kind. 3.12 "Limited Assessment" shall mean a charge against a particular Owner and such Owner's Building Lot, directly attributable to the Owner, equal to the cost (plus a management fee equal to 10% of the cost) incurred by the Grantor or the Association for corrective action performed pursuant to the provisions of this Declaration. (See Corrective Action, Section 9.1.1 below.) 3.13 "Member" shall mean each person or entity holding a membership in the Association. 3.14 "Owner" shall mean the person or other legal entity, including Grantor, holding fee simple interest of record to a Building Lot which is a part of the Property, but excludes those having an interest merely as security for the performance of an obligation. 3.15 "Person" shall mean any individual, partnership, corporation or other legal entity. 3.16 "Plat" shall mean any subdivision plat covering any portion of the Property as recorded at the office of the County Recorder. HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 3 0 S 3.17 "Property" shall mean all Property described herein including each lot or portion thereof, including all water rights associated with or appurtenant to such property. 3.18 "Regular Assessment" shall mean the portion of the cost of maintaining, improving, repairing, managing and operating the Common Areas and all Improvements located thereon, and the other costs of the Association. 3.19 "_Set-up Assessment" shall mean that initial fee payable to the Association to set up the Association. This one time set up fee is assessed against the buyer of each lot upon the first purchase of each lot. 3.20 "Special Assessment" shall mean the portion of the costs of the capital improvements or replacements, equipment purchases and replacements or shortages in Regular Assessments. 3.21 "Transfer Special Assessment" shall mean that transfer fee assessed against each lot transferred, to be paid to the Association on each transfer of legal title and recording of a deed to a lot in this subdivision. ARTICLE 4. GENERAL AND SPECIFIC RESTRICTIONS 4.1 Prior Plan Approval. No improvement or obstruction shall be placed or permitted to remain upon any part of the property unless a written request for approval, containing the plans, specifications, and exterior color scheme, has been approved by the Board or a person designated by the Board to approve same. (See Article 6 below.) The approval of the Board will not be unreasonable withheld if the plans and specifications comply with these CC&R's, government ordinances, and are in general in harmony with the existing structures located in this Subdivision. 4.2 Government Rules. In the event any of these CC&R's are less restrictive than any governmental rules, regulations or ordinances, then the more restrictive governmental rule, regulation or ordinance shall apply. 4.3 Use, Size and Height; Basements. All Building Lots shall be used exclusively for one or two-story single-family homes. Split entry homes are prohibited. The minimum floor area square footage (excluding the area of the eaves, steps, open porches, car ports, garages, and patios) shall be as follows: a) Square Feet minimum for one-story homes. b) Square Feet minimum for any two-story homes; provided, however, in any such two-story home the ground floor shall have a minimum of square feet. 4.4 Basements. HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 4 4.5 Accessory Structures. There shall be no metal or wood storage attachments to any home except as a 9e d. attached to the residential structure, and ppatodcove se shallbecon tgcted of, Storage sheds and roofed with, the same materials, and with similar colors and desi n a residential structure on the applicable Building Lot. Only one outbuilding shall be allowed, and it shall be a) constructed of ualit g s the finished and painted in the same general color as the qy material; b) completed, per lot screened from public view; and d a main house; c) generally approved by the Board. 4.6 Setbacks. All setbacks shall comply with the pertinent local government Ordinances. 4.7za a es. All residential homes shall have an attached enclosed garage which holds no less than two cars and no more than three and shall be constructed of the same materials and colors as the main building approved by the Board. g or a s 4.8 Exterior Appearance. 4.8.1 Brick Stone Stucco on Front Ex osure. Each house in this subdivision shall have brick, stone or stucco on the front exposurer, however, the Board (Architectural Control set out in Article VI below a , in its sole discretion, waive this brick, stone or stucco requirement if the dw ll its contains a covered front porch of at least fifty (50) square feet. elling 4.8.2 Bay Windows Etc. Bay windows, broken roof lines, gables, hip roofs, etc. are strongly encouraged as are brick, stone or stucco the full height columns on the sides of the garage. Also encouraged are r for stone or stucco full wainscoting on the front exposure. g brick, 4.9 Roofs. Roofs must be of at least 5 in 12 pitch. No gravel roofs are allowed. Roofing materials shall be composition shingles. 4.10 Solar Covenants. Each Lot in this subdivision shall be subject to and each Lot Owner shall comply with that "Declaration of Solar Covena and Restrictions for Conditions nts, attached hereto as Exhibit C, and all related local governmental solarsubdivisordinan ion", es. 4.11 Driveways. All Lots shall have a paved driveway and a minimum Of two paved car parking spaces within the boundaries of each Lot. No driv or parking area shall be dirt, rock, gravel or asphalt. away 4.12 Colors. Exterior colors of earth tones or light blues or gray s shall be encouraged for the body of the house. Bright, bold or very dark body colors HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 5 • 0 shall be discouraged. Dark roof colors shall be encouraged. Approval of exterior colors must be obtained from the Board, and any future changes to colors or exterior must be approved by the Board. 4.13 Pole Lights. Each home is encouraged, but not required to have a photo -sensitive pole light in the front yard within 5 feet of the sidewalk and 5 feet of the driveway designed to switch on automatically at sunset and off at sunrise. 4.14 Landscaping. Berms and sculptured planting areas are encouraged. Landscaping of the front yard shall be completed within thirty (30) days of substantial completion of the home. The "front yard" shall be defined as that portion of the Building Lot from one side lot line to the opposite side lot line lying in front of the front exposure of the structure. For Building Lots on corners the "front yard" shall also include that portion of the Building Lot from the front of the structure to the rear of the structure to the side street (i.e., the side yard next to the side street). Landscaping, at a minimum, shall include; sod (or professionally installed hydro seed if approved by the Board) in the front yard; two trees of at least 2" caliper in the front yard; one tree of at least 2" caliper in the side yard for corner lots; and at least 5 one gallon shrubs or plants. Grass shall be planted or sodded in the back yard within one year of occupancy. 4.15 Fences. 4.15.1 Subdivision Perimeter Fences. Grantor may construct a perimeter fence around the exterior of this subdivision property (except for entrance or exit roadways or waterway crossings). After Grantor has transferred title to any lot which contains a portion of this perimeter fence it shall be the responsibility of the Owner of that lot to maintain, repair and/or replace as needed that portion of the perimeter fence on that Owner's lot. The maintenance, repairs and/or replacement shall be performed so as to keep the perimeter fencing uniform, attractive and harmonious. The Association may, in it's sole discretion, maintain some or all of the perimeter fencing as a Common Area expense. 4.15.2 Other Owner Fences. Other Owner fences are not required. If a fence is desired, plans for it shall be approved by the Board prior to construction. Fences shall be of good quality and workmanship and shall be properly finished and maintained. Fences may be built of wood, such as a 6 -foot, dog-eared cedar. Chain link fences are not allowed except along ditches or water retention areas. Fences shall not be built closer to the front of the lot than even with the front corner of the home, nor within 20 feet of any street rights-of- way. 4.16 Construction. No pre-existing or prefabricated home shall be moved onto any lot. All homes in this Subdivision must be constructed on the lot. HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 6 Once construction has begun, completion of each building shall be diligently pursued and completed within 12 months. or other improvement 4.17 Sewer. All bathroom, sink and toilet facilities shall be located inside the home, and connected underground to wet lin e sewer. 4.18 No Further Subdivision. subdivided without the prior written a No Building Lot may approval of the Board. y be split or 4.19 Nuisances No rubbish or debris shall be placed accumulate anywhere on the Property, on or allowed to Building Lots. No unsanitary, unsightly, or offensive con P y, including Common Areas or vacant to exist on any part n the Property.ditions shall be permitted ordinances are prohibited. No Noise or other nuisances in violation of local activity in the Common Area whicOwner h unreasonably blrmit an quiet of the other Owners or occupants. Th Y noise, party or other Y Intertere with the peace and any type of firearms on the Property is strict) a use of fireworks, firecrackers and y prohibited. 4.20 Ext�l_Maintenance; Owner's Obligations. All Improvements, especially the exterior appearance of the home, lawn, trefencing landscaping shall be kept in good condition and permits an Improvement to fall into disrepair, or to and pair. In the event anOwner hazardous, unsightly or unattractive condition, then the create a dangerous, unsafe, thirty (30) days prior written notice to the offending Owner, s enter upon that Owner's Board or Grantor, after Property to correct such conditional) hOawner the tto he obligated to reimburse the Board or Grantor for all of the cost action as set out in Article 8 and 9 below. sof the corrective 4.21 Unsightly Articles. No unsightly articles shall be Permitted to remain on any property so as to be visible from any other Ow Trash is to be kept in containers and areas a fabrics are not to be hung or aired in such a way by the Board. Clothing or Owner's property. Property. No equipment, heat aY as to be visible to other firewood, grass, shrub or tree clippings compressors, containers, lumber, or scrap shall be kept, stored orall wed totals material, disabled vehicles, on within an enclosed structure or screened from view. Vacant residential structures shall not be used for storage. Y property except 4.22 No Temnorary Structure s shack or other temporary building, improvement o� structure use rmobile home, tent, shall any portion of the Property or on any streets. Temporary construction upon are permitted during the time of construction. structures 4.23 No Unscreened Boats Campers and Other Vehicles. No trailers, campers, all -terrain vehicles, motorcycles, recreational vehicl boats, dilapidated or unrepaired and unsightly vehicles or similar equipment bicycles, shall be HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 7 Placed upon any portion of the Property parking areas and driveways) unless enclosed(includingb without limitation, streets, approved by the Board. Y a concealing structure 4.23.1 Removal of Vehicles- Warnin • Costs. The Board or its representatives may remove any vehicles in violation of this section at an time after giving the owner fifteen 915) days written notice of its intent to at y e any such vehicles removed, the Owner shall reimburse the Board, d a limit assessment, the costs thereof plus a management feeSO' For (10%) of the costs. (See Article 9 below). equal to ten percent 4.24 Animals/Pets. No farm animals, animals creating a nuisance, or animals in violation of governmental ordinances shall be kept on an Pr Chronic dog barking shall be considered a nuisance. No more than in cats and no more than two domestic dogs shall be allowed two domestic estic °perty. bit All dogs outside the home or outside the lot fence must be leashed.a p one lot. not be allowed in the Common Areas. Any kennel or dog run must be scre shall placed inside the lot fences, and approved by the Board. shall 4.25 Si ns. No sign shall be displayed to approval of the Board except: (1) signs used by Grantor unllconn ctionviewhwith tthe he development and sale of the Property; (2) signs identifying the development; informational signs by the Board displayed on Common Areas; 4sig ione s)gn of (3) less than 12 square feet displayed by an Owner (other that Grantor on that Owner's property advertising the home for sale or lease; and (5) signsre by the governing authorities. No signs other than Grantor's shall be laced in the Common Area without the written approval of the Board. p m the 4.26 Pressurized Irri ation S stem. 4.27 Lot Gradin and Draina a Re uirements. Each lot owner shall grade and maintain their individual lot to direct water away from the foundation and to prevent the runoff of storm water onto adjacent owner's lots. 4.28 Additional Easements. In addition to the easements shown on the recorded plat, an easement is further reserved and each lot shall be subject to an easement five (5) feet on each side of all other lot lines for installation and maintenance of utilities, irrigation and drainage. 4.29 Exemption of Grantor. Nothing contained in these CC&R's shall limit the right of Grantor; to subdivide or re -subdivide any portion of the Property owned by Grantor; to grant easements, licenses, or to reserve rights-of-way th respect to Common Areas; to complete excavation, grading and construction of any portion of the Common Areas, or Property owned by Grantor; to alter construction plans and designs; to construct additional Improvements; to erect, construct and maintain structures and displays as necessary for the conduct of HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 8 Grantor's business. Prior to transferring title to a Building Lot Grantor shall have the right to grant, establish and/or reserve on that Building Lot additional licenses, reservations and rights-of-way to Grantor, to utility companies, or to others. Grantor may use any structures owned by Grantor on the Property as model home complexes or real estate sales or leasing offices. The rights of Grantor may be assigned by Grantor to any successor in interest by a written assignment recorded in the Office of the County Recorder. 4.30 Water; Water Rights. The property is this subdivision has been excluded from any irrigation district. Therefore no irrigation water rights exist from any irrigation district for any lot in this subdivision. 4.31 Laws; Ordinances. These CC&R's are subject to all rules, regulations, laws and ordinances of all applicable governmental bodies. In the event a governmental rule, regulation, law or ordinance would render a part of these CC&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 4.32 Special Covenai in this subdivision has special and restrictions as follows: circumstances which require special covenants 4.32.1 Block Draina a Easement. Lot Association and is subject to an ls a common area lot o overflow d ainage/retenti nease be owned by the the (Highway District). ment in favor of District) is hereby granted a drainage/retention easement on this lot tolgre retain water,water, and to construct, install and maintain the drainage system. 4.32.2 Drainage Easement Area Restrictions. The Association shall maintain a grass lawn in the easement area and shall keep the lawn mowed and the area free of trash and debris. No buildings, fences, trees, shrubs or structures shall be placed in the floor of this drainage easement area. (However, shrubs and trees may be planted on the slopes of this drainage area providing they don't interfere with the easements or interfere with the drainage/retention system). (Highway District's) 4.32.3 "Heavy" Maintenance of Drainage/Retention Area. Heavy maintenance consists of periodically inspecting the retention facility to ensure it is functioning properly; cleaning out the facility piping and mucking out the facility when the sediment level exceeds the designed storage level. All other maintenance shall be referred to herein as "light' maintenance. maintenance and shall Hbe allowed iway fstoct) has opted perfo m this maintenance this "heavy" event the work. In the (Highway District) do such "heavy" maintenance, then the Association shall do soshall decide not to HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 9 4.32.4 "Light" Maintenance. The Association shall provide all "light' maintenance of the drainage/retention area (mowing, weed control, control, etc.) of this lot as set out in that "Manual for Light Maintenance" trash hereto as Exhibit D. attached 4.32.5 Association hwa Failure to Hi ��L_ District) Remedies.Maintain• In (Highwa the event that d discretion, that the Association is not adequately maiin al nein th its sole Pond/drainage basin then g e detention of said common area (Highway District) shall, before undertaking maintenance intention to begin maintenance within a 30 da , provide written notice of its Association may undertake to initiate and conclude all maintenancethin which time the identified by nce defects as Association shall fail to commence and igconc udehwayismaintenanceIn event that the of the det Pond/drainage basin to the extent said items of specific mai tenancention identified by a are (30) days, then in that event, (Highway District) within the prescribed thirty begin to undertake such maintenance. (Highway District) may is hereby granted an irrevocable license and easement to enter u (Highway aDistrict) of the common area or facility after havin p Y portion having provided the Association an opportunity to undertake sa dce to the Asmai terra and (Highway District) shall first bill the Association and eif such bill shall not be paid within (Highway District) shall be esixty (60) days, then ntitled to and empowered to file a taxable lien against all lots within with power of sale as to each and every lot in order to secure paymentdiviof anon y and all assessments levied against all lots in these subdivisions pursuant to the Master Declaration as if said maintenance had been performed b t Association, together with interest at the rate which accrues on judgments h thereon and all costs of collection which may by Y be paid or incurred The Aay District). sslinociation shall oft be dissolved or relieved maintain the defined common area and facilities contained therein responsibilitywithoutthe prior written approval from Association and all lot owners by accepting title to a I t aigrl ea hatailltlot tThe owners own rs within these subdivisions are benefited property owners of such maintenance. 4.32 Lot Easement Area: Lot Bock Micro -Path Lot Block is a common area lot created for the purpose of maintaining a Micro -Path Easement. This easement area shall be landscaped as approved by the City of and shall contain a paved Micro -Path at least seven (7) feet in width the entire length of the easement area. This lot and easement area shall be for the ingress and egress of pedestrian and bicycle traffic and shall be for the benefit of all lots in HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 10 Subdivision and lot shall be owned and maintained by the Association and suchanten ne mic' shall comply with all City requirements and regulations for Micro -Path easement areas. This Micro -Path easement and the maintenance responsibilities relating thereto shall not be dissolved without the express written permission of the City of 4.32.1 No Liability. Each lot owner by accepting a deed to a lot in Subdivision and each occupant by occupying a lot in Subdivision and each user of the Micro -path specifically agrees that the Declarant, its agents, officers, employees and shareholders shall have no liability of any kind whatsoever relating in any way to the use of the Micro -Path including, but not limited to, any accidents or bodily injuries which result from the use of the Micro -Path. Nor shall the Association, its officers, agents, or employees have any such liability. All lot owners, occupants and users of the Micro -Path specifically assume the risk and waive any and all claims relating to the use of this Micro -Path. 4.33 Common Drivewa • Reci rocal Easement- Maintenance of Common Drivewa +. In this subdivision Lot(s) Block have one common driveway (referred to herein as "Common drivewa easement area"). This common driveway easement area is identified and described on the final recorded plat of the subdivision and is the only access to the public street in the subdivision form these common driveway lots. 4.33.1 Reciprocal Easements. Each Owner of these common lots, and occupants, tenants, guests and invitees shall have an easement over and across that common driveway easement area. This shall be a reciprocal easement benefiting and burdening each of the common lots and shall be for the purposes of ingress and egress over and across the common driveway easement area (identified on the Plat).NO PARKING OF ANY KIND SHALL BE ALLOWED IN ANY COMMON DRIVEWY EASEMENT AREA. This area is for ingress and egress only. 4.33.2 Maintenance of Common Driveway. The maintenance of the common driveway easement area and the costs there of shall be shared equally (1/2 each) by the owners of the lots sharing e common_ driveway easement area. Maintenance decisio hssn all be made by a unanimous vote of the Owner's of lot(s) 4.33.3 Perpetual, The provisions contained in this paragraph 4.33 shall be perpetual and shall run with each affected lot. These provisions of paragraph 4.33 as they apply to each of the common driveway lots may not be amended unless such amendment is approved by a) the lot owners affected; b) the President of the Association, if the Association exists; and 3) the City of HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 11 ARTICLE 5: ASSOCIATION, INC. 0 NEIGHBORHOOD 5.1 Organization of Neighborhood Association, Inc. Neighborhood Association, Inc. (the "Association") shall be initially organized by Grantor as an Idaho non-profit corporation under the provisions of the Idaho Code relating to general non-profit corporations and shall be charged with the duties and invested with the powers prescribed by law and set forth in the Articles, Bylaws (attached hereto as Exhibit b) and this Declaration. Neither the Articles not the Bylaws shall be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 5.2 Membership. Each Owner of a lot subject to assessment, (including contract sellers), by virtue of being an Owner, and for so long as such ownership is maintained, shall be a Member of the Association. the memberships in the Association shall not be transferred, pledged, assigned or alienated except upon the transfer of Owner's title the transferee of such title. Any prohibited membership transfer shall be void and will not be reflected on the books of the Association. 5.3 Voting. Voting in the Association shall be carried out by Members (including Grantor) who shall cast the votes attributable to the Building Lots which they own. The number of votes any Member may cast on any issue is determined by the number of Building Lots owned. When more than one person holds an interest in any Building Lot, all such persons shall be Members but shall share the vote attributable to the Building Lot. One lot, one vote. For voting purposes, the Association shall have two (2) classes of Members: 5.3.1 Class A Members. Owners other than Grantor shall be Class A Members. Each Class A Member shall be entitled to cast one (1) vote for each Building Lot owned by such Class A Member(s) on the day of the vote. One lot, one vote. 5.3.2 Class B Members. The Grantor shall be the Class B Member, and shall be entitled to three (3) votes for each Building Lot owned by Grantor. The Class B Member shall cease to be a voting Member in the Association on the happening of either of the following events, whichever occurs first: (a) when seventy-five (75%) percent of the Building Lots have been sold to Owners other than Grantor; or, (b) on December 31, 2005. 5.3.3 No Fractional Votes or Severance from Land. Fractional votes are not allowed. If joint Owners cannot agree how their vote will be cast, they lose their right to vote on the matter being put to a vote. A vote cast will be conclusive for all purposes that the Owner had authority and consent of all joint Owners. Votes may not be severed from the Building Lot. However, an Owner HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 12 may give a revocable proxy, or assign the Owner's right mortgagee, beneficiary or contract 9 t to vote to a lessee, the term of the lease, mortgage purchaser of the Building Lot concerned, for conveyance of a Building deed of trust or contract. Any right to the new Owner. Lot to a new Owner automatically tr nsfers the voting 9 5.4 Board of Directors and Officers. shall be managed by a Board of Directors ("Board!ha affairs of the Association as the Board may elect or appoint as provided in the Bylaws such officers or agents elected in accordance with the Bylaws. . The Board shall be 5.5 Power and Duties of the Association, the Ass all the powers of a corporation organized under the la subject only to the limitations set forth in the Association shall have Declaration. The Association shall have th laws of the State of Idaho and the Articles, Bylaws, and this Power to perform all acts which may Power to appoint representatives discharge it's duties and responsibilities anbe necessary a essa Association's Common rY or incidental e Common Areas and assets* The and to ma nage and operate the manage and operate the Association's limited to, the following: Association's powers include, but are not .5 as set o t herein andto force s The to levy Assessments on any Class A OwnPower er payment as provided in this 5.5.2 Enforcement The power and authority in its own name, this Declaration, or on behalf of any Owner who consents, to file and maintain a Articles or the Bylaws; and to file and maintaincoons and suits to thereof. any action to en 5.5.3 Emergency Powers. The (but not inside any building) in a—n _ power to enter upon anyproperty life or property or when necessary to protect or maintain Improvements y emergency where there is potential danger to the Association is responsible. The Association may also enter upon an Property to prevent the waste of irrigation water. for which as little inconvenience to the Owner as practicable.Such entry shall be made with Association shall be repaired by the Association Any damage caused by the Agre5.5.4 Licenses Easements and Rights -of -Way: Cements. The Association shall have the oo erativ cooperative or license agreements regarding water or irrigation s e power to enter into any association shall have the power to grant and convey to any third artI easements and right-of-way in, on or under the systems. The easement areas of any Lots as may be necessary Common Area or in any or appropriate for the or party licenses, maintenance, preservation and enjoyment of the Property and Common Aderly Areaa,, HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 13 0 0 and for the preservation of the health, safety, convenience and welfare of the owners. The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty-one (21) years from the date of recording of these CC&R's. 5.6 Duties of the Association. In addition to duties necessary and property to carry out the powers delegated to the Association by this Declaration, the Articles and Bylaws, the Association shall have the authority to perform, without limitation, each of the following duties: 5.6.1 Operation and Maintenance. Operate, maintain, and otherwise manage to provide for the operation, maintenance and management of the Common Area, and, at the discretion of the Board, provide for: 1) the cleaning and sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; b) mowing the vacant lots and maintaining right-of-way areas in or adjacent to the subdivision to keep the subdivision as a whole as aesthetically pleasing as possible. 5.6.2 Taxes and Assessments. Pay all real and personal property taxes and assessments including but not limited to water costs separately levied against the Common Area or against the Association and/or any other property in this Subdivision owned or managed by the Association. Taxes, assessments and water costs may be contested or compromised by the Association and the costs are a common area expense. The Association shall pay any applicable federal, state or local taxes levied against the Association. 5.6.3 Water and Other Utilities. Acquire, provide and pay for water, utilities, maintenance, operations costs, and other necessary services for the Common Areas or any pressurized urban irrigation system. 5.6.4 Insurance. Acquire insurance coverage as the Board deems necessary or advisable, from insurance companies authorized to do business in the State of Idaho, and maintain any insurance policies including, but not limited to the following: (1) Comprehensive public liability insurance insuring the Board, the Association, the Grantor and/or the individual grantees and agents and employees of each against any liability incident to the ownership and/or use of the Common Area; (2) Directors' and officers' liability insurance; (3) Motor vehicle insurance and Workmen's Compensation insurance; (4) Performance, fidelity and other bonds the Board deems necessary to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonesty of any employee or other person charged with the management or possession of Association funds or other property. The Association shall be deemed trustee of the interests of all Owners in connection with any insurance proceeds paid to the Association under such policies, and shall have full pow3r to receive the Owner's interests in such proceeds. All proceeds shall be used for Association purposes. Insurance premiums for the above insurance coverage HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 14 0 • shall be a common expense to be included in the Regular Assessments levied by the Association. 5.6.5 Enforcement of Restrictions and Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonable advisable or necessary to enforce any of the provisions of this Declaration, the Articles or the Bylaws. 5.7 No Liability. No Board member, committee member, Association officer, Grantor or its officers, directors or shareholders (collectively herein "Grantor") shall be personally liable to any Owner, or any other party, including the Association, for any damage, loss or prejudice suffered or claimed on the account of any act, omission, error or negligence of that person provided that the person has acted in good faith and without gross, willful or intentional misconduct. 5.8 Budgets; Operating Statement; Balance Sheet; Inspection. Within sixty (60) days after the close of each calendar year, the Association shall cause to be prepared and shall make available for inspection by any Owner; (1) a balance sheet as of the last day of the Association's calendar year; (2) an annual operating statement reflecting the income and expenditures of the Association for its last calendar year; and (3) a proposed budget and schedule of Assessments for the current year. Notice of scheduled Assessments due shall be given at least once a year. 5.9 Meetings of Association; Notice of Meeting and Assessments. Each year the Association shall hold at least one annual meeting of the Members on April 30, or some other date set by the board between April 15 and May 31. If any meeting date falls on a weekend or holiday, then the meeting shall be on the next following business day. Notice of such meeting shall be given at least 10 and no more than 30 days prior to the meeting and such notice may include notice of the Assessments scheduled due for the coming year. Only Members or their proxies shall be entitled to attend Association meetings. All other persons may be excluded. Notice for all Association meetings, regular or special, shall be given by regular mail to all Members, at the address for the lot in the subdivision or the address supplied in writing to the Association. This notice shall set forth the place, date and hour of the meeting and the nature of the business to be conducted. All meetings shall be held within the Property, or as close thereto as practical, at a reasonable place selected by the Board. The presence at any meeting of the Class B Member (or representative) where there is such a Member, and of Class A Members representing Owners holding at least ten percent (10%) of the total votes of all Class A Members, shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the Members present may adjourn the meeting to another time not more than thirty (30) days from the time the original meeting was scheduled. If the rescheduled meeting is more than 30 days then additional notice of the next meeting shall be HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 15 given. At any subsequent meeting properly called, the presence of any Member shall constitute a quorum. ARTICLE 6. ARCHITECTURAL CONTROL No building, structure, fence, wall, hedge, landscaping, painting, obstruction, berm, driveway, or Improvement shall be placed on, under, over or across any part of Subdivision unless a written request (given to one of the Board of Directors of the Association or a person designated by the Board) for approval thereof containing the plans and specifications therefor, including exterior color scheme, has been approved, in writing, by a member of the Board or any person designated by the Board. The initial Board and their addresses is as follows: 2. 3. ARTICLE 7. RIGHTS TO COMMON AREAS 7.1 Use of Common Area. Every Owner shall have the equal right to enjoy the use of those Common Areas or common facilities which are designed and built for such use. The Association may make reasonable rules governing use of the Common Areas and facilities. All common areas and facilities shall be owned by the Association. The Association shall have the power to suspend the use of all common areas to Members who are in arrears for non-payment of Assessments. However, the Association may not suspend street or sidewalk access to a member's lot or home. The Association may dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes agreed to by the Members. No dedication, mortgage or transfer of said Common Area shall be effective unless an instrument agreeing to such dedication or transfer is signed by the Grantor (if Grantor still owns any of the Building Lots), and two-thirds (2/3) of the Class A Members. Transfer must also be approved by any local government having jurisdiction over the transfer. Said transfer shall become effective when the instrument is recorded. In the event that an Owner's access to his lot is over any Common Area, then any transfer of the Common Area shall be subject to an easement for the access of the owner. 7.2 Damages. Any Owner shall be liable for damage to any Common Area which may be sustained by reason of the negligence of willful misconduct of the Owner, the Owner's tenant, or the Owner's family, guests, agents, contractors or invitees. In the case of joint ownership the liability of such Owners shall be joint and several. The cost of correcting the damage shall be treated as a Limited Assessment against the Owner and building Lot and may be collected as provided herein. No Owner shall be liable for any amounts greater than is legally allowable under Idaho law. HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 16 ARTICLE 8. ASSESSMENTS 8.1 _Covenant to Pay Assessments. By acceptance of a deed to any property in Subdivision, each Class A Owner hereby covenants and agrees to pay, when due, all Assessments or charges made by the Association pursuant to this Declaration. In the event this subdivision is developed in Phases, the lots in uncompleted phases shall not be assessed until they become Class A Owner's lots. Declarant shall not pay any Assessments. No Mortgagee shall be required to collect any assessments. 8.1.1 Assessment Constitutes Lien. Such Assessments and charges set out herein, together with interest, costs and reasonable attorneys' fees which may be incurred in collecting the same, shall be a continuing lien upon the property against which each such Assessment or charge is made. 8.1.2 Assessment Personal Obligation. Each Assessment obligation set out herein which accrues during the time of ownership shall also be the personal obligation of the Owner beginning the time the Assessment falls due. This personal obligation for Assessments shall remain Owner's personal obligation regardless of whether he remains an Owner. Notwithstanding anything contained herein, the failure to pay assessments does not constitute a default on an owner's federally insured mortgage. 8.2 Regular Assessments. All class A Owners are obligated to pay Regular Assessments to the Association on a schedule of payments established by the Board. 8.2.1 Initial Regular Assessment: The initial Regular Assessment for the first calendar year (Year) is to be ($ ) per year per lot. This initial assessment is due upon sale of a lot from Grantor and shall be prorated on a calendar year basis based on the date of closing and shall be paid to the Association by the Buyer upon closing of the first transfer of the lot from the Declarant to the Buyer. 8.2.2 Regular Assessments. The proceeds from Regular (and other) Assessments are to be used to pay for all costs and expenses incurred by the Association, including but not limited to: (1) legal, accounting, management, and professional fees: (2) the costs and expenses of construction, improvement, protection, maintenance, repair, management and operation of the Common Area and common facilities; (3) an amount allocated to an adequate reserve fund, established by the Board, for repairs, replacement, maintenance and improvement of those elements of the Common Area, or other property of the Association that must be replaced and maintained; (4) the cleaning and sweeping of the streets in the subdivision to keep construction mud and debris to a minimum; and (5) mowing the vacant lots and maintaining right-of-way areas HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 17 i 0 in or adjacent to the subdivision to keep the subdivision as a whole as aesthetically pleasing as possible. 8.2.3 Computation of Regular Assessments. The Association shall compute the amount of its Expenses on an annual calendar basis and shall Assess each Class A Owner's lot equally for all Assessments (except the Limited Assessments which are on a lot by lot basis). Regular Assessments for the calendar year shall be pro -rated as of the date of closing. 8.2.4 4 Amounts Paid by Owners. the Board can require, in its discretion payment of Regular Assessments in monthly, quarterly, semi- annual or annual installments. The Regular Assessment to be paid by any particular Owner, including Grantor, for any given calendar year shall be computed by dividing the Association's total advance estimate of expenses by the total number of Building Lots in the Property (i.e., each Owner of a Building Lot shall pay an equal share of Regular Assessments). 8.3 Special Assessments. 8.3.1 Transfer Special Assessment. Upon each transfer of any lot in the subdivision and the recording of the deed each Buyer at closing shall pay the Association a special transfer assessment of ($ ) Dollars which shall be used for genera Association purposes. 8.3.2 Set-up Assessment. Upon the first sale of each lot in this subdivision from the Declarant, the Buyer shall pay to the Association at closing an initial Association set-up fee equal to ($ ) dollars to be used for general Association purposes. This fee shall be a one time initial set up fee, and shall not be prorated for any time left in the calendar year. This set up fee assessment shall be paid in full regardless of the time of year of the closing but shall only be paid once per lot. 8.3.3 Special Assessments. In the event that the Board shall determine that its respective Regular Assessment for a given calendar year is or will be inadequate to meet the Expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of capital improvements upon the Common Area, attorney's fees and/or litigation costs, other professional fees, the Board shall determine the approximate amount necessary to defray such expenses and levy an Excess or Special Assessment equally to all Class A Owners. No such Assessment shall be levied which exceeds thirty-five percent (35%) of the budgeted expenses of the Association for that calendar year, without the vote or written assent of 2/3 of the Class A Owners. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid. 8.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 18 Assessment against a Building Lot and the Owner thereof personally as a remedy to reimburse the Association for costs (together with the 10% management fee, interest and attorney's fees as provided in Article 9 below) incurred in bringing the Owner and/or such Owner's Building Lot into compliance with the provisions of these CC&R's. 8.5 Notice and Assessment Due Date. Except for the Special Transfer Assessment, the Set -Up Assessment and initial prorated Regular Assessment, written notice of all other assessments shall be given to the Owner at the property address in the property covered by this Declaration or to such other address as the Owner supplies in writing to the Board. Such notice shall set out the amounts due and the date(s) due. Each installment of Assessments shall become delinquent if not paid within ten (10) days after the levy and notice thereof. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner's Building Lot as more fully provided herein. 8.6 Late Fees; Interest on Past Due Assessments. Assessments of any kind which are not paid within ten (10) days of the due date shall be assessed an additional late charge of $ . In addition, interest shall be paid on the unpaid assessment at the rate of one and one-half percent (1- 1/2%) per month from the date the assessment was due until the date of payment. 8.7 Estoppel Certificate. The Association, upon at least twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Building Lot Owner is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any such certificate delivered pursuant to this paragraph may be relied upon by any prospective purchaser of Mortgagee of the Owner's Building Lot. Reliance on such Certificate may not extend to any default as to which the signor shall have had no actual knowledge. ARTICLE 9. ENFORCEMENT OF COVENANTS AND ASSESSMENTS; LIENS 9.1 Right to enforce; Attorney's Fees. The Association has the right to enforce these covenants and to collect and enforce its Assessments. Each Owner of a Building Lot, by accepting a deed to a Building Lot, covenants and agrees to comply with the terms, covenants, conditions and restrictions contained herein and to pay each Assessment provided for in this Declaration and agrees to the enforcement of all covenants and Assessments in the manner herein specified and/or by law. In the event an attorney or attorneys are employed for the enforcement of any covenants or the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of this Declaration, each Owner agrees to pay reasonable HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 19 attorney's fees in addition to any other relief or remedy against such Owner. The Board or its authorized representative may enforce these covenants or the obligations of the Owner hereunder by: (1) direct corrective action against the Owner or the offending violation; (2) litigation at law or in equity; (3) foreclosure of the liens created herein; (4) expenditure of funds to remedy any violations; and/or (5) any other lawful action. 9.1.1 Corrective Action. In the event an Owner fails to comply with any provisions of these Declarations, the board shall have authority to take appropriate corrective action against said Owner. Each Owner who is the subject of such corrective action agrees to and shall pay all the costs of said corrective action, plus interest on all expended funds from the date of expenditure at the rate of 1-1/2% per month, plus a management fee equal to ten percent (10%) of all the costs expended for the corrective action, and all attorney's fees incurred. Such shall be a Limited Assessment against that Lot and that Lot Owner and shall create a lien enforceable in the same manner as other assessments set forth in these CC&R's. If such an assessment is not paid within ten (10) days of notice of the limited assessment, the Owner shall also be subject to late fees set out herein. 9.1.2 Notice of Corrective Action. Prior to taking corrective action the Board, or its authorized representative, shall give notice to the Owner of the violation of these Declarations, the remedy necessary and the date by which the remedy must be completed. In the event the Owner has not remedied the violation by the time set out in the notice, the Owner consents to corrective action by the Board or its representatives and shall pay all the costs of such corrective action as set out in this Declaration. 9.2 Assessment Liens. There is hereby created a lien with power of sale on each and every Building Lot to secure payment of any and all Assessments levied against such Building Lot together with other charges as provided in this Declaration. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on such respective Building Lots upon recording of a claim of lien with the County Recorder. Such lien shall be prior and superior to all other liens or claims created subsequent to the recording of the claim of lien except for tax liens for real property taxes on any Building Lot and Assessments on any Building Lot in favor of any municipal or other governmental assessing body which, by law, would be superior thereto. 9.2.1 Claim of Lien. Upon default of any Owner in the payment of any Assessment, the Association may cause to be recorded in the office of the County Recorder a claim of lien. The claim of lien shall state the amount of such delinquent sums and other authorized charges (including the cost of recording), a sufficient legal description of the Building Lot(s)_ against which the same have been assessed, and the name of the record Owner (or reputed Owner) thereof. Each default shall constitute a separate basis for a claim of lien, but any number of defaults may be included within a single claim of lien. Upon payment to the HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 20 Association of all Assessments and all other charges of any kind set out in this Declaration or other satisfaction thereof, the Association shall cause to be recorded a notice releasing the lien. The Association may demand and receive the cost of preparing and recording such release before recording the same. 9.3 Method of Foreclosure. The lien may be foreclosed like a mortgage; foreclosed by power of sale; foreclosed pursuant to Idaho Code 45- 507; or foreclosed by any other appropriate action in court. The Owner shall pay all of the Association's attorney's fees and costs of the action if the Association prevails. Any sale shall be conducted in accordance with Idaho law applicable to the exercise of powers of sale. The Board is authorized to appoint its attorney, any officer or director of the Association, or any title company authorized to do business in Idaho as trustee for the purpose of conducting such power of sale or foreclosure to the extent allowed by law. 9.4 Action at Law. The Association may, in it's discretion, elect not to foreclose the lien and simply file an action at law against the Owner for the monies due. The Owner shall pay all of the Association's attorney's fees and costs of the action if the Association prevails. 9.5 Required Notice. Any claim of lien shall be recorded with the County Recorder. In the event that the Association elects to file a lien and foreclose pursuant to Idaho Code 45-507, then the Association shall serve the copy of the recorded lien on the Owner within 24 hours of the recording of the lien as required by 45-507. no foreclosure action may be brought to foreclose the lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid, to the Owner of the Building Lot(s) described in the claim of lien, and to the person in possession of such Building Lot(s). No prior notice to the Owner is required for the Association to file an action at law for the monies due; provided, however, that no action at law can be filed until an Assessment is more than 60 days in default. 9.6 Subordination to Certain Trust Deeds. The lien for the Assessments provided for herein shall be subordinate to the lien of any first deed of trust or first mortgage given and made in good faith and for value that is of record as an encumbrance against such Building Lot prior to the recording of a claim of lien for the Assessments. The transfer of any lot pursuant to a foreclosure of a first deed of trust or mortgage shall extinguish the lien of the Assessments which came due before the foreclosure. Otherwise, the sale or transfer of any Building Lot shall not affect any liens or lien rights that Association has in this Declaration. Nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for Assessments. 9.7 Rights of Mortgagees. Notwithstanding any other provision of this Declaration, no amendment of this Declaration shall operate to defeat the rights of the Beneficiary under any deed of trust upon a Building Lot made in good faith HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 21 4W r and for value, and recorded prior to the recording of such amendment, provided that after the foreclosure of any such deed of trust such Building Lot shall remain subject to this Declaration as amended. ARTICLE 10. EASEMENTS 10.1 Easements of Access. Grantor expressly reserves for the benefit of all the Property and Owners reciprocal easements of access, ingress and egress to and from their respective Building Lots. These reserved easements are for; (1) installation and repair of utility services in the easement areas identified on the plat; (2) drainage of water (by buried pipe and not by flooding) across and under adjacent Building Lots and Common Areas in the drainage easement areas shown on the plat; (3) reasonable and necessary access by adjacent Owners for the maintenance and repair of fencing, retaining walls, lighting facilities, mailboxes, sidewalk abutments, trees, landscaping and the like. Such easements may also be used as necessary by Grantor and the Association. 10.2 Utility Easements. This Declaration is subject to all easements granted by Grantor before or after this Declaration for the installation and maintenance of utilities, drainage facilities, sewer, water, irrigation systems and the like that are required for the development of the Property. Grantor reserves, for the benefit of the Association, the right to grant additional easements and rights-of-way over the Property to utility companies and public agencies as necessary or expedient for the proper development of the Property. 10.2.1 Improvement of Drainage and Utility Easement Areas. No permanent structures or Improvements shall be constructed on any drainage or utility easement areas which would interfere with or prevent the easement from being used for it's intended purpose. Landscaping and fences in these easement areas are permitted in this Declaration if they do not interfere with the use of the easement. ARTICLE 11. MISCELLANEOUS 11.1 Term. The easements granted in this Declaration shall be perpetual. These CC&R's shall run with the land, and remain in effect, until December 31, 2025, unless amended as provided. After December 31, 2025, these CC&R's shall be automatically extended for successive periods of ten (10) years each, unless amended or terminated by a recorded instrument executed by Members holding at least three-fourths (3/4) of the voting power of the Association. The Association shall not be dissolved without the prior written approval of the City of Boise. 11.2 Amendment by Grantor. Until the recording of the first deed to a Building Lot, the provisions of this Declaration may be amended, modified, HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 22 0 0 clarified, supplemented, added to or terminated by Grantor alone by recording of a written instrument setting forth such amendment or termination. 11.3 Amendment by Owners. Any amendment to this Declaration, shall be by an instrument in writing signed and acknowledged by the President and Secretary of the Association certifying and attesting that such amendment has been approved by the vote, or written consent, representing two thirds (2/3) or more of the votes in the Association. Any amendment shall be effective upon recording with the County Recorder of such amendment. 11.4 Effect of Amendment. Any amendment of this Declaration approved in the manner specified above shall be binding on all owners and all Property, notwithstanding that some Owners may not have voted for or consented to such amendment. Amendments may add to and increase the covenants, conditions, restrictions and easements applicable to the Property but no amendment shall prohibit or unreasonably interfere with the allowed uses of any owner's property which existed prior to the said amendment. 11.5 Annexation of Additional Area. Declarant shall have the right to annex and include additional areas owned by Declarant into these Declarations and to make these additional areas subject to the jurisdiction of these CCR's and the Association. Declarant may annex these additional areas by recording a "Notice of Annexation" with the County Recorder describing the additional property to be annexed and referring to these Declarations and specifically stating in the notice any other or modified or additional restrictions that apply to the additional lands. upon recording of the Notice of Annexation, these CC&R's shall apply to the additional lands (as added to or modified by the Notice of Annexation) as if the additional land were originally covered by this Declaration. Thereafter, the rights, privileges, duties and liabilities of all parties with respect to the additional lands and the lands described in this Declaration will be governed by these Declarations and the Notice of Annexation as if all had been done together originally. The Association shall manage all the lands together. 11.6 Mortgage Protection. No amendment of this Declaration shall operate to defeat or render invalid the rights of the beneficiary under any first deed of trust made in good faith and for value, and recorded prior to the recording of such amendment, provided that after foreclosure of any first deed of trust such Building Lot shall remain subject to this Declaration, as amended. 11.7 Notices. Any notices required by these CC&R's shall be in writing and may be delivered either personally, by mail, or by overnight courier. Delivery shall be complete when served personally, posted prepaid at the Post Office or delivered prepaid to the overnight courier. Notices shall be sent to Owners at the address of the property or if the Owner has given a different address to the Association in writing then notices shall be given to that address. Such address may be changed from time to time by notice in writing to the Association. Notices HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 23 0 • to the Grantor and to the Association shall be given to that address of Grantor on Page One until Owners are given notice in writing of another address for notice. 11.8 Enforcement and Non -Waiver. These CC&R's may be enforced by Declarant, the Board, The association or any Owner. failure to enforce any of the terms of this Declaration at any time shall not be a waiver of the right to do so thereafter. Nothing contained herein shall be construed as an obligation of the Declarant, Board, or Neighborhood Association shall have any liability of any kind to any person or Lot Owner for failing to enforce any of these CC&R's. 11.9 Successors and Assigns. All references herein to Declarant, Owners, the Association or person shall be construed to include all heirs, successors, assigns, partners and authorized agents of such Grantor, Owners, Association or person. DATED THIS day of DEVELOPMENT LLC Title STATE OF IDAHO, COUNTY OF ) ss. On this day of before me, Notary Public in and for said State, personally appeared known or identified to me to be the , of Company that executed the instrument, or the person instrument on behalf of said Limited Liability Company, and that such Limited Liability Company executed the same. the undersigned a the Limited Liability who executed the acknowledged to me IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing in My Commission Expires: HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 24 EXHIBIT "A" Legal Description HACIENDA SUBDIVISION DRAFT COVENANTS, CONDITIONS AND RESTRICTIONS - 25 AFFIDAVIT OF (FUTURE) POSTING OF PUBLIC HEARING NOTICE FOR HACIENDA SUBDIVISION I, Shawn L. Nickel, of Land Consultants, Inc., as authorized representative for Doug Jayo, do hereby affirm that the said property will be posted ten days prior to the P&Z and City Council public hearings. //- /a -0 - — — � -- -/ - ,% Shawn L. Nickel Date Representing Doug Jayo Acknowledgement STATE OF I ) ) SS COUNTY OF Subscribed and sworn to before me a notary public in and for the State of Notary Public „«N M Residing at p► y Commission Expires 0 OT A,Q a�p • s s�y QF'•`O� MAYOR Tammy de Weerd LEGAL DEPARTMENT CITY COUNCIL MEMBERS CITY OF lfIFM I (208) 466-9272 • FAX 466-4405 { PARKS & RECREATION Shaun Wardle ���)�� = (208) 888-3579 • Fax 898-5501 V L William L. M. Nary �� PUBLIC WORKS IDAHO 1 (208) 898-5500 Charles M. Rountree s Fax 887.1297 F Keith Bird r BUILDING DEPARTMENT etiTFR ° "� Trtc, suRe Vu�208 887-2211 () Fax 887-1297 SINGE isoa PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT WITH THE CITY OF MERIDIAN PROJECTS To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Mer' Attn: Will Berg, City Clerk, by: January Meridian City Clews Office Transmittal Date: 13, 2005 December 16, 2004 Hearing Date: January 20, 2005 File No.: PP 04-043 Request: Preliminary Plat approvalfor 98 building lots & 27 commo in a proposed R-8 zone for Hacienda Subdivision n lots on 19.W acres By: Jayo Construction Location of Property or Project: 6000 North Meridian Road David Zaremba, P/Z (No Fp) --.David Moe, P/Z (No Fp) Meridian School District (No Fp) Wendy Newton-Huckabay, P/Z (No FP) Meridian Post Office (Fpmp only) Michael Rohm, P/Z (No FP) Ada County Highway District Keith Borup, PIZ (No FP) Ada County Development Services Tammy de Weerd, Mayor Central District Health Charlie Rountree, C/C Nampa Meridian Irrig. District Christine Donnell, C/C Settlers Irrigation District ------ _ Keith Bird, C/C Idaho Power Co. (Fp, PP, cup) Shaun Wardle, C/C Qwest (FP/PP only) Water Department Intermountain Gas Sewer Department ------- -Bureau of Reclamation (only) ------- . Sanitary Service vaR vac, Fp) Idaho Transportation Departmentp0n(NoFp) Building Department __Ada County Land Records Fire Department Meridian Development Corporation Police Department ------- . Historical Preservation Commission City Attorney Your Concise Remarks: ------ � City Engineer City Planner Parks Department 33 EAST IDAHO AVENUE MERIDIAN, City Clerk Office Fax (208) 888-4218 •Human Resources Fax IDAHO 83642 (208) 888-4433 (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813 Q y , d0 "eerd ShaunW MEMBERS William dle Charles. Nar Y Keith Rntree Bird !7 CITY 1,DAH0 LEGAL (208) 466-92 'EP�RTq jENT PARKS Ax 466-4405 <208) 88 -3& 9EFRE,4T81OtV (208) 89g BL1c WOR NS,� -ss0o . Ks MIrrAL ��e 10 1LDI1V I) Fax 887.1297 (2p) 887,2211 Fax S To 4GLt' ew. F i20 ) 8 NC & Fa 8X 8MENT A' I 1297 84,5533. ZONING wjTH ,,H R C4iAlMENTs ON FaX 888-6854 and To insets Etat your �rtlmen E CITY OF MERICIq DE�LOPMEIV T p Zoning is and recq N ROJECTS ltnission. ase s ub atlons � y be Attn: Will mems c°nside� �0. City Clerk, bl• artd recomn by the Me Transmittal radian Doe: Dieounber � 2�6 planning File No.: PP 2004 rY 13 ions to Meridian City Clerksng 04-043 l'�earin Office Request: Panelimin 9 Daft. j, Plat ap 20 6 in a pro d R-8 zone built/; ' By: Ja o C acienda 27 Y onsh'uction Stwb�c�livision cO��►►�ortt lots on Location of Property or Project: 60 19-63 �h Lerida., o _ acnes David Zaremba, P/Z Mo FP) David Moe, P/Z (No Fri Wendy Newton-Huckabay, PIfP) _ Meridian School Michael Rohm, P2 OW FP) _ Meridian P piste Keith Borup, P2 Mo FP) = q as Cou °sg wce (p �O ) Tammy de Weerd, Mayor Co Uny Mr ay Di �''on _ Ce Dist y Developmen 'Strict Charlie Rountree, C/C al Christine Donnell, C/C _Nampa Mendc�t Health Services Keith Bird, C/C IdahoSettlers Irrigation Irrig. District Shaun Wardle, C/C ,Power Co n p'Strict Water Department = /Qeest (FPipPOn�j(Ff' PP CUPS Sewer Department _ BuremOuntaln Gas Sanitary Service (No ofRecl (FPIPpon u _ Idaho amatio 41) Building Departmenf _Ada C 'rra sponation pe (FP/PPon,1,) Fire Department �_ Merid;an y Land Re pariment Police Departmen+COnQ _ Historical Devel°pment°Co (NO FP) City Attorney Se Remarks_ PreseNation Comr°�� on City Engineer ton City Planner Parks Departn ENUE ,an Re'OU"e' RI — lV, IDA